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AN ACT
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relating to the creation of the Northeast Burnet County Water |
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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, and 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 8064 to read as follows: |
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CHAPTER 8064. NORTHEAST BURNET COUNTY WATER DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8064.0101. 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 Northeast Burnet County Water |
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District No. 1. |
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Sec. 8064.0102. 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. 8064.0103. 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. 8064.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8064.0103 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. 8064.0105. 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. 8064.0106. 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. 8064.0201. 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 8064.0202, directors |
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serve staggered four-year terms. |
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Sec. 8064.0202. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting 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 commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the 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 8064.0103; 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 8064.0103 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 8064.0103; 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. 8064.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8064.0302. 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. 8064.0303. 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. 8064.0304. 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. 8064.0305. 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 enacting 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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8064.0103 to confirm the creation of the district. |
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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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or provide that the owner or owners of a majority of the assessed |
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value of the real property in each new district may submit a |
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petition to the commission requesting that the commission appoint |
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as temporary directors the five persons named in the petition; 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 commission and record the order in the real property |
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records of each county in which the 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 8064.0103. |
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(i) 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. 8064.0306. STRATEGIC PARTNERSHIP AGREEMENT. The |
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district may negotiate and enter into a written strategic |
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partnership agreement with a municipality under Section 43.0751, |
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Local Government Code. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8064.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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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 8064.0403. |
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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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(d) The district may not issue bonds payable wholly or |
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partly from assessments. |
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Sec. 8064.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8064.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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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. 8064.0403. 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. ASSESSMENTS; APPLICABILITY OF IMPACT FEES AND |
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ASSESSMENTS |
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Sec. 8064.0501. PETITION REQUIRED FOR FINANCING |
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RECREATIONAL FACILITY OR IMPROVEMENT BY ASSESSMENT. (a) The |
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district may finance a recreational facility or improvement with |
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assessments on residential or commercial property or both |
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residential and commercial property under this subchapter, but only |
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if: |
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(1) a written petition requesting that facility or |
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improvement has been filed with the board; and |
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(2) the district holds a hearing on the proposed |
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assessments. |
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(b) The petition must be signed by the owners of a majority |
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of the assessed value of real property in the district subject to |
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assessment according to the most recent certified tax appraisal |
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roll for the county. |
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Sec. 8064.0502. METHOD OF NOTICE FOR HEARING. The district |
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shall mail notice of the hearing to each property owner in the |
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district who will be subject to the assessment at the current |
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address to be assessed as reflected on the tax rolls. The district |
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may mail the notice by certified or first class United States mail. |
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The board shall determine the method of notice. |
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Sec. 8064.0503. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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An assessment or a reassessment imposed under this subchapter by |
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the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(b) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(c) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 8064.0504. UTILITY PROPERTY EXEMPT FROM IMPACT FEES |
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AND ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a person who provides to the public cable |
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television or advanced telecommunications services. |
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SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS |
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Sec. 8064.0601. 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. 8064.0602. 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. 8064.0603. 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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SUBCHAPTER G. DEFINED AREAS |
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Sec. 8064.0701. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
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DESIGNATED PROPERTY. The district may define areas or designate |
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certain property of the district to pay for improvements, |
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facilities, or services that primarily benefit that area or |
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property and do not generally and directly benefit the district as a |
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whole. |
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Sec. 8064.0702. PROCEDURE FOR ELECTION. (a) Before the |
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district may impose an ad valorem tax or issue bonds payable from ad |
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valorem taxes of the defined area or designated property, the board |
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shall hold an election in the defined area or in the designated |
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property only. |
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(b) The board may submit the issues to the voters on the same |
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ballot to be used in another election. |
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Sec. 8064.0703. DECLARING RESULT AND ISSUING ORDER. (a) If |
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a majority of the voters voting at the election approve the |
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proposition or propositions, the board shall declare the results |
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and, by order, shall establish the defined area and describe it by |
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metes and bounds or designate the specific property. |
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(b) A court may not review the board's order except on the |
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ground of fraud, palpable error, or arbitrary and confiscatory |
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abuse of discretion. |
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Sec. 8064.0704. TAXES FOR SERVICES, IMPROVEMENTS, AND |
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FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
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approval and adoption of the order described by Section 8064.0703, |
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the district may apply separately, differently, equitably, and |
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specifically its taxing power and lien authority to the defined |
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area or designated property to provide money to construct, |
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administer, maintain, and operate services, improvements, and |
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facilities that primarily benefit the defined area or designated |
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property. |
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Sec. 8064.0705. ISSUANCE OF BONDS FOR DEFINED AREA OR |
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DESIGNATED PROPERTY. After the order under Section 8064.0703 is |
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adopted, the district may issue bonds to provide for any land, |
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improvements, facilities, plants, equipment, and appliances for |
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the defined area or designated property. |
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SECTION 2. The Northeast Burnet County Water District No. 1 |
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initially includes all the territory contained in the following |
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area: |
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FIELD NOTES |
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BEING ALL OF THAT CERTAIN 1863.573 ACRE TRACT OR PARCEL OF LAND OUT |
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OF AND A PART OF THE JAMES H. CRISWELL SURVEY, NO. 64, ABSTRACT NO. |
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187 1/2, M.M GRANT SURVEY NO. 529, ABSTRACT NO. 369, M.M. GRANT |
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SURVEY NO. 530, ABSTRACT NO. 370, J.H. EVANS SURVEY NO. 1239, |
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ABSTRACT NO. 1164, WILLIAM B. ANDERSON SURVEY NO. 65, ABSTRACT NO. |
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13, T.C.RY. CO. SURVEY NO. 53, ABSTRACT NO. 1357, JOHN B. BARKER |
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SURVEY NO. 1345, ABSTRACT NO. 1211, WILLIAM G. WILLIAMS SURVEY NO. |
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931, ABSTRACT NO. 1001, W.C. HEATH SURVEY NO. 1398, ABSTRACT NO. |
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1310, SARAH SMART SURVEY, NO. 841, ABSTRACT NO. 865, T.C.R.R. CO. |
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SURVEY NO. 91, ABSTRACT NO. 1588, DAVE STEWART SURVEY NO. 5, |
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ABSTRACT NO 806, AND THE S.W. MAYO SURVEY NO. 1156, ABSTRACT NO. |
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1184, ALL SITUATED IN BURNET COUNTY, TEXAS, SAID TRACT OF LAND BEING |
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MORE PARTICULARLY DESCRIBED AS BEING ALL OF A CALLED 233.6123 ACRE |
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TRACT OF LAND (EXHIBIT A), SAVE AND EXCEPT A CALLED 10.00 ACRE TRACT |
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OF LAND (EXHIBIT B) CONVEYED TO SWG BRIGGS I, LP. IN DOCUMENT NO. |
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201610419, OFFICIAL PUBLIC RECORDS OF BURNET COUNTY, TEXAS, ALL OF |
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A CALLED 1526.98 ACRE TRACT OF LAND CONVEYED TO SWG BRIGGS I, LP., |
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IN VOLUME 856, PAGE 747, OFFICIAL PUBLIC RECORDS OF BURNET COUNTY, |
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TEXAS, AND ALL OF A CALLED 113.00 ACRE TRACT OF LAND CONVEYED TO SWG |
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BRIGGS I, LP., IN DOCUMENT NUMBER 201610423, OFFICIAL PUBLIC |
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RECORDS OF BURNET COUNTY, TEXAS, SAID 1863.573 ACRE TRACT OF LAND |
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BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING, at a at the northernmost corner of said 113.00 acre |
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tract, being at the westernmost corner of A CALLED 31.0236 acre |
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tract of land conveyed to Mike & Deanna Leschber in Document Number |
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201204123, Official Public Records of Burnet County, Texas, same |
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being in the southeast line of County Road 219 (R.O.W. Varies), for |
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the northeast corner and the POINT OF BEGINNING of the herein |
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described tract of land, |
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THENCE, with the northeast line of said 113.00 acres, the southwest |
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line of said 31.0236 acres, the southwest line of a called 25.16 |
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acre tract of land conveyed to Danny & Darlene Bannister in Document |
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Number 201605105, Official Public Records of Burnet, County, Texas, |
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and the southwest line of a called 25.18 acre tract of land conveyed |
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to Barbara Cook Irrevocable Trust in Document Number 201604313, |
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Official Public Records of Burnet County, Texas, the following nine |
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(9) courses and distances, numbered 1 through 9, |
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1) S21°23'29"E, a distance of 526.92 feet to a point, |
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2) S28°33'31"E, a distance of 1017.15 feet to a point, |
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3) S08°26'18"W, a distance of 288.16 feet to a point, |
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4) N86°24'09"E, a distance of 312.43 feet to a point, |
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5) S32°25'56"E, a distance of 358.15 feet to a point, |
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6) S29°49'18"E, a distance of 163.65 feet to a point, |
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7) S36°39'03"E, a distance of 194.88 feet to a point, |
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8) S22°22'24"E, a distance of 94.36 feet to a point, and |
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9) S19°03'14"E, a distance of 218.48 feet to a point at the |
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most westerly, southwest corner of said 25.18 acre tract, being the |
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easternmost corner of said 113.00 acre tract, same being in a |
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northwest line of said 1526.98 acre tract of land, |
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THENCE, N67°56'31"E, with the southeast line of said 25.18 acre |
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tract, a distance of 815.54 feet to a point at an interior corner of |
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said 25.18 acre tract of land, |
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THENCE, S21°01'35"E, continuing with a northeast line of said |
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1526.98 acre tract, the southwest line of said 25.18 acre tract, the |
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southwest line of a called 25.10 acre tract of land conveyed to |
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Pamela Cannavan in Volume 1214, Page 561, Official Public Records |
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of Burnet County, Texas, the southwest line of a called 25.092 acre |
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tract of land conveyed to David & Melody Baker in Document Number |
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201100991, Official Public Records of Burnet County, Texas, and the |
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southwest line of a called 25.13 acre tract of land conveyed to K.D. |
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Rhodes Ranch, LLC. in Document Number 200702836, Official Public |
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Records of Burnet, County, Texas, a distance of 3532.45 feet to a |
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point at the southernmost corner of said 25.13 acre tract, being in |
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the northwest line of a called 31.44 acre tract of land conveyed to |
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Daniel & Diann Davis in Volume 1032, Page 314m, Official Public |
|
Records of Burnet, County, Texas, |
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THENCE, S67°36'29"W, with the northwest line of said 31.44 acre and |
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a southeast line of said 1526.98 acre tract of land, a distance of |
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281.44 feet to a point at the westernmost corner of said 31.44 acre |
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tract, |
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THENCE, continuing with a northeast line of said 1526.98 acre |
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tract, the southwest line of said 31.44 acre tract, the southwest |
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line of a called 50.0 acre tract of land conveyed to Andres & |
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Jacqueline Gonzales in Volume 632, Page 553, Official Public |
|
Records of Burnet County, Texas, and a southwest line of a called |
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79.88 acre tract of land (Tract Three) conveyed to Kevin & Faith |
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McAndrew in Document Number 20906099, Official Public Records of |
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Burnet County, Texas, the following four (4) courses and distances, |
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numbered 1 through 4, |
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1) S21°06'12"E, a distance of 924.69 feet to a point, |
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2) S25°03'14"E, a distance of 415.81 feet to a point, |
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3) S20°46'52"E, a distance of 563.14 feet to a point, and |
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4) S21°06'08"E, a distance of 745.00 feet to a point at an |
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interior corner of said 79.88 acre tract, being at the easternmost |
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corner of said 1526.98 acre tract, for the easternmost corner of the |
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herein described tract of land, |
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THENCE, S68°34'51"W, with a southeast line of said 1526.98 acre |
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tract, a northwest line of said 79.88 acre tract, and the northwest |
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line of Lots 18 & 19, Spring Creek Estates, a subdivision recorded |
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in Volume 2, Page 29A, Plat Records of Burnet county, Texas, a |
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distance of 2652.74 feet to a point at the westernmost corner of |
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said Lot 18, being at a south corner of said 1526.98 acre tract, |
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same being in the northeast line of a called 107.9 acre tract of |
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land conveyed to Charles & Nancy Stovall in Document Number |
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201803478, Official Public Records of Burnet County, Texas, |
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THENCE, N21°32'12"W, with a southwest line of said 1526.98 acre |
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tract and the northeast line of said 107.9 acre tract of land, a |
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distance of 1043.80 feet to a point at the north corner of said |
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107.9 acre tract of land, |
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THENCE, with a southeast line of said 1526.98 acre tract, the |
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southeast line of said 223.6123 acre tract, the northwest line of |
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said 107.9 acre tract, the northwest line of a called 317.74 acre |
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tract of land, (Tract 1) conveyed to Jadenyx, LP. in Volume 1196, |
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Page 271, Official Public Records of Burnet County, Texas, and the |
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northwest line of a called 232.06 acre tract of land (Tract 3) |
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conveyed to Jadenyx, LP. in Volume 1196, Page 271, Official Public |
|
Records of Burnet County, Texas, the following two (2) courses and |
|
distances, numbered 1 and 2, |
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1) S68°29'04"W, a distance of 1840.13 feet to a point, and |
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2) S68°51'14"W, a distance of 5049.97 feet to a point at the |
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west corner of said 232.06 acre tract, being at the southernmost |
|
corner of said 223.6123 acre tract, same being in the northeast line |
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of a called 469.21 acre tract of land conveyed to Billie Stiles in |
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Volume 1458, Page 914, Official Public Records of Burnet County, |
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Texas, for the southwest corner of the herein described tract of |
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land, |
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THENCE, with the common line of said 469.21 acre tract of land and |
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said 223.6123 acre tract of land, the following two (2) courses and |
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distances, numbered 1 and 2, |
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1) N21°32'07"W, a distance of 2024.80 feet to a point at the |
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northernmost corner of said 469.21 acre tract of land, and |
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2) S69°04'28"W, a distance of 1682.57 feet to a point in the |
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northwest line of said 469.21 acre tract, being at a southwest |
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corner of said 223.6123 acre tract, same being at the easternmost |
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corner of a called 160.45 acre tract of land conveyed to Floyd & |
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Tammy Cantwell in Document Number 200910400, Official Public |
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Records of Burnet County, Texas, for a southwest corner of the |
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herein described tract of land, |
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THENCE, N21°13'36"W, with a southwest line of said 223.6123 acre |
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tract, the northeast line of said 160.45 acre tract and the |
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northeast line of a called 14.0 acre tract of land conveyed to SWG |
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Briggs I, LP. in Document Number 201610417, Official Public Records |
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of Burnet County, Texas, a distance of 1973.11 feet to a point in |
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the southwest line of said 223.6123 acre tract, being in the |
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northeast line of said 14.0 acre tract, same being at the |
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southernmost corner of a called 10.00 acre tract of land conveyed to |
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Wayne & Leigh Anne Eaton in Volume 975, Page 166, Official Public |
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Records of Burnet County, Texas, |
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THENCE, with the southeast and northeast line of said 10.00 acre |
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tract and over and across said 223.6123 acre tract of land, the |
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following two (2) courses and distances, numbered 1 and 2, |
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1) N69°01'35"E, a distance of 660.01 feet to a point at the |
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east corner of said 10.00 acre tract, and |
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2) N21°13'36"W, a distance of 660.00 feet to a point at the |
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northernmost corner of said 10.00 acre tract, being a northwest |
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line of said 223.6123 acre tract of land, same being in the |
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southeast line of FM 2657 (80' R.O.W.), for a west corner of the |
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herein described tract of land, |
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THENCE, with the southeast line of said FM 2657, the northwest line |
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of said 223.6123 acre tract and the northwest line of said 1526.98 |
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acre tract of land, the following nine (9) courses and distances, |
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numbered 1 through 9, |
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1) N69°01'35"E, a distance of 680.27 feet to a point at the |
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beginning of a curve to the left, |
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2) Along said curve to the left, having a radius of 1185.92 |
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feet, an arc length of 1092.68 feet, and a chord that bears |
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N42°38'30"E, a distance of 1054.44 feet to a point, |
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3) N16°14'45"E, a distance of 1349.29 feet to a point at the |
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beginning of a curve to the left, |
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4) Along said curve to the left, having a radius of 2904.79 |
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feet, an arc length of 769.66 feet, and a chord that bears |
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N08°39'20"E, a distance of 767.41 feet to a point, |
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5) N01°04'37"E, a distance of 1877.79 feet to a point at the |
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beginning of a curve to the right, |
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6) Along said curve to the right, having a radius of 1105.92 |
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feet, an arc length of 637.44 feet, and a chord that bears |
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N17°32'25"E, a distance of 628.65 feet to a point, |
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7) N42°28'01"E, a distance of 97.25 feet to a point at the |
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beginning of a curve to the right, |
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8) Along said curve to the right, having a radius of 1095.92 |
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feet, an arc length of 162.19 feet, and a chord that bears |
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N43°19'43"E, a distance of 162.04 feet to a point, and |
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9) N47°34'39"E, a distance of 657.87 feet to a point at the |
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intersection of the southeast line of said FM 2657 and the south |
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line of County Road 219 (R.O.W. Varies), being at a north corner of |
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said 1526.98 acre tract of land, for a north corner of the herein |
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described tract of land, |
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THENCE, with the south line of said County Road 219, the north line |
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of said 1526.98 acre tract, and the north line of said 113.00 acre |
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tract, the following eight (8) courses and distances, numbered 1 |
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through 8, |
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1) S54°06'13"E, a distance of 57.20 feet to a point, |
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2) S72°29'38"E, a distance of 88.74 feet to a point, |
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3) N69°30'23"E, a distance of 313.21 feet to a point, |
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4) N86°15'23"E, a distance of 719.11 feet to a point, |
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5) S54°47'06"E, a distance of 233.00 feet to a point, |
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6) S85°05'04"E, a distance of 2003.08 feet to a point, |
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7) N86°10'53"E, a distance of 53.79 feet to a point, |
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8) N68°21'35"E, a distance of 1753.54 feet to the POINT OF |
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BEGINNING and containing 1863.573 acres of land. |
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BEARING BASIS: 1526.98 Acres, Volume 856, Page 747, Official Public |
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Records of Burnet County, Texas. |
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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 |
|
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 |
|
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 |
|
representatives within the required time. |
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(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. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
8064, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8064.0307 to read as follows: |
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Sec. 8064.0307. 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 |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
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SECTION 5. 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 |
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Act takes effect September 1, 2019. |
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|
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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|
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I certify that H.B. No. 4669 was passed by the House on May 3, |
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2019, by the following vote: Yeas 124, Nays 16, 2 present, not |
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voting. |
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|
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______________________________ |
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Chief Clerk of the House |
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|
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I certify that H.B. No. 4669 was passed by the Senate on May |
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21, 2019, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |