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AN ACT
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relating to the creation of the Liberty Hill Municipal Utility |
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District; granting a limited power of eminent domain; providing |
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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 7947A to read as follows: |
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CHAPTER 7947A. LIBERTY HILL MUNICIPAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7947A.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 Liberty Hill Municipal |
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Utility District. |
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Sec. 7947A.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. 7947A.0103. CONFIRMATION AND DIRECTOR 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. 7947A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7947A.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 as required by |
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applicable law. |
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Sec. 7947A.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. 7947A.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. 7947A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 7947A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7947A.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 7947A.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 7947A.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 7947A.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. 7947A.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. 7947A.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. 7947A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 7947A.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. 7947A.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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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7947A.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 |
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7947A.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. 7947A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7947A.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. 7947A.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. 7947A.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. 7947A.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. 7947A.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 Liberty Hill Municipal Utility District |
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initially includes all the territory contained in the following |
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area: |
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BEING ALL OF THAT CERTAIN 223.942 ACRE TRACT OR PARCEL OF LAND OUT |
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OF THE HENRY FIELDS SURVEY, ABSTRACT NUMBER 233, THE JOHN INGRAM |
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SURVEY, ABSTRACT NUMBER 335, AND THE JOSEPH M. GLASSCOCK SURVEY, |
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ABSTRACT NUMBER 254, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID |
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TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS BEING ALL OF THE |
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REMAINDER OF A CALLED 99.57 ACRE TRACT OF LAND (TRACT NO. 2) |
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DESCRIBED IN DOCUMENT NUMBER 199961486 OF THE OFFICIAL PUBLIC |
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RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.TX.), AND CONVEYED |
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TO JSB HOLDINGS, LTD., IN DOCUMENT NUMBER 2002103000 |
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(O.P.R.W.C.TX.), ALL OF A CALLED 126.90 ACRE TRACT OF LAND (TRACT |
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NO. 1) DESCRIBED IN DOCUMENT NUMBER 199961485 (O.P.R.W.C.TX.) AND |
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CONVEYED TO JSB HOLDINGS, LTD., IN SAID DOCUMENT NUMBER 2002103000 |
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(O.P.R.W.C.TX.), AND ALL OF CALLED 7.957 ACRE TRACT OF LAND |
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CONVEYED TO JSB HOLDINGS, LTD., DESCRIBED IN DOCUMENT NUMBER |
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2014076250 (O.P.R.W.C.TX.), SAID 223.942 ACRE TRACT OF LAND MORE |
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FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING, at a calculated point, for a southeast corner of said |
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99.57 acre tract, being a point on the north boundary line of a |
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called 6.829 acre tract of land conveyed to Williamson County, |
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Texas described, in Document Number 2014076251 (O.P.R.W.C.TX.), |
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being the southwest corner of a called 3.854 acre tract land |
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conveyed to Williamson County, Texas, described in Document |
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2018029559 (O.P.R.W.C.TX.), for the southernmost southeastern |
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corner and the POINT OF BEGINNING of the herein described tract, |
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THENCE, with the common boundary line of said 99.57 acre tract, said |
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6.829 acre tract, said 7.957 acre tract and the remainder of a |
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called 1011.979 acre tract of land conveyed to Williamson County, |
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Texas described in Document Number 2008070649 (O.P.R.W.C.TX.), the |
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following five (5) courses and distances, numbered 1 through 5, |
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1. S87°54'56"W, a distance of 86.03 feet to a calculated |
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point at the point of curvature, for a curve to the left, |
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2. with said curve to the left, having a radius of 394.91 |
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feet, an arc length of 273.10 feet, and whose chord bears |
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S68°06'15"W, a distance of 267.69 feet to a calculated point, |
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3. S48°17'34"W, a distance of 257.84 feet to a calculated |
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point, |
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4. S69°27'13"W, a distance of 581.45 feet to a calculated |
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point, and |
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5. S68°34'42"W, a distance of 1,227.75 feet to a calculated |
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point, being the southwest corner of said 7.957 acre tract, and |
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being an interior corner on the east line of said 1011.979 acre |
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tract, for the southwest corner of the herein described tract, |
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THENCE, with the common boundary line of said 7.957 acre tract and |
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said 1011.979 acre tract, the following two (2) courses and |
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distances, numbered 1 and 2, |
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1. N20°44'11"W, a distance of 3,174.64 feet to a calculated |
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point, and |
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2. N09°49'34"E, a distance of 212.61 feet to a calculated |
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point, being the northernmost corner of said 7.957 acre tract, |
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being an eastern corner of said 1011.979 acre tract and being a |
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point on a western boundary line of said 126.90 acre tract, |
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THENCE, with the common boundary line of said 126.90 acre tract and |
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said 1011.979 acre tract, the following seventeen (17) courses and |
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distances, numbered 1 through 17, |
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1. N20°44'11"W, a distance of 173.16 feet to a calculated |
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point, |
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2. N09°26'41"W, a distance of 174.29 feet to a calculated |
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point, |
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3. N30°49'11"W, a distance of 132.71 feet to a calculated |
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point, and to the called centerline of Collier Branch |
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4. N43°55'49"E, a distance of 131.59 feet to a calculated |
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point, |
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5. N17°22'11"W, a distance of 200.92 feet to a calculated |
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point, |
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6. N32°01'49"E, a distance of 112.41 feet to a calculated |
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point, |
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7. N75°08'19"E, a distance of 90.33 feet to a calculated |
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point, |
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8. S19°32'41"E, a distance of 103.93 feet to a calculated |
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point, |
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9. N87°25'19"E, a distance of 194.49 feet to a calculated |
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point, |
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10. S06°27'49"W, a distance of 137.28 feet to a calculated |
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point, |
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11. N79°32'49"E, a distance of 74.00 feet to a calculated |
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point, |
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12. N09°42'19"E, a distance of 131.77 feet to a calculated |
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point, |
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13. N46°22'11"W, a distance of 132.18 feet to a calculated |
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point, |
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14. N47°20'11"W, a distance of 106.72 feet to a calculated |
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point, |
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15. N16°44'19"E, a distance of 14.25 feet to a calculated |
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point, |
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16. S78°05'41"E, a distance of 176.98 feet to a calculated |
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point, and |
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17. N31°38'19"E, a distance of 167.87 feet to a calculated |
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point, being the northernmost corner of said 126.90 acre tract, |
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being a northeastern corner of said 1011.979 acre tract, being a |
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point on a southwestern boundary line of a called 10.028 acre tract |
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of land conveyed to Victoria Lynn Honeycutt described in Document |
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Number 2014004238 (O.P.R.W.C.TX.) and being the called centerline |
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of South San Gabriel River, for the northernmost corner of the |
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herein described tract, |
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THENCE, with the common boundary line of said 126.90 acre tract, |
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said 10.028 acre tract, a called 11.158 acre tract of land conveyed |
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to Frank Donahue described in Volume 642, Page 367 of the Deed |
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Records of Williamson County, Texas (D.R.W.C.TX.), and said |
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centerline of said South San Gabriel River, the following two (2) |
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courses and distances, numbered 1 and 2, |
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1. S57°42'41"E, a distance of 454.52 feet to a calculated |
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point, and |
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2. S69°15'11"E, a distance of 89.76 feet to a calculated |
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point, being a northern corner of said 126.90 acre tract, being the |
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southeast corner of said 11.158 acre tract, being a point on the |
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centerline of said South San Gabriel River, being the southwest |
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corner of a called 12.118 acre tract of land conveyed to Frank |
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Donahue described in Volume 642, Page 379 (D.R.W.C.TX.),and being a |
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western corner of a called 27.284 acre tract of land conveyed to |
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Robert B. Reese described in Volume 997, Page 344 of the Official |
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Records of Williamson County, Texas (O.R.W.C.TX.), |
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THENCE, with the common boundary line of said 126.90 acre tract and |
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said 27.284 acre tract, the following four (4) courses and |
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distances, numbered 1 through 4, |
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1. S17°37'11"E, a distance of 172.69 feet to a calculated |
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point, |
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2. S45°19'41"E, a distance of 353.08 feet to a calculated |
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point, |
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3. N85°42'19"E, a distance of 784.80 feet to a calculated |
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point, and |
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4. N82°09'49"E, a distance of 565.55 feet to a calculated |
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point, being a northeastern corner of said 126.90 acre tract, being |
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the southeast corner of said 27.284 acre tract and being the |
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southwest corner of a called 10.00 acre tract of land conveyed to |
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Action Propane, Inc., described in Volume 1227, Page 650 |
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(O.R.W.C.TX.), |
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THENCE, with the common boundary line of said 126.90 acre tract and |
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said 10.00 acre tract, N73°24'19"E, a distance of 184.21 feet to a |
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calculated point, being a northeastern corner of said 126.90 acre |
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tract, being a point on the southeast boundary line of said 10.00 |
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acre tract and being the northwest corner of Lot 2, Brinson |
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Subdivision, a subdivision recorded in Cabinet DD, Slide 240 of the |
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Plat Records of Williamson County, Texas (P.R.W.C.TX.), |
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THENCE, with the common boundary line of said 126.90 acres and said |
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Lot 2 and County Road 279 (R.O.W. Varies), the following three (3) |
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courses and distances, numbered 1 through 3, |
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1. S16°52'41"E, a distance of 419.42 feet to a calculated |
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point, |
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2. S14°49'41"E, a distance of 269.02 feet to a calculated |
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point, and |
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3. N66°56'19"E, a distance of 518.35 feet to a calculated |
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point, being the northeast corner of said 126.90 acre tract and |
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being a corner on the western right-of-way line of said County Road |
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279, for the northeast corner of the herein described tract, |
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THENCE, with the common boundary line of said 126.90 acre tract, |
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said County Road 279 , S02°11'41"E, a distance of 754.59 feet to a |
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calculated point, being the southeast corner of said 126.90 acre |
|
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tract, being also the northeast corner of said 3.854 acre tract and |
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being a point on a western right-of-way line of said County Road |
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279, |
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THENCE, with the common boundary line of said 126.90 acre tract and |
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said 3.854 acre tract, S69°03'18"W, a distance of 91.58 feet to a |
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calculated point, being a point on a southeastern boundary line of |
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said 126.90 acre tract, being the northwest corner of said 3.854 |
|
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acre tract and being a northeast corner of said 99.57 acre tract, |
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THENCE, with the common boundary line of said 99.57 acre tract and |
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said 3.854 acre tract the following, five (5) courses and |
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distances, numbered 1 through 5, |
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1. S04°18'38"W, a distance of 53.25 feet to a calculated |
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point, |
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2. S01°24'00"E, a distance of 600.84 feet to a calculated |
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point, |
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3. S01°27'45"W,a distance of 200.25 feet to a calculated |
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point, |
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4. S01°24'00"E, a distance of 663.46 feet to a calculated |
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point, and |
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5. S43°16'20"W, a distance of 60.92 feet to the POINT OF |
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BEGINNING and containing 223.942 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 |
|
|
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. |
|
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
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vote of all the members elected to each house, Subchapter C, Chapter |
|
|
7947A, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7947A.0306 to read as |
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follows: |
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Sec. 7947A.0306. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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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. 5357 was passed by the House on May 9, |
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2023, by the following vote: Yeas 108, Nays 34, 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. 5357 was passed by the Senate on May |
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21, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not |
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voting. |
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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 |