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A BILL TO BE ENTITLED
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relating to the creation of the Chisholm Trails Municipal Utility |
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District No. 1; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, or taxes. |
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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 8483 to read as follows: |
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CHAPTER 8483. CHISHOLM TRAILS MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8483.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Chisholm Trails Municipal |
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Utility District No. 1. |
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Sec. 8483.002. 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. 8483.003. 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. 8483.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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temporary directors may not hold an election under Section 8483.003 |
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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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(1) consented by ordinance or resolution to the |
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creation of the district and to the inclusion of land in the |
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district; and |
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(2) entered into a development agreement with the |
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owner or owners of a majority of the assessed value of the real |
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property within the district. |
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(b) If a development agreement described by Subsection (a) |
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has not been executed before September 1, 2016: |
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(1) the temporary directors may not call a |
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confirmation election under Section 8483.003; |
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(2) the district is dissolved; and |
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(3) this chapter expires September 1, 2017. |
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Sec. 8483.005. 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. 8483.006. 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 enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting 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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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8483.051. 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 8483.052, directors serve |
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staggered four-year terms. |
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Sec. 8483.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Justin Holt; |
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(2) Jacob Percifull; |
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(3) Matthew Scott; |
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(4) Stephen Ganske; and |
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(5) Jerold Mitchell. |
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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 8483.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8483.003 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 8483.003; 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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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8483.101. 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. 8483.102. 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. 8483.103. 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. 8483.104. 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. 8483.105. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any |
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water, sanitary sewer, road, drainage, or other infrastructure or |
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public facilities constructed, acquired, improved, maintained, or |
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operated by the district shall comply with any subdivision or other |
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applicable regulations of any municipality in whose corporate |
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limits or extraterritorial jurisdiction the infrastructure or |
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public facilities are located unless other regulations are |
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specified in a development agreement between the district and the |
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municipality. |
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Sec. 8483.106. 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 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. 8483.107. DIVISION OF DISTRICT. (a) The original |
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district or any lands added to the district may be divided into two |
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or more new districts in the manner specified by Section 53.029(b), |
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Water Code, 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) The division procedure is prescribed by Sections 53.030 |
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through 53.041, Water Code. |
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(c) Any new district created by the division of the district |
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has all the powers and duties of the district and is subject to the |
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limitations and conditions of this chapter. |
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(d) At the time of creation, any new district created by the |
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division of the district may not contain any land that is not |
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contiguous to the area described by Section 2 of the Act enacting |
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this chapter. |
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(e) A division of the district may not occur until each |
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home-rule municipality in whose corporate limits or |
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extraterritorial jurisdiction the district or any proposed |
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district is located has adopted a resolution consenting to the |
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division. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8483.151. 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 8483.153. |
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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. 8483.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8483.151, 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. 8483.153. 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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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8483.201. 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. 8483.202. 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. 8483.203. 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 Chisholm Trails Municipal Utility District |
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No. 1 initially includes all the territory contained in the |
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following area: |
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METES AND BOUNDS DESCRIPTION |
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HMP Ranch, Ltd - Burleson ETJ - Tract 1 |
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BEING a 81.457 acre tract of land situated in the H. G. Catlett |
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Survey, Abstract Number 177, Johnson County, Texas and being a |
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portion of the tract of land described in the deed to HMP Ranch Ltd, |
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recorded in Volume 3803, Page 887, Deed Records, Johnson County, |
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Texas and in County Clerk's Document Number D206143824, Deed |
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Records, Tarrant County, Texas, said 81.457 acre tract of land |
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being more particularly described as follows: |
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BEGINNING at the intersection of the monumented southwesterly line |
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of County Road 921 with the westerly right-of-way line of the |
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Burlington Northern Santa Fe Railroad Company (a 100 foot wide |
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right-of-way); |
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THENCE with the westerly right-of-way line of said Burlington |
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Northern Santa Fe Railroad Company, South 09° 40' 29" West a |
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distance of 3350.59 feet; |
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THENCE departing the westerly right-of-way line of said Burlington |
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Northern Santa Fe Railroad Company, North 44° 49' 44" West a |
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distance of 3339.05 feet to a northwesterly line of said HMP Ranch |
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Ltd tract and the southeasterly line of a tract of land described in |
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the deed to Leonel Ochoa and wife, Argelia Ochoa recorded in Volume |
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1862, Page 233 Deed Records, Johnson County, Texas; |
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THENCE with the northwesterly line of said HMP Ranch Ltd tract and |
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the southeasterly lines of said Ochoa tract, the tract of land |
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described in the deed to Lazaro Duron and wife. Arcelia Duron |
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recorded in Volume 241, Page 579, Deed Records, Johnson County, |
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Texas, the tract of land described in the deed to Oscar S. Lazarsky |
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and Catalina Sanches recorded in Volume 1891, Page 734, Deed |
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Records, Johnson County, Texas, North 45° 17' 02" East a distance of |
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641.52 feet to theder of the tract of land described in the deed to |
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Ross Senter recorded in Volume 329, Page 28, Deed Records, Johnson |
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County, Texas; |
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THENCE departing said northwesterly line and said southeasterly |
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lines with the southerly lines of said remainder tract, and the |
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tract of land described in the deed to Randall L. Senter et ux Vicki |
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L. Senter recorded in Volume 1360, Page 437, Deed Records, Johnson |
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County, Texas South 45° 30' 56" East a distance of 1,556.15 feet to |
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the most southerly corner of said remaining Ross Senter tract; |
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THENCE continuing with the southeasterly line of said remaining |
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Ross Senter tract the following courses and distances: |
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North 44°27'19" East, a distance of 613.71 feet; |
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North 09°46'11" East, a distance of 540.00 feet; |
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North 54°00'01" East, a distance of 883.07 feet; |
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North 09°40'40" East, a distance of 173.11 feet to the |
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monumented southwesterly line of County Road 921; |
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THENCE departing said northerly and said southeasterly lines with |
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the southwesterly line of said County Road 921, South 45°00'00" |
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East, a distance of 121.67 feet to the POINT OF BEGINNING; |
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Containing a computed area of 3,548,270 square feet or 81.457 acres |
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of land. |
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NOTE: The basis of bearings recited herein is the Texas Coordinate |
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System of 1983, North Central Zone. |
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NOTE: The Surveyor has not abstracted the record title and/or |
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easements of the subject property. The Surveyor prepared this |
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survey without the benefit of a title commitment and assumes no |
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liability for any easements right-of-way dedications or other title |
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matters affecting the subject property. |
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METES AND BOUNDS DESCRIPTION |
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HMP Ranch, Ltd - Burleson ETJ - Tract 2 |
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BEING a 99.976 acre tract of land situated In the H. G. Catlett |
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Survey, Abstract Number 177, Johnson County, Texas and being a |
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portion of the tract of land described in the deed to HMP Ranch Ltd, |
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recorded in Volume 3803, Page 887, Deed Records, Johnson County, |
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Texas and in County Clerk's Document Number D206143824, Deed |
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Records, Tarrant County, Texas, said 99.976 acre tract of land |
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being more particularly described as follows: |
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BEGINNING at the intersection of the approximate centerlines of |
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County Road 921 and County Road 1016; |
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THENCE with an easterly line of said HMP Ranch Ltd tract with the |
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approximate centerline of said County Road 1016, South 45° 26' 19" |
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West a distance of 945.97; |
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THENCE continuing with the easterly line of said HMP Ranch Ltd tract |
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and the approximate centerline of said County Road 1016, South 45° |
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10' 42" West a distance of 1806.20 feet to the beginning of a |
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non-tangent curve to the left having a radius of 2,250.00 feet, a |
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central angle of 40° 36' 01", and a chord bearing and distance of |
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North 58° 45' 23" West 1561.22 feet; |
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THENCE departing the easterly line of said HMP Ranch Ltd tract and |
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the approximate centerline of said County Road 1016 with said |
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non-tangent curve to the left an arc distance of 1594.37 feet to the |
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end of curve in the common line of the H.G. Catlett Survey, Abstract |
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Number 177 and the H.G. Catlett Survey, Abstract Number 380; |
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THENCE with said common line. North 44° 38' 14" East at a distance of |
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458.80 feet passing the common south corner of Said H.G. Catlett |
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Survey, Abstract Number 380 and the U. Mendoza Survey, Abstract |
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Number 545, departing the common line of said Catlett Surveys and |
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continuing with the common line of said H. G. Catlett Survey, |
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Abstract Number 177 and said U. Mendoza Survey in all a distance of |
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3121.47 feet to the north corner of said H.G. Catlett Survey, |
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Abstract Number 177; |
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THENCE continuing with the common line of said H.G. Catlett Survey, |
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Abstract Number 177 and said U. Mendoza Survey, South 45° 04' 23" |
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East, a distance of 1551.14 feet to the POINT OF BEGINNING; |
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Containing a computed area of 4,354,945 square feet or 99.976 acres |
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of land. |
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NOTE: The basis of bearings recited herein is the Texas Coordinate |
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System of 1983, North Central Zone. |
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NOTE: The Surveyor has not abstracted the record title and/or |
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easements of the subject property. The Surveyor prepared this |
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survey without the benefit of a title commitment and assumes no |
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liability for any easements right-of-way dedications or other title |
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matters affecting the subject property. |
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METES AND BOUNDS DESCRIPTION |
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HMP Ranch, Ltd - Burleson ETJ - Tract 3 |
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BEING an 11.905 acre tract of land situated in the U. Mendoza |
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Survey, Abstract Number 545, Johnson County, Texas and being a |
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portion of the tract of land described in the deed to HMP Ranch Ltd, |
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recorded in Volume 3803, Page 887, Deed Records, Johnson County, |
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Texas and in County Clerk's Document Number D206143824, Deed |
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Records, Tarrant County, Texas, said 11.905 acre tract of land |
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being more particularly described as follows: |
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BEGINNING at the most easterly corner of said HMP Ranch Ltd tract, |
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in the approximate centerline of County Road 1011, called in the |
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deed to Texas Land and Investment Company, Inc. recorded in Volume |
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594, Page 457 to be the most easterly corner of the U. Mendoza |
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Survey and the northwest line of the H.G. Catlett Survey Number; |
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THENCE with an easterly line of said HMP Ranch Ltd tract with the |
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approximate centerline of said County Road 1011, South 44° 43' 45" |
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West a distance of 2555.50 feet to the approximate centerline of |
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County Road 921; |
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THENCE continuing with the easterly line of said HMP Ranch Ltd |
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tract, departing the approximate centerline of said County Road |
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1011 with the approximate centerline of said County Road 921, North |
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44° 51' 50" West a distance of 320.46 feet; |
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THENCE departing the approximate centerline of said County Road |
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921, North 49° 54' 39" East a distance of 2464.99 feet to the |
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northerly line of said HMP Ranch Ltd tract and the south line of the |
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tract of land described in the deed to Bill H. Bridges and Tommy D. |
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Bridges recorded in Volume 2513, Page 124, Deed Records, Johnson |
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County, Texas; |
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THENCE with the common line of said HMP Ranch Ltd tract and said |
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Bridges tract. North 89° 35' 15" East a distance of 138.69 feet to |
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the POINT OF BEGINNING; |
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Containing a computed area of 518,590 square feet or 11.905 acres of |
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land. |
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NOTE: The basis of bearings recited herein is the Texas Coordinate |
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System of 1983, North Central Zone. |
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NOTE: The Surveyor has not abstracted the record title and/or |
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easements of the subject property. The Surveyor prepared this |
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survey without the benefit of a title commitment and assumes no |
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liability for any easements right-of-way dedications or other title |
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matters affecting the subject property. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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8483, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8483.108 to read as follows: |
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Sec. 8483.108. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Subsection (c), |
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Section 17, Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |