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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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BettencourtX |
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SpringerX |
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EckhardtX |
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GutierrezX |
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HallX |
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NicholsX |
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ParkerX |
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PaxtonX |
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WestX |
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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 Blanton Creek Estates Municipal |
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Utility District of Fannin County; granting a limited power of |
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eminent domain; providing authority to issue bonds; providing |
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authority to impose 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 8009A to read as follows: |
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CHAPTER 8009A. BLANTON CREEK ESTATES MUNICIPAL UTILITY DISTRICT OF |
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FANNIN COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8009A.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 Blanton Creek Estates |
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Municipal Utility District of Fannin County. |
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Sec. 8009A.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. 8009A.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. 8009A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8009A.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. |
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Sec. 8009A.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. 8009A.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. 8009A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 8009A.0202, directors |
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serve staggered four-year terms. |
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Sec. 8009A.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Jonathan Nunn; |
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(2) Jon Anderson; |
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(3) Cody Hancock; |
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(4) Danny Green; and |
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(5) Chad Purser. |
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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 8009A.0103; 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 8009A.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 8009A.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. 8009A.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. 8009A.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. 8009A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 8009A.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. 8009A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 8009A.0306. DIVISION OF DISTRICT. (a) The district |
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may be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) 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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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8009A.0103 to confirm the district's creation. |
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(f) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the 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) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8009A.0103. If the voters of a new district do not confirm |
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the creation of the new district, the assets, obligations, |
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territory, and governance of the new district revert to the |
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original district. |
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(i) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(j) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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8009A.0104 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8009A.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 |
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8009A.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. 8009A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8009A.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. 8009A.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. 8009A.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. 8009A.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. 8009A.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 Blanton Creek Estates Municipal Utility |
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District of Fannin County initially includes all the territory |
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contained in the following area: |
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Being: 101.697 acres of land, a part of the William C. Ingram Survey |
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Abstract Number 558, lying and being situated on the West side of |
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County Road 4515 and the North side of County Road 4516 in Fannin |
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County, Texas. The said 101.697 acre tract being all of a called |
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39.267 acre tract conveyed in a Warranty Deed with Vendor's Lien |
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from Ned Kempson and wife, Dorthaleen Kempson to Michael G. Placke |
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and wife, Kathryn L. Placke of record in Volume 1108, Page 143 in |
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the Official Public Records of Fannin County, Texas and being the |
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remainder of a called 89.056 acre tract conveyed in a Warranty Deed |
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with Vendor's Lien from James A. Reeves to Michael G. Placke and |
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wife, Kathryn L. Placke of record in Volume 1043, Page 1031 in the |
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Official Public Records of Fannin County, Texas. The said 101.697 |
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acre tract being described more particularly by metes and bounds as |
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follows: |
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Beginning at a 1/2" found iron rod at the Southwest corner of the |
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referenced 39.267 acre parent tract, at the Northwest corner of Lot |
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11 of the Forest Glen Addition of record in Cabinet B, Slide 70 and |
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being in the East line of a called 31.026 acre tract conveyed to |
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Martin L. Pineda and Ana B. Urbina in Instrument Number 2021000468 |
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for the Point of Beginning and the Southwest corner of this tract. |
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Thence: N 01°11'18" E a distance of 667.07 feet to a 1/2" found iron |
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rod for a corner of this tract, at a corner of the referenced 39.267 |
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acre parent tract and being at a corner of the referenced Pineda |
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tract. |
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Thence: N 02°26'01" E passing a 1/2" found iron rod at a distance of |
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94.56 feet and continuing a total distance of 145.63 feet to a point |
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near the centerline of Blanton Creek for the Westernmost Northwest |
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corner of this tract, at the Northwest corner of the referenced |
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39.267 acre parent tract and being at the Northeast corner of the |
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referenced Pineda tract. |
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Thence: along 60 calls with the centerline of Blanton Creek (for |
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acreage purposes only) with the approximate courses and distances |
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as follows: |
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| 1. S 65°28'31" E 38.41 feet |
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2. N 66°56'15" E 32.60 feet |
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| 3. N 06°16'43" W 67.93 feet |
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4. N 21°59'41" E 54.39 feet |
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| 5. N 50°15'39" E 43.62 feet |
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6. N 85°29'04" E 50.02 feet |
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| 7. N 53°41'14" E 52.36 feet |
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8. N 01°11'31" W 51.84 feet |
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| 9. N 33°32'34" E 77.42 feet |
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10. S 82°46'56" E 43.91 feet |
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| 11. S 43°00'39" E 34.27 feet |
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12. N 76°11'35" E 45.65 feet |
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| 13. N 05°48'07" W 66.08 feet |
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14. N 08°00'19" E 32.36 feet |
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| 15. N 68°56'29" E 61.61 feet |
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16. N 43°08'28" E 36.43 feet |
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| 17. N 08°13'39" W 54.13 feet |
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18. N 13°21'52" E 29.92 feet |
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| 19. S 83°21'57" E 76.85 feet |
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20. N 09°55'55" E 157.75 feet |
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| 21. N 21°45'12" E 50.94 feet |
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22. S 78°19'18" E 60.68 feet |
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| 23. S 12°01'44" E 50.81 feet |
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24. S 33°01'59" E 37.29 feet |
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| 25. N 69°27'32" E 30.84 feet |
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26. N 53°31'46" E 68.20 feet |
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| 27. N 69°47'02" E 129.13 feet |
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28. N 25°47'33" E 109.60 feet |
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| 29. S 77°12'16" E 38.96 feet |
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30. N 49°55'58" E 30.42 feet |
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| 31. N 24°15'55" W 85.55 feet |
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32. N 08°35'00" E 38.80 feet |
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| 33. N 57°34'06" E 42.08 feet |
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34. S 73°30'35" E 94.34 feet |
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| 35. N 13°22'20" E 49.48 feet |
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36. N 65°32'59" E 53.70 feet |
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| 37. N 12°41'05" E 34.51 feet |
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38. N 03°01'56" W 65.45 feet |
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| 39. N 18°48'56" E 57.65 feet |
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40. N 34°35'40" E 64.36 feet |
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| 41. N 79°50'23" E 33.79 feet |
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42. S 44°33'02" E 56.49 feet |
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| 43. S 88°37'39" E 28.67 feet |
|
44. N 45°24'16" E 49.64 feet |
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| 45. N 80°11'49" E 21.21 feet |
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46. S 60°56'21" E 36.44 feet |
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| 47. N 69°20'02" E 35.82 feet |
|
48. N 21°27'14" E 48.89 feet |
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| 49. S 55°23'13" E 62.54 feet |
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50. S 02°27'49" E 53.31 feet |
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| 51. S 27°40'20" W 54.84 feet |
|
52. S 11°46'24" E 23.29 feet |
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| 53. S 63°51'02" E 56.05 feet |
|
54. N 68°31'08" E 33.59 feet |
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| 55. N 36°59'26" E 48.95 feet |
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56. N 54°46'37" E 86.42 feet |
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| 57. N 40°29'43" E 119.41 feet |
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58. N 04°15'19" W 19.48 feet |
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| 59. N 15°40'17" W 71.81 feet |
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60. N 62°21'03" E 185.19 feet to |
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an "X" cut in the middle of a concrete bridge for the Northernmost |
|
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Northeast corner of this tract, near the centerline of County Road |
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4515, at the Northernmost Northeast corner of the referenced 89.056 |
|
|
acre parent tract remainder and being at the Northwest corner of a |
|
|
called 18.200 acre Tract 8 conveyed to Diane Vestal Williams in |
|
|
Volume 1645, Page 384. |
|
|
Thence: along 4 calls near the centerline of County Road 4515 with |
|
|
the approximate courses and distances as follows: |
|
|
| 1. S 45°36'41" E 327.78 feet |
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2. S 42°19'35" E 220.60 feet |
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| 3. S 40°13'44" E 601.16 feet |
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4. S 12°12'22" E 116.04 feet to |
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a 1/2" set iron rod for an inside Northeast corner of this tract, at |
|
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an inside Northeast corner of the referenced 89.056 acre parent |
|
|
tract remainder and being at the Northernmost Southwest corner of a |
|
|
called 21.033 acre tract conveyed to Xiong Vang and wife, Maylee M. |
|
|
Vang in Volume 1884, Page 434, from which a point near the |
|
|
centerline of a creek at the Northeast corner of the referenced Vang |
|
|
tract bears N 04°01'09" E a distance of 96.79 feet, continuing N |
|
|
41°48'33" W a distance of 87.22 feet and N 56°38'33" E passing a 1/2" |
|
|
found iron rod at a distance of 17.18 feet, continuing and passing a |
|
|
found concrete monument at a distance of 1385.37 feet and |
|
|
continuing a total distance of 1396.01 feet. |
|
|
Thence: S 89°30'10" E a distance of 13.99 feet to a 1/2" set iron rod |
|
|
on the East side of County Road 4515 for a Northeast corner of this |
|
|
tract, at a Northeast corner of the referenced 89.056 acre parent |
|
|
tract remainder and being at an inside Southwest corner of the |
|
|
referenced Vang tract. |
|
|
Thence: S 02°33'50" W a distance of 1267.85 feet to a 1/2" set iron |
|
|
rod for an inside Northeast corner of this tract, at an inside |
|
|
Northeast corner of the referenced 89.056 acre parent tract |
|
|
remainder and being at the Southwest corner of a called 18.200 acre |
|
|
tract conveyed to Gullian Louis in Volume 1021, Page 543. |
|
|
Thence: S 89°28'04" E along the North side of County Road 4515 a |
|
|
distance of 916.52 feet to a 1/2" set iron rod for the Easternmost |
|
|
Northeast corner of this tract, at the Easternmost Northeast corner |
|
|
of the referenced 89.056 acre parent tract remainder, at the |
|
|
Southeast corner of the referenced Louis tract and being in the West |
|
|
line of a called 18.08 acre tract conveyed to Joseph Charles Fetters |
|
|
Jr and Marnie F Fetter in Volume 1330, Page 312, from which a 1/2" |
|
|
found iron rod maintaining a witness monument at the Northwest |
|
|
corner of the referenced Fetters tract bears N 00°55'36" W near the |
|
|
centerline of a creek a distance of 1086.25 feet, continuing N |
|
|
34°53'12" E near the centerline of a creek a distance of 27.96 and |
|
|
continuing S 89°29'28" E a distance of 13.25 feet. |
|
|
Thence: S 00°55'36" E a distance of 10.47 feet to a 1/2" set iron rod |
|
|
near the centerline of County Road 4515 for the Easternmost |
|
|
Southeast corner of this tract, at the Easternmost Southeast corner |
|
|
of the referenced 89.056 acre parent tract remainder, at the |
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Southwest corner of the referenced Fetters tract and being in the |
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North line of a called 60.792 acre tract conveyed to Keith David |
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Welch in Volume 1541, Page 128, from which a 1/2" found iron rod |
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maintaining a witness monument for the Southeast corner of the |
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referenced Fetters tract bears S 89°15'28" E near the centerline of |
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County Road 4515 a distance of 687.16 feet and continuing N 44°16'18 |
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W a distance of 36.00 feet. |
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Thence: N 89°15'45" W near the centerline of County Road 4515 a |
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|
distance of 918.91 feet to a point at the intersection of the |
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centerline of County Road 4515 and the centerline of County Road |
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|
4516 for a corner of this tract, for a corner of the referenced |
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|
89.056 acre parent tract remainder and being in the North line of a |
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called 40.000 acre tract conveyed to Brent Whitsell and spouse, |
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|
Julie A. Whitsell in Volume 2007, Page 26, from which a 1/2" found |
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|
iron rod bears S 13°00'19" W a distance of 4.95 feet. |
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|
Thence: N 89°54'42" W passing a 1/2" found iron rod at the Northeast |
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|
corner of a called 5.333 acre tract conveyed to Ian D. Buchanan and |
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|
Joyce Buchanan in Instrument Number 2021000718 at a distance of |
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|
621.62 feet and continuing a total distance of 1189.07 feet to a |
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pipe fence corner post for a corner of this tract, at the |
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|
Southernmost Southwest corner of the referenced 89.056 acre parent |
|
|
tract remainder, being at the Southeast corner of the referenced |
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|
32.267 acre parent tract and being in the North line of the |
|
|
referenced Buchanan tract. |
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|
Thence: WEST (Reference Bearing) passing a point at the Northwest |
|
|
corner of the referenced Buchanan tract and the Northeast corner of |
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|
a called Lot 10R of the Replat of Lots 9 & 10 of the Forest Glen |
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|
Addition of record in Cabinet C, Slide 151 at a distance of 39.22 |
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|
feet, from which a 1/2" found iron rod bears South 0.48 feet, and |
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|
continuing a total distance of 1436.72 feet to the Point of |
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|
Beginning and containing 101.697 acres of which 1.5 acres lays in a |
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|
public road. |
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|
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. |
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|
(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 |
|
|
8009A, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 8009A.0307 to read as |
|
|
follows: |
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|
Sec. 8009A.0307. 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, 2023. |
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|
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* * * * * |