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AN ACT
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relating to the creation of the North Grayson County Municipal |
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Utility District No. 1; 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 8006 to read as follows: |
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CHAPTER 8006. NORTH GRAYSON COUNTY MUNICIPAL UTILITY DISTRICT |
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NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8006.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the North Grayson County |
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Municipal Utility District No. 1. |
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Sec. 8006.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8006.0103. CONFIRMATION AND DIRECTOR ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8006.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8006.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district as required by |
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applicable law. |
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Sec. 8006.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8006.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8006.0201. 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 8006.0202, directors |
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serve staggered four-year terms. |
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Sec. 8006.0202. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2023, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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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 8006.0103; or |
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(2) September 1, 2027. |
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(c) If permanent directors have not been elected under |
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Section 8006.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8006.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8006.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8006.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8006.0303. 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. 8006.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8006.0305. DIVISION OF DISTRICT. (a) The board, on |
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its own motion or on receipt of a petition signed by the owner or |
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owners of a majority of the assessed value of the real property in |
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the district, may adopt an order dividing the district. |
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(b) An order dividing a district may create one or more new |
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districts and may provide for the continuation of the district. |
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(c) An order dividing the district shall: |
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(1) name any new district; |
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(2) include the metes and bounds description of the |
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territory of each of the districts; |
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(3) appoint temporary directors for any 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 the districts. |
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(d) The board may adopt an order dividing the district |
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before or after the date the board holds an election to confirm the |
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district's creation. |
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(e) The district may be divided 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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(f) A 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 enacting this |
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chapter. |
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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 commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) 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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(i) A new district created by the division of the district |
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shall hold a confirmation and directors' election. |
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(j) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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(k) A 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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(l) The district may continue to rely on confirmation, |
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directors', bond, or tax elections held prior to the division. |
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(m) Municipal consent to the creation of the district and to |
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the inclusion of land in the district acts as municipal consent to |
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the creation of any new district created by the division of the |
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district and to the inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8006.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8006.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8006.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8006.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8006.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8006.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8006.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8006.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The North Grayson County Municipal Utility |
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District No. 1 initially includes all the territory contained in |
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the following area: |
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TRACT 1: |
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BEING a tract of land located in the Otis Clapp Jr. Survey, Abstract |
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No. 269, the John Reeves Survey, Abstract No. 1021, the Manuel |
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Manchaca Survey, Abstract No. 783, and the D. S. Southmayd Survey, |
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Abstract No. 1077, Grayson County, Texas, part of a called 160 acre |
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Parcel One Fourth Tract and all of a called 100 acre Parcel Four |
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described in the deed to Pickens Resource Corp. recorded in Volume |
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2195, Page 70 of the Official Records of Grayson County, Texas |
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(O.R.G.C.T.), and being more particularly described by metes and |
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bounds as follows: |
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BEGINNING at a point for the southeast corner of a called 25.00 acre |
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tract described in the Contract of Sale between the Veterans Land |
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Board of Texas and Bobby Darrell Reed recorded in Volume 1549, Page |
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668 O.R.G.C.T., same being on the northerly right-of-way line of |
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State Highway 56; |
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THENCE North 01°26'36" East, departing the northerly right-of-way |
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line of State Highway 56, along the west line of said 100 acre |
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Parcel Four, the east line of said 25.00 acre tract and the east |
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line of a called 30.00 acre tract described in the deed to David |
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Vogel and wife, Linda Vogel, recorded in Volume 2538, Page 171 |
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O.R.G.C.T., a distance of 2,387.18 feet to the northwest corner of |
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said 100 acre Parcel Four, same being in the southwest line of a |
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called 46.94 acre Tract One described in the deed to Allejen Ranch, |
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LLC, recorded in Document No. 2020-11770 O.R.G.C.T., for the |
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northeast corner of said 30.00 acre tract; |
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THENCE South 76°32'32" East, along the southwest line of said 46.94 |
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acre tract and the northeast line of said Parcel Four, a distance of |
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1,918.80 feet to a point for the southwest corner of a called 150 |
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acre tract described in the deed to TX56 Sherman Venture LLC, |
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recorded in Document No. 2022-11995 O.R.G.C.T., the southeast |
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corner of said 46.94 acre tract, the northwest corner of said Parcel |
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One Fourth Tract and the northeast corner of said Parcel Four; |
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THENCE South 63°11'32" East, along the southwest line of said 150 |
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acre tract and the northeast line of said Parcel One Fourth Tract, a |
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distance of 1,632.15 feet to a point for corner; |
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THENCE South 00°48'35" West, the southwest line of said 150 acre |
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tract and the northeast line of said Parcel One Fourth Tract, |
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crossing said Parcel One Fourth Tract, a distance of 1,879.82 feet |
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to a point for corner on the southerly line of said Parcel One |
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Fourth Tract, same being on the northerly right-of-way line of said |
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State Highway 56; |
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THENCE North 78°36'53" West, along the northerly right-of-way line |
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of State Highway 56, a distance of 3,423.78 feet to the POINT OF |
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BEGINNING and containing 172.76 acres (7,525,326 square feet) of |
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land, more or less. |
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TRACT 2: |
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BEING a tract of land located in the D. S. Southmayd Survey, |
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Abstract No. 1077, and the C. H. Harwood Survey, Abstract No. 492, |
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Grayson County, Texas, part of a called 297 acre Parcel One First |
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Tract, all of a called 205.70 acre Parcel One Second Tract, part of |
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a called 159.8 acre Parcel One Third Tract, part of a called 160 |
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acre Parcel One Fourth Tract, all of a called 100.17 acre Parcel One |
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Fifth Tract, all of a called 130 acre Parcel One Sixth Tract, part |
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of a called 151.9 acre Parcel Three First Tract, part of a called |
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150.27 acre Parcel Three Second Tract, and all of a called 155.494 |
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acre Parcel Five, described in the deed to Pickens Resource Corp. |
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recorded in Volume 2195, Page 70 of the Official Records of Grayson |
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County, Texas (O.R.G.C.T.), and being more particularly described |
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by metes and bounds as follows: |
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BEGINNING at a point in the southerly right-of-way line of State |
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Highway 56 and the northeast corner of a called 106.4295 acre tract |
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described in the deed to DeLay Investments, LLC, recorded in Volume |
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4223, Page 621 O.R.G.C.T., same being on the west line of said |
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Parcel One Fourth Tract; |
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THENCE South 78°36'53" East, along the southerly right-of-way line |
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of State Highway 56, a distance of 1,511.09 feet to a point for |
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corner; |
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THENCE South 00°48'35" West, departing the southerly right-of-way |
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line of State Highway 56, crossing said Parcel One Fourth Tract, a |
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distance of 1,199.57 feet to a point for corner on the south line of |
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said Parcel One Fourth Tract and the northerly line of said Parcel |
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One Third Tract; |
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THENCE South 29°35'08" East, crossing said Parcel One Third Tract, a |
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distance of 730.50 feet to a point for corner; |
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THENCE South 24°42'52" East, continuing across said Parcel One Third |
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Tract, passing the south line of said Parcel One Third Tract and the |
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north line of said Parcel One First Tract, continuing across said |
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Parcel One First Tract, a distance of 2,621.47 feet to a point for |
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corner; |
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THENCE South 88°40'26" East, continuing across said Parcel One First |
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Tract, a distance of 400.00 feet to a point for corner on the east |
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line of said Parcel One First Tract and the west line of a called |
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206.189 acre tract described in the deed to Lawrence Wayne |
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Schroeder, Trustee, recorded in Volume 5329, Page 801 O.R.G.C.T.; |
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THENCE South 01°19'34" West, along the east line of said Parcel One |
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First Tract and the west line of said 206.189 acre tract, a distance |
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of 300.00 feet to a point for the southwest corner of said 206.189 |
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acre tract and an interior corner of said Parcel One First Tract |
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THENCE South 88°56'34" East, along the south line of said 206.189 |
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acre tract and the southerly north line of said Parcel One First |
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Tract, a distance of 390.29 feet to a point for the northwest corner |
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of a called 101.219 acre tract described in the deed to Michael D. |
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Allen, Trustee, and Richard Mercer Abernathy, Trustee, recorded in |
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Volume 4936, Page 863 O.R.G.C.T., and the southerly northeast |
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corner of said Parcel One First Tract; |
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THENCE South 01°33'14" West, departing the south line of said |
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206.189 acre tract, along the southerly east line of said Parcel One |
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First Tract, the west line of said 101.219 acre tract and the west |
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line of a called 102 acre Tract Two described in the deed to Michael |
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D. Allen, Trustee, and Marcy Allen Brown, Trustee, recorded in |
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Volume 4882, Page 516 O.R.G.C.T., a distance of 2,651.15 feet to a |
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point in the north line of said Parcel One Second Tract, for the |
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southwest corner of said 102 acre tract and the southeast corner of |
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said Parcel One First Tract; |
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THENCE South 88°32'38" East, along the south line of said 102 acre |
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tract, the north line of said Parcel One Second Tract and the north |
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line of said Parcel One Fifth Tract, a distance of 3,328.02 feet to |
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a point within the margins of Collin Road, in the west line of a |
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called 372.75 acre Parcel Two, described in the said deed to Pickens |
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Resource Corp. recorded in Volume 2195, Page 70 O.R.G.C.T., for the |
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southeast corner of said 102 acre tract and the northeast corner of |
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said Parcel One Fifth Tract; |
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THENCE South 01°15'46" West, along the east line of said Parcel One |
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Fifth Tract and the west line of said 372.75 acre Parcel Two, a |
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distance of 1,841.31 feet to a point for corner in the margins of |
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Swindle Road for the southwest corner of said 372.75 acre Parcel Two |
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and the easterly, southeast corner of said Parcel One Fifth Tract, |
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same also being on the north line of called 195,778 acre tract |
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described in the deed to KRE3 LLC recorded in Document |
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No. 2021-33451 O.R.G.C.T.; |
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THENCE North 89°05'42" West, within the margins of Swindle Road and |
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Collins Road, along the north line of said 195.778 acre tract and |
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the easterly south line of said Parcel One Fifth Tract, a distance |
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of 630.20 feet to the northwest corner of said 195.778 acre tract |
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and an interior corner of said Parcel One Fifth Tract; |
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THENCE South 00°47'11" East, continuing within the margins of |
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Collins Road, along the west line of said 195.778 acre tract, the |
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west line of a called 194.19 acre tract described in the deed to |
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Alvin J. Schroeder and Helen Lorene Schroeder, Trustees, recorded |
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in Volume 5178, Page 46 O.R.G.C.T., the southerly east line of said |
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Parcel One Fifth Tract, the east line of said Parcel Three Second |
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Tract, the east line of said Parcel Three First Tract and the east |
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line of said Parcel Five, a distance of 6,041.54 feet to a point at |
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the intersection Davis Road and Collins Road, for the northwest |
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corner of a called 5.46 acre tract described in the deed to Audie C. |
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Hall and wife, Janis Dee Hall, recorded in Volume 2727, Page 501 |
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O.R.G.C.T., the northeast corner of a called 3.000 acre tract |
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described in the deed to GF3 Partnership, LLC, recorded in Document |
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No. 2019-17471 O.R.G.C.T., the southwest corner of said 194.19 acre |
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tract, and the southeast corner of said Parcel Five; |
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THENCE North 88°45'13" West, within the margins of Davis Road, along |
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the south line of said Parcel Five, the north line of said 3.000 |
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acre tract, the north line of a called 98.652 acre tract described |
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in the deed to GF3 Partnership, LLC, recorded in Document |
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No. 2019-17476 O.R.G.C.T., the north line of a called 9.992 acre |
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tract described in the deed to Cote Sutton and wife, Ashley Sutton, |
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recorded in Volume 5353, Page 685 O.R.G.C.T., the north line of a |
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called 24.112 acre tract described in the deed to Cote Sutton and |
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wife, Ashley Sutton, recorded in Volume 5353, Page 481 O.R.G.C.T., |
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the north line of a called 2.000 acre Tract 1 described in the deed |
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to Value Property Group LLC recorded in Document No. 2022-6411 |
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O.R.G.C.T., the north line of a called 16.008 acre tract described |
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in the deed to TLS Investments, L.P., recorded in Document |
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No. 2019-22263 O.R.G.C.T., the north line of a called 10.000 acre |
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tract described in the deed to Tony Ezell and wife, Brenda Ezell, |
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recorded in Volume 2831, Page 315 O.R.G.C.T., the north line of a |
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called 20.991 acre tract described in the deed to Nelva Dorothy |
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Brown recorded in Document No. 2018-4747 O.R.G.C.T., the north line |
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of a called 29.761 acre tract described in the deed to Michael D. |
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Oxford and wife, Hazel D. Oxford, recorded in Volume 2817, Page 651 |
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O.R.G.C.T., and the northerly north line of a called 121.885 acre |
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Tract 1 described in the deed to Houillion Family Limited |
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Partnership recorded in Document No. 2018-9791 O.R.G.C.T., a |
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distance of 3,696.83 feet to a point for the southeast corner of a |
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called 150 acre tract described in the deed to Sammy W. Dolezalek |
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and wife, Donna Dolezalek, recorded in Voume 2958, Page 115 |
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O.R.G.C.T., and the southwest corner of said Parcel Five; |
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THENCE North 00°00'02" West, departing the northerly north line of |
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said 121.885 acre tract, along the east line of said 150 acre |
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Dolezalek tract and the west line of said Parcel Five, a distance of |
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1,798.22 feet to a point for the southwest corner of a called |
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132.078 acre tract described in the deed to Pickens Financial |
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Group, LLC, recorded in Document No. 2021-23130 O.R.G.C.T. and the |
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northwest corner of said Parcel Five; |
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THENCE North 00°29'22" West, along the east line of said 150 acre |
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tract and the west line of said 132.078 acre tract, a distance of |
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324.53 feet to a point for the southeast corner of a called 97.812 |
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acre tract described in the deed to SSMC Properties LLC recorded in |
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Document No. 2021-23790 O.R.G.C.T. and the northeast corner of said |
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150 acre tract; |
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THENCE North 00°07'27" East, along the east line of said 97.812 acre |
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tract and the west line of said 132.078 acre tract, a distance of |
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1,436.61 feet to a point for the southeast corner of a called 16.673 |
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acre tract described in the deed to Adam Butler Irvin and Lindsey |
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Morgan Irvin recorded in Document No. 2021-5982 O.R.G.C.T. and the |
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northeast corner of said 97.812 acre tract; |
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THENCE North 00°03'38" West, along the east line of said 16.673 acre |
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tract, the east line of a called 41.680 acre tract described in the |
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deed to Adam Butler Irvin and Lindsey Morgan Irvin recorded in |
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Document No. 2021-6228 O.R.G.C.T., the east line of a called 25.00 |
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acre tract described in the deed to Zlatan Dzebic recorded in Volume |
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5533, Page 317 O.R.G.C.T., the east line of said 24.967 acre North |
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Shook Road LLC tract and the west line of said 132.078 acre tract, a |
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distance of 1,810.64 feet to a point for corner; |
|
THENCE South 89°26'34" West, continuing within the margins of Shook |
|
Road, along the south line of said Parcel One Second Tract, the |
|
south line of said Parcel One Sixth Tract, the north line of said |
|
24.967 acre tract, the easterly north line of a called 9.894 acre |
|
tract described in the deed to Larry D. Bolz recorded in Volume |
|
2531, Page 161 O.R.G.C.T., and the north line of a called 2.99 acre |
|
tract described in the deed to Jeffery Allen Johnson recorded in |
|
Volume 5898, Page 105 O.R.G.C.T., a distance of 2,913.36 feet to a |
|
point at the intersection of O'Hanlon Road and Shook Road, for the |
|
northeast corner of a called 63.510 acre tract described in the deed |
|
to Jose Gregorio Molina recorded in Volume 5178, Page 689 |
|
O.R.G.C.T., the southeast corner of a called 171.889 acre tract of |
|
land described a deed to Plaza at Sherman Ranch 171 LLC, recorded in |
|
Document No. 2022-18898 O.R.G.C.T., and being the southwest corner |
|
of said Parcel One Sixth Tract; |
|
THENCE North 01°19'05" East, within the margins of O'Hanlon Road, |
|
along the east line of said 171.889 acre tract, the east line of a |
|
called 50.000 acre tract described in the deed to Good Halsey Land |
|
LLC recorded in Document No. 2020-33486 O.R.G.C.T., the east line |
|
of a called 50.610 acre tract described in the deed to Phewa |
|
Investment Group LLC recorded in Document No. 2020-26676 |
|
O.R.G.C.T., the east line of a called 21.013 acre tract described in |
|
the deed to Mary C. Davies recorded in Volume 2670, Page 617 |
|
O.R.G.C.T., the west line of said Parcel One Sixth Tract and the |
|
northerly west line of said Parcel One First Tract, a distance of |
|
6,490.90 feet to a point for the southeast corner of a called 24.720 |
|
acre tract described in the deed to Kenneth Nunn and Angela Howard |
|
recorded in Volume 3258, Page 566 O.R.G.C.T, the northeast corner |
|
of said 21.013 acre tract, the southwest corner of said Parcel One |
|
Third Tract and the northwest corner of said Parcel One First Tract; |
|
THENCE North 01°27'37" East, continuing within the margins of |
|
O'Hanlon Road, along the east line of said 24.720 acre tract, the |
|
east line of a called 30.0 acre tract described in the deed to Lanny |
|
C. Jaresh and wife, Cleta J. Jaresh, recorded in Volume 1281, Page |
|
381 O.R.G.C.T., the east line of a called 1.000 acre tract described |
|
in the deed to Donald and Judy Wooten recorded in Volume 5406, Page |
|
670 O.R.G.C.T., the east line of a called 12.000 acre tract |
|
described in the deed to George Adrian. O'Hanlon recorded in |
|
Document No. 2022-9967 O.R.G.C.T., the east line of a called 19.088 |
|
acre tract described in the deed to Anthony O'Hanlon, Independent |
|
Executor for the Estate of Betty J. O'Hanlon, recorded in Document |
|
No. 2022-29020 O.R.G.C.T., the east line of a called 106.4295 acre |
|
tract described in the deed to DeLay Investments, LLC, recorded in |
|
Volume 4223, Page 621 O.R.G.C.T., the west line of said Parcel One |
|
Third Tract and the west line of said Parcel One Fourth Tract, a |
|
distance of 3,527.27 feet to the POINT OF BEGINNING and containing |
|
1,317.33 acres (57,382,840 square feet) of land, more or less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
8006, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8006.0306 to read as follows: |
|
Sec. 8006.0306. 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 September 1, 2023. |
|
|
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______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 5340 was passed by the House on May |
|
12, 2023, by the following vote: Yeas 102, Nays 38, 2 present, not |
|
voting. |
|
|
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______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 5340 was passed by the Senate on May |
|
24, 2023, by the following vote: Yeas 29, Nays 2. |
|
|
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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|
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_____________________ |
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Governor |