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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Lajitas Utility District No. 1 of |
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Brewster County; providing authority to impose taxes and issue |
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bonds; granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle X, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 11002 to read as follows: |
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CHAPTER 11002. LAJITAS UTILITY DISTRICT NO. 1 OF BREWSTER COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 11002.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Lajitas Utility District No. |
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1 of Brewster County. |
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Sec. 11002.002. NATURE OF DISTRICT. The district is a |
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utility district with combined powers created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 11002.003. 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 five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 11002.004. 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) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) 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; |
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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; and |
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(3) Section 52-a, Article III, Texas Constitution, |
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that relate to the development and diversification of the economy |
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of this state and other purposes of that section. |
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(d) The creation of the district is in the public interest |
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and essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and commerce. |
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(e) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty. |
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(f) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(g) The district is not an agent or instrumentality of a |
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private interest even though the district will benefit private |
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interests as well as the public. |
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Sec. 11002.005. 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 creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating 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 11002.006-11002.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 11002.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 11002.052, directors |
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serve staggered four-year terms. |
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Sec. 11002.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Brent Ratliff; |
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(2) George Kutch; |
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(3) John Nolan; |
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(4) Renee Lorenz; and |
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(5) H. C. Ross. |
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(b) If a temporary director fails to qualify for office, the |
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temporary directors who have qualified shall appoint a person to |
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fill the vacancy. |
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(c) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 11002.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(d) If permanent directors have not been elected under |
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Section 11002.003 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 (e) 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 11002.003; 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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(e) If Subsection (d) 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 Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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[Sections 11002.053-11002.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 11002.101. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 11002.102. 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. 11002.103. IMPROVEMENT PROJECTS AND SERVICES. Except |
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as provided by Section 11002.113, the district may provide |
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improvement projects and services in the same manner as a municipal |
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management district under Section 375.112, Local Government Code. |
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Sec. 11002.104. 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 Texas Commission on Environmental Quality as required by |
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Section 54.234, Water Code. |
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(c) The district, at the district's expense, shall repair |
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and maintain any internal streets and roads in the district. |
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Brewster County has no obligation to repair or maintain the |
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internal streets and roads in the district, even on dissolution of |
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the district. |
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Sec. 11002.105. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 11002.104 |
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unless: |
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(1) each county that will operate and maintain the |
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road has approved the plans and specifications of the road project, |
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if a county will operate and maintain 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. 11002.106. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 11002.107. LIMITATION ON USE OF EMINENT DOMAIN. (a) |
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The district may not exercise the power of eminent domain outside |
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the district to acquire a site or easement for: |
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(1) a road project authorized by Section 11002.104; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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(b) If the district's exercise of its eminent domain power |
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requires relocating, raising, lowering, rerouting, or altering the |
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construction of any electric transmission or electric distribution |
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line, conduit, pole, or facility, the district must bear the actual |
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cost of relocating, raising, lowering, rerouting, or altering the |
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construction of any electric transmission or electric distribution |
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line to provide a comparable replacement without enhancing the |
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facility, after deducting from the cost the net salvage value |
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derived from the old facility. |
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Sec. 11002.108. ELECTRIC POWER FACILITIES. The district |
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may construct or acquire electric power generating, transmission, |
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and distribution facilities and improvements in aid of these |
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facilities. |
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Sec. 11002.109. AIRPORT. The district may construct, |
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acquire, improve, maintain, and operate an airport and improvements |
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in aid of the airport. |
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Sec. 11002.110. EXERCISE OF POWERS OF DEVELOPMENT |
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CORPORATION. The district may exercise the powers of a corporation |
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created under the Development Corporation Act (Subtitle C1, Title |
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12, Local Government Code). |
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Sec. 11002.111. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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11002.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 11002.003. |
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(i) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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Sec. 11002.112. GROUNDWATER REGULATION. Section 36.121, |
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Water Code, does not apply to a groundwater well owned or used by |
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the district within the boundaries of the Brewster County |
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Groundwater Conservation District. The rules of the Brewster |
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County Groundwater Conservation District govern a groundwater well |
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owned or used by the district within the Brewster County |
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Groundwater Conservation District. |
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Sec. 11002.113. RETAIL ELECTRIC UTILITY SERVICES |
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PROHIBITED. The district may not provide retail electric utility |
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services, including transmission and distribution services, to |
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residential, retail, commercial, industrial, or other customers |
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inside or outside the district. |
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[Sections 11002.114-11002.150 reserved for expansion] |
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SUBCHAPTER D. TRANSFER OF PUBLIC IMPROVEMENTS |
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Sec. 11002.151. DEFINITION. In this subchapter, "receiving |
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entity" means the entity that holds a certificate of convenience |
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and necessity issued by the Public Utility Commission of Texas for |
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the territory included in the district. |
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Sec. 11002.152. TRANSFER OF CERTAIN IMPROVEMENTS REQUIRED. |
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Subject to Section 11002.155, the district shall transfer |
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improvements described by Section 11002.108 in accordance with this |
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section on the later of: |
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(1) the date that the district acquires or completes |
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the improvement; or |
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(2) the date the receiving entity approves the |
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transfer. |
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Sec. 11002.153. CONSTRUCTION STANDARDS. A public |
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improvement transferred under this subchapter must be constructed |
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in compliance with: |
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(1) the requirements and specifications established |
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by the receiving entity on or before the date that construction of |
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the improvement begins; and |
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(2) any tariffs for the electric utility or |
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cooperative that is the receiving entity. |
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Sec. 11002.154. PARTIAL TRANSFER IN STAGES. The district |
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may transfer part of an improvement under this subchapter if the |
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district completes construction of the improvement in stages. |
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Sec. 11002.155. TRANSFER WITHOUT DEBT REQUIRED. The |
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district shall convey all improvements that it is required to |
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transfer under this subchapter without debt or other encumbrance. |
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Sec. 11002.156. OWNERSHIP AND RESPONSIBILITY AFTER |
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TRANSFER. (a) After a transfer under this subchapter, the |
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receiving entity owns the improvement and has sole jurisdiction and |
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control over the improvement. On acceptance of the transfer, the |
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receiving entity is responsible for all maintenance of the |
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improvement, and the district is not responsible for the |
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improvement or its maintenance. |
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(b) This section does not affect any authority of the |
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receiving entity to alter, relocate, close, or discontinue |
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maintenance of an improvement. |
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Sec. 11002.157. EFFECT OF CONVEYANCE ON DISTRICT DEBT. |
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Conveyance of a public improvement to a receiving entity under this |
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subchapter does not affect: |
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(1) the sole responsibility of the district to pay in |
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full the principal of and interest and any premium on any |
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outstanding district bonds or other debt; or |
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(2) the district's responsibility to perform the |
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obligations provided by an order or resolution authorizing bonds or |
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other debt. |
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[Sections 11002.158-11002.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 11002.201. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 11002.203. |
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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. 11002.202. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 11002.201, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 11002.203. 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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Sec. 11002.204. SALES AND USE TAX. (a) The district may |
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impose a sales and use tax if authorized by a majority of the voters |
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of the district voting at an election called for that purpose. |
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Revenue from the tax may be used for any purpose for which ad |
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valorem tax revenue of the district may be used. |
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(b) The district may not adopt a sales and use tax if as a |
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result of the adoption of the tax the combined rate of all sales and |
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use taxes imposed by the district and other political subdivisions |
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of this state having territory in the district would exceed two |
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percent at any location in the district. |
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(c) If the voters of the district approve the adoption of a |
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sales and use tax at an election held on the same election date on |
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which another political subdivision adopts a sales and use tax or |
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approves an increase in the rate of its sales and use tax and as a |
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result the combined rate of all sales and use taxes imposed by the |
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district and other political subdivisions of this state having |
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territory in the district would exceed two percent at any location |
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in the district, the election to adopt a sales and use tax under |
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this chapter has no effect. |
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(d) Chapter 321, Tax Code, applies to the imposition, |
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computation, administration, enforcement, and collection of the |
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sales and use tax imposed by this section except to the extent it is |
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inconsistent with this chapter. |
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(e) The district may not impose a sales and use tax at a rate |
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that would cause the rate of the total sales and use taxes collected |
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by all municipalities and other political subdivisions at a |
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location in the district to exceed the maximum rate allowed by law. |
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If a political subdivision's increase to a sales and use tax rate |
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causes the total sales and use tax rate imposed at a location in the |
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district to exceed the maximum rate allowed by law, the district's |
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sales and use tax rate is automatically reduced to bring the total |
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rate imposed at that location down to a rate allowed by law. |
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Sec. 11002.205. ASSESSMENTS; MUNICIPAL MANAGEMENT DISTRICT |
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POWERS. Except as provided by Section 11002.206, the district may |
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levy and collect special assessments in the same manner and for the |
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same purposes as a municipal management district as provided in |
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Subchapter F, Chapter 375, Local Government Code. |
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Sec. 11002.206. ELECTRIC UTILITY PROPERTY EXEMPT FROM |
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IMPACT FEES AND ASSESSMENTS. The district may not impose an impact |
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fee or assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of an electric |
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cooperative as defined by Section 161.002, Utilities Code. |
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[Sections 11002.207-11002.250 reserved for expansion] |
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SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS |
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Sec. 11002.251. 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, sales and use taxes, other |
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district money, or any combination of those sources to pay for any |
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authorized district purpose. |
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Sec. 11002.252. TAXES FOR BONDS. (a) At the time the |
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district issues bonds payable wholly or partly from ad valorem |
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taxes, the board shall provide for the annual imposition of an ad |
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valorem tax, without limit as to rate or amount, as required by |
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Section 54.601, Water Code. |
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(b) The board shall annually impose the tax while all or |
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part of the bonds are outstanding. Sections 54.601 and 54.602, |
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Water Code, govern the amount and rate of the tax. |
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Sec. 11002.253. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Lajitas Utility District No. 1 of Brewster |
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County initially includes all the territory contained in the |
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following area: |
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FIELD NOTE DESCRIPTION |
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Being a 29,662.453 acre tract of land located in and a part of Block |
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341, T.C. Ry. Co. Surveys, Block G-12, G.C. & S.F. Ry. Co. Surveys, |
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Block G-5, M.K. & Te. Ry. Co. Surveys, and Block 17, G.H. & S.A. Ry. |
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Co. Surveys in Brewster County, Texas and being described as the |
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portion of land north and south of the center line of FM Highway 170 |
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less Save and Except portions described. The property description |
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is as follows: |
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Property described as being located north of FM Highway 170 |
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Tract 1 |
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Being parts of the following Surveys: |
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T. C. Ry. Co. Surveys, Block 341 |
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G. C. & S.F. Ry. Co. Surveys, Block G-12 |
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M. K. & TE. Ry. Co. Surveys, Block G-5 |
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Beginning at a rock mound found for the northeast corner of Section |
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73 and the northwest corner of Section 72, Block 341, T. C. Ry. Co. |
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Surveys common with the northeast corner of Section 59, the |
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northwest corner of Section 60, Block G-12, G. C. & SF Ry. Co. |
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Surveys in Brewster County, Texas this being the Place of Beginning |
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of this survey description of property located north of the center |
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line of FM Highway 170; |
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THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north |
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section line of said Section 73 to a rock mound located at the |
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northwest corner of said Section 73 common to the northeast corner |
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of Section 84, Block 341; |
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THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north |
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section line of said Section 84 a rock mound located at the |
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northwest corner of said Section 84, common to the northeast corner |
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of Section 85, Block 341; |
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THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north |
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section line of said Section 85 to a rock mound located at the |
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northeast corner of Section 96,common with the southeast corner of |
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Section 56 Block 341; |
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THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet along the east |
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section line of said Section 56 to a rock mound located at the |
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northeast corner of said Section 56, common with the northwest |
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corner of Section 57, and the southwest corner of Section 44, Block |
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12; |
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THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north |
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section line of said Section 56 to a rock mound located at the |
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northwest corner of said Section 56, common the northeast corner of |
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Section 55, Block 341; |
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THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet along the east |
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section line of said Section 48 to a rock mound located at the |
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southeast corner of said Section 47; common with the northeast |
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corner of Section 48, and the southwest corner of Section 46, Block |
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341; |
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THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet along the east |
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section line of said Section 47 to a rock mound located at the |
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northeast corner of said Section 47; common with the southeast |
|
corner of Section 103, and the northwest corner of Section 46, Block |
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341 |
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THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet along the east |
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section line of said Section 103 to a rock mound located at the |
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northeast corner of said Section 103; common with the southeast |
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corner of Section 102, Block G-5; |
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THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north |
|
section line of said Section 103 to a rock mound located at the |
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southeast corner of Section 105; |
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THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet along the east |
|
section line of said Section 105 to a rock mound located at the |
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northeast corner of Section 105; common with the northwest corner |
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of Section 102 , Block G-5; |
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THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the north |
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section line of said Section 105 to a rock mound located at the |
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northwest corner of said Section 105, common with the northeast |
|
corner of Section 106; |
|
THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west |
|
section line of said Section 105 and the east line of Section 106 to |
|
a rock mound located at the southwest corner of said Section 105; |
|
THENCE N 89˚ 38' 51" E, a distance of 5,277.8 feet along the south |
|
section line of said Section 105 to a rock mound located at the |
|
southeast corner of said Section 105, common with the northwest |
|
corner of Section 103, Block G-5; |
|
THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west |
|
section line of said Section 103 to a rock mound located at the |
|
northwest corner of said Section 47, common with the southwest |
|
corner of Section 103, Block G-5; |
|
THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west |
|
section line of said Section 47 to a rock mound located at the |
|
northwest corner of said Section 48; |
|
THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west |
|
section line of said Section 48 to a rock mound located at the |
|
northwest corner of said Section 55, common with the southeast |
|
corner of Section 49, Block G-12, |
|
THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west |
|
section line of said Section 55 from a rock mound located at the |
|
northwest corner of said Section 55, common with the southwest |
|
corner of Section 48, Block G-12, from which face of bluff bears S |
|
70˚ W and the south point of rim bears N 84˚ 30' W; |
|
THENCE N 89˚ 38' 51" E, a distance of 5,277.8 feet along the south |
|
section line of said Section 55 to a rock mound located at the |
|
southwest corner of said Section 56, common with the northwest |
|
corner of Section 96, Block 341; |
|
THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west |
|
section line of said Section 96 to a rock mound located at the |
|
northeast corner of said Section 98, common with the northwest |
|
corner of Section 95, Block 341, common with the southwest corner of |
|
Section 96, Block 341, from which Emory Peak bears S 80˚ 45' E; |
|
THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the west |
|
section line of said Section 95 to a rock mound located at the |
|
southeast corner of Section 98; |
|
THENCE S 89˚ 38' 51" W, a distance of 5,277.8 feet along the south |
|
section line of said Section 98 to a rock mound located at the |
|
southwest corner of said Section 98; |
|
THENCE N 00˚ 21' 09" W, a distance of 5,277.8 feet (called 1,900 |
|
varas) along the east section lines of Section 100 and Section 101 |
|
to a rock mound located at the northwest corner of said Section 98; |
|
THENCE S 89˚ 38' 51" W, a distance of 4,333.4 feet along the north |
|
section line of said Section 101 to a rock mound located on the east |
|
line Section 36; |
|
THENCE N 00˚ 21' 09" W, a distance of 1,466.7 feet along the east |
|
section line of said Section 36 to a rock mound found at the |
|
northeast corner of said Section 36; |
|
THENCE S 89˚ 38' 51" W (called East), a distance of 2,852.75 feet |
|
along the north section line of said Section 36 to a rock mound |
|
located at the northwest corner of said Section 36; |
|
THENCE S 00˚ 21' 09" E (called North), a distance of 50.6 feet, more |
|
or less, along the west section line of said Section 36 to a rock |
|
mound located at the northeast corner of said Section 35, |
|
continuing 9304.42 feet, to the north right-of-way line of FM |
|
Highway 170; |
|
THENCE S 00˚ 21' 09" E (called North), a distance of 60.0 feet, more |
|
or less, along the west section line of said Section 36 to the |
|
center line of said of FM Highway 170; |
|
THENCE along the established center line as follows; |
|
THENCE N 86˚ 22' 12" E, a distance of 669.91 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the left having a center line central |
|
angle of 10˚ 10' 58" Left, a Radius of 1,909.86 feet; |
|
THENCE around the said curve to the left, a distance of 339.43 feet, |
|
to a point of tangent; |
|
THENCE N 76˚ 11' 14" E, a distance of 203.77 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the right having a center line |
|
central angle of 62˚ 55' 00" Right, a Radius of 818.51 feet; |
|
THENCE around the said curve to the right, a distance of 898.81 |
|
feet, to a point of tangent; |
|
THENCE S 40˚ 53' 46"E, a distance of 1,564.13 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to a point |
|
located on the Section line between Sections 36 and 37, and |
|
continuing on a distance of 72.2 feet to the beginning of a curve to |
|
the left, having a center line central angle of 50˚ 46' 37.1" left, |
|
a R = 954.93 feet; |
|
THENCE around the said curve to the left, a distance of 846.28 feet, |
|
to a point of tangent; |
|
THENCE N 88˚ 19' 38" E, a distance of 747.91 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the left having a center line central |
|
angle of 33˚ 39 ' 17" left , a R = 1,909.86 feet; |
|
THENCE around the said curve to the left, a distance of 670.43 feet, |
|
to a point located on the Section line between Sections 37 and 100, |
|
and continuing on a distance of 451.4 feet to a point of tangent for |
|
a total distance of 1,121.82 feet; |
|
THENCE N 54˚ 40' 21"E, a distance of 2,677.46 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to a point |
|
located on the Section line between Sections 100 and 99, and |
|
continuing on a distance of 3,073.0 feet to the beginning of a curve |
|
to the right, having a center line central angle of 44˚ 08' |
|
21"'right, a R = 1,273.24 feet; and this Easement is described an |
|
recorded in Volume 133 Page 435 of the Brewster County Deed Records; |
|
THENCE around the said curve to the right, a distance of 980.87 |
|
feet, to a point of tangent; |
|
THENCE S 81˚ 11' 18" E, a distance of 672.9 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the left having a center line central |
|
angle of 43˚ 21' 04" left , a R = 818.51 feet; |
|
THENCE around the said curve to the left, a distance of 419.60 feet, |
|
to a point located on the Section line between Sections 99 and 94, |
|
and continuing on a distance of 199.7 feet to a point of tangent, |
|
for a total distance of 619.30 feet and this Easement is described |
|
an recorded in Volume 133 Page 436 of the Brewster County Deed |
|
Records; |
|
THENCE N 55˚ 27' 38" E, a distance of 82.6 feet along the center line |
|
of the right-of-way line of F. M. Highway 170 to a point located on |
|
the Section line between Sections 94 and 95, and continuing on a |
|
distance of 5,266.18 feet for a total distance of 5,348.78 feet to |
|
the beginning of a curve to the right, having a center line central |
|
angle of 25˚ 53' 28" right, a R = 1,432.39 feet; |
|
THENCE around the said curve to the right, a distance of 647.28 |
|
feet, to a point of tangent; |
|
THENCE N 81˚ 21' 07" E, a distance of 267.0 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to a point |
|
located on the Section line between Sections 95 and 86, and |
|
continuing on a distance of 995.5 feet for a total distance of |
|
1,262.50 feet to the beginning of a curve to the right, having a |
|
center line central angle of 61˚ 36' 30" right, a R = 881.47 feet; |
|
THENCE around the said curve to the right, a distance of 947.81 |
|
feet, to a point of tangent; |
|
THENCE S 37˚ 02' 23" E, a distance of 1,119.4 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the left having a center line central |
|
angle of 56˚ 48' 15.5" left , a R = 1,145.92 feet; |
|
THENCE around the said curve to the left, a distance of 1,136.09 |
|
feet, to a point of tangent; |
|
THENCE N 86˚ 09'20" E, a distance of 1,899.44 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to the beginning |
|
of a curve to the left, having a center line central angle of 11˚ 33' |
|
03" left, a R = 5,729.58 feet and this Easement is described an |
|
recorded in Volume 133 Page 437 of the Brewster County Deed Records; |
|
THENCE around the said curve to the left, a distance of 1,155.09 |
|
feet, to a point of tangent; |
|
THENCE N 74˚ 36' 16" E, a distance of 1,512.63 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the left having a center line central |
|
angle of 16˚ 44' 07" left , a R = 2,864.79 feet; |
|
THENCE around the said curve to the left, a distance of 836.76 feet, |
|
to a point of tangent; |
|
THENCE N 57˚ 52' 10 " E, a distance of 807.2 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the left having a center line central |
|
angle of 04˚ 00' 03" left , a R = 11,459.16 feet; |
|
THENCE around the said curve to the left, a distance of 800.17 feet, |
|
to a point of tangent; |
|
THENCE N 61˚ 52' 13" E, a distance of 807.2 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to a point |
|
located on the Section line between Sections 83 and 74, , and this |
|
Easement is described an recorded in Volume 4 Page 166 of the |
|
Brewster County Deed Records, and continuing on a distance of |
|
2,714.68 feet a point located on the Section line between Sections |
|
74 and 73, and continuing on a distance of 20.1 feet for a total |
|
distance of 3,541.98 feet to the beginning of a curve to the left, |
|
having a center line central angle of 26˚ 39' 57" left, a R = |
|
1,637.02 feet; and this Easement is described an recorded in Volume |
|
133 Page 438 of the Brewster County Deed Records; |
|
THENCE around the said curve to the left, a distance of 761.88 feet, |
|
to a point of tangent; |
|
THENCE N 35˚ 12' 16" E, a distance of 538.0 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the right having a center line |
|
central angle of 27˚ 06' 51" right, a R = 1,909.86 feet ; |
|
THENCE around the said curve to the right, a distance of 903.81 |
|
feet, to a point of tangent; |
|
THENCE N 62˚ 19' 07" E, a distance of 264.68 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the left having a center line central |
|
angle of 13˚ 50' 09" Left, a R = 2,864.79; |
|
THENCE around the said curve to the left, a distance of 691.79 feet, |
|
to a point of tangent; |
|
THENCE N 48˚ 28' 59" E, a distance of 417.93 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to a point |
|
located on the Section line between Sections 73 and 72; |
|
THENCE N 02˚ 35' 58" W (called North), a distance of 3471.04 feet, |
|
more or less, along the east line of said Section 73 to a rock mound, |
|
this being the Place of Beginning of this survey description of |
|
property located north of the centerline of FM Highway 170; The land |
|
area contained within this description is 9,419.589 acres, more or |
|
less, including a sixty (60.0) foot wide (one half of a 120.0 foot |
|
wide right-of-way) strip of land along the north half of FM Highway |
|
170. |
|
End of description |
|
Save and Except: |
|
Mesa Vista, a subdivision in Lajitas, being 31.89 acres out of |
|
Survey 37, Block 341, T.C. Ry. Co. Survey, Brewster County, Texas, |
|
as same appears in Plat Envelope No. 193 in the Plat Records of |
|
Brewster County, Texas. |
|
Riverview, a subdivision in Lajitas, being 13.564 acres of land out |
|
of Sections 36 and 37, Block 341, T.C. Ry. Co. Survey, Brewster |
|
County, Texas, as same appears in Plat Envelope No. 170 in the Plat |
|
Records of Brewster County, Texas. |
|
From Survey 84, Block 341, T.C. Ry. Co., Brewster County, Texas: |
|
N/2 of the SE/4, being 80 acres; |
|
NW/4, being 160 acres; |
|
S/2 of the SW/4, being 80 acres; and |
|
NE/4, being 160 acres. |
|
From Survey 99, Block 341, T.C. Ry. Co., Brewster County, Texas: |
|
A 99.2 acre tract of land conveyed in Volume 226, Page 329 of |
|
the Official Public Records of Brewster County, Texas. |
|
A 3.98 acre tract of land conveyed in Volume 220, Page 705 of |
|
the Official Public Records of Brewster County, Texas. |
|
Property described as being located south of FM Highway 170 |
|
Tract 2 |
|
Being parts of the following Surveys: |
|
T. C. Ry. Co. Surveys, Block 341 |
|
G. H. & S.A. Ry. Co. Surveys, Block 17 |
|
Commencing at a rock mound found for the northeast corner of Section |
|
73 and the northwest corner of Section 72, Block 341, T. C. Ry. Co. |
|
Surveys common with the southeast corner of Section 59, the |
|
northwest corner of Section 60, Block G-12, G. C. & SF Ry. Co. |
|
Surveys in Brewster County, Texas; |
|
THENCE S 02˚ 35' 58" E (called South), a distance of 3471.04 feet |
|
along the east section line of said Section 73 to iron rod located |
|
on the south right-of-way line of F M Highway 170 on the section |
|
line between Section 72 and Section 73 Block 341, T. C. Ry. Co. |
|
Surveys in Brewster County, Texas, this being the Place of |
|
Beginning; |
|
THENCE S 00˚ 48' 31" W, a distance of 2,452.63 feet along the said |
|
east line of said Section 73 and the west line of Section 72 to a |
|
rock mound located at the southeast corner of said Section 73 common |
|
to the southwest corner of said Section 72 and the northwest corner |
|
of Section 64 Block 341; |
|
THENCE N 89˚ 38' 51" E , a distance of 5,277.8 feet along the north |
|
section line of said Section 64 to a rock mound located at the |
|
northeast corner of said Section 64 common to the northwest corner |
|
of said Section 65 and the southwest corner of Section 71 Block 341; |
|
THENCE N 00˚ 21' 00" W, a distance of 5,277.8 feet along the west |
|
section line of said Section 71 to a rock mound located at the |
|
northeast corner of said Section 72 common to the northwest corner |
|
of said Section 71 and the southwest corner of Section 70 Block 341 |
|
and the southeast corner of Section 60 Block G-12; |
|
THENCE N 00˚ 21' 09" W, a distance of 2,370.18 feet along the west |
|
section line of said Section 70 and the east section line of Section |
|
60 to a iron rod located on the south right-of-way line of F M |
|
Highway 170, described being 120 feet in total width with the south |
|
right-of-way line located 60 feet from the center line of the road, |
|
and this Easement is described and recorded in Volume 133 Page 438 |
|
of the Brewster County Deed Records; |
|
THENCE N 64˚ 13' 04" E, a distance of 869.0 feet along the south |
|
right-of-way line of F. M. Highway 170 to an iron rod set by Walker; |
|
THENCE S 16˚ 33' 44" E, a distance of 444.09 feet to an iron rod set |
|
by Walker; |
|
THENCE S 36˚ 44' 19" E, a distance of 348.44 feet to an iron rod set |
|
by Walker; |
|
THENCE S 08˚ 07' 25" E, a distance of 679.25 feet to an iron rod set |
|
by Walker; |
|
THENCE S 14˚33'44" E, a distance of 450.31 feet to an iron rod set by |
|
Walker; |
|
THENCE S 37˚45'10" E, a distance of 1062.05 feet to an iron rod set |
|
by Walker; |
|
THENCE S 33˚32'06" E, a distance of 411.20 feet, more or less, to an |
|
iron rod set by Walker; |
|
THENCE N 89˚ 38' 51" E, a distance of 3,102.64 feet along the north |
|
section line of said Section 71 a rock mound located at the |
|
northeast corner of said Section 71, common to the northwest corner |
|
of said Section 68 Block 341; |
|
THENCE S 00˚ 21' 09" E, a distance of 5,277.8 feet along the east |
|
section line of said Section 71 to a rock mound located at the |
|
southeast corner of said Section 71 common to the northwest corner |
|
of said Section 67 Block 341; |
|
THENCE N 89˚ 38' 51" E, a distance of 5,277.8 feet, more or less, |
|
along the north section line of said Section 67 to a rock mound |
|
located at the northeast corner of said Section 67 on the west |
|
section line of Section 299 Block G-12; |
|
THENCE S 00˚ 21' 09" E, a distance of 2030.12 feet, more or less, |
|
along the east section line of said Section 67 to a rock mound |
|
located at the southeast corner of said Section 67 common to the |
|
west section line of Section 299 Block G-12 and the north section |
|
line of Section 34 Block 17; |
|
THENCE N 40˚ 00' E, a distance of 949.86 feet, more or less, along |
|
the north section line of said Section 34 Block 17 to a rock mound |
|
located at the northeast corner of Section 34 and the southwest |
|
corner of Section 35 Block 17; |
|
THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along |
|
the east section line of said Section 34 Block 17 to a rock mound |
|
located at the northern most corner of Section 33 and the western |
|
most corner of Section 36 Block 17; |
|
THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along |
|
the east section line of said Section 33 Block 17 to a rock mound |
|
located at the northern most corner of Section 32 and the western |
|
most corner of Section 37 Block 17; |
|
THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along |
|
the east section line of said Section 32 Block 17 to a rock mound |
|
located at the northern most corner of Section 31 and the western |
|
most corner of Section 38 Block 17; |
|
THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along |
|
the east section line of said Section 31 Block 17 to a rock mound |
|
located at the eastern most corner of Section 31 and the western |
|
most corner of Section 39 Block 17; |
|
THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along |
|
the south section line of said Section 31 Block 17 to a rock mound |
|
located at the northern most corner of |
|
Section 25 and the western most corner of Section 30 Block 17; |
|
THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along |
|
the east section line of said Section 25 Block 17 to a rock mound |
|
located at the eastern most corner of Section 25 and the western |
|
most corner of Section 29 Block 17, being a point on the boundary |
|
line of the Big Bend National Park; |
|
THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along |
|
the south section line of said Section 25 Block 17 to a rock mound |
|
located at the southern most corner of Section 25 and the western |
|
most corner of Section 26 Block 17, being a point on the boundary |
|
line of the Big Bend National Park; |
|
THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along |
|
the west section line of said Section 25 Block 17 along the boundary |
|
line of the Big Bend National Park; |
|
to a rock mound located at the western most corner of Section |
|
25 and the southern most corner of Section 24 Block 17; |
|
THENCE N 40˚ 00' E, a distance of 5,277.8 feet, more or less, along |
|
the north section line of said Section 25 Block 17 to a rock mound |
|
located at the northern most corner of Section 25 and the southern |
|
most corner of Section 31 Block 17; |
|
THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along |
|
the west section line of said Section 31 Block 17 to a rock mound |
|
located at the eastern most corner of Section 23 and the southern |
|
most corner of Section 32 Block 17; |
|
THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along |
|
the south section line of said Section 23 Block 17 to a rock mound |
|
located at the southern most corner of Section 23 and the northern |
|
most corner of Section 17 Block 17; |
|
THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along |
|
the east section line of said Section 17 Block 17 to a rock mound |
|
located at the eastern most corner of Section 17 and the northern |
|
most corner of Section 16 Block 17, being a point on the boundary |
|
line of the Big Bend National Park; |
|
THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along |
|
the south section line of said Section 17 Block 17 along the |
|
boundary line of the Big Bend National Park to a rock mound located |
|
at the southern most corner of Section 17 and the western most |
|
corner of Section 16 Block 17; |
|
THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along |
|
the west section line of said Section 17 Block 17 along the boundary |
|
line of the Big Bend National Park to a rock mound located at the |
|
western most corner of Section 17 and the eastern most corner of |
|
Section 9 Block 17; |
|
THENCE N 40˚ 00' E, a distance of 5,277.8 feet, more or less, along |
|
the north section line of said Section 17 Block 17 to a rock mound |
|
located at the northern most corner of Section 17 and the southern |
|
most corner of Section 23 Block 17; |
|
THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along |
|
the west section line of said Section 23 Block 17 to a rock mound |
|
located at the western most corner of Section 23 and the southern |
|
most corner of Section 22 Block 17; |
|
THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along |
|
the south section line of said Section 19 Block 17 to a rock mound |
|
located at the southern most corner of Section 19 and the northern |
|
most corner of Section 9 Block 17; |
|
THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along |
|
the east section line of said Section 9 Block 17 to a rock mound |
|
located at the eastern most corner of Section 9 and the northern |
|
most corner of Section 10 Block 17, being a point on the boundary |
|
line of the Big Bend National Park; |
|
THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along |
|
the south section line of said Section 9 Block 17 along the boundary |
|
line of the Big Bend National Park to a rock mound located at the |
|
southern most corner of Section 9 and the western most corner of |
|
Section 9 Block 17; |
|
THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along |
|
the west section line of said Section 9 Block 17 along the boundary |
|
line of the Big Bend National Park to a rock mound located at the |
|
western most corner of Section 9 and the eastern most corner of |
|
Section 5 Block 17; |
|
THENCE N 40˚ 00' E, a distance of 5,277.8 feet, more or less, along |
|
the north section line of said Section 9 Block 17 to a rock mound |
|
located at the northern most corner of Section 9 and the southern |
|
most corner of Section 19 Block 17; |
|
THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along |
|
the west section line of said Section 19 Block 17 to a rock mound |
|
located at the western most corner of Section 19 and the eastern |
|
most corner of Section 8 Block 17; |
|
THENCE N 40˚ 00' E, a distance of 5,277.8 feet, more or less, along |
|
the north section line of said Section 19 Block 17 to a rock mound |
|
located at the northern most corner of Section 19 and the southern |
|
most corner of Section 21 Block 17; |
|
THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along |
|
the west section line of said Section 21 Block 17 to a rock mound |
|
located at the western most corner of Section 21 and the northern |
|
most corner of Section 20 Block 17, this point being on the common |
|
line with Section 66 Block 341; |
|
THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along |
|
the north section line of said Section 20 Block 17 and the |
|
southeasterly line of said Section 66 to a rock mound at the |
|
northern most corner of Section 7 Block 17; |
|
THENCE S 50˚ 00' E, a distance of 5,277.8 feet, more or less, along |
|
the east section line of said Section 7 Block 17 to a rock mound |
|
located at the eastern most corner of Section 7 and the northern |
|
most corner of Section 8 Block 17 |
|
THENCE S 40˚ 00' W, a distance of 5,277.8 feet, more or less, along |
|
the south section line of said Section 7 Block 17 to a rock mound |
|
located at the southern most corner of Section 7 and the eastern |
|
most corner of Section 6 Block 17 , being a point on the boundary |
|
line of the Big Bend National Park; |
|
THENCE N 50˚ 00' W, a distance of 5,277.8 feet, more or less, along |
|
the west section line of said Section 7 Block 17 along the boundary |
|
line of the Big Bend National Park to a rock mound located at the |
|
western most corner of Section 7 and the eastern most corner of |
|
Section 6 Block 17, being a point on the southeast line of Section |
|
61 Block 341; |
|
THENCE N 40˚ 00' E, a distance of 3220.54 feet, more or less, along |
|
the north section line of said Section 7 Block 17 and the southeast |
|
section line of Section 62 Block 341 to a rock mound located at the |
|
northeasterly most corner of Section 61 Block 341 being a point on |
|
the boundary line of the Big Bend National Park; |
|
THENCE N 88˚ 51' 19" W, a distance of 5241.31 feet along the section |
|
line between said Section 61 and Section 62 being the boundary line |
|
of the Big Bend National Park to a rock mound located at the |
|
southwest most corner of Section 62 on the east line of Section 76 |
|
Block 341; |
|
THENCE S 01˚ 11' 14" W, a distance of 675.0 feet along the east line |
|
of said Section 76 being the boundary line of the Big Bend National |
|
Park to a rock mound located at the southeast most corner of Section |
|
76 on the north line of Section 61 Block 341; |
|
THENCE N 88˚ 46' 26" W, a distance of 5,277.8 feet along the south |
|
section line of Section 76 between said Section 61 and 78 being the |
|
boundary line of the Big Bend National Park to a rock mound located |
|
at the southwest most corner of Section 76 on the east line of |
|
Section 81 Block 341; |
|
THENCE N 88˚ 46' 26" W, a distance of 5,277.8 feet along the south |
|
section line of Section 81 between said Section 60 being the |
|
boundary line of the Big Bend National Park to a rock mound located |
|
at the southwest most corner of Section 81 on the east line of |
|
Section 88 Block 341; |
|
THENCE N 88˚ 46' 26" W, a distance of 5,277.8 feet along the south |
|
section line of Section 88 between said Section 89 being the |
|
boundary line of the Big Bend National |
|
Park to a rock mound located at the southwest most corner of Section |
|
88 on the east line of Section 93 Block 341; |
|
THENCE N 88˚ 46' 26" W, a distance of 4,922.13 feet along the south |
|
section line of Section 93 between said Section 41 being the |
|
boundary line of the Big Bend National Park to a rock mound located |
|
at the southwest most corner of Section 93 on the east line of |
|
Section 41 Block 341; |
|
THENCE N 00˚ 49' 07" E, a distance of 2169.02 feet, more or less, |
|
along the west section line of Section 93 located between said |
|
Section 41 being the boundary line of the Big Bend National Park to |
|
a rock mound located at the southeast most corner of Section 92 on |
|
the east line of Section 41 Block 341; |
|
THENCE N 88˚ 46' 26" W, a distance of 2,333.43 feet, more or less, |
|
along the south section line of Section 92 Block 341 and the north |
|
line of Section 41, being the boundary line of the Big Bend National |
|
Park, to a rock mound located at the northwest most corner of |
|
Section 41; |
|
THENCE S 01˚ 03' 46" W, a distance of 350.0 feet, more or less, along |
|
the west section line of Section 41 and the offset east line of |
|
Section 92, being the boundary line of the Big Bend National Park, |
|
to a rock mound located on the south line of Section 92; |
|
THENCE N 88˚ 46' 09" W, a distance of 2,334.41 feet, more or less, |
|
along the south section line of Section 92 Block 341 and the north |
|
line of Section 48, being the boundary line of the Big Bend National |
|
Park, to a rock mound and concrete marker located at the southwest |
|
most corner of Section 92; |
|
THENCE N 00˚ 32' 00" E, a distance of 1,911.67 feet along the |
|
section line between said Section 92 and Section 49, being the |
|
boundary line of the Big Bend National Park, to a rock mound and |
|
concrete marker located at the southeast most corner of Section 100 |
|
Block 341 at the northeast corner of Section 49; |
|
THENCE N 89˚ 27' 27" W, a distance of 2,634.23 feet, more or less, |
|
along the south section line of Section 100 Block 341 and the north |
|
line of Section 39, being the boundary line of the Big Bend National |
|
Park, to a rock mound and concrete marker located at the northwest |
|
most corner of Section 39 and the southwest corner of Section 100; |
|
THENCE S 01˚ 16' 12" W, a distance of 4660.88 feet, more or less, |
|
along the west section line of Section 39 , being the boundary line |
|
of the Big Bend National Park, to a rock mound located on the south |
|
line of Section 37 and being the northeast corner of Section 38 |
|
Block 341; |
|
THENCE N 88˚ 43' 49" W, a distance of 4359.52 feet, more or less, |
|
along the south section line of Section 37 Block 341 and the north |
|
line of Section 38, being the boundary |
|
line of the Big Bend National Park, to a rock mound and located at |
|
the meanders of the Rio Grande at the southwest most corner of said |
|
Section 37 and the northwest most corner of Section 38; |
|
THENCE along the east meandering line of the bank of the Rio Grande, |
|
as identified in the year of April 2007, described as follows: |
|
N 20˚ 07' 30" E, a distance of 284.06 feet |
|
S 87˚ 27' 30" E, a distance of 877.59 feet |
|
N 25˚ 19' 25" E, a distance of 219.65 feet |
|
N 11˚ 41' 28" E, a distance of 511.26 feet |
|
N 23˚ 23' 39" E, a distance of 510.57 feet |
|
N 19˚ 19' 32" E, a distance of 645.17 feet |
|
N 02˚ 03' 28" E, a distance of 270.32 feet |
|
N 20˚ 01' 04" E, a distance of 337.82 feet |
|
N 38˚ 01' 14" E, a distance of 827.59 feet |
|
N 38˚ 19' 39" W, a distance of 754.08 feet |
|
N 07˚ 15' 04" W, a distance of 1,333.57 feet |
|
N 23˚ 27' 17" W, a distance of 926.79 feet |
|
N 23˚ 27' 17" W, a distance of 115.86 feet |
|
N 17˚ 48' 38" W, a distance of 580.31 feet |
|
N 11˚ 49' 17" W, a distance of 461.28 feet |
|
N 23˚ 38' 37" W, a distance of 802.90 feet |
|
N 05˚ 44' 52" W, a distance of 99.91 feet to the beginning of a |
|
curve to the left with a central angle of 77˚ 38' 50" having a cord |
|
bearing of N 44˚ 34' 17" W with a cord length of 681.47 feet a radius |
|
of 543.50 feet and continuing along the bank of the Rio Grande |
|
N 83˚ 23' 43" W, a distance of 222.82 feet |
|
S 84˚ 41' 58" W, a distance of 732.79 feet to a point on the |
|
west section line of Section 36 Block 341; |
|
THENCE N 00˚ 21' 09" W, a distance of 94.84 feet , more or less, to a |
|
point on the center line of the right-of-way line of F M Highway |
|
170, and this Easement is described an recorded in Volume 133 Page |
|
460 - 461 of the Brewster County Deed Records; |
|
THENCE along the said center line of the right-of-way line of F M |
|
Highway 170 described as follows: |
|
THENCE N 86˚ 22' 12" E, a distance of 669.91 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the left having a center line central |
|
angle of 10˚ 10' 58.5" Left, a Radius of 1,909.86 feet; |
|
THENCE around the said curve to the left, a distance of 339.43 feet, |
|
to a point of tangent; |
|
THENCE N 76˚ 11' 14" E, a distance of 203.77 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the right having a center line |
|
central angle of 62˚ 55' 00" Right , a Radius of 818.51 feet; |
|
THENCE around the said curve to the right, a distance of 898.81 |
|
feet, to a point of tangent; |
|
THENCE S 40˚ 53' 46"E, a distance of 1,564.13 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to a point |
|
located on the Section line between Sections 36 and 37, and |
|
continuing on a distance of 72.2 feet to the beginning of a curve to |
|
the left, having a center line central angle of 50˚ 46' 37" left, a R |
|
= 954.93 feet; |
|
THENCE around the said curve to the left, a distance of 846.28 feet, |
|
to a point of tangent; |
|
THENCE N 88˚ 19' 38" E, a distance of 747.91 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the left having a center line central |
|
angle of 33˚ 39 ' 17" left , a R = 1,909.86 feet; |
|
THENCE around the said curve to the left, a distance of 670.43 feet, |
|
to a point located on the Section line between Sections 37 and 100, |
|
and continuing on a distance of 451.4 feet to a point of tangent for |
|
a total distance of 1,121.82 feet; |
|
THENCE N 54˚ 40' 21"E, a distance of 2,677.46 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to a point |
|
located on the Section line between Sections 100 and 99, and |
|
continuing on a distance of 3,073.0 feet to the beginning of a curve |
|
to the right, having a center line central angle of 44˚ 08' |
|
21"right, a R = 1,273.24 feet; and this Easement is described and |
|
recorded in Volume 133 Page 435 of the Brewster County Deed Records; |
|
THENCE around the said curve to the right, a distance of 980.87 |
|
feet, to a point of tangent; |
|
THENCE S 81˚ 11' 18" E, a distance of 672.9 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the left having a center line central |
|
angle of 43˚ 21' 04" left , a R = 818.51 feet; |
|
THENCE around the said curve to the left, a distance of 419.60 feet, |
|
to a point located on the Section line between Sections 99 and 94, |
|
and continuing on a distance of 199.7 feet to a point of tangent, |
|
for a total distance of 619.30 feet and this Easement is described |
|
an recorded in Volume 133 Page 436 of the Brewster County Deed |
|
Records; |
|
THENCE N 55˚ 27' 38" E, a distance of 82.6 feet along the center line |
|
of the right-of-way line of F. M. Highway 170 to a point located on |
|
the Section line between Sections 94 and 95, and continuing on a |
|
distance of 5,266.18 feet for a total distance of 5348.78 feet to |
|
the beginning of a curve to the right, having a center line central |
|
angle of 25˚ 53' 28" right, a R = 1,432.39 feet; |
|
THENCE around the said curve to the right, a distance of 647.28 |
|
feet, to a point of tangent; |
|
THENCE N 81˚ 21' 06" E, a distance of 267.0 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to a point |
|
located on the Section line between Sections 95 and 86, and |
|
continuing on a distance of 995.5 feet for a total distance of |
|
1,262.50 feet to the beginning of a curve to the right, having a |
|
center line central angle of 61˚ 36' 30" right, a R = 881.47 feet; |
|
THENCE around the said curve to the right, a distance of 947.82 |
|
feet, to a point of tangent; |
|
THENCE S 37˚ 02' 24" E, a distance of 1,119.4 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the left having a center line central |
|
angle of 56˚ 48' 16" left , a R = 1,145.92 feet; |
|
THENCE around the said curve to the left, a distance of 1,136.09 |
|
feet, to a point of tangent; |
|
THENCE N 86˚ 09'20" E, a distance of 1899.44 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to the beginning |
|
of a curve to the left, having a center line central angle of 11˚ 33' |
|
03" left, a R = 5,729.58 feet and this Easement is described an |
|
recorded in Volume 133 Page 437 of the Brewster County Deed Records; |
|
THENCE around the said curve to the left, a distance of 1,155.08 |
|
feet, to a point of tangent; |
|
THENCE N 74˚ 36' 17" E, a distance of 1,512.63 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the left having a center line central |
|
angle of 16˚ 44' 07" left , a R = 2,864.79 feet; |
|
THENCE around the said curve to the left, a distance of 836.76 feet, |
|
to a point of tangent; |
|
THENCE N 57˚ 52' 10 " E, a distance of 807.2 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the left having a center line central |
|
angle of 04˚ 00' 03" left , a R = 11,459.16 feet; |
|
THENCE around the said curve to the left, a distance of 800.17 feet, |
|
to a point of tangent; |
|
THENCE N 61˚ 52' 13" E, a distance of 807.2 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to a point |
|
located on the Section line between Sections 83 and 74, , and this |
|
Easement is described an recorded in Volume 4 Page 166 of the |
|
Brewster County Deed Records, and continuing on a distance of |
|
2,714.68 feet a point located on the Section line between Sections |
|
74 and 73, and continuing on a distance of 20.1 feet for a total |
|
distance of 3,541.98 feet to the beginning of a curve to the left, |
|
having a center line central angle of 26˚ 39' 56.7" left, a R = |
|
1,637.02 feet; and this Easement is described an recorded in Volume |
|
133 Page 438 of the Brewster County Deed Records; |
|
THENCE around the said curve to the left, a distance of 761.88 feet, |
|
to a point of tangent; |
|
THENCE N 35˚ 12' 16" E, a distance of 538.0 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the right having a center line |
|
central angle of 27˚ 06' 51" right, a R = 1,909.86 feet ; |
|
THENCE around the said curve to the right, a distance of 903.81 |
|
feet, to a point of tangent; |
|
THENCE N 62˚ 19' 08" E, a distance of 264.68 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to point located |
|
at the beginning of a curve to the left having a center line central |
|
angle of 13˚ 50' 09.2" Left, a R = 2,864.79; |
|
THENCE around the said curve to the left, a distance of 691.79 feet, |
|
to a point of tangent; |
|
THENCE N 48˚ 28' 59" E, a distance of 417.93 feet along the center |
|
line of the right-of-way line of F. M. Highway 170 to a point |
|
located on the Section line between Sections 73 and 72, this being |
|
the Place of Beginning of this survey description of property |
|
located south of the centerline of FM Highway 170. The land area |
|
contained within this description is 20,242.864 acres, more or |
|
less, including a sixty (60.0) foot wide (one half of a 120.0 foot |
|
wide right-of-way) strip of land along the south half of FM Highway |
|
170. |
|
End of description |
|
Save and Except: |
|
Comanche Hills, a subdivision of 30.505 acres of land out of Survey |
|
37 and Tract 2, Survey 100, Block 341, T.C. Ry. Co. Surveys, in |
|
Lajitas, Brewster County, Texas, as same appears in Plat Envelope |
|
No. 186 in the Plat Records of Brewster County, Texas. |
|
Comanche Mesa, a subdivision of 71.092 acres of land out of Sections |
|
99,100, & MC-1, Block 341 of the T.C. Ry. Co. Survey, in Lajitas, |
|
Brewster County, Texas, as same appears in Plat Envelope No. 171 in |
|
the Plat Records of Brewster County, Texas. |
|
All of the San Carlos Condominiums, a Condominium Regime, being |
|
called a 0.8743 acre tract of land and a 0.1296 acre tract of land |
|
recorded in Volume 1, Page 1 and amended in Volume 1, Page 71 et seq. |
|
and Volume 1, Page 83 et seq., of the Condominium Records of |
|
Brewster County, Texas. |
|
All of the Lajitas-Boardwalk Condominiums, a Condominium Regime, |
|
being a 1.018 acre tract of land out Block 341, T.C. Ry. Co. Survey |
|
37, in Brewster County, Texas, as same appears in Plat Envelope No. |
|
288B in the Plat Records of Brewster County, Texas. |
|
All of Sections 7, 9, 17, 19, 21, 22, 23, 25, 31, 32, 33 and 34, |
|
Block 17, G.H. & S.A. Ry. Co., Brewster County, Texas, being 7,680 |
|
acres in all, more or less. |
|
From Section 62, Block 341, Abstract 7717, T.C. Ry. Co., Brewster |
|
County, Texas: |
|
S/2, being 414.35 acres. |
|
From Section 65, Block 341, T.C. Ry. Co., Brewster County, Texas: |
|
SE/4 of the SW/4, being 40 acres; |
|
NE/4 of the SE/4, being 40 acres; |
|
N/2 of the NE/4, being 80 acres; and |
|
NW/4, being 160 acres. |
|
From Section 67, Block 341, T.C. Ry. Co., Brewster County, Texas: |
|
23.13 acres conveyed in Volume 249, Page 555 of the Deed |
|
Records of Brewster County, Texas; |
|
NW/4, being 160 acres; |
|
NE/4, being 160 acres; |
|
NW/4 of the SW/4, being 40 acres; and |
|
NW/4 of the SE/4, being 40 acres. |
|
A 76.06 acre tract of land south of FM Highway 170 in Section 73, |
|
Block 341, T.C. Ry. Co., Brewster County, Texas, conveyed in Volume |
|
123, Page 367 of the Deed Records of Brewster County, Texas. |
|
The E/2 of the SE/4 of Section 76, Block 341, T.C. Ry. Co., Brewster |
|
County, Texas, being 80 acres in all, more or less. |
|
From Section 82, Block 341, T.C. Ry. Co., Brewster County, Texas: |
|
A 13.82 acre tract of land conveyed in Volume 258, Page 757 of |
|
the Deed Records of Brewster County, Texas; and |
|
A 14.07 acre tract of land conveyed in Volume 16, Page 4 of |
|
the Official Public Records of Brewster County, Texas. |
|
All of Section 88, Block 341, T.C. Ry. Co., Brewster County, Texas, |
|
being 640 acres in all, more or less. |
|
From Section 99, Block 341, T.C. Ry. Co., Brewster County, Texas: |
|
A 89.6 acre tract of land conveyed in Volume 6, Page 432 of |
|
the Official Public Records of Brewster County, Texas. |
|
From Section 100, Block 341, T.C. Ry. Co., Brewster County, Texas: |
|
A 1.233 acre tract of land conveyed in Volume 226, Page 223 of |
|
the Deed Records of Brewster County, Texas, described therein |
|
as a 0.965 acre tract of land. |
|
A 1.40 acre tract of land conveyed in Volume 68, Page 36 of |
|
the Official Public Records of Brewster County, Texas, as |
|
more particularly described below: |
|
Metes and bounds description of a |
|
1.40 acre tract of land out of Survey 100 |
|
(Tract 2) described in Vol. 9, p. 179, |
|
Corrected Field Note Records, and depicted |
|
on a plat filed in Vol. 9, P. 189, Corrected |
|
Field Note Records, Block 341, T.C. Ry. Co. |
|
Surveys, Brewster County, Texas and being |
|
more particularly described as follows: |
|
BEGINNING at a 1/2" iron rod and |
|
cap marked "WALKER 4425" set for the |
|
Northwest corner of this tract, from which a |
|
National Park monument in a fence corner |
|
found in the East line of Survey 37 for the |
|
Northwest corner of Survey 39 and the |
|
Southwest corner of Survey 100, said Block |
|
341, bears South 26 deg. 08'49" West 1605.64 |
|
feet; |
|
THENCE North 31 deg. 35'00" East |
|
294.86 feet to a 1/2" iron rod and cap |
|
marked "WALKER 4425" set for the Northeast |
|
corner of this tract; |
|
THENCE South 31 deg 36'10" East |
|
53.20 feet to a 1/2" iron rod and cap marked |
|
"WALKER 4425" set; |
|
THENCE South 8 deg. 50'02" West, |
|
57.00 feet to a 1/2" iron rod and cap marked |
|
"WALKER 4425" set; |
|
THENCE South 18 deg. 35'24" East |
|
122.12 feet to a 1/2" iron rod and cap |
|
marked "WALKER 4425" set; |
|
THENCE South 78 deg. 42'12" East |
|
246.26 feet to a 1/2" iron rod and cap |
|
marked "WALKER 4425" set for the Southeast |
|
corner of this tract; |
|
THENCE South 38 deg. 29'05" West |
|
206.20 feet to a 1/2" iron rod and cap |
|
marked "WALKER 4425" set for the Southwest |
|
corner of this tract; |
|
THENCE North 32 deg. 25'55" West |
|
69.47 feet to a 1/2" iron rod and cap marked |
|
"WALKER 4425" set; |
|
THENCE North 59 deg. 34'57" West |
|
159.83 feet to a 1/2" iron rod and cap |
|
marked "WALKER 4425" set; |
|
THENCE North 76 deg. 26'32" West |
|
154.83 feet to the point of beginning. |
|
Bearings and distances are based |
|
on the Texas Coordinate System, South |
|
Central Zone NAD 1927. |
|
All of the Rio Vista Subdivision, as shown in Volume 114, Page 317 |
|
of the Official Public Records of Brewster County and as more |
|
particularly described below: |
|
Metes and bounds description of a |
|
1.06 Acre tract of land, out of Survey 36, |
|
Block 341, T.C. Ry.Co. Surveys, Brewster |
|
County, Texas, said 1.06 acre tract being |
|
more particularly described as follows: |
|
BEGINNING at a point for corner |
|
at the Northeast corner of a 1.06 acre tract |
|
described in Vol. 74, P. 105, Official |
|
Public Records; |
|
THENCE South 2 deg. 30'27" West |
|
122.32 feet with the East line of said 1.06 |
|
acre tract to a 60d nail previously set by |
|
me for a corner of said 1.06 acre tract; |
|
THENCE South 11 deg. 02'25" East |
|
164.89 feet to a 1/2" iron rod and cap |
|
marked "WALKER 4425" set for the Southeast |
|
corner of this tract; |
|
THENCE South 75 deg. 40' West |
|
passing at 12 feet a 1/2" iron rod and a cap |
|
marked "WALKER 4425" and continuing in all |
|
149.83 feet to a point for corner and the |
|
Southwest corner of said tract; |
|
THENCE North 9 deg. 18'52" West |
|
192.05 feet to a point for corner; |
|
THENCE North 3 deg. 35' West |
|
141.13 feet to a point for corner and the |
|
northwest corner of said 1.06 acre tract; |
|
THENCE South 86 deg. 40'17" East |
|
159.12 feet to the POINT OF BEGINNING and |
|
containing more or less, 46,130.04 square |
|
feet or 1.06 acres. |
|
Bearings and distances are based |
|
on the Texas Coordinate System, South |
|
Central Zone NAD 1927. |
|
All of the land south of the center line of FM Highway 170 in Section |
|
36, Block 341, T.C. Ry. Co., Brewster County, Texas, as more |
|
particularly described below: |
|
Metes and bounds description of a |
|
102.1 acre tract of land out of Section 36, |
|
Block 341, T.C. Ry. Co. Surveys, Brewster |
|
County, Texas and being more particularly |
|
described as follows: |
|
BEGINNING at a point in Section |
|
36 on the center line of FM Highway 170, 120 |
|
foot right-of-way and this Easement is |
|
described and recorded in Volume 133 Page |
|
460 - 461 of the Brewster County Deed |
|
Records; |
|
THENCE N 86˚ 22' 11.64" E, a |
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distance of 669.91 feet along the center |
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line of the right-of-way line of F. M. |
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Highway 170 to point located at the |
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beginning of a curve to the left having a |
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center line central angle of 10˚ 10' 58.5" |
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Left, a Radius of 1,909.86 feet; |
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THENCE around the said curve to |
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the left, a distance of 339.43 feet, to a |
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point of tangent; |
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THENCE N 76˚ 11' 13.08" E, a |
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distance of 203.77 feet along the center |
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line of the right-of-way line of F. M. |
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Highway 170 to point located at the |
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beginning of a curve to the right having a |
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center line central angle of 62 55' 02.1" |
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Right , a Radius of 818.51 feet; |
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THENCE around the said curve to |
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the right, a distance of 898.82 feet, to a |
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point of tangent; |
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THENCE S 40˚ 53' 44.8"E, a |
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distance of 1,564.13 feet along the center |
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line of the right-of-way line of F. M. |
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Highway 170 to a point located on the |
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Section line between Sections 36 and 37; |
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THENCE S 00˚ 21' 09"E, a distance |
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of 3922.76 feet along the Section line |
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between the east line of Section 36 and the |
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west line of Section 37; |
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THENCE along the east meandering |
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line of the bank of the Rio Grande, as |
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identified in the year of April 2007, |
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described as follows: |
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N 38˚ 19' 39" W, a distance |
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of 720.19 feet |
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N 07˚ 15' 04" W, a distance |
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of 1,333.57 feet |
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N 23˚ 27' 17" W, a distance |
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of 926.79 feet |
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N 23˚ 27' 17" W, a distance |
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of 115.86 feet |
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N 17˚ 48' 38" W, a distance |
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of 580.31 feet |
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N 11˚ 49' 17" W, a distance |
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of 461.28 feet |
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N 23˚ 38' 37" W, a distance |
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of 802.90 feet |
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N 05˚ 44' 52" W, a distance |
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of 99.91 feet to the beginning of a curve to |
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the left with a central angle of 77˚ 38' 50" |
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and having a cord bearing of N 44˚ 34' 17" W |
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with a cord length of 681.47 feet and a |
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radius of 543.50 feet and continuing along |
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the bank of the Rio Grande; |
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N 83˚ 23' 43" W, a distance |
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of 222.82 feet |
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S 84˚ 41' 58" W, a distance |
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of 732.798 feet to a point on the west |
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section line of Section 36 Block 341: |
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THENCE N 00˚ 21' 09" W, a distance |
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of 94.84 feet , more or less, to the center |
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line of the right-of-way line of F M Highway |
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170 and to THE POINT OF BEGINNING |
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containing, 4,447,180 square feet or 102.1 |
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acres, more or less. |
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Bearings and distances are based |
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on the Texas Coordinate System, South |
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Central Zone NAD 1927. |
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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. (a) Section 11002.107, Special District Local |
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Laws Code, as added by this Act, takes effect only if this Act |
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receives a two-thirds vote of all the members elected to each house. |
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(b) If this Act does not receive a two-thirds vote of all the |
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members elected to each house, Subchapter C, Chapter 11002, Special |
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District Local Laws Code, as added by this Act, is amended by adding |
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Section 11002.107 to read as follows: |
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Sec. 11002.107. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(c) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. Except as otherwise provided by this Act: |
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(1) this Act takes effect immediately if it receives a |
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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; and |
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(2) if this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2011. |