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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 Williamson County Municipal Utility |
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District No. 31; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7934 to read as follows: |
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CHAPTER 7934. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 31 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7934.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Williamson County Municipal |
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Utility District No. 31. |
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Sec. 7934.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7934.003. 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. 7934.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7934.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 7934.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7934.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7934.051. 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 7934.052, directors serve |
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staggered four-year terms. |
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Sec. 7934.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7934.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7934.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7934.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7934.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7934.102. 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. 7934.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7934.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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(d) The district shall: |
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(1) maintain a connection between a road inside the |
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district and a public roadway that intersects a district boundary; |
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and |
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(2) at the request of a political subdivision adjacent |
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to the district or the Texas Department of Transportation, allow a |
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connection to be built between a road inside the district and a |
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public roadway that intersects a district boundary. |
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Sec. 7934.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7934.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 7934.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7934.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7934.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7934.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7934.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7934.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7934.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Williamson County Municipal Utility District |
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No. 31 initially includes all the territory contained in the |
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following area: |
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BEING 192.79 ACRES OF LAND OUT OF THE WILLIAM H. MONROE |
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SURVEY, ABSTRACT NUMBER 453, AND THE HENRY GARMES SURVEY, ABSTRACT |
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NO. 269, BOTH IN WILLIAMSON COUNTY, TEXAS, AND BEING COMPRISED OF |
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FIVE TRACTS: TRACT 1 BEING AN 80.68 ACRE REMAINDER OF AN 82.62 ACRE |
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TRACT, ERRONEOUSLY CALLED 62.62 ACRES; TRACT TWO BEING A PORTION OF |
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AN 86.67 ACRE TRACT; TRACT THREE BEING ALL OF A 2.00 ACRE TRACT; ALL |
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CONVEYED TO LANCE ERIC CAUGHFIELD, TRUSTEE OF THE CAUGHFIELD FAMILY |
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TRUST BY CORRECTION GENERAL WARRANTY DEED OF RECORD IN DOC. NO. |
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2013046424 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, |
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TEXAS, THEREIN DESIGNATED AS "TRACT 1", "TRACT 2", AND "TRACT 5", |
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RESPECTIVELY; TRACT FOUR BEING A 34.746 ACRE REMAINDER OF A 43.00 |
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ACRE TRACT OF LAND CONVEYED TO JOHN T. MASON BY INSTRUMENT OF RECORD |
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IN VOLUME 595, PAGE 288 OF THE DEED RECORDS OF WILLIAMSON COUNTY, |
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TEXAS, THEREIN DESIGNATED AS "TRACT FOUR"; AND TRACT FIVE BEING A |
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7.517 ACRE REMAINDER OF A 43.00 ACRE TRACT CONVEYED TO JOAN GIDDENS |
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BY INSTRUMENT OF RECORD IN SAID VOLUME 595, PAGE 288, KNOWN THEREIN |
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AS "TRACT FIVE", WITH ON-HALF (1/2) INTEREST CONVEYED TO JOE P. |
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GIDDENS, SR. BY GIFT DEED OF RECORD IN DOCUMENT NUMBER 9513614 OF |
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THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, AND BEING MORE |
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PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING at a 1/2" rebar found for the northeast corner of |
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said 80.68 acre remainder of an 82.62 acre tract, the southeast |
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corner of Lot 2, Hamilton Subdivision, a subdivision of record in |
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Doc. No. 1993014740 of the Official Public Records of Williamson |
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County, Texas, the northeast corner of a 4.01 acre tract of land |
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conveyed to David Harp and Cynthia Marie Caughfield Harp by |
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instrument of record in Doc. No. 1996021719 of the Official Public |
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Records of Williamson County, and being in the westerly |
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right-of-way line of County Road 266 (R.O.W. varies), from which a |
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1/2" rebar found for the northwest corner of a 3.16 acre tract of |
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land conveyed to the Pedernales Electric Cooperative, Inc. by |
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instrument of record in Doc. No. 2006040305 of the Official Public |
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Records of Williamson County, Texas, the southwest corner of a 5.94 |
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acre tract of land conveyed to Carolyn Miller and Leonard Miller by |
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deed of record in Volume 681, Page 342 of the Deed Records of |
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Williamson County, Texas, and being in the easterly right-of-way |
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line of said County Road 266, bears North 58°49'44" East a distance |
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of 35.72 feet; [Point of Beginning Coordinates: |
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Northing=10,202,718.53; Easting=3,075,492.25]; |
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THENCE along the easterly line of the 80.68 acre remainder of |
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a 82.62 acre tract and the north, west and south lines of said 4.01 |
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acre tract the following three (3) courses: |
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1. South 69°37'04" West a distance of 392.77 feet (record - South |
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69°37'30" West a distance of 392.83 feet) to a 1/2" rebar found for |
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the northwest corner of the 4.01 acre tract; |
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2. South 13°38'03" East a distance of 475.02 feet (record - South |
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13°37'24" East a distance of 475.21 feet) to a 1/2" rebar found for |
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the southwest corner of the 4.01 acre tract; |
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3. North 61°32'05" East a distance of 414.16 feet (record - North |
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61°32'44" East a distance of 414.36 feet) to a 1/2" rebar found for |
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the southeast corner of the 4.01 acre tract, and being in the |
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westerly right-of-way line of said County Road 266; |
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THENCE along the easterly line of the 80.68 acre remainder of |
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an 82.62 acre tract and the westerly right-of-way line of County |
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Road 266 the following nine (9) courses: |
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1. South 27°41'59" East a distance of 394.10 feet (record - South |
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27°41'30" East a distance of 394.00 feet) to a fence post found for |
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corner; |
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2. South 26°04'17" East a distance of 148.94 feet (record - South |
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26°00'57" East a distance of 148.99 feet) to a fence post found for |
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corner; |
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3. South 24°35'10" East a distance of 227.32 feet (record - South |
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24°39'50" East a distance of 227.37 feet) to a fence post found for |
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corner; |
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4. South 29°39'15" East a distance of 485.42 feet (record - South |
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29°38'20" East a distance of 485.28 feet) to a fence post found for |
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corner; |
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5. South 31°21'15" East a distance of 55.73 feet (record - South |
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31°21'11" East a distance of 55.75 feet) to a fence post found for |
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corner; |
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6. South 34°23'40" East a distance of 77.70 feet (record - South |
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34°21'13" East a distance of 77.71 feet) to a fence post found for |
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corner; |
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7. South 37°14'52" East a distance of 72.04 feet (record - South |
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37°16'25" East a distance of 72.07 feet) to a fence post found for |
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corner; |
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8. South 41°51'07" East a distance of 79.68 feet (record - South |
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41°50'42" East a distance of 79.65 feet) to a fence post found for |
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corner; |
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9. South 46°20'23" East a distance of 88.67 feet (record - South |
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46°21'47" East a distance of 88.66 feet) to a 60d nail found in the |
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base of a tree for an angle point in the easterly line of the 80.68 |
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acre remainder of an 82.62 acre tract and being the northeast corner |
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of said 2.00 acre tract; |
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THENCE along the easterly line of the 2.00 acre tract and the |
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westerly right-of-way line of County Road 266 the following two (2) |
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courses: |
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1. South 51°52'18" East a distance of 50.97 feet (record - South |
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51°49'14" East a distance of 50.96 feet) to a 60d nail found in the |
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base of a tree; |
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2. South 51°43'04" East a distance of 165.73 feet (record - South |
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51°43'15" East a distance of 165.69 feet) to a steel fence post found |
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for corner for an angle point in the easterly line of the 80.68 acre |
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remainder of an 82.62 acre tract and being the southeast corner of |
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said 2.00 acre; |
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THENCE along the easterly line of the 80.68 acre remainder of |
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an 82.62 acre tract and the westerly right-of-way line of County |
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Road 266 the following thirteen (13) courses: |
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1. South 57°01'45" East a distance of 75.98 feet (record - South |
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57°00'29" East a distance of 75.96 feet) to a fence post found for |
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corner; |
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2. South 62°17'41" East a distance of 75.26 feet (record - South |
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62°21'51" East a distance of 75.19 feet) to a fence post found for |
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corner; |
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3. South 64°45'50" East a distance of 78.12 feet (record - South |
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64°46'15" East a distance of 78.10 feet) to a fence post found for |
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corner; |
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4. South 66°38'03" East a distance of 317.51 feet (record - South |
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66°37'21" East a distance of 317.49 feet) to a fence post found for |
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corner; |
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5. South 70°24'29" East a distance of 156.42 feet (record - South |
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70°25'04" East a distance of 156.38 feet) to a fence post found for |
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corner; |
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6. South 65°26'10" East a distance of 64.92 feet (record - South |
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65°25'45" East a distance of 64.95 feet) to a fence post found for |
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corner; |
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7. South 53°30'45" East a distance of 86.57 feet (record - South |
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53°22'44" East a distance of 86.54 feet) to a fence post found for |
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corner; |
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8. South 57°47'47" East a distance of 84.10 feet (record - South |
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57°53'40" East a distance of 84.04 feet) to a fence post found for |
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corner; |
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9. South 62°33'40" East a distance of 51.72 feet (record - South |
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62°33'13" East a distance of 51.75 feet) to a fence post found for |
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corner; |
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10. South 57°33'51" East a distance of 25.25 feet (record - South |
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57°29'07" East a distance of 25.22 feet) to a fence post found for |
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corner; |
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11. South 58°31'02" East a distance of 75.55 feet (record - South |
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58°31'52" East a distance of 75.57 feet) to a fence post found for |
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corner; |
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12. South 60°27'34" East a distance of 152.96 feet (record - South |
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60°27'42" East a distance of 152.97 feet) to a fence post found for |
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corner; |
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13. South 57°57'23" East a distance of 40.97 feet (record - South |
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58°00'42" East a distance of 40.88 feet) to a 1/2" rebar found for |
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the southeast corner of the 80.68 acre remainder of an 82.62 acre |
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tract and the northeast corner of said 86.67 acre "Tract 2"; |
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THENCE along the easterly line of the 86.67 acre tract and the |
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westerly right-of-way line of County Road 266 the following sixteen |
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(13) courses: |
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1. South 58°00'16" East a distance of 134.29 feet (record - South |
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58°00'42" East a distance of 134.42 feet) to a fence post found for |
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corner; |
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2. South 58°42'01" East a distance of 93.89 feet (record - South |
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58°00'42" East a distance of 134.42 feet) to a 1/2" rebar found; |
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3. South 55°41'55" East a distance of 36.69 feet (record - South |
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55°39'14" East a distance of 36.72 feet) to a 1/2" rebar found; |
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4. South 57°23'18" East a distance of 77.00 feet (record - South |
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57°24'50" East a distance of 76.96 feet) to a 60d nail found in the |
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base of a tree; |
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5. South 59°52'58" East a distance of 163.67 feet (record - South |
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59°51'48" East a distance of 163.67 feet) to a 60d nail found in the |
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base of a tree; |
|
6. South 56°53'38" East a distance of 47.23 feet (record - South |
|
56°54'00" East a distance of 47.20 feet) to a 60d nail found in the |
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base of a tree; |
|
7. South 51°53'59" East a distance of 181.09 feet (record - South |
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51°53'38" East a distance of 181.04 feet) to a 60d nail found in the |
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base of a tree; |
|
8. South 47°28'03" East a distance of 36.60 feet (record - South |
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47°42'45" East a distance of 36.58 feet) to a 1/2" rebar found; |
|
9. South 33°36'25" East a distance of 99.11 feet (record - South |
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33°37'41" East a distance of 99.11 feet) to a 1/2" rebar found; |
|
10. South 36°25'01" East a distance of 31.64 feet (record - South |
|
36°24'58" East a distance of 31.64 feet) to a 60d nail found in the |
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base of a tree; |
|
11. South 33°10'54" East a distance of 89.81 feet (record - South |
|
33°07'46" East a distance of 89.91 feet) to a 60d nail found in the |
|
base of a tree; |
|
12. South 43°21'48" East a distance of 165.76 feet (record - South |
|
43°24'18" East a distance of 165.72 feet) to a 60d nail found in the |
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base of a tree; |
|
13. South 32°09'56" East (record - South 32°04'55" East) a distance |
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of 125.64 feet to a calculated point |
|
THENCE crossing through the 86.67 acre tract the following |
|
three (3) courses: |
|
1. South 67°04'21" West, a distance of 169.04 feet to a calculated |
|
point; |
|
2. South 66°30'58" West a distance of 2337.55 feet to a calculated |
|
point; |
|
3. South 86°26'35" West a distance of 317.04 feet to a calculated |
|
point in the westerly line of the 86.67 acre tract, being the |
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southeast corner of a 6.669 acre tract of land conveyed to Emogene |
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M. Champion by instrument of record in Doc. No. 2008083903 of the |
|
Official Public Records of Williamson County, Texas, also being in |
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the northerly line of Lot 7, High Gabriel East, Section 2, a |
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subdivision of record in Volume B, Pages 296-298 of the Plat Records |
|
of Williamson County, Texas, and also being the approximate |
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centerline of the South San Gabriel River; |
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THENCE North 25°06'16" West (record - North 25°05'54" West), |
|
along the westerly line of the 86.67 acre tract and the east line of |
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said 6.669 acre tract, a distance of 227.10 feet (record - 227.10 |
|
feet) to a 1/2" rebar set with plastic cap which reads "Baseline |
|
Inc" for the northeast corner of the 6.669 acre tract and the |
|
southeast corner of a 73.00 acre tract of land conveyed to Ina Dale |
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Craven by instrument of record in Volume 595, Page 288 of the Deed |
|
Records of Williamson County, Texas, therein designated as "Tract |
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One"; |
|
THENCE North 05°28'53" West (record - North 05°28'53" West), |
|
along the westerly line of the 86.67 acre tract and the east line of |
|
said 43.00 acre tract, passing at a distance of 953.39 (record - |
|
953.39 feet) a calculated point for the northwest corner of the |
|
86.67 acre tract and the southwest corner of the 80.68 acre |
|
remainder of an 82.62 acre tract, and continuing along the westerly |
|
line of the 80.68 acre remainder of an 82.62 acre tract and the east |
|
line of said 43.00 acre tract for a total distance of 1235.21 feet |
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(record - 1235.21 feet) to a 1/2" rebar found for the northeast |
|
corner of the 43.00 acre tract and the southeast corner of a 38.24 |
|
acre tract of land conveyed to Emogene Champion by said instrument |
|
of record in Volume 595, Page 288 of the Deed Records of Williamson |
|
County, Texas, therein designated as "Tract Two"; |
|
THENCE along the westerly line of the 80.68 acre remainder of |
|
an 82.62 acre tract and the east and north lines of said 38.24 acre |
|
tract the following two (2) courses: |
|
1. North 08°17'02" West a distance of 572.35 (record - North |
|
08°18'15" West a distance of 572.29 feet) to a 1/2" rebar found for |
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the northeast corner of the 38.624 acre tract; |
|
2. South 77°12'21" West a distance of 424.18 (record - South |
|
77°13'07" West a distance of 424.14 feet) to a 1/2" rebar found for |
|
the northeast corner of the 38.624 acre tract; |
|
THENCE North 20°19'13" West (record - North 20°18'36" West), |
|
along the westerly line of the 80.68 acre remainder of an 82.62 acre |
|
tract, the east line of the 38.24 acre tract, and the east line of a |
|
21.543 acre tract of land conveyed to Mark Mason by instrument of |
|
record in Doc. No. 2007021744 of the Official Public Records of |
|
Williamson County, Texas, a distance of 604.86 feet (record - |
|
604.88 feet) to a 1/2" rebar found for the northeast corner of the |
|
21.543 acre tract and the southeast corner of a 19.758 acre tract of |
|
land conveyed to Michael W. Mason by instrument of record in Doc. |
|
No. 2007021745 of the Official Public Records of Williamson County, |
|
Texas; |
|
THENCE North 20°35'14" West (record - North 20°35'47" West), |
|
along the westerly line of the 80.68 acre remainder of an 82.62 acre |
|
tract and the east line of said 19.758 acre tract, a distance of |
|
459.92 feet (record - 459.96 feet) to a 1/2" rebar found for the |
|
northeast corner of the 19.758 acre tract and the southeast corner |
|
of said 34.746 acre remainder of a 43.00 acre tract; |
|
THENCE South 68°55'24" West (record: South 69°49' West), along |
|
the south line of the 34.746 acre remainder of a 43.00 acre tract |
|
and the north line of the 19.758 acre tract, passing at a distance |
|
of 872.22 feet (record: 872.22 feet) a calculated point for an angle |
|
point in the north line of the 19.758 acre tract and being the |
|
northeast corner of a 1.78 acre tract of land conveyed to Michael W. |
|
Mason by instrument of record in Volume 1270, Page 205 of the |
|
Official Records of Williamson County, Texas; from which a 1/2" |
|
rebar found bears North 35°52'45" West a distance of 0.93 feet and |
|
continue along the south line of the 34.746 acre remainder of a |
|
43.00 acre tract and the north line of said 1.78 acre tract 390.37 |
|
feet further (record: 390.37 feet) to a calculated point for an |
|
angle point in the north line of the 19.758 acre tract and being the |
|
northwest corner of the 1.78 acre tract; from which a 1/2" rebar |
|
found bears North 50°25'19" West a distance of 0.51 feet and |
|
continuing along the south line of the 34.746 acre remainder of a |
|
43.00 acre tract and the north line of the 19.758 acre tract and the |
|
north line of a 22-foot wide Ingress and Egress Easement granted to |
|
Michael W. Mason in said Volume 1270, Page 205 for a total distance |
|
of 1583.30 feet to a TxDOT Type II concrete monument found for the |
|
southwest corner of the 34.746 acre remainder of a 43 acre tract |
|
known as "Tract Four" and being in the north line of the 19.758 acre |
|
tract and also being in the east right-of-way line of said U.S. 183, |
|
392.00 feet left of and perpendicular to E.C.S. 18656.50; |
|
THENCE along the west line of the 34.746 acre remainder of a |
|
43.00 acre tract and the east right-of-way line of U.S. 183 the |
|
following four (4) courses: |
|
1. Along the arc of a non-tangential curve to the right, having a |
|
radius of 19608.00 feet (record: 19608.00 feet), a length of 491.38 |
|
feet (record: 491.44 feet), a delta angle of 01°26'09" (record: |
|
01°26'10") and a chord, which bears North 21°50'37" West a distance |
|
of 491.36 feet (record: North 21°56'28" West a distance of 491.43 |
|
feet) to a TxDOT Type II concrete monument found 392.00 feet left of |
|
and perpendicular to E.C.S. 181+55.23 for a point of tangency; |
|
2. North 21°07'32" West a distance of 11.23 feet (record: North |
|
21°05'55" West a distance of 11.23 feet) to a 1/2" rebar set with |
|
plastic cap, which reads "BASELINE, INC.", being 392.00 feet left |
|
of and perpendicular to E.C.S. 181+44.00; |
|
3. South 68°52'32" West a distance of 192.00 feet (record: South |
|
68°54'09" West a distance of 192.00 feet to a calculated point |
|
200.00 feet left of an perpendicular to E.C.S. 181+44.00; from |
|
which a damaged TxDOT Type II concrete monument found bears North |
|
16°55'25" East a distance of 0.27 feet; |
|
4. North 21°03'51" West a distance of 400.41 feet (record: North |
|
21°05'54" West a distance of 400.07 feet to a 1/2" rebar found for |
|
the northwest corner of the 34.746 acre remainder of a 43.00 acre |
|
tract and being the southwest corner of said 7.517 acre remainder of |
|
a 43.00 acre tract, and also being in the east right-of-way line of |
|
U.S. 183 (R.O.W. varies), being 200.00 feet left of and |
|
perpendicular to Engineer's Centerline Station (E.C.S.) 177+43.93; |
|
THENCE North 21°03'51" West (record: North 21°05'55" West), |
|
along the west line of the 7.517 acre remainder of a 43.00 acre |
|
tract and the east right-of-way line of said U.S. 183 a distance of |
|
400.50 feet (record: 400.77 feet) to a 1/2" rebar found with cap, |
|
which reads "SAM, INC." for the northwest corner of the 7.517 acre |
|
remainder of a 43.00 acre tract and being the southwest corner of |
|
the remainder of a 1.533 acre tract of land conveyed to the City of |
|
Liberty Hill, Texas by instrument of record in Document Number |
|
2012032250 of the Official Public Records of Williamson County, |
|
Texas, being known therein as "Tract 2" and being 200 feet left of |
|
and perpendicular to E.C.S. 173+43.16; |
|
THENCE North 68°55'20" East (record: North 68°55'49" East), |
|
along the north line of the 7.517 acre remainder of a 43.00 acre |
|
tract and the south line of said remainder of a 1.533 acre tract a |
|
distance of 731.95 feet to a 1/2" rebar found with plastic cap |
|
(illegible) for the west corner of a 0.026 of one acre tract of land |
|
conveyed to the City of Liberty Hill, Texas in said Document Number |
|
2012032250 and known therein as "Tract 4" for a point of curvature; |
|
THENCE along the north line of the 7.517 acre remainder of a |
|
43.00 acre tract and the south line of said 0.026 of one acre tract, |
|
being a tangential curve to the left, having a radius of 50.00 feet |
|
(record: 50.00 feet), a length of 92.54 feet (record: 92.71 feet), a |
|
delta angle of 106°02'34" (record: 106°14'28") and a chord, which |
|
bears North 68°56'26" East a distance of 79.89 feet (record: North |
|
68°56'35" East a distance of 79.99 feet) to a 1/2" rebar found with |
|
plastic cap (illegible) for the east corner of the 0.026 of one acre |
|
tract and being in the south line of the remainder of a 1.533 acre |
|
tract for a point of tangency; |
|
THENCE North 68°25'29" East (record: North 68°55'49" East), |
|
along the north line of the 7.517 acre remainder of a 43.00 acre |
|
tract and the south line of the 1.533 acre tract a distance of 9.75 |
|
feet (record: 9.66 feet) to a 1/2" rebar found with plastic cap, |
|
which reads "LCRA" for the northeast corner of the 7.517 acre |
|
remainder of a 43.00 acre tract and being the southeast corner of |
|
the remainder of a 1.533 acre tract and also being in the west line |
|
of a 20.000 acre tract of land conveyed to City of Liberty Hill, |
|
Texas by instrument of record in said Document Number 2012032250 |
|
and known therein as "Tract 1", from which a 1/2" rebar found with |
|
plastic cap, which reads "LCRA" for the northeast corner of the |
|
remainder of a 1.533 acre tract and being in the west line of said |
|
20.000 acre tract bears North 20°40'12" West a distance of 59.98 |
|
feet (record: North 20°40'03" West a distance of 60.00 feet); |
|
THENCE South 20°40'12" East (record: South 20°40'03" East), |
|
along the east line of the 7.517 acre remainder of a 43.00 acre |
|
tract and the west line of the 20.000 acre tract a distance of |
|
400.69 feet to a 1/2" rebar found with plastic cap, which reads |
|
"LCRA" for the southeast corner of the 7.517 acre remainder of a |
|
43.00 acre tract, the southwest corner of the 20.000 acre tract and |
|
also being in the north line of the 34.746 acre remainder of a 43.00 |
|
acre tract; |
|
THENCE North 68°55'49" East (record: North 69°49' East), along |
|
the north line of the 34.746 acre remainder of a 43.00 acre tract |
|
and the south line of the 20.000 acre tract, a distance of 968.87 |
|
feet (record - 968.86 feet) to a 1/2" rebar found for the northeast |
|
corner of the 34.746 acre remainder of a 43.00 acre tract, the |
|
southeast corner of the 20.000 acre tract, and being in the westerly |
|
line of the 80.68 acre remainder of an 82.82 acre tract; |
|
THENCE North 20°42'08" West (record - North 20°39'06" West), |
|
along the westerly line of the 80.68 acre remainder of an 82.62 acre |
|
tract and the east line of the 20.000 acre tract, a distance of |
|
294.56 feet to a calculated point for the northwest corner of the |
|
80.68 acre remainder of an 82.62 acre tract and the southwest corner |
|
of said Lot 2, Hamilton Subdivision; |
|
THENCE along the north line of the 80.68 acre remainder of an |
|
82.62 acre tract and the south line of Lot 2, Hamilton Subdivision, |
|
the following six (6) courses: |
|
1. North 70°41'00" East a distance of 397.85 (record - North |
|
70°41'56" East a distance of 396.79) to a 1/2" rebar found; |
|
2. North 66°15'13" East a distance of 161.71 (record - North |
|
66°16'09" East a distance of 161.69) to a 1/2" rebar found; |
|
3. North 54°02'41" East a distance of 58.65 (record - North |
|
54°00'09" East a distance of 58.66) to a 1/2" rebar found; |
|
4. North 65°58'55" East a distance of 94.57 (record - North |
|
66°07'09" East a distance of 94.66) to a 1/2" rebar found; |
|
5. North 89°16'53" East a distance of 39.31 (record - North |
|
89°06'09" East a distance of 94.24) to a 1/2" rebar found; |
|
6. North 72°09'38" East a distance of 259.54 (record - North |
|
72°10'09" East a distance of 259.64) to the POINT OF BEGINNING. |
|
This tract contains 192.79 acres of land, more or less, out of |
|
the William H. Monroe Survey, Abstract Number 453, and the Henry |
|
Garmes Survey, Abstract no. 269, both in Williamson County, Texas. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
7934, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 7934.106 to read as follows: |
|
Sec. 7934.106. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2015. |