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relating to the creation of the Pilot Knob Municipal Utility |
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District No. 5; providing authority to impose a tax and issue bonds. |
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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 8374 to read as follows: |
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CHAPTER 8374. PILOT KNOB MUNICIPAL UTILITY DISTRICT NO. 5 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8374.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Pilot Knob Municipal Utility |
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District No. 5. |
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(5) "Municipality" means a municipality in whose |
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corporate limits or extraterritorial jurisdiction the district is |
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located. |
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Sec. 8374.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8374.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect permanent |
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directors as provided by Section 8374.051 of this code and Section |
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49.102, Water Code. |
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Sec. 8374.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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temporary directors may not hold an election under Section 8374.003 |
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until each municipality has consented by ordinance or resolution to |
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the creation of the district and to the inclusion of land in the |
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district. |
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(b) If a municipality does not consent to the creation of |
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the district or if the district does not enter into an agreement |
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required by the terms of the municipal ordinance or resolution |
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consenting to the creation of the district under this section |
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before September 1, 2012: |
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(1) the district is dissolved September 1, 2012, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to the municipality or another local |
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governmental entity to be used for a public purpose; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2012. |
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Sec. 8374.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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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, or improvement of |
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macadamized, graveled, or paved roads described by Section 54.234, |
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Water Code, or improvements, including storm drainage, in aid of |
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those roads. |
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Sec. 8374.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8374.007-8374.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8374.051. GOVERNING BODY; TERMS. (a) Except as |
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provided by Subsection (b), the district is governed by a board of |
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five elected directors. |
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(b) If required under the terms of the agreement, ordinance, |
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or resolution by which a municipality consents to the creation of |
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the district, the board consists of: |
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(1) four elected directors; and |
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(2) one director appointed by the governing body of |
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the municipality. |
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(c) A director appointed under Subsection (b)(2) is not |
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required to be a qualified voter of the district or to own land |
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subject to taxation in the district. |
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(d) Except as provided by Section 8374.052, directors serve |
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staggered four-year terms. A permanent director may not serve more |
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than two four-year terms. |
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(e) The common law doctrine of incompatibility does not |
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disqualify an official or employee of a municipality from being |
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appointed a director by the governing body of a municipality under |
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Subsection (b)(2), and a director appointed to the board may |
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continue to serve in a public office of or be employed by the |
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municipality. |
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Sec. 8374.052. 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 8374.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8374.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8374.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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[Sections 8374.053-8374.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8374.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8374.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8374.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, and |
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convey to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads described by |
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Section 54.234, Water Code, or improvements, including storm |
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drainage, in aid of those roads. |
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(b) The district may exercise the powers provided by this |
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section without submitting a petition to or obtaining approval from |
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the commission as required by Section 54.234, Water Code. |
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Sec. 8374.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8374.103 |
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unless: |
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(1) each municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project, if a municipality or county will operate and maintain |
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the road; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) Except as provided by Subsection (a), the district is |
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not required to obtain approval from the Texas Transportation |
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Commission to design, acquire, construct, finance, issue bonds for, |
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improve, or convey a road project. |
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Sec. 8374.105. COMPLIANCE WITH AND ENFORCEABILITY OF |
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MUNICIPAL CONSENT AGREEMENT, ORDINANCE, OR RESOLUTION. (a) The |
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district shall comply with all applicable requirements of any |
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ordinance or resolution that is adopted under Section 54.016 or |
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54.0165, Water Code, and that consents to the creation of the |
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district or to the inclusion of land in the district. |
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(b) Any agreement between the district and a municipality |
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related to the municipality's consent to the creation of the |
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district is valid and enforceable. |
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(c) On the issuance of bonds by the district, the district |
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is considered to have waived sovereign immunity to suit by a |
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municipality for the purpose of adjudicating a claim for breach of |
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an agreement described by this section. |
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Sec. 8374.106. CONTRACT TO FURTHER REGIONAL COOPERATION. |
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The district and a municipality may contract on terms that the board |
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and governing body of the municipality agree will further regional |
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cooperation between the district and the municipality. |
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Sec. 8374.107. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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[Sections 8374.108-8374.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8374.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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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 8374.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8374.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8374.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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(c) If required by an agreement between the district and a |
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municipality under Section 8374.105, the total ad valorem tax rate |
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of the district may not be less than the total ad valorem tax rate of |
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the municipality. |
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Sec. 8374.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
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 |
|
provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 8374.154-8374.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8374.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8374.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8374.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
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[Sections 8374.204-8374.250 reserved for expansion] |
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SUBCHAPTER F. STRATEGIC PARTNERSHIP AGREEMENT; MUNICIPAL |
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ANNEXATION AND NOTICE |
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Sec. 8374.251. STRATEGIC PARTNERSHIP; CONTINUATION OF |
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DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may |
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continue to exist as a limited district after full-purpose |
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annexation by a municipality if the district and the annexing |
|
municipality state the terms of the limited district's existence in |
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a strategic partnership agreement under Section 43.0751, Local |
|
Government Code. |
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(b) The strategic partnership agreement may provide for a |
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term of any number of years. The limitation in Section |
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43.0751(g)(2), Local Government Code, on the length of the term |
|
does not apply to a limited district created under this section. |
|
Sec. 8374.252. MUNICIPAL ANNEXATION; NOTICE. (a) Sections |
|
43.0561 and 43.0562, Local Government Code, do not apply to the |
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annexation of the district by a municipality that consents to the |
|
creation of the district under Section 8374.004. |
|
(b) Not later than the 30th day after the date a |
|
municipality adopts a resolution or ordinance consenting to the |
|
creation of the district, the municipality shall file, in the real |
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property records of the county in which the land to be included in |
|
the district is located, a notice to a purchaser of real property in |
|
the district that describes: |
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(1) the municipality's authority and intention to |
|
annex the district; and |
|
(2) the anticipated date of the annexation. |
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(c) After the notice is filed, a person who proposes to sell |
|
or otherwise convey real property in the district must include the |
|
information contained in the municipality's notice in the Notice to |
|
Purchasers required by Section 49.452, Water Code. |
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SECTION 2. The Pilot Knob Municipal Utility District No. 5 |
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initially includes all the territory contained in the following |
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area: 327.482 acres of land described below: |
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A DESCRIPTION OF 339.352 ACRES IN THE SANTIAGO DEL VALLE GRANT IN |
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TRAVIS COUNTY, TEXAS, BEING A PORTION OF A 167.748 ACRE TRACT |
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DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., |
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DATED DECEMBER 13, 2006 AND RECORDED IN DOCUMENT NO. 2006241307 OF |
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THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A |
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98.656 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA |
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ACQUISITION INC., DATED OCTOBER 19, 2006 AND RECORDED IN DOCUMENT |
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NO. 2006204344 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, |
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TEXAS, A PORTION OF A 60.921 ACRE TRACT DESCRIBED IN A SPECIAL |
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WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 12, 2006 AND |
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RECORDED IN DOCUMENT NO. 2006239174 OF THE OFFICIAL PUBLIC RECORDS |
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OF TRAVIS COUNTY, TEXAS, A PORTION OF A 51.942 ACRE TRACT DESCRIBED |
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IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER |
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1, 2006 AND RECORDED IN DOCUMENT NO. 2006233636 OF THE OFFICIAL |
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PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 55.222 ACRE |
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TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION |
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INC., DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO. 2007060712 OF |
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THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A |
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25.119 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA |
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ACQUISITION INC., DATED APRIL 2, 2006 AND RECORDED IN DOCUMENT NO. |
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2007060707 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, |
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A PORTION OF A 7.602 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED |
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TO JONA ACQUISITION INC., DATED APRIL 2, 2006 AND RECORDED IN |
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DOCUMENT NO. 2007060704 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS |
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COUNTY, TEXAS, A PORTION OF A 23.694 ACRE TRACT DESCRIBED IN A |
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SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED APRIL 2, 2006 |
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AND RECORDED IN DOCUMENT NO. 2007060710 OF THE OFFICIAL PUBLIC |
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RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 42.558 ACRE TRACT |
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DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., |
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DATED MAY 16, 2008 AND RECORDED IN DOCUMENT NO. 2008083861 OF THE |
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OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF LOT A, |
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HARRY REININGER SUBDIVISION, A SUBDIVISION OF RECORD IN VOLUME 65, |
|
PAGE 47 OF THE PLAT RECORDS OF TRAVIS COUNTY TEXAS, CONVEYED TO JOHN |
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HALDENSTEIN & RUTH HALDENSTEIN IN WARRANTY DEED WITH VENDOR'S LIEN |
|
DATED SEPTEMBER 29, 2000 AND RECORDED IN DOCUMENT NO. 2000161977 OF |
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THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS, AND A PORTION OF |
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SASSMAN ROAD (RIGHT-OF-WAY WIDTH VARIES); SAID 339.352 ACRE TRACT |
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BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING at a 1/2" rebar with Chaparral cap found in the west |
|
right-of-way line of F.M. 1625 (80' right-of-way width), for the |
|
southeast corner of said 167.748 acre tract, same being in the north |
|
right-of-way line of Sassman Road; |
|
THENCE South 27°11'52" West, crossing Sassman Road with the west |
|
right-of-way line of F.M. 1625, a distance of 70.00 feet to a 1/2" |
|
rebar found in the south right-of-way line of Sassman Road, for the |
|
northeast corner of said 98.656 acre tract; |
|
THENCE continuing with the west right-of-way line of F.M. 1625, |
|
same being the east line of said 98.656 acre tract, the following |
|
two (2) courses and distances: |
|
1. South 27°11'52" West, a distance of 2856.46 feet to a |
|
concrete highway monument found 40 feet right of engineers' |
|
centerline station 115+77; |
|
2. South 27°04'38" West, a distance of 352.96 feet to a |
|
calculated point; |
|
THENCE crossing said 98.656 acre tract, said 60.921 acre tract, |
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said 51.942 acre tract, said 55.222 acre tract, said 25.119 acre |
|
tract, said 7.602 acre tract, said 23.694 acre tract, Sassman Road, |
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said Lot A, said 42.558 acre tract, and said 167.748 acre tract, the |
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following fifteen (15) courses and distances: |
|
1. North 62°55'22" West, a distance of 149.13 feet to a |
|
calculated point; |
|
2. With a curve to the right, having a radius of 1800.01 |
|
feet, a delta angle of 68°24'29", an arc length of 2149.12 |
|
feet, and a chord which bears North 28°43'07" West, a distance |
|
of 2023.72 feet to a calculated point; |
|
3. North 05°29'07" East, a distance of 423.15 feet to a |
|
calculated point; |
|
4. With a curve to the left, having a radius of 1000.01 |
|
feet, a delta angle of 40°36'48", an arc length of 708.84 |
|
feet, and a chord which bears North 14°49'17" West, a distance |
|
of 694.09 feet to a calculated point; |
|
5. North 35°07'41" West, a distance of 344.76 feet to a |
|
calculated point; |
|
6. North 54°52'19" East, a distance of 25.40 feet to a |
|
calculated point; |
|
7. With a curve to the left, having a radius of 500.00 |
|
feet, a delta angle of 96°25'47", an arc length of 841.51 |
|
feet, and a chord which bears North 06°39'26" East, a distance |
|
of 745.65 feet to a calculated point; |
|
8. North 41°33'28" West, a distance of 274.95 feet to a |
|
calculated point; |
|
9. With a curve to the right, having a radius of 580.00 |
|
feet, a delta angle of 69°45'07", an arc length of 706.10 |
|
feet, and a chord which bears North 06°40'54" West, a distance |
|
of 663.29 feet to a calculated point; |
|
10. North 28°11'39" East, a distance of 1597.96 feet to |
|
a calculated point; |
|
11. South 61°48'21" East, a distance of 1135.34 feet to |
|
a calculated point; |
|
12. With a curve to the left, having a radius of 1399.96 |
|
feet, a delta angle of 31°17'38", an arc length of 764.63 |
|
feet, and a chord which bears South 77°27'10" East, a distance |
|
of 755.16 feet to a calculated point; |
|
13. North 86°54'01" East, a distance of 948.14 feet to a |
|
calculated point; |
|
14. With a curve to the right, having a radius of |
|
1399.96 feet, a delta angle of 30°17'26", an arc length of |
|
740.12 feet, and a chord which bears South 77°57'16" East, a |
|
distance of 731.53 feet to a calculated point; |
|
15. South 62°48'33" East, a distance of 209.85 feet to a |
|
calculated point in the west right-of-way line of F.M. 1625, |
|
same being the east line of said 167.748 acre tract; |
|
THENCE with the west right-of-way line of F.M. 1625, same being the |
|
east line of said 167.748 acre tract, the following two (2) courses |
|
and distances: |
|
1. South 27°05'45" West, a distance of 973.90 feet to a |
|
concrete highway monument found 40 feet right of engineers' |
|
centerline station 68+93.3; |
|
2. South 27°19'52" West, a distance of 601.74 feet to a |
|
1/2" rebar with Chaparral cap found for the northeast corner |
|
of a 2.99 acre tract described in a deed to Thomas Edward |
|
McHenry and wife, Angela Jane McHenry, recorded in Document |
|
No. 2005117402 of the Official Public Records of Travis |
|
County, Texas; |
|
THENCE continuing with the east line of said 167.748 acre tract, the |
|
following three (3) courses and distances: |
|
1. North 62°14'19" West, with the north line of said |
|
2.99 acre tract, a distance of 361.02 feet to a 1/2" rebar |
|
found for the northwest corner of said 2.99 acre tract; |
|
2. South 27°25'52" West, with the west line of said 2.99 |
|
acre tract, a distance of 360.78 feet to a 1/2" rebar found |
|
for the southwest corner of said 2.99 acre tract; |
|
3. South 62°14'19" East, with the south line of said |
|
2.99 acre tract, a distance of 361.65 feet to a 1/2" rebar |
|
with Chaparral cap found in the west right-of-way line of |
|
F.M. 1625, for the southeast corner of said 2.99 acre tract; |
|
THENCE with the west right-of-way line of F.M. 1625, same being the |
|
east line of said 167.748 acre tract, the following two (2) courses |
|
and distances: |
|
1. South 27°19'52" West, a distance of 361.72 feet to a |
|
1/2" rebar with Chaparral cap found 40 feet right of |
|
engineers' centerline station 82+17.1; |
|
2. South 27°11'52" West, a distance of 434.71 feet to |
|
the POINT OF BEGINNING, containing 339.352 acres of land, |
|
more or less. |
|
SAVE AND EXCEPT 2.495 ACRES: |
|
BEING ALL OF LOT 1, J. P. COTMAN ADDITION, A SUBDIVISION OF RECORD |
|
IN VOLUME 79, PAGE 60 OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS, |
|
CONVEYED TO JUAN YESCAS AND MARIA R. YESCAS IN A WARRANTY DEED, |
|
DATED DECEMBER 30, 2004 AND RECORDED IN DOCUMENT NO. 2004242191 OF |
|
THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; SAID 2.495 |
|
ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS |
|
FOLLOWS: |
|
BEGINNING at a 1" iron pipe found in the west right-of-way line of |
|
Sassman Road, for the southeast corner of said Lot 1, same being the |
|
east corner of said 7.602 acre tract; |
|
THENCE North 63°13'21" West, with the south line of said Lot 1, same |
|
being the north line of said 7.602 acre tract, a distance of 543.90 |
|
feet to a 1/2" rebar found for the southwest corner of said Lot 1; |
|
THENCE North 26°45'39" East, with the west line of said Lot 1, same |
|
being the east line of said 7.602 acre tract, a distance of 199.86 |
|
feet to a 1/2" rebar found for the northwest corner of said Lot 1, |
|
same being an angle point in the north line of said 7.602 acre |
|
tract, also being in the south line of said 23.694 acre tract; |
|
THENCE South 63°13'21" East, with the north line of said Lot 1, same |
|
being the south line of said 23.694 acre tract, a distance of 543.89 |
|
feet to a 1/2" rebar with Chaparral cap found in the west |
|
right-of-way line of Sassman Road, for the northeast corner of said |
|
Lot 1, same being the southeast corner of said 23.694 acre tract; |
|
THENCE South 26°45'21" West, with the west right-of-way line of |
|
Sassman Road, same being the east line of said Lot 1, a distance of |
|
199.86 feet to the POINT OF BEGINNING, containing 2.495 acres of |
|
land, more or less. |
|
SAVE AND EXCEPT 2.496 ACRES: |
|
BEING ALL OF A 2.50 ACRE TRACT DESCRIBED IN WARRANTY DEED TO MICHAEL |
|
L. APPLEGATE AND HARMONY D. APPLEGATE, DATED NOVEMBER 5, 2003 AND |
|
RECORDED IN DOCUMENT NO. 2003261512 OF THE OFFICIAL PUBLIC RECORDS |
|
OF TRAVIS COUNTY TEXAS; SAID 2.496 ACRE TRACT BEING MORE |
|
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING at a 1/2" rebar found in the north right-of-way line of |
|
Sassman Road, for the southeast corner of said 2.50 acre tract, same |
|
being an angle point in the south line of said 42.558 acre tract; |
|
THENCE North 63°50'26" West, with the north right-of-way line of |
|
Sassman Road, same being the south line of said 2.50 acre tract, a |
|
distance of 363.50 feet to a calculated point for the southwest |
|
corner of said 2.50 acre tract, same being an angle point in the |
|
south line of said 42.558 acre tract; |
|
THENCE with the common line of said 2.50 acre tract and said 42.558 |
|
acre tract, the following three (3) courses and distances: |
|
1. North 26°08'47" East, a distance of 299.42 feet to a |
|
1/2" rebar found for the northwest corner of said 2.50 acre |
|
tract; |
|
2. South 63°51'04" East, a distance of 362.66 feet to a |
|
1/2" rebar found for the northeast corner of said 2.50 acre |
|
tract; |
|
3. South 25°59'08" West, a distance of 299.49 feet to |
|
the POINT OF BEGINNING, containing 2.496 acres of land, more |
|
or less. |
|
SAVE AND EXCEPT 4.178 ACRES: |
|
BEING ALL OF A 3.213 ACRE TRACT DESCRIBED IN A DEED WITH VENDOR'S |
|
LIEN TO MARIO RODRIGUEZ & EMMA RODRIGUEZ, DATED FEBRUARY 4, 1983 AND |
|
RECORDED IN VOLUME 7998, PAGE 656 OF THE DEED RECORDS OF TRAVIS |
|
COUNTY, TEXAS AND ALL OF A 1.00 ACRE TRACT DESCRIBED IN A GENERAL |
|
WARRANTY DEED TO MARIO RODRIGUEZ AND EMMA RODRIGUEZ, DATED MARCH 3, |
|
2005 AND RECORDED IN DOCUMENT NO. 2005046336 OF THE OFFICIAL PUBLIC |
|
RECORDS OF TRAVIS COUNTY, TEXAS; SAID 4.178 ACRE TRACT BEING MORE |
|
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING at a 1/2" rebar found for the southeast corner of said |
|
1.00 acre tract, same being an angle point in the west line of said |
|
167.748 acre tract; |
|
THENCE North 64°32'09" West, with the south line of said 1.00 acre |
|
tract, same being the west line of said 167.748 acre tract, a |
|
distance of 21.19 feet to a 1/2" rebar with Chaparral cap found for |
|
an angle point in the north right-of-way line of Sassman Road, the |
|
south line of said 1.00 acre tract, and the west line of said |
|
167.748 acre tract; |
|
THENCE with the north right-of-way line of Sassman Road, same being |
|
the south line of said 1.00 acre tract and the south line of said |
|
3.213 acre tract, the following two (2) courses and distances: |
|
1. North 55°52'30" West, a distance of 116.23 feet to a |
|
calculated point; |
|
2. North 63°50'26" West, a distance of 281.73 feet to a |
|
1/2" rebar found for the southwest corner of said 3.213 acre |
|
tract, same being an angle point in the south line of said |
|
42.558 acre tract; |
|
THENCE with the north line of said 3.213 acre tract, same being the |
|
south line of said 42.558 acre tract, the following two (2) courses |
|
and distances: |
|
1. North 40°38'03" East, a distance of 528.79 feet to a |
|
1/2" rebar found for the north corner of said 3.213 acre |
|
tract; |
|
2. South 61°13'19" East, a distance of 295.41 feet to a |
|
calculated point for the east corner of said 3.213 acre |
|
tract, same being the southeast corner of said 42.558 acre |
|
tract, also being in the west line of said 167.748 acre tract; |
|
THENCE South 27°11'24" West, with the west line of said 167.748 acre |
|
tract, same being the east line of said 3.213 acre tract and the |
|
east line of said 1.00 acre tract, a distance of 514.44 feet to the |
|
POINT OF BEGINNING, containing 4.178 acres of land, more or less. |
|
SAVE AND EXCEPT 2.701 ACRES: |
|
BEING ALL OF A 2.701 ACRE TRACT DESCRIBED IN A WARRANTY DEED TO |
|
ABACU P. PEREZ, DATED MARCH 19, 2009 AND RECORDED IN DOCUMENT NO. |
|
2009046965 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; |
|
SAID 2.701 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES |
|
AND BOUNDS AS FOLLOWS: |
|
BEGINNING at a 1/2" rebar with Chaparral cap found in the south |
|
right-of-way line of Sassman Road, for the northeast corner of said |
|
2.701 acre tract, same being the northwest corner of said 98.656 |
|
acre tract; |
|
THENCE South 27°05'06" West, with the east line of said 2.701 acre |
|
tract, same being the west line of said 98.656 acre tract, a |
|
distance of 672.44 feet to a 1/2" rebar with Chaparral cap found for |
|
the southeast corner of said 2.701 acre tract, same being an angle |
|
point in the east line of said 51.942 acre tract; |
|
THENCE with the south and west lines of said 2.701 acre tract, same |
|
being the east line of said 51.942 acre tract, the following two (2) |
|
courses and distances: |
|
1. North 62°16'38" West, a distance of 175.00 feet to a |
|
1/2" rebar with Chaparral cap found for the southwest corner |
|
of said 2.701 acre tract; |
|
2. North 27°05'06" East, a distance of 672.44 feet to a |
|
1/2" rebar with Chaparral cap found in the south right-of-way |
|
line of Sassman Road, for the northwest corner of said 2.701 |
|
acre tract, same being the northeast corner of said 51.942 |
|
acre tract; |
|
THENCE South 62°16'38" East, with the south right-of-way line of |
|
Sassman Road, same being the north line of said 2.701 acre tract, a |
|
distance of 175.00 feet to the POINT OF BEGINNING, containing 2.701 |
|
acres of land, more or less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. 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 |
|
Act takes effect September 1, 2011. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 1760 was passed by the House on April |
|
26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 1760 on May 27, 2011, by the following vote: Yeas 143, Nays 1, |
|
2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 1760 was passed by the Senate, with |
|
amendments, on May 25, 2011, by the following vote: Yeas 31, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |