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AN ACT
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relating to the creation of the Dove Valley Ranch Municipal Utility |
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District of Johnson County; providing authority to issue bonds; |
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providing authority to impose 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 7895 to read as follows: |
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CHAPTER 7895. DOVE VALLEY RANCH MUNICIPAL UTILITY DISTRICT OF |
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JOHNSON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7895.0101. 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 Dove Valley Ranch Municipal |
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Utility District of Johnson County. |
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Sec. 7895.0102. 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. 7895.0103. 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. 7895.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7895.0103 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. 7895.0105. 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. 7895.0106. 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. 7895.0201. 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 7895.0202, directors |
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serve staggered four-year terms. |
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Sec. 7895.0202. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2019, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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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 7895.0103; or |
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(2) September 1, 2023. |
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(c) If permanent directors have not been elected under |
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Section 7895.0103 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 7895.0103; 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. 7895.0301. 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. 7895.0302. 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. 7895.0303. 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. 7895.0304. 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. 7895.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 7895.0306. 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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7895.0103 to confirm the district's creation. |
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(f) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the 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 7895.0103. If the voters of a new district do not confirm |
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the creation of the new district, the assets, obligations, |
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territory, and governance of the new district revert to the |
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original district. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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7895.0104 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(k) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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Sec. 7895.0307. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7895.0401. 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 7895.0403. |
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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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Sec. 7895.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7895.0401, 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. 7895.0403. 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. BONDS AND OTHER OBLIGATIONS |
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Sec. 7895.0501. 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. 7895.0502. 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. 7895.0503. 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 Dove Valley Ranch Municipal Utility District |
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of Johnson County initially includes all the territory contained in |
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the following area: |
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574.533 acres of land situated in Johnson County, Texas, |
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being made up of the following three (3) tracts of land: |
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Tract I: |
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BEING all that certain tract or parcel of land lying and being |
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situated in the JOHNSON COUNTY SCHOOL SURVEY ABSTRACT NO. 437, |
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Johnson County, Texas and being the remainder of a tract described |
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in deed to Daniel Cattle Company recorded in Book 3425, Page 705, |
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Deed Records, Johnson County, Texas and being more particularly |
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described as follows: |
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BEGINNING at a fence corner post at the intersection of the |
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north line of said Daniel Tract and the East right of way line of |
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F.M. Road 2331 and being on the south line of a tract described in a |
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deed to P.C. Bishop et ux, recorded in Volume 424, Page 353, Deed |
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Records, Johnson County, Texas and being the Northwest corner of |
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the remainder of said Daniel Tract; |
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THENCE North 89 degrees 29 minutes 13 seconds East with the |
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north line of said Daniel Tract the south line of said Bishop Tract |
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part of the way, passing the southeast corner of said Bishop Tract |
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and the Southwest corner of a tract described in a deed to Susan R. |
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Welborn, recorded in Book 2578, Page 105, Deed Records, Johnson |
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County, Texas, continuing with the south line of said Welborn Tract |
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a total distance of 3398.43 feet to a set 1/2 inch iron pin stamped |
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"Metroplex 1849" at the Southwest corner of Mustang Estates Phase |
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1, an addition to the County of Johnson according to the plat |
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thereof recorded in Volume 8, Page 640-641, Plat Records, Johnson |
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County, Texas; |
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THENCE North 89 degrees 28 minutes 46 seconds East with the |
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North line of said Daniel tract and the South line of said Mustang |
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Estates a distance of 1262.51 feet to a set 1/2 inch iron pin |
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stamped "Metroplex 1849"; |
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THENCE North 89 degrees 31 minutes 45 seconds East continuing |
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with the north line of said Daniel Tract and the south line of said |
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Mustang Estates a distance of 1378.82 feet to a set PK Nail at the |
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Northeast corner of said Daniel tract on the West line of a tract |
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described in a deed to Eugene Embry recorded in Book 2419, Page 755, |
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Deed Records, Johnson County, Texas and said nail being in County |
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Road 1004; |
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THENCE South 00 degrees 28 minutes 11 seconds East with the |
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east line of said Daniels Tract a distance of 2587.09 feet to a set |
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PK Nail at the southeast corner of said Daniels Tract being the |
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northeast corner of a tract described in a deed to John Walter |
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Hubbard recorded in Volume 750, Page 273, Deed Records, Johnson |
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County, Texas said corner also being on the west line of a tract |
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described in a deed to Evernon C. Carrell recorded in Volume 480, |
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Page 579, Deed Records, Johnson County, Texas; |
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THENCE South 89 degrees 47 minutes 22 seconds West with the |
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south line of said Daniel Tract, the north line of said John Walter |
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Hubbard Tract part of the way passing the northeast corner of a |
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tract described in a deed to Winford Gayland Hubbard et ux, recorded |
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in Volume 1533, Page 492, Deed Records, Johnson County, Texas, |
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continuing for a total distance of 3391.80 feet to a found iron pin |
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at the northwest corner of said Windford Gayland Hubbard Tract and |
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the northeast corner of a tract described in a deed to Mark E. |
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Angeledes and Delana D. Angeledes recorded in Book 2833, Page 944, |
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Deed Records, Johnson County, Texas; |
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THENCE South 89 degrees 18 minutes 56 seconds West with the |
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south line of said Daniel Tract, the north line of said Angeledes |
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Tract part of the way passing the northwest corner of said Angeledes |
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Tract and the northeast corner of a tract described in a deed to |
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Bart Lynch et ux recorded in Book 2805, Page 840, Deed Records, |
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Johnson County, Texas continuing with the north line of said Lynch |
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Tract a total distance of 1344.68 feet to a found iron pin at the |
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northwest corner of said Lynch Tract and the northeast corner of a |
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tract described in a deed to Ben Davis, Jr. recorded in Book 2355, |
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Page 431, Deed Records, Johnson County, Texas; |
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THENCE South 89 degrees 19 minutes 35 seconds West with the |
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south line of said Daniel Tract and the north line of said Davis |
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Tract a distance of 1307.95 feet to a found iron pin at the |
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intersection of the south line of said Daniel Tract and the east |
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right of way of F.M. Road 2331 and being the northwest corner of |
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said Davis Tract and the Southwest corner of the remainder of said |
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Daniel Tract; |
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THENCE North 00 degrees 22 minutes 01 seconds West with the |
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east right of way line of F.M. Road 2331 a distance of 2577.73 feet |
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to the POINT OF BEGINNING and Containing 357.408 acres of land, more |
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or less. |
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Tract II: |
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BEING all that certain tract or parcel of land lying and being |
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situated in the JOHNSON COUNTY SCHOOL SURVEY, ABSTRACT NO. 437, |
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Johnson County, Texas, and being a part of a tract described in a |
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deed to Susan Daniel Hammond et al, recorded in Volume 1222, Page |
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578, Deed Records, Johnson County, Texas and being more |
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particularly described as follows: |
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BEGINNING at a found iron pin at the southwest corner of a |
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tract described in a deed to Ben Davis, Jr. recorded in Volume 2355, |
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Page 431, Deed Records, Johnson County, Texas and being on the east |
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right of way line of F.M. 2331 from which a found iron pin at the |
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northwest corner of said Davis Tract bears North 00 degrees 22 |
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minutes 00 seconds West a distance of 416.82 feet; |
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THENCE North 89 degrees 19 minutes 58 seconds East with the |
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south line of said Davis Tract a distance of 1307.25 feet to a found |
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iron pin at the southeast corner of said Davis Tract, and being on |
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the west line of a tract described in a deed to Bart Lynch et ux, |
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recorded in Book 2805, Page 840, Deed Records of Johnson County, |
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Texas; |
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THENCE South 00 degrees 22 minutes 09 seconds East with the |
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west line of said Lynch Tract, a distance of 1303.49 feet to a found |
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iron pin at the southwest corner of said Lynch Tract and the |
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northwest corner of a called Tract 1, described in a deed to Scott |
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Wayne Anderson et al recorded in Book 2509, Page 133, Deed Records |
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of Johnson County, Texas; |
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THENCE 00 degrees 23 minutes 53 seconds East with the west |
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line of said Anderson Tract a distance of 349.90 feet to a found |
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iron pin at the southwest corner of said Anderson Tract and the |
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northwest corner of a tract described in a deed to Winston E. Dixon |
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et ux recorded in Book 2802, Page 653, Deed Records, Johnson County, |
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Texas; |
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THENCE South 00 degrees 09 minutes 00 seconds East with the |
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west line of said Dixon Tract a distance of 516.60 feet to a set PK |
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Nail at the southwest corner of Dixon Tract and being on the south |
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line of said Hammond Tract; |
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THENCE South 89 degrees 19 minutes 43 seconds West with the |
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south line of said Hammond Tract a distance of 1255.64 feet to a set |
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PK Nail at the southern most southwest corner of said Hammond Tract |
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and being the east right of way line F.M. Road 2331; |
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THENCE North 00 degrees 17 minutes 46 seconds West with the |
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west line of said Hammond Tract and the east right of way line of |
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F.M. Road 2331 a distance of 20.11 feet to a set 1/2 inch iron pin |
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stamped "Metroplex 1849"; |
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THENCE North 45 degrees 22 minutes 01 second West with the |
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west line of said Hammond Tract and the east right of way line of |
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F.M. Road 2331 a distance of 70.60 feet to a set 1/2 inch iron pin |
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stamped "Metroplex 1849"; |
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THENCE North 00 degrees 22 minutes 00 seconds West with the |
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west line of said Hammond Tract and the east right of way line of |
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F.M. Road 2331 a distance of 2099.78 feet to the POINT OF BEGINNING |
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and containing 65.064 acres of land, more or less. |
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Tract III: |
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152.061 Acres situated in and being a portion of Sections 18 |
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and 19, JOHNSON COUNTY SCHOOL LAND SURVEY, ABSTRACT No. 427, |
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Johnson County, Texas and being all those certain Lots, Tracts or |
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Parcels of land described by deeds to Ronald W. Welborn, Trustee, |
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recorded in Volume 2465, Page 461 and Susan R. Welborn, recorded in |
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Volume 2578, Page 105, Official Records, Johnson County, Texas and |
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being more particularly described by metes and bounds as follows: |
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BEGINNING at an iron rod set, said iron being the called |
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southwest corner of said Section 18; |
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THENCE N 00°22'34" W, 1316.79 feet to an iron rod set; |
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THENCE N 89°33'30"E, 232.98 feet to an iron rod set; |
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THENCE N 00°24'34" W, 1267.91 feet to an iron rod found; |
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THENCE N 89°33'32" E, at 3119.2 feet passing an iron rod found |
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in the west line of County Road No. 1004, as it exist and in all |
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3140.20 feet to a nail set in said county road; |
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THENCE S 00°24'30" E, 1700.08 feet to a nail in said county |
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road; |
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THENCE S 89°35'30" W, at 30.0 feet passing an iron rod found at |
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the northeast corner of Dove Valley Ranch, an addition to Johnson |
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County, Texas, according to the plat recorded in Volume 8, Page 641, |
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Plat Records, Johnson County, Texas and in all 380.50 feet to an |
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iron rod set at the most northerly northwest corner of said Dove |
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Valley Ranch; |
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THENCE with the line of said Dove Valley Ranch the following |
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courses and distances; |
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S 00°24'30" E, 239.47 feet to an iron rod found; |
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S 89°30'30" W, 2270.28 feet to an iron rod found; |
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S 00°26'18" E, 642.05 feet to an iron rod found at the |
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southwest corner of said Dove Valley Ranch; |
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THENCE S 89°27'14" W, 723.45 feet to the POINT OF BEGINNING |
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152.061 acres of land. |
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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. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4724 was passed by the House on May 3, |
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2019, by the following vote: Yeas 122, Nays 18, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4724 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 |