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AN ACT
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relating to the creation of the Comal County Water Improvement |
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District No. 2; providing authority to impose a tax and issue bonds; |
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granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9039 to read as follows: |
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CHAPTER 9039. COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9039.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Comal County Water |
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Improvement District No. 2. |
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Sec. 9039.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district created under Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 9039.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 9039.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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temporary directors may not hold an election under Section 9039.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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(b) A confirmation election held in violation of this |
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section is void. |
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Sec. 9039.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a water control and improvement district as |
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provided by general law and Section 59, Article XVI, Texas |
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Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 9039.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 9039.007-9039.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9039.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 9039.052, directors serve |
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staggered four-year terms. |
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Sec. 9039.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as temporary directors the five persons |
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named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 9039.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 9039.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 9039.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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[Sections 9039.053-9039.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9039.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 9039.102. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. The district has the powers and duties provided |
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by the general law of this state, including Chapters 49 and 51, |
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Water Code, applicable to water control and improvement districts |
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created under Section 59, Article XVI, Texas Constitution, and |
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including powers relating to sanitary sewer systems. |
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Sec. 9039.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 9039.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 9039.105. CHANGE IN SURFACE LAND USE. The district may |
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not develop the surface of any land in the district for purposes |
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other than mining, quarrying, or water resource development, |
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retention, and distribution unless: |
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(1) the municipality in whose corporate limits or |
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extraterritorial jurisdiction the land is located and the owner or |
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owners of the land enter into a development agreement under Section |
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212.172, Local Government Code; and |
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(2) the change in use of the land complies with the |
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development agreement described by Subdivision (1). |
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Sec. 9039.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 42.042, Local Government Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 9039.107. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 9039.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 9039.108. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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9039.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 9039.003. If the voters of a new district do not confirm |
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the creation of the new district, the assets, obligations, |
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territory, and governance of the new district revert to the |
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original district. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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9039.004 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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Sec. 9039.109. LIMITATION ON ANNEXATION OF LAND BY |
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DISTRICT. (a) Except as provided by Subsection (b), the district |
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or any new district created by the division of the district may not |
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annex land outside the area described by Section 2 of the Act |
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creating this chapter without the consent of each municipality in |
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whose corporate limits or extraterritorial jurisdiction any of the |
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land in the area described by Section 2 of the Act creating this |
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chapter is located. |
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(b) The district or any new district created by the division |
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of the district may annex land adjacent to the area described by |
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Section 2 of the Act creating this chapter for mining, quarrying, or |
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water resource development, retention, and distribution purposes |
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without the consent of a municipality in whose corporate limits or |
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extraterritorial jurisdiction any of the land in the area described |
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by Section 2 of the Act creating this chapter is located. |
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Sec. 9039.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT. |
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For the purposes of Section 43.021(2), Local Government Code, or |
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other law, including a municipal charter or ordinance relating to |
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annexation, an area adjacent to the district or any new district |
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created by the division of the district is considered adjacent to a |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction any of the land in the area described by Section 2 of |
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the Act creating this chapter is located. |
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[Sections 9039.111-9039.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9039.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 9039.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 51, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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(d) The district may not hold an election to authorize the |
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issuance of bonds payable from ad valorem taxes to finance water and |
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wastewater facilities to provide water and wastewater service for |
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uses other than mining, quarrying, or water resource development, |
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retention, and distribution unless each municipality in whose |
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corporate limits or extraterritorial jurisdiction the district is |
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located and the owners of land in the district enter into a |
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development agreement under Section 212.172, Local Government |
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Code. |
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Sec. 9039.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 9039.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 9039.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 9039.154-9039.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 9039.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 9039.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Section 51.433, Water Code. |
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Sec. 9039.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Comal County Water Improvement District No. |
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2 initially includes all the territory contained in the following |
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area: |
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Being 2040 acres tract of land describing a political |
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subdivision in Comal County, Texas, comprising a portion of the |
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Vicente Salinas Survey No. 393, Abstract 519, a portion of the |
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Phillip Engleback Survey No. 388, Abstract 139, a portion of the |
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Joseph Thompson Survey No. 751, Abstract 615, a portion of the SA & |
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MG Railroad Company Survey No. 593, Abstract 579, all of the Jacob |
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Heidrich Survey No. 638, Abstract 242, a portion of the Gottlieb |
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Kempin Survey No. 634, Abstract 322, a portion of the Joseph |
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Thompson Survey No. 750, Abstract 607, a portion of the Gustav |
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Brecher Survey No. 639, Abstract 159, a portion of the G. Ulrich |
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Survey, Abstract 634, a portion of the SA & MG Railroad Company |
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Survey No. 592, Abstract 576, a portion of the D. Pfueffer Survey |
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No. 496, Abstract 465, a portion of the G. Pfeuffer Survey No. 495, |
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Abstract 464, and a portion of the Francisco Rodriguez Survey No. |
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99, Abstract 484, Comal County, Texas, same being a portion of a |
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520.882 acre tract described in Document #9606007621, Official |
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Records, Comal County, Texas, a portion of a 1441.153 acre tract |
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described as "FIRST TRACT" in Volume 795, Page 833, recorded in |
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Comal County, Texas, all of a 3.068 acre tract described in Document |
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#9606002717, Official Records, Comal County, Texas, all of a 4.62 |
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acre tract described in Volume 795, Page 899, recorded in Comal |
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County, Texas, all of a 70.103 acre tract described as "SECOND |
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TRACT" in Volume 795, Page 833, recorded in Comal County, Texas, and |
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all of a 16.715 acre tract described as "THIRD TRACT" in Volume 795, |
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Page 899, recorded in Comal County, Texas, and including a portion |
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of F.M. 482, more particularly described by metes and bounds as |
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follows: |
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BEGINNING at a point in the northwest right-of-way line of |
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the Union Pacific Railroad, said point being also the south corner |
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of the aforementioned 16.715 acre tract; |
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THENCE along the southwest line of the aforementioned 16.715 |
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acre tract, N 38° 19' 53" W a distance of 728.60 to a point in the |
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southeast right-of-way line of the aforementioned F.M. 482; |
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THENCE crossing said F.M. 482, N 38° 19' 53" W a distance of |
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58.89 feet to a point in the northwest right-of-way line of said |
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F.M. 482 for a corner of the herein described 2040 acre tract; |
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THENCE along the aforementioned northwest right-of-way line |
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of F.M. 482, S 38° 48' 47" W a distance of 315.41 feet to a point for |
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a corner of the herein described 2040 acre tract; |
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THENCE leaving the aforementioned northwest right-of-way |
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line of F.M. 482 along the southwest line of the aforementioned |
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70.103 acre tract the following six courses: |
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N 36° 49' 58" W a distance of 173.13 feet to a point; |
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N 27° 18' 53" W a distance of 191.27 feet to a point; |
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N 29° 48' 15" W a distance of 568.37 feet to a point; |
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N 29° 33' 14" W a distance of 542.19 feet to a point; |
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N 29° 42' 14" W a distance of 1073.71 feet to a point; |
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N 29° 44' 32" W a distance of 289.13 feet to a point in the |
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southeast right-of-way line of the Union Pacific Railroad; |
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THENCE leaving the aforementioned southeast right-of-way |
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line of the Union Pacific Railroad and crossing said right-of-way, |
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N 33° 52' 36" W a distance of 95.61 feet to a point in the northwest |
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right-of-way line of said right-of-way; |
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THENCE leaving the aforementioned northwest right-of-way |
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line of Union Pacific Railroad along a southwest line of the |
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aforementioned 1441.153 acre tract the following thirteen courses: |
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N 29° 53' 25" W a distance of 1697.53 feet to a point; |
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N 30° 21' 49" W a distance of 2519.32 feet to a point; |
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N 30° 37' 56" W a distance of 2062.52 feet to a point; |
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N 30° 18' 19" W a distance of 421.53 feet to a point for a |
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corner of the herein described 2040 acre tract; |
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N 25° 16' 50" W a distance of 30.81 feet to a point; |
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N 30° 14' 39" W a distance of 23.87 feet to a point for a |
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re-entrant corner of the herein described 2040 acre tract; |
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S 57° 53' 34" W a distance of 465.11 feet to a point for a |
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corner of the herein described 2040 acre tract; |
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N 33° 09' 15" W a distance of 587.57 feet to a point for a |
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corner of the herein described 2040 acre tract; |
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N 76° 43' 30" W a distance of 820.61 feet to a point for a |
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corner of the herein described 2040 acre tract; |
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N 31° 15' 16" W a distance of 416.84 feet to a point; |
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N 31° 30' 02" W a distance of 1271.43 feet to a point; |
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N 31° 22' 46" W a distance of 1333.52 feet to a point; |
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N 31° 23' 29" W a distance of 2227.66 feet to a point for a |
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corner of the herein described 2040 acre tract; |
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THENCE continuing along the line of the aforementioned 1441.153 |
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acre tract the following sixteen courses: |
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S 60° 52' 50" W a distance of 497.70 feet to a point; |
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S 59° 01' 28" W a distance of 1115.95 feet to a point; |
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S 59° 02' 57" W a distance of 914.41 feet to a point; |
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S 59° 03' 01" W a distance of 1114.41 feet to a point; |
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S 57° 23' 13" W a distance of 32.92 feet to a point for a corner |
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of the herein described 2040 acre tract; |
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N 30° 56' 02" W a distance of 465.31 feet to a point for a |
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corner of the herein described 2040 acre tract; |
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N 33° 31' 12" E a distance of 6.26 feet to a point for a corner |
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of the herein described 2040 acre tract; |
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N 79° 04' 59" E a distance of 199.49 to a point for a |
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re-entrant corner of the herein described 2040 acre tract; |
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N 20° 21' 39" W a distance of 1136.74 to a point; |
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N 19° 38' 37" W a distance of 1581.04 to a point for a corner of |
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the herein described 2040 acre tract; |
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N 53° 11' 57" E a distance of 959.99 to a point; |
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N 51° 15' 55" E a distance of 168.17 to a point; |
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N 53° 10' 13" E a distance of 370.06 to a point for a |
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re-entrant corner of the herein described 2040 acre tract; |
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N 40° 42' 50" W a distance of 1092.82 to a point for a corner of |
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the herein described 2040 acre tract; |
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N 52° 20' 54" E a distance of 1809.14 to a point; |
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N 51° 51' 39" E a distance of 2017.89 to a point for a north |
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corner of the aforementioned 1441.153 acre tract and a west |
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corner of the aforementioned 520.882 acre tract; |
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THENCE along the west line of the aforementioned 520.882 acre tract |
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the following nine courses and distances: |
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N 41° 27' 49 E a distance of 423.79 to a point for a re-entrant |
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corner of the herein described 2040 acre tract; |
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N 40° 11' 18 W a distance of 706.65 to a point for a corner of |
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the herein described 2040 acre tract; |
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N 07° 15' 48 E a distance of 439.57 to a point; |
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N 15° 08' 12 E a distance of 352.85 to a point; |
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N 03° 18' 42 W a distance of 161.89 to a point; |
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N 05° 05' 26 W a distance of 135.58 to a point; |
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N 02° 13' 02 E a distance of 40.64 to a point; |
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N 05° 37' 31 E a distance of 521.62 to a point; |
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N 20° 22' 27 E a distance of 95.14 to a point in the south |
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right-of-way line of F.M. 1863 for a northwest corner of the |
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herein described tract; |
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THENCE with the aforementioned south line of F.M. 1863 the |
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following 8 courses: |
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N 51° 29' 50" E a distance of 175.09 to a point; |
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N 57° 58' 53" E a distance of 136.67 to a point of curvature; |
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A distance of 596.10 feet with the arc of a curve to the right |
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having a radius of 3564.00 feet, a central angle of 9° 34' 59", |
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and a chord that bears N 62° 46' 23" E a distance of 595.41 |
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feet to a point of tangency; |
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N 67° 33' 52" E a distance of 335.48 to a point of curvature; |
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A distance of 562.48 feet with the arc of a curve to the right |
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having a radius of 1106.28 feet, a central angle of 29° 07' |
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54", and a chord bearing N 82° 07' 49" E a distance of 556.44 |
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feet to a point of tangency; |
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S 83° 18' 14" E a distance of 362.86 to a point; |
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S 86° 38' 26" E a distance of 345.46 to a point; |
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N 89° 51' 46" E a distance of 759.89 to a point for the |
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northeast corner of the herein described 2040 acre tract; |
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THENCE leaving the aforementioned south line of F.M. 1863 and |
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crossing the aforementioned 520.882 acre tract the following 5 |
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courses: |
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S 04° 10' 58" W a distance of 832.87 to a point of curvature; |
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A distance of 1011.26 feet with the arc of a curve to the left |
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having a radius of 1950 feet, a central angle of 29° 42' 48", |
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and a chord bearing S 10° 40' 26" E a distance of 999.97 feet |
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to a point of tangency; |
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S 25° 31' 50" E a distance of 403.22 to a point of curvature; |
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A distance of 1319.83 feet with the arc of a curve to the |
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right having radius of 1840 feet, a central angle of 41° 05' |
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54", and a chord bearing S 04° 58' 53" E a distance of 1291.72 |
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feet to a point of tangency; |
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S 15° 34' 04" W a distance of 1199.41 to a point; |
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THENCE S 37° 26' 09" E a distance of 1838.77 to a point for a corner |
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of the herein described 2040 acre tract; |
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THENCE along the north line of the aforementioned 3.068 acre tract |
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the following 4 courses: |
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N 52° 30' 49" E a distance of 2294.03 to a point; |
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N 56° 29' 27" E a distance of 253.16 to a point; |
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N 60° 06' 52" E a distance of 1753.03 to a point; |
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N 23° 59' 42" E a distance of 57.02 to a point in the southwest |
|
line of Krueger Canyon Road for a corner of the herein |
|
described 2040 acre tract; |
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THENCE leaving the north line of the aforementioned 3.068 acre |
|
tract along the southwest line of Krueger Canyon Road the following |
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two courses: |
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S 42° 27' 33" E a distance of 59.64 feet to a point; |
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S 56° 34' 29" E a distance of 51.14 to a point for a corner of |
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the herein described 2040 acre tract; |
|
THENCE leaving aforementioned southwest line of Krueger Canyon Road |
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along the southeast line of a 4.62 acre tract as described in Volume |
|
795, Page 899, recorded in Comal County, Texas, the following three |
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courses: |
|
S 60° 08' 27" W a distance of 1964.80 to a point; |
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S 52° 24' 31" W a distance of 2406.31 to a point; |
|
S 73° 01' 33" W a distance of 154.97 to a point; |
|
THENCE leaving the southeast line of the aforementioned 4.62 acre |
|
tract along the line of the herein described 2040 acre tract, S 56° |
|
25' 06" W a distance of 638.95 to a point for a corner of the herein |
|
described 2040 acre tract; |
|
THENCE along the southwest line of a of a 13.86 acre tract described |
|
in Volume 795, Page 899, recorded in Comal County, Texas, the |
|
following three courses: |
|
S 31° 15' 27" E a distance of 74.53 to a point; |
|
S 41° 39' 34" E a distance of 2866.81 to a point; |
|
S 30° 05' 38" E a distance of 3464.80 to a point for a corner of |
|
the herein described 2040 acre tract; |
|
THENCE leaving the southwest line of the aforementioned 13.86 acre |
|
tract along the northeast line of the aforementioned 1441.153 acre |
|
tract, being also a northeast line of the herein described tract, |
|
the following ten courses: |
|
S 58° 40' 39" W a distance of 325.39 to a point for a |
|
re-entrant corner of the herein described 2040 acre tract; |
|
S 30° 11' 33" E a distance of 1726.02 to a point; |
|
S 30° 44' 44" E a distance of 898.77 to a point; |
|
S 30° 15' 26" E a distance of 302.94 to a point; |
|
S 30° 57' 47" E a distance of 381.87 to a point; |
|
S 29° 33' 10" E a distance of 521.64 to a point; |
|
S 29° 58' 58" E a distance of 1068.26 to a point; |
|
S 29° 22' 09" E a distance of 598.91 to a point; |
|
S 29° 04' 59" E a distance of 520.93 to a point; |
|
S 30° 08' 30" E a distance of 668.29 to a point in the |
|
northwest right-of-way line of the Union Pacific Railroad, |
|
formerly the Missouri-Pacific Railroad, formerly the |
|
International and Great Northern Railroad, for a corner of |
|
the herein described 2040 acre tract; |
|
THENCE leaving the aforementioned northeast line of the 1441.153 |
|
acre tract along the aforementioned northwest right-of-way line of |
|
the Union Pacific Railroad, S 56° 53' 04" W a distance of 1454.77 |
|
feet to a point; |
|
THENCE leaving the aforementioned northwest right-of-way line of |
|
the Union Pacific Railroad and crossing said right-of-way, S 28° 08' |
|
08" E a distance of 92.87 feet to a point in the southeast |
|
right-of-way line of said Union Pacific Railroad; |
|
THENCE leaving the aforementioned southeast right-of-way line of |
|
Union Pacific Railroad along the northeast line of the |
|
aforementioned 70.103 acre tract the following three courses: |
|
S 29° 29' 54" E a distance of 1394.17 feet to a point; |
|
S 30° 02' 49" E a distance of 844.61 feet to a point; |
|
S 38° 42' 20" E a distance of 242.41 feet to a point in the |
|
northwest right-of-way line of F.M. 482; |
|
THENCE leaving the aforementioned northwest right-of-way line F.M. |
|
482 and crossing said road, S 41° 35' 33" E a distance of 54.99 to a |
|
point in the southeast right-of-way line of F.M. 482; |
|
THENCE leaving the aforementioned southeast right-of-way line of |
|
F.M. 482 along the northeast line of the aforementioned 16.715 acre |
|
tract, S 35° 44' 45" E a distance of 873.43 to a point in the |
|
aforementioned northwest right-of-way line of the Union Pacific |
|
Railroad for a corner of the herein described 2040 acre tract; |
|
THENCE along the southeast line of the aforementioned 16.715 acre |
|
tract, being the same as the aforementioned right-of-way line of |
|
the Union Pacific Railroad, S 49° 09' 42" W a distance of 882.41 to |
|
the PLACE OF BEGINNING, and containing 2040 acres of land, more or |
|
less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 2463 passed the Senate on |
|
May 5, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 2463 passed the House on |
|
May 25, 2009, by the following vote: Yeas 144, Nays 0, two |
|
present not voting. |
|
|
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
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Approved: |
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|
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______________________________ |
|
Date |
|
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|
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______________________________ |
|
Governor |