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AN ACT
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relating to the creation of the Cascades Municipal Utility District |
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No. 1; providing authority to issue bonds; providing authority to |
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impose assessments, fees, or taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8477 to read as follows: |
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CHAPTER 8477. CASCADES MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8477.001. 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 Cascades Municipal Utility |
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District No. 1. |
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Sec. 8477.002. 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. 8477.003. 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 49.102, Water Code, and this |
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chapter. |
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Sec. 8477.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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temporary directors may not hold an election under Section 8477.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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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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(b) If a municipality in whose extraterritorial |
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jurisdiction the district is located does not consent to the |
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creation of the district or if the district does not enter into an |
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agreement required by the terms of the municipal ordinance or |
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resolution consenting to the creation of the district under this |
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section before September 1, 2014: |
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(1) the district is dissolved September 1, 2014, |
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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, 2014. |
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Sec. 8477.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8477.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8477.051. 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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elected directors qualified to serve under Section 54.102, Water |
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Code. |
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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 qualified to serve under |
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Section 54.102, Water Code; and |
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(2) one director appointed by the governing body of |
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the municipality who: |
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(A) may be a member or other officer of the |
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governing body or an employee of the municipality; and |
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(B) is not required to be a qualified voter of the |
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district or own land subject to taxation in the district. |
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(c) The common law doctrine of incompatibility does not |
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disqualify a member or other officer of the governing body or |
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employee of the municipality from being appointed a director by the |
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governing body of a municipality under Subsection (b)(2), and a |
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director appointed to the board may continue to serve in a public |
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office of or be employed by the municipality. |
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(d) Except as provided by Section 8477.052, 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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Sec. 8477.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) John R. C. Munn; |
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(2) George Roman; |
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(3) Allen Gallia; |
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(4) Donna Morgan; and |
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(5) Charlotte Vick. |
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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 8477.003; 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 8477.003 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 8477.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8477.101. 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. 8477.102. 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. 8477.103. 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. 8477.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8477.103 |
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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. 8477.105. COMPLIANCE WITH AND ENFORCEABILITY OF |
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MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. (a) The district shall |
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comply with all applicable requirements of any ordinance or |
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resolution that is adopted under Section 54.016 or 54.0165, Water |
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Code, and that consents to the creation of the district or to the |
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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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(d) The district and a municipality may contract on terms |
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that the board and governing body of the municipality agree will |
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further regional cooperation between the district and the |
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municipality. |
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Sec. 8477.106. 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. 8477.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8477.153. |
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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. 8477.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8477.151, 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 8477.105, 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. 8477.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8477.201. 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. 8477.202. 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. 8477.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SUBCHAPTER F. STRATEGIC PARTNERSHIP AGREEMENT; MUNICIPAL |
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ANNEXATION AND NOTICE |
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Sec. 8477.301. 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 |
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municipality state the terms of the limited district's existence in |
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a strategic partnership agreement under Section 43.0751, Local |
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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 |
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does not apply to a limited district created under this section. |
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Sec. 8477.302. MUNICIPAL ANNEXATION; NOTICE. |
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(a) Sections 43.0561 and 43.0562, Local Government Code, do not |
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apply to the annexation of the district by a municipality that |
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consents to the creation of the district under Section 8477.004. |
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(b) Not later than the 30th day after the date a |
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municipality adopts a resolution or ordinance consenting to the |
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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 |
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the district is located, a notice to purchasers of real property in |
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the district that describes: |
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(1) the municipality's authority and intention to |
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annex the district; and |
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(2) the anticipated date of the annexation. |
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(c) After the notice is filed, a person who proposes to sell |
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or otherwise convey real property in the district must include the |
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information contained in the municipality's notice in the Notice to |
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Purchasers required by Section 49.452, Water Code. |
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SECTION 2. The Cascades Municipal Utility District No. 1 |
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initially includes all the territory contained in the following |
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area: |
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135.796 ACRES, OUT OF THE SANTIAGO DEL VALLE GRANT IN TRAVIS COUNTY, |
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TEXAS BEING ALL OF THAT 223.68 ACRES OUT OF THE SANTIAGO DEL VALLE |
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GRANT IN TRAVIS COUNTY, TEXAS AND BEING ALL OF A CALLED 117.188 ACRE |
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TRACT, ALL OF A CALLED 2.273 ACRE TRACT, ALL OF A CALLED 87.884 ACRE |
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TRACT, ALL A OF CALLED 8.17 ACRE TRACT ALL DESCRIBED IN CORRECTION |
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JOINT PARTNERSHIP CONTRIBUTION GENERAL WARRANTY DEED TO ONION |
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ASSOCIATES, LTD RECORDED IN DOCUMENT NO. 2006236625, ALL OF A |
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CALLED 1.9965 ACRE TRACT DESCRIBED IN DOC. NO. 2006146663 ALL OF THE |
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OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND |
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6.038 ACRE TRACT OUT OF LOT 1, ST. ALBIN'S ADDITION A SUBDIVISION OF |
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RECORD IN CABINET 86, SLIDE 88C OF THE PLAT RECORD OF TRAVIS COUNTY; |
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AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS |
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FOLLOWS: |
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BEGINNING at a 1/2" iron rod with cap marked "LANDESIGN" set in the |
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existing east right-of-way line of Interstate Highway 35 (IH 35) |
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(400' right-of-way width), in the west line of said Lot 1 and in the |
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east line of a called 14.771 acre tract described in deed to the |
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State of Texas for right-of-way recorded in Volume 1608, Page 170 of |
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the D.R.T.C.T.; |
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THENCE North 17°32'12" East 1714.84 feet with the west line of said |
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Lot 1, the west line of said 1.9965 acres and the east line of said |
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87.884 acres and the existing east right-of-way line of IH 35 to a |
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calculated point in the center of Onion Creek at the northwest |
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corner of the 87.884 acres and the southwest corner of Lot A, Onion |
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Creek Section 1-B, a subdivision of record in Book 79, Page 313 of |
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the Plat Records of Travis County, Texas; |
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THENCE South 75°57'21" East 450.62 feet with the centerline of Onion |
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Creek, the north line of the 87.884 acres, the south line of said |
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Lot A, and the south line of Lot B, Onion Creek Section 1-C, a |
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subdivision of record in Book 79, Page 311 of the Plat Records of |
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Travis County, Texas to a calculated point; |
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THENCE South 77°12'21" East 334.57 feet with the centerline of Onion |
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Creek, the north line of the 87.884 acres, the south line of said |
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Lot B, the south line of Lot C, Onion Creek Section 1-D, a |
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subdivision of record in Book 79, Page 309 of the Plat Records of |
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Travis County, Texas, and the south line of a remainder of a called |
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960 acre tract described in deed to Onion Creek Development Company |
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recorded in Volume 9111, Page 262 of the D.R.T.C.T. to a calculated |
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point; |
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THENCE with the centerline of Onion Creek, the north line of the |
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87.884 acres, and the south line of said remainder of 960 acres the |
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following eight (8) courses: |
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1. South 59°56'55" East 220.25 feet to a calculated point; |
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2. South 75°15'28" East 402.24 feet to a calculated point; |
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3. South 79°40'28" East 357.17 feet to a calculated point; |
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4. South 42°47'28" East 114.70 feet to a calculated point; |
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5. South 60°30'58" East 308.12 feet to a calculated point; |
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6. South 03°38'28" East 131.00 feet to a calculated point; |
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7. South 27°58'28" East 206.00 feet to a calculated point; |
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8. South 56°44'22" East 249.40 feet to a calculated point at |
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the northeast corner of the 87.884 acres and the northwest corner of |
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said 117.188 acres; |
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THENCE with the centerline of Onion Creek, the north line of the |
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117.188 acres, and the south line of said remainder of 960 acres the |
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following four (4) courses: |
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1. South 61°45'03" East 450.70 feet to a calculated point; |
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2. South 53°04'03" East 251.84 feet to a calculated point; |
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3. South 45°15'03" East 186.54 feet to a calculated point; |
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4. South 65°01'55 East 50.33 feet to a calculated point at |
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the northeast corner of the 117.188 acres and the northwest corner |
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of a called 64 acre tract described as First Tract in deed to |
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Richard D. Spillman recorded in Volume 6287, Page 218 of the |
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D.R.T.C.T.; |
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THENCE South 27°48'54" West, passing a capped iron rod stamped "RPLS |
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4091" at 58.94 feet and continuing a total distance of 838.63 feet |
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with the east line of the 117.188 acres and the west line of the 64 |
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acres to a to a 1/2" iron rod found; |
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THENCE South 27°33'39" West 498.18 feet continuing with the east |
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line of the 117.188 acres and the west line of the 64 acres to a 7/8" |
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iron rod found at the southwest corner of the 64 acres; |
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THENCE South 74°32'31" East 1128.82 feet with the north line of the |
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117.188 acres and the south line of the 64 acres to a 5/8" iron rod |
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found at the northwest corner of a called 24.60 acre tract described |
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in said deed to Richard D. Spillman recorded in Volume 6287, Page |
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218 of the D.R.T.C.T.; |
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THENCE South 27°34'11" West 2048.99 feet with the east line of the |
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117.188 acres and the west line of the 24.60 acres to a 1/2" iron rod |
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found at the southeast corner of the 117.188 acres, the southwest |
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corner of the 24.60 acres, and in the north line of a called 30 acre |
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tract described as part of the Fifth Tract in said deed to Richard |
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D. Spillman recorded in Volume 6287, Page 218 of the D.R.T.C.T.; |
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THENCE North 62°29'14" West 1103.84 feet with the south line of the |
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117.188 acres and the north line of the 30 acres to a 1/2" iron rod |
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found at the northwest corner of the 30 acres and the northeast |
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corner of a called 30.5 acre tract described as part of the Fifth |
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Tract in said deed to Richard D. Spillman recorded in Volume 6287, |
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Page 218 of the D.R.T.C.T.; |
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THENCE North 65°21'21" West 458.13 feet with the south line of the |
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117.188 acres and the north line of the 30.5 acres to a 1/2" iron rod |
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found; |
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THENCE North 65°40'34" West 449.66 feet continuing with the south |
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line of the 117.188 acres and the north line of the 30.5 acres to a |
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1/2" iron rod with cap stamped "LANDESIGN" found at the southwest |
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corner of the 117.188 acres and the southeast corner of a called 27 |
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acre tract described as part of the Fifth Tract in said deed to |
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Richard D. Spillman recorded in Volume 6287, Page 218 of the |
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D.R.T.C.T.; |
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THENCE North 27°19'41" East 1665.86 feet with the west line of the |
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117.188 acres and the east line of the 27 acres to a 60-d found in a |
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hackberry tree; |
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THENCE North 27°22'02" East 188.61 feet with the west line of the |
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117.188 acres and the east line of the 27 acres to a 1/2" iron rod |
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found; |
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THENCE North 25°45'46" East 233.22 feet continuing with the west |
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line of the 117.188 acres and the east line of the 27 acres to a 1/2" |
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iron rod found at the southwest corner of the 87.884 acres and the |
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northeast corner of a the 27 acres; |
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THENCE North 74°02'03" West 712.31 feet with the south line of the |
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87.884 acres and the north line of the 27 acres to a 1/2" iron rod |
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with cap stamped "LANDESIGN" set; |
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THENCE North 73°53'51" West 10.10 feet with the south line of the |
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87.884 acres and the north line of the 27 acres to a 1/2" iron rod |
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with cap stamped "LANDESIGN" set at the northwest corner of the 27 |
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acres and the northeast corner of the said 2.273 acres; |
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THENCE with the east line of the 2.273 acres and the west line of the |
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27 acres the following three (3) courses: |
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1. South 41°45'45" West 8.27 feet to a 1/2" iron rod with cap |
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marked "LANDESIGN" set; |
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2. South 81°26'45" West 95.67 feet to a 1/2" iron rod with |
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cap marked "LANDESIGN" set; |
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3. South 02°46'45" West 125.27 feet to a 1/2" iron rod found |
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at the southeast corner of the 2.273 acres and the northeast corner |
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of a called 8.17 acre tract described in deed to Onion Associates, |
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LTD recorded in Document No. 2006236625 of the O.P.R.T.C.T.; |
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THENCE with the east line of said 8.17 acre tract, the west line of |
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said 27 acres and with the center of ravine the following seven (7) |
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courses: |
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1. South 02°45'21" West a distance of 183.65 feet to a 1/2 |
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inch iron rebar with cap marked "LANDESIGN" set; |
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2. South 30°23'21" West a distance of 196.83 feet to a 1/2 |
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inch iron rebar with cap marked "LANDESIGN" set; |
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3. South 54°24'14" West a distance of 69.90 feet to a 1/2 |
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inch iron rebar with cap marked "LANDESIGN" set; |
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4. South 19°24'02 West a distance of 23.32 feet to a 1/2 inch |
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iron rebar with cap marked "LANDESIGN" set; |
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5. South 38°57'02" East a distance of 47.93 feet to a 1/2 |
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inch iron rebar with cap marked "LANDESIGN" set; |
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6. South 16°41'39" West a distance of 57.49 feet to a 1/2 |
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inch iron rebar with cap marked "LANDESIGN" set; |
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7. South 35°10'00" West a distance of 61.07 feet to a 1/2 |
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inch iron rebar found for the southeast corner of said 8.17 acre |
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tract and the northeast corner of a called 58.3885 acre tract |
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described as Tract 1 conveyed to South IH 35 Investors, LP. of |
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record in Document No. 2006214573 of the Official Public Records of |
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Travis County Texas; |
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THENCE North 66°56'45" West with the south line of said 8.17 acre |
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tract and the north line of said Tract 1 passing the southeast |
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corner of said Tract 1 and the southwest corner of said Lot 1 at |
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580.62 feet a continuing a total distance of 866.80 feet to a 1/2" |
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iron rod with cap marked "LANDESIGN" set; |
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THENCE crossing through said Lot 1 the following two (2) courses: |
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1. North 17°51'38" East a distance of 576.13 feet to a 1/2" |
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iron rod with cap marked "LANDESIGN" set; |
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2. North 73°51'44" West a distance of 725.16 feet to the |
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POINT OF BEGINNING. |
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SAVE LESS AND EXCEPT THE 87.884 ACRE TRACT OR PARCEL THEREOF |
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DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING at a 1/2" iron pin found at the Southeast corner of said |
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26.00 acre tract, being in the West line of that certain 117.20 acre |
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tract of land described in Volume 12150, Page 1255 of the Real |
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Property Records of Travis County, Texas, for the Southeast corner |
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and PLACE OF BEGINNING hereof; |
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THENCE along the South line of said 26.00 acre tract, N 71°11'45" W |
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for a distance of 712.31 feet to a 1/2 inch capped iron pin set at |
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the Northeast corner of that certain 2.2272 acre tract of land |
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described in Volume 9261, Page 714 of the Real Property Records of |
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Travis County, Texas; |
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THENCE along the North line of said 2.2272 acre tract, N 71°03'33" W |
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for a distance of 173.66 feet to a 1/2 inch iron pin found and N |
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67°01'32" W for a distance of 678.95 feet to a 1/2 inch iron pin |
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found at the Northwest corner of said 2.2272 acre tract, being in |
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the South line of said 63.45 acre tract; |
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THENCE along the South line of said 63.45 acre tract, N 33°32'38" W |
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for a distance of 145.29 feet to a 1/2 inch iron pin found at N |
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71°03'16" W for a distance of 698.93 feet to a 1/2 inch capped iron |
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pin set at the Southwest corner of said 63.45 acre tract, being on |
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the East r.o.w line of Interstate Hwy. No. 35, for the Southwest |
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corner hereof; |
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THENCE along the West line of said 63.45 acre tract, being along the |
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East r.o.w. line of Interstate Hwy. No. 35, N 20°25'54" E for a |
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distance of 1499.77 to an "X" found cut in rock in the approximate |
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centerline of Onion Creek, being at the Northwest corner of said |
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63.45 acre tract, being at the Southwest corner of Onion Creek |
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Section 1-B, a subdivision recorded in Plat Book 79, Page 313 of the |
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Plat Records of Travis County, Texas, for the Northwest corner |
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hereof; |
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THENCE along the North lines of said 63.45 acre tract and 26.00 acre |
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tract, being along the approximate centerline of Onion Creek for |
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the following courses: |
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1. S 73°04'00" E for a distance of 450.65 feet to an angle |
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point |
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2. S 74°19'00" E for a distance of 334.57 feet to an angle |
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point |
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3. S 57°11'00" E for a distance of 216.95 feet to an angle |
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point |
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4. S 72°26'00" E for a distance of 402.24 feet to an angle |
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point |
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5. S 76°51'00" E for a distance of 357.17 feet to an angle |
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point |
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6. S 39°52'00" E for a distance of 114.70 feet to an angle |
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point |
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7. S 57°41'30" E for a distance of 308.12 feet to an angle |
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point |
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8. S 00°49'00" E for a distance of 131.00 feet to an angle |
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point |
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9. S 25°09'00" E for a distance of 206.00 feet to an angle |
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point |
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10. S 53°57'45" E for a distance of 249.20 feet to the |
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Northeast corner of said 26.00 acre tract, being at the Northwest |
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corner of said 117.20 acre tract, for the Northeast corner hereof; |
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THENCE along the East line of said 26.00 acre tract, being along the |
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West line of said 117.20 acre tract for the following courses: |
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1. S 35°25'22" W for a distance of 55.37 feet to a 1/2 inch |
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iron pin found |
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2. S 29°42'53" W for a distance of 874.40 feet to a 1/2 inch |
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iron pin found |
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3. S 30°58'12" W for a distance of 281.26 feet to the PLACE OF |
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BEGINNING and containing 87.884 acres of land, more or less. |
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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 immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1867 passed the Senate on |
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May 8, 2013, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1867 passed the House on |
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May 22, 2013, by the following vote: Yeas 147, Nays 1, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |