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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to the creation of the Pilot Knob Municipal Utility |
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District No. 4; 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 F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8____ to read as follows: |
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CHAPTER 8___. PILOT KNOB MUNICIPAL UTILITY DISTRICT NO._ 4 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8___.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 Pilot Knob Municipal Utility |
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District No. 4. |
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Sec. 8___.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8___.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. 8___.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8___.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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Sec. 8___.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 municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas 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. 8___.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 8___.007-8___.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8___.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 8___.052, directors serve |
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staggered four-year terms. |
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Sec. 8___.052. TEMPORARY DIRECTORS. |
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(a) On or after the effective date of the Act creating this |
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chapter, the owner or owners of a majority of the assessed value of |
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the real property in the district may submit a petition to the Texas |
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Commission on Environmental Quality requesting that the commission |
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appoint as temporary directors the five persons named in the |
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petition. The commission shall appoint as temporary directors the |
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five persons 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 8___.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 8___.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 8___.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 8___.053-8___.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8___.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. 8___.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8___.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, and |
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convey to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads described by |
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Section 54.234, Water Code, or improvements, including storm |
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drainage, in aid of those roads. |
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(b) The district may exercise the powers provided by this |
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section without submitting a petition to or obtaining approval from |
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the commission as required by Section 54.234, Water Code. |
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Sec. 8___.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8___.103 |
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unless: |
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(1) each municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project, if a municipality or county will operate and maintain |
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the road; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) Except as provided by Subsection (a), the district is |
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not required to obtain approval from the Texas Transportation |
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Commission to design, acquire, construct, finance, issue bonds for, |
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improve, or convey a road project. |
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Sec. 8___.105. 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 54.016 or 54.0165, Water 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. 8___.106. 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 8___.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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[Sections 8___.107-8___.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8___.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 8___.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, 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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Sec. 8___.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8___.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. 8___.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 8___.154-8___.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8___.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. 8___.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 Sections 54.601 and 54.602, Water Code. |
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Sec. 8___.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 Pilot Knob Municipal Utility District No. 4 |
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initially includes all the territory contained in the following |
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area: 345.581 acres of land, consisting of the 306.331 acre tract |
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described below as "Tract 1" and the 39.250 acre tract described |
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below as "Tract 2": |
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A DESCRIPTION OF 345.581 ACRES IN THE SANTIAGO DEL VALLE GRANT IN |
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TRAVIS COUNTY, TEXAS, BEING ALL OF A 73.453 ACRE TRACT DESCRIBED IN |
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A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED NOVEMBER |
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28, 2006 AND RECORDED IN DOCUMENT NO. 2006229773 OF THE OFFICIAL |
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PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 31.022 ACRE TRACT |
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DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., |
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DATED DECEMBER 16, 2006 AND RECORDED IN DOCUMENT NO. 2006245700 OF |
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THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 29.293 |
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ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION |
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INC., DATED NOVEMBER 21, 2006 AND RECORDED IN DOCUMENT NO. |
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2006225633 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, |
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ALL OF A 28.461 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO |
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JONA ACQUISITION INC., DATED SEPTEMBER 15, 2006 AND RECORDED IN |
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DOCUMENT NO. 2006182621 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS |
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COUNTY, TEXAS, A PORTION OF A 55.222 ACRE TRACT DESCRIBED IN A |
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SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED APRIL 2, 2006 |
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AND RECORDED IN DOCUMENT NO. 2007060712 OF THE OFFICIAL PUBLIC |
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RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 60.921 ACRE TRACT |
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DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., |
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DATED DECEMBER 12, 2006 AND RECORDED IN DOCUMENT NO. 2006239174 OF |
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THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A |
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51.942 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA |
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ACQUISITION INC., DATED DECEMBER 1, 2006 AND RECORDED IN DOCUMENT |
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NO. 2006233636 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, |
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TEXAS, A PORTION OF A 25.119 ACRE TRACT DESCRIBED IN A SPECIAL |
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WARRANTY DEED TO JONA ACQUISITION INC., DATED APRIL 2, 2006 AND |
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RECORDED IN DOCUMENT NO. 2007060707 OF THE OFFICIAL PUBLIC RECORDS |
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OF TRAVIS COUNTY, TEXAS, A PORTION OF A 7.602 ACRE TRACT DESCRIBED |
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IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED APRIL 2, |
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2006 AND RECORDED IN DOCUMENT NO. 2007060704 OF THE OFFICIAL PUBLIC |
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RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 23.694 ACRE TRACT |
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DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., |
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DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO. 2007060710 OF THE |
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OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 1.000 ACRE |
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TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION |
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INC., DATED JANUARY 8, 2007 AND RECORDED IN DOCUMENT NO. 2007005138 |
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OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF |
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LOT A, HARRY REININGER SUBDIVISION, A SUBDIVISION OF RECORD IN |
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VOLUME 65, PAGE 47 OF THE PLAT RECORDS OF TRAVIS COUNTY TEXAS, |
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CONVEYED TO JOHN HALDENSTEIN & RUTH HALDENSTEIN IN WARRANTY DEED |
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WITH VENDOR'S LIEN DATED SEPTEMBER 29, 2000 AND RECORDED IN |
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DOCUMENT NO. 2000161977 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS |
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COUNTY TEXAS, A PORTION OF A 42.558 ACRE TRACT DESCRIBED IN A |
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GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED MAY 16, 2008 |
|
AND RECORDED IN DOCUMENT NO. 2008083861 OF THE OFFICIAL PUBLIC |
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RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 20.005 ACRE TRACT |
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DESCRIBED IN A WARRANTY DEED WITH VENDOR'S LIEN TO JOHN T. |
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HALDENSTEIN AND JOSHUA N. HALDENSTEIN, DATED DECEMBER 14, 2000 AND |
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RECORDED IN DOCUMENT NO. 2000203669 OF THE OFFICIAL PUBLIC RECORDS |
|
OF TRAVIS COUNTY, TEXAS, A PORTION OF A 98.656 ACRE TRACT DESCRIBED |
|
IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED OCTOBER |
|
19, 2006 AND RECORDED IN DOCUMENT NO. 2006204344 OF THE OFFICIAL |
|
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF A 9.662 ACRE TRACT |
|
DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., |
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DATED DECEMBER 14, 2007 AND RECORDED IN DOCUMENT NO. 2007224638 OF |
|
THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A |
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232.233 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY WITH VENDOR'S |
|
LIEN TO JONA ACQUISITION INC., DATED JANUARY 8, 2009 AND RECORDED IN |
|
DOCUMENT NO. 2009003190 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS |
|
COUNTY, TEXAS, AND PORTIONS OF SASSMAN ROAD (70' RIGHT-OF-WAY); |
|
SAID 345.581 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES |
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AND BOUNDS AS FOLLOWS: |
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TRACT 1, 306.331 ACRES: |
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BEGINNING at a calculated point in the east right-of-way line of |
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Thaxton Road (50' right-of-way) for the northwest corner of said |
|
73.453 acre tract, same being the west corner of a 2.76 acre tract |
|
described in a deed to Carl H. Dittmar, recorded in Volume 12562, |
|
Page 428 of the Real Property Records of Travis County, Texas, from |
|
which a 1/2" rebar found bears North 61°56'44" West, a distance of |
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0.44 feet; |
|
THENCE with the north line of said 73.453 acre tract, same being the |
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south line of said 2.76 acre tract, the following two (2) courses |
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and distances: |
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1. South 61°56'44" East, a distance of 404.65 feet to a |
|
1/2" rebar found; |
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2. North 27°52'53" East, a distance of 294.18 feet to a |
|
1/2" rebar found for a north corner of said 73.453 acre tract, |
|
same being the east corner of said 2.76 acre tract, also being |
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in the southwest line of a tract called 21 acres in a deed to |
|
Max F. Ehrlich, recorded in Volume 1945, Page 416 of the Deed |
|
Records of Travis County, Texas; |
|
THENCE South 60°59'42" East, with the northeast line of said 73.453 |
|
acre tract, same being the southwest line of said 21 acre tract, a |
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distance of 2857.05 feet to a 60D nail found for the northeast |
|
corner of said 73.453 acre tract, same being the south corner of |
|
said 21 acre tract, also being in the northwest line of said 29.293 |
|
acre tract; |
|
THENCE North 27°46'44" East, with the northwest line of said 29.293 |
|
acre tract, same being the southeast line of said 21 acre tract, a |
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distance of 1083.71 feet to a 1/2" rebar with Chaparral cap found in |
|
the south right-of-way line of Sassman Road; |
|
THENCE North 28°38'04" East, crossing Sassman Road, a distance of |
|
70.04 feet to a calculated point for the north right-of-way line of |
|
Sassman Road, same being the southwest line of a 2.00 acre tract |
|
described in a deed to Anselmo Medina and spouse, Oralia Medina, |
|
recorded in Document No. 2002227115 of the Official Public Records |
|
of Travis County, Texas; |
|
THENCE South 61°39'26" East, with the north right-of-way line of |
|
Sassman Road, same being the southwest line of said 2.00 acre tract, |
|
the southwest line of a 1.00 acre tract described in a deed to |
|
Gerald D. Shoulders and Rosemary Shoulders, recorded in Volume |
|
12233, Page 1678 of the Real Property Records of Travis County, |
|
Texas, the southwest line of a 1.00 acre tract described in a deed |
|
to Amir Batoeinngi, recorded in Document No. 2008060410 of the |
|
Official Public Records of Travis County, Texas, and the southwest |
|
line of a 1.00 acre tract described in a deed to Abacu Perez and |
|
Felicitas Perez, recorded in Document No. 2006189910 of the |
|
Official Public Records of Travis County, Texas, a distance of |
|
547.23 feet to a calculated point; |
|
THENCE South 63°50'26" East, continuing with the north right-of-way |
|
line of Sassman Road, same being the southwest line of said 1.00 |
|
acre Perez tract, a distance of 14.13 feet to a 1/2" rebar found for |
|
the south corner of said 1.00 acre Perez tract, same being the west |
|
corner of said Lot A; |
|
THENCE North 26°09'41" East, with the northwest line of said Lot A, |
|
same being the southeast line of said 1.00 acre Perez tract, a |
|
distance of 362.16 feet to a calculated point for the east corner of |
|
said 1.00 acre Perez tract, same being the south corner of said |
|
20.005 acre tract; |
|
THENCE North 61°26'42" West, with the southwest line of said 20.005 |
|
acre tract, same being the northeast line of said 1.00 acre Perez |
|
tract, a distance of 113.09 feet to a 1/2" rebar found for an angle |
|
point in the southwest line of said 20.005 acre tract, same being |
|
the north corner of said 1.00 acre Perez tract, also being in the |
|
southeast line of a 1.25 acre tract described in said deed to Amir |
|
Batoeinngi; |
|
THENCE North 28°21'23" East, continuing with the southwest line of |
|
said 20.005 acre tract, same being the southeast line of said 1.25 |
|
acre tract, a distance of 106.07 feet to a 1/2" rebar found for the |
|
east corner of said 1.25 acre tract; |
|
THENCE North 61°29'11" West, continuing with the southwest line of |
|
said 20.005 acre tract, same being the northeast line of said 1.25 |
|
acre tract, and a 1.25 acre tract described in said deed to Gerald |
|
Shoulders, a distance of 417.23 feet to a 1" iron pipe found for the |
|
west corner of said 20.005 acre tract, same being the north corner |
|
of said 1.25 acre Shoulders tract, also being in the southeast line |
|
of a 20.022 acre tract described in a deed to Janie Diaz, recorded |
|
in Document No. 2006101103, said 20.022 acre tract being further |
|
described in Document No. 2001200503, both of the Official Public |
|
Records of Travis County, Texas; |
|
THENCE North 27°07'27" East, with the northwest line of said 20.005 |
|
acre tract, same being the southeast line of said 20.022 acre tract, |
|
a distance of 162.08 feet to a calculated point; |
|
THENCE crossing said 20.005 acre tract, said Lot A, said 42.558 acre |
|
tract, Sassman Road, said 23.694 acre tract, said 7.602 acre tract, |
|
said 25.119 acre tract, said 55.222 acre tract, said 51.942 acre |
|
tract, said 60.921 acre tract, and said 98.656 acre tract, the |
|
following eleven (11) courses and distances: |
|
1. South 61°48'21" East, a distance of 672.64 feet to a |
|
calculated point; |
|
2. South 28°11'39" West, a distance of 1597.96 feet to a |
|
calculated point; |
|
3. With a curve to the left, having a radius of 580.00 |
|
feet, a delta angle of 69°45'07", an arc length of 706.10 |
|
feet, and a chord which bears South 06°40'54" East, a distance |
|
of 663.29 feet to a calculated point; |
|
4. South 41°33'28" East, a distance of 274.95 feet to a |
|
calculated point; |
|
5. With a curve to the right, having a radius of 500.00 |
|
feet, a delta angle of 96°25'47", an arc length of 841.51 |
|
feet, and a chord which bears South 06°39'26" West, a distance |
|
of 745.65 feet to a calculated point; |
|
6. South 54°52'19" West, a distance of 25.40 feet to a |
|
calculated point; |
|
7. South 35°07'41" East, a distance of 344.76 feet to a |
|
calculated point; |
|
8. With a curve to the right, having a radius of 1000.01 |
|
feet, a delta angle of 40°36'48", an arc length of 708.84 |
|
feet, and a chord which bears South 14°49'17" East, a distance |
|
of 694.09 feet to a calculated point; |
|
9. South 05°29'07" West, a distance of 423.15 feet to a |
|
calculated point; |
|
10. With a curve to the left, having a radius of 1800.01 |
|
feet, a delta angle of 68°24'29", an arc length of 2149.12 |
|
feet, and a chord which bears South 28°43'07" East, a distance |
|
of 2023.72 feet to a calculated point; |
|
11. South 62°55'22" East, a distance of 149.13 feet to a |
|
calculated point in the west right-of-way line of F. M. 1625 |
|
(80' right-of-way), same being the southeast line of said |
|
98.656 acre tract; |
|
THENCE South 27°04'38" West, with the west right-of-way line of F. |
|
M. 1625, same being the southeast line of said 98.656 acre tract, a |
|
distance of 699.69 feet to a calculated point for the south corner |
|
of said 98.656 acre tract, same being the east corner of a 10.067 |
|
acre tract described in a deed to Carlos Yescas and Elvira Yescas, |
|
recorded in Document No. 2003084397 of the Official Public Records |
|
of Travis County, Texas; |
|
THENCE North 62°25'04" West, with the southwest line of said 98.656 |
|
acre tract, same being the northeast line of said 10.067 acre tract, |
|
and the northeast line of Lot 6, Las Lomitas Subdivision, a |
|
subdivision of record in Document No. 200200226 of the Official |
|
Public Records of Travis County, Texas, at a distance of 0.11 feet |
|
passing a 1/2" rebar found, and continuing for a total distance of |
|
1097.97 feet to a 1/2" rebar found in the northeast line of said Lot |
|
6, for the southwest corner of said 98.656 acre tract, same being |
|
the southeast corner of said 60.921 acre tract; |
|
THENCE North 62°26'10" West, with the southwest line of said 60.921 |
|
acre tract, same being the northeast line of said Lot 6 and Lot 15 |
|
Las Lomitas Subdivision, a distance of 1283.28 feet to a 1/2" rebar |
|
with Chaparral cap found for the southwest corner of said 60.921 |
|
acre tract, same being the south corner of a 58 acre tract described |
|
in a deed to Fred J. Wende, recorded in Volume 11849, Page 396 of the |
|
Real Property Records of Travis County, Texas; |
|
THENCE North 27°00'49" East, with the northwest line of said 60.921 |
|
acre tract, same being the southeast line of said 58 acre tract, a |
|
distance of 1221.01 feet to an 80D nail found for the east corner of |
|
said 58 acre tract, same being the south corner of said 55.222 acre |
|
tract; |
|
THENCE North 60°57'25" West, with the southwest line of said 55.222 |
|
acre tract, same being the northeast line of said 58 acre tract, a |
|
distance of 1295.20 feet to a 60D nail found for the southwest |
|
corner of said 55.222 acre tract, same being the southeast corner of |
|
said 28.461 acre tract; |
|
THENCE North 61°18'16" West, with the southwest line of said 28.461 |
|
acre tract, same being the northeast line of said 58 acre tract, a |
|
distance of 329.98 feet to a 1" iron pipe found for the southwest |
|
corner of said 28.461 acre tract, same being the southeast corner of |
|
said 29.293 acre tract; |
|
THENCE North 61°30'47" West, with the southwest line of said 29.293 |
|
acre tract, same being the northeast line of said 58 acre tract, a |
|
distance of 331.97 feet to a 1/2" rebar found for the southwest |
|
corner of said 29.293 acre tract, same being the north corner of |
|
said 58 acre tract, also being in the southeast line of a 77.22 acre |
|
tract described in a deed to William D. Wende, Fred J. Wende and |
|
Price T. Wende, recorded in Volume 12171, Page 455 of the Real |
|
Property Records of Travis County, Texas; |
|
THENCE North 27°46'44" East, with the northwest line of said 29.293 |
|
acre tract, same being the southeast line of said 77.22 acre tract, |
|
the southeast line of a 32.892 acre tract described in a deed to |
|
Mark Alexander, recorded in Volume 11513, Page 1451 of the Real |
|
Property Records of Travis County, Texas, and the southeast line of |
|
a remaining portion of 29.94 acres described in a deed to Santana C. |
|
Urias, Jr., recorded in Volume 6132, Page 1217 of the Deed Records |
|
of Travis County, Texas, a distance of 1047.38 feet to a 1/2" rebar |
|
with Chaparral cap found for the northeast corner of said remaining |
|
portion of 29.94 acres, same being the southeast corner of said |
|
31.022 acre tract; |
|
THENCE North 61°12'34" West, with the southwest line of said 31.022 |
|
acre tract, same being the northeast line of said remaining portion |
|
of 29.94 acres, and the northeast line of a 2.500 acre tract |
|
described in a deed to Cloe Bell Urias, recorded in Volume 9678, |
|
Page 891 of the Real Property Records of Travis County, Texas, at a |
|
distance of 3268.31 feet passing a 1/2" rebar found, and continuing |
|
for a total distance of 3268.82 feet to a calculated point in the |
|
east right-of-way line of Thaxton Road, for the west corner of said |
|
31.022 acre tract, same being the north corner of said 2.500 acre |
|
tract; |
|
THENCE North 28°02'32" East, with the east right-of-way line of |
|
Thaxton Road, with the northwest line of said 31.022 acre tract, a |
|
distance of 417.56 feet to a 1/2" rebar found for the north corner |
|
of said 31.022 acre tract, same being the west corner of a remaining |
|
portion of a 3.22 acre tract described in a deed to Carlin Ann |
|
Wilson, recorded in Volume 12562, Page 419 of the Real Property |
|
Records of Travis County, Texas, also being the west corner of an |
|
access easement described in Volume 12562, Page 407 of the Real |
|
Property Records of Travis County, Texas; |
|
THENCE with the northeast line of said 31.022 acre tract, the |
|
following two (2) courses and distances: |
|
1. South 61°16'30" East, with southwest line of said |
|
remaining portion of 3.22 acres, a distance of 406.03 feet to |
|
a 1/2" rebar with Chaparral cap found for the south corner of |
|
said remaining portion of 3.22 acres, same being the west |
|
corner of an 18.38 acre tract described in a deed to Consumer |
|
Solutions, LLC, recorded in Document No. 2010038770 of the |
|
Official Public Records of Travis County, Texas; |
|
2. South 61°00'23" East, with the southwest line of said |
|
18.38 acre tract, a distance of 1136.77 feet to a 1/2" rebar |
|
with cap found for the south corner of said 18.38 acre tract, |
|
same being the southwest corner of said 73.453 acre tract; |
|
THENCE with the northwest line of said 73.453 acre tract, the |
|
following three (3) courses and distances: |
|
1. North 27°53'08" East, with the southeast line of said |
|
18.38 acre tract, a distance of 713.60 feet to a 1/2" rebar |
|
with cap found for the east corner of said 18.38 acre tract; |
|
2. North 61°59'49" West, with the northeast line of said |
|
18.38 acre tract, and the northeast line of a 3.20 acre tract |
|
described in a deed to James J. Williams, recorded in Volume |
|
13116, Page 732 of the Real Property Records of Travis |
|
County, Texas, a distance of 1540.66 feet to a 1/2" rebar with |
|
Chaparral cap found in the east right-of-way line of Thaxton |
|
Road, for the north corner of said 3.20 acre tract; |
|
3. North 28°02'32" East, with the east right-of-way |
|
line of Thaxton Road, a distance of 360.56 feet to the POINT |
|
OF BEGINNING, containing 306.331 acres of land, more or less. |
|
TRACT 2, 39.250 ACRES: |
|
BEGINNING at a 1/2" rebar with Chaparral cap found in the north |
|
right-of-way line of Sassman Road, for the southwest corner of said |
|
232.233 acre tract, same being the southeast corner of a 174.4 acre |
|
tract described in a deed to Edward J. Gillen and wife, Mildred |
|
Gillen, recorded in Volume 1549, Page 268 of the Deed Records of |
|
Travis County, Texas; |
|
THENCE North 27°21'05" East, with the west line of said 232.233 acre |
|
tract, same being the east line of said 174.4 acre tract, a distance |
|
of 1257.11 feet to a calculated point; |
|
THENCE crossing said 232.233 acre tract, the following two (2) |
|
courses and distances: |
|
1. South 36°26'06" East, a distance of 1284.36 feet to a |
|
calculated point; |
|
2. With a curve to the left, having a radius of 1490.63 |
|
feet, a delta angle of 26°48'48", an arc length of 697.59 |
|
feet, and a chord which bears South 52°29'28" East, a distance |
|
of 691.24 feet to a calculated point in the east line of said |
|
232.233 acre tract, same being the west line of said 20.022 |
|
acre tract; |
|
THENCE South 26°53'42" West, with the west line of said 20.022 acre |
|
tract, same being the east line of said 232.233 acre tract and the |
|
east line of said 9.662 acre tract, a distance of 621.23 feet to a |
|
1/2" rebar with 5418 cap found in the north right-of-way line of |
|
Sassman Road, for the southeast corner of said 9.662 acre tract, |
|
same being the southwest corner of said 20.022 acre tract; |
|
THENCE South 29°00'48" West, crossing Sassman Road, a distance of |
|
70.00 feet to a calculated point in the south right-of-way line of |
|
Sassman Road, same being the north line of said 21 acre tract; |
|
THENCE North 60°59'12" West, with the south right-of-way line of |
|
Sassman Road, same being the north line of said 21 acre tract, a |
|
distance of 1838.40 feet to a calculated point; |
|
THENCE North 29°00'48" East, crossing Sassman Road, a distance of |
|
70.00 feet to the POINT OF BEGINNING, containing 39.250 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. Except as provided by Section 4 of this Act: |
|
(1) this Act takes effect immediately if it receives a |
|
vote of two-thirds of all members elected to each house, as provided |
|
by Section 39, Article III, Texas Constitution; and |
|
(2) if this Act does not receive the vote necessary for |
|
immediately effect, this Act takes effect September 1, 2011. |