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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 Tradition Municipal Utility |
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District No. 2 of Denton County; providing authority to impose a tax |
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and issue bonds; granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8189 to read as follows: |
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CHAPTER 8189. TRADITION MUNICIPAL UTILITY DISTRICT |
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NO. 2 OF DENTON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8189.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Tradition Municipal Utility |
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District No. 2 of Denton County. |
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Sec. 8189.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Denton County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8189.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 8189.024 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Denton County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 8189.004. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to impose taxes; |
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(3) the validity of the district's bonds, notes, or |
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indebtedness; or |
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(4) the legality or operation of the district or the |
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board. |
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[Sections 8189.005-8189.020 reserved for expansion] |
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SUBCHAPTER A1. TEMPORARY PROVISIONS |
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Sec. 8189.021. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2007, a person who owns land in the district may submit |
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a petition to the Texas Commission on Environmental Quality |
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requesting that the commission appoint as temporary directors the |
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five persons named in the petition. |
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(b) The commission shall appoint as temporary directors the |
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five persons named in the first petition received by the commission |
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under Subsection (a). |
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(c) If a temporary director fails to qualify for office, the |
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commission shall appoint a person to fill the vacancy. |
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(d) Temporary directors serve until the earlier of: |
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(1) the date directors are elected under Section |
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8189.024; or |
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(2) the date this subchapter expires under Section |
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8189.026. |
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Sec. 8189.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 49.055, Water Code, the |
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temporary directors shall meet at a location in the district |
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agreeable to a majority of the directors. At the meeting, the |
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temporary directors shall elect officers from among the temporary |
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directors and conduct any other district business. |
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Sec. 8189.023. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8189.024 |
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until each municipality in whose extraterritorial jurisdiction the |
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district is located has adopted a resolution after September 1, |
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2007, reconfirming its consent to the creation of the district. |
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Sec. 8189.024. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five directors as |
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provided by Section 49.102, Water Code. |
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Sec. 8189.025. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8189.024 shall draw lots to |
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determine which two shall serve until the first regularly scheduled |
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election of directors under Section 8189.052 and which three shall |
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serve until the second regularly scheduled election of directors. |
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Sec. 8189.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 8189.027-8189.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8189.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 8189.052. ELECTION OF DIRECTORS. On the uniform |
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election date in May of each even-numbered year, the appropriate |
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number of directors shall be elected. |
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[Sections 8189.053-8189.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8189.101. 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. 8189.102. ROAD PROJECTS. (a) To the extent authorized |
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by Section 52, Article III, Texas Constitution, the district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads, or improvements in aid of those roads, |
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inside the district. |
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(b) A road project must meet or exceed all applicable |
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construction standards, zoning and subdivision requirements, and |
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regulatory ordinances of each municipality in whose corporate |
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limits or extraterritorial jurisdiction the district is located. |
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(c) The district may not undertake a road project unless |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located consents by ordinance or |
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resolution. |
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Sec. 8189.103. DIVISION OF DISTRICT; REQUIREMENTS. (a) |
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The district may be divided into two or more new districts only if |
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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) The board may consider a proposal to divide the district |
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on: |
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(1) a petition of a landowner in the district; or |
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(2) a motion by the board. |
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(c) If the board decides to divide the district, the board |
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shall: |
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(1) set the terms of the division, including names for |
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the new districts and a plan for the payment or performance of any |
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outstanding district obligations; |
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(2) prepare a metes and bounds description for each |
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proposed district; and |
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(3) send written notice containing the information |
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required by Subdivisions (1) and (2) to each county and |
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municipality in whose extraterritorial jurisdiction the district |
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is located. |
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(d) Any new district created by the division of the district |
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may not, at the time the new district is created: |
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(1) contain any land outside the area described by |
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Section 2 of the Act creating this chapter; or |
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(2) consist of fewer than 300 acres or more than 500 |
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acres, without obtaining prior consent from the City Council of the |
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City of Fort Worth. |
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(e) The City Council of the City of Fort Worth may refuse to |
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issue a building permit or refuse to commence water service for an |
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area located in the district until the area is in a new district |
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that has been created by the division of the district in accordance |
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with this section. |
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Sec. 8189.104. ELECTION FOR DIVISION OF DISTRICT. (a) Not |
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sooner than the 30th day after the date on which the board has |
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complied with Section 8189.103(c), the board shall hold an election |
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in the district to determine whether the district should be divided |
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as proposed. |
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(b) The board shall give notice of the election not later |
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than the 35th day before the date of the election. The notice must |
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state: |
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(1) the date and location of the election; and |
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(2) the proposition to be voted on. |
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(c) If a majority of the votes cast are in favor of the |
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division: |
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(1) the district is divided; and |
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(2) not later than the 30th day after the date of the |
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election, the district shall provide written notice of the division |
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to: |
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(A) the Texas Commission on Environmental |
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Quality; |
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(B) the attorney general; |
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(C) the Commissioners Court of Denton County; and |
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(D) any municipality having extraterritorial |
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jurisdiction over territory in each new district. |
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(d) If a majority of the votes cast are not in favor of the |
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division, the district may not be divided. |
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Sec. 8189.105. ELECTION OF DIRECTORS OF NEW DISTRICTS. (a) |
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Not later than the 90th day after the date of an election in favor of |
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the division of the district, the board shall: |
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(1) appoint itself as the board of one of the new |
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districts; and |
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(2) appoint five directors for each of the other new |
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districts. |
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(b) Directors appointed under Subsection (a)(1) serve the |
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staggered terms to which they were elected in the original |
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district. Directors appointed under Subsection (a)(2) serve until |
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the election for directors under Subsection (c). |
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(c) On the uniform election date in May of the first |
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even-numbered year after the year in which the directors are |
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appointed, the appointed board shall hold an election to elect five |
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directors in each district for which directors were appointed under |
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Subsection (a)(2). The directors shall draw lots to determine |
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which two shall serve until the next regularly scheduled election |
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of directors and which three shall serve until the second regularly |
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scheduled election of directors. |
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Sec. 8189.106. CONTINUING POWERS AND OBLIGATIONS OF NEW |
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DISTRICTS. (a) Each new district may incur and pay debts and has |
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all powers of the original district created by this chapter, |
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including the power to divide into two or more districts. |
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(b) If the district is divided as provided by this |
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subchapter, the current obligations and any bond authorizations of |
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the district are not impaired. Debts shall be paid by revenue or by |
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taxes or assessments imposed on real property in the district as if |
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the district had not been divided or by contributions from each new |
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district as stated in the terms set by the board under Section |
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8189.103(c). |
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(c) Any other district obligation is divided pro rata among |
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the new districts on an acreage basis or on other terms that are |
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satisfactory to the new districts. |
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Sec. 8189.107. COMPLIANCE WITH MUNICIPAL ORDINANCES OR |
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RESOLUTIONS. The original district and any new district created by |
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the division of the district shall comply with all applicable |
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requirements of any ordinance or resolution adopted by the City |
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Council of the City of Fort Worth that consents to the creation of |
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the district . |
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Sec. 8189.108. PAYMENT OF IMPACT FEES. (a) A municipality |
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that provides water or wastewater service to a new development |
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located in the district or in a district created under this |
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subchapter may impose impact fees as provided by Chapter 395, Local |
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Government Code. |
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(b) Notwithstanding the provisions of Chapter 395, Local |
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Government Code, regarding the time and method of payment of impact |
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fees, the fees may be paid by the district, a district created under |
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this subchapter, the landowner, or the developer under an agreement |
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with the municipality. |
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Sec. 8189.109. LIMIT ON EMINENT DOMAIN POWER. The district |
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may exercise the power of eminent domain outside the district only |
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to acquire an easement necessary for pipeline, storm water, or |
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drainage facilities that serve the district. |
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[Sections 8189.110-8189.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8189.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds issued under |
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Section 8189.201. |
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[Sections 8189.152-8189.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8189.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other obligations |
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as provided by Chapters 49 and 54, Water Code, to finance the |
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construction, maintenance, or operation of projects under Sections |
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8189.101 and 8189.102. |
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(b) The district may not issue bonds to finance projects |
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authorized by Section 8189.102 unless the issuance is approved by a |
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vote of a two-thirds majority of the voters of the district voting |
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at an election called for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8189.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 2. The Tradition Municipal Utility District No. 2 |
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of Denton County initially includes all the territory contained in |
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the following area: |
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BEING a 1,922.737 acre tract of land in the G. Cardinas Survey, |
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Abstract No. 214, the James Chesier Survey, Abstract No. 225, the |
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W.D. Reed Survey, Abstract No. 1125, the W.C. Brookfield Survey, |
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Abstract No. 34, and the W.A. Ferris Survey, Abstract No. 419 |
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situated in Denton County, Texas and being a combination of a |
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portion of those tracts conveyed to Aperion Communities, L.L.L.P. |
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(Aperion Tract One-A and Aperion Tract One-B), by deed recorded |
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under County Clerk's File No. 2004-11913 of the Real Property |
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Records of Denton County, Texas (RPRDCT), that tract conveyed to |
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Nancy Talley Reynolds, et al, by deed recorded in Volume 2301, Page |
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223 RPRDCT, a portion of that tract conveyed to Aperion |
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Communities, L.L.L.P. by deed recorded under County Clerk's File |
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No. 2003-190652 RPRDCT (Aperion Tract Two), that tract conveyed to |
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Rocksand Investments, LLLP by deed recorded in Instrument Number |
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2005-30851 RPRDCT and those tracts recorded in Volume 5128, Page |
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3102 and Volume 5119, Page 715, RPRDCT and being more particularly |
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described as follows: |
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TRACT ONE |
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COMMENCING at a capped 5/8" iron pin found, said iron pin also being |
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on the north right-of-way line of State Highway No. 114, said iron |
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pin also being on the west line of said Alliance 161 Investments |
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tract, said iron pin also being on the east line of a tract conveyed |
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to Betty Marie McIntyre, et al, by deed recorded in Volume 2906, |
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Page 363 RPRDCT; THENCE |
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N 00°32'36" W along the west line of said Alliance 161 Investments |
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tract and the east line of said McIntyre, et al, tract recorded in |
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Volume 2906, Page 363 RPRDCT, a distance of 3701.24 feet to a 3/8" |
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iron pin found; THENCE N 89°39'59" E along the north line of said |
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Alliance 161 Investments tract and the east line of said McIntyre, |
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et al, tract recorded in Volume 2906, Page 363 RPRDCT, a distance of |
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1826.89 feet to a 1/2" iron pin found, said iron pin also being on |
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the west line of said Aperion Tract One-A; THENCE N 00°22'44" W |
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along the east line of said McIntyre, et al, tract recorded in |
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Volume 2906, Page 363 RPRDCT, and the west line of said Aperion |
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Tract One-A, a distance of 1294.80 feet to a capped 1/2" iron pin |
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set, said capped iron pin set also being on the west line of said |
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Nancy Reynolds Talley, et al tract, said iron pin also being the |
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POINT OF BEGINNING of the herein described tract; |
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THENCE N 00°22'44" W along the east line of said McIntyre, et al, |
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tract recorded in Volume 2906, Page 363 RPRDCT, and the west line of |
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said Aperion Tract One-A, a distance of 102.53 feet to a capped 1/2" |
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iron pin set |
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THENCE N 57°46'29" W along the east line of said McIntyre, et al, |
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tract recorded in Volume 2906, Page 363 RPRDCT, the east line of a |
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tract conveyed to Peggy Jeannine Eaton and Betty Marie McIntyre by |
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deed recorded under County Clerk's File No. 2003-203215 and the |
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west line of said Nancy Reynolds Talley, et al tract, a distance of |
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253.45 feet to a 1/2" iron pin found; |
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THENCE N 00°21'32" E along the east line of said Peggy Jeannine Eaton |
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and Betty Marie McIntyre tract and the west line of said Nancy |
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Reynolds Talley, et al tract, a distance of 1364.27 feet to a |
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railroad spike found, said railroad spike also being on a west line |
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of said Aperion Tract One-A, said railroad spike also being in Sam |
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Reynolds Road; |
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THENCE N 00°12'20" W along the east line of said Peggy Jeannine Eaton |
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and Betty Marie McIntyre tract and the west line of said Aperion |
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Tract One-A and in Sam Reynolds Road, a distance of 2791.88 feet to |
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a railroad spike found; |
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THENCE S 89°52'16" W along the north line of said Peggy Jeannine |
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Eaton and Betty Marie McIntyre tract and the west line of said |
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Aperion Tract One-A and in Sam Reynolds Road, a distance of 1909.29 |
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feet to a 5/8" iron pin found, said iron pin also being on the east |
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line of Indian Trails Phase 1, an addition to Denton County, Texas |
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as recorded in Cabinet G, Page 311 of the Plat Records of Denton |
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County, Texas (PRDCT); |
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THENCE N 00°09'15" W along the west line of said Aperion Tract One-A, |
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the east line of said Indian Trails Phase 1, the east line of a tract |
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conveyed to Avondale Ranch by deed recorded in Volume 5289, Page |
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4253 RPRDCT and in Sam Reynolds Road, a distance of 1437.47 feet to |
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a 60d nail in asphalt found, said 60d nail also being the southwest |
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corner of a tract conveyed to Milton High by deed recorded in Volume |
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501, Page 248 RPRDCT; |
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THENCE N 76°15'28" E along the west line of said Aperion Tract One-A |
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and the south line of said High tract, a distance of 381.87 feet to a |
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1/2" iron pin found; |
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THENCE N 00°18'58" W along the west line of said Aperion Tract One-A |
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and the east line of said High tract, a distance of 307.76 feet to a |
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1/2" iron pin found; |
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THENCE S 89°55'09" W along the west line of said Aperion Tract One-A |
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and the north line of said High tract, a distance of 370.41 feet to a |
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60d nail found, said 60d nail also being on the east line of said |
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Avondale Ranch tract and in Sam Reynolds Road; |
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THENCE N 00°12'09" W along the west line of said Aperion Tract One-A, |
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the east line of said Avondale Ranch tract, the east line of a tract |
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conveyed to W.E. Wilkerson by deed recorded in Volume 960, Page 35 |
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RPRDCT, the east line of a tract conveyed to Edward Zelnik, et ux |
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Janet by deed recorded in Volume 4062, Page 1905 RPRDCT, the east |
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line of a tract conveyed to J. Lloyd Barksdale, et ux Dorthy by deed |
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recorded in Volume 829, Page 271 RPRDCT, the east line of a tract |
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conveyed to J. Lloyd Barksdale, et ux Dorthy by deed recorded in |
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Volume 829, Page 275 RPRDCT, the east line of a tract conveyed to |
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Gary Lynn Barksdale, et ux Toni Gayle by deed recorded in Volume |
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1545, Page 427 RPRDCT, the east line of a tract conveyed to Bobby J. |
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Henry by deed recorded in Volume 5028, Page 3683 RPRDCT, and in Sam |
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Reynolds Road, a distance of 3495.34 feet to a railroad spike found, |
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said railroad spike also being on the south line of a tract conveyed |
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to Margaret DiNapoli, et al, by deed recorded in Volume 4522, Page |
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2063 RPRDCT; |
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THENCE S 89°57'51" E along the west line of said Aperion Tract One-A |
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and the south line of said Margaret DiNapoli, et al tract, a |
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distance of 509.83 feet to a 5/8" iron pin found, said iron pin also |
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being on the west line of a tract conveyed to Archie Eddleman by |
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deed recorded in Volume 2322, Page 824 RPRDCT; |
|
THENCE S 00°14'31" E along the west line of said Aperion Tract One-A |
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and the west line of said Eddleman tract, a distance of 226.43 feet |
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to a 1/2" iron pin found; |
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THENCE N 89°05'10" E along the west line of said Aperion Tract One-A |
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and the south line of said Eddleman tract, a distance of 870.61 feet |
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to a 5/8" iron pin found, said iron pin also being the southwest |
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corner of a tract conveyed to Ricky Iverson by deed recorded in |
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Volume 4718, Page 362 RPRDCT; |
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THENCE N 88°48'54" E along the west line of said Aperion Tract One-A |
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and the south line of said Iverson tract and the south line of a |
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tract conveyed to Carol Theis by deed recorded in Volume 1038, Page |
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887 RPRDCT, a distance of 1598.77 feet to a 1/2" iron pin found; |
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THENCE N 00°24'54" W along the west line of said Aperion Tract One-A |
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and the east line of said Theis tract and the east line of a tract |
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conveyed to S.R. Harper by deed recorded in Volume 1726, Page 31 |
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RPRDCT, a distance of 907.14 feet to a 1/2" iron pin found, said |
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iron pin also being the southeast corner of a tract conveyed to Roy |
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Chastain by Contract of Sale recorded under County Clerk's File No. |
|
97-R0021328 RPRDCT; |
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THENCE N 00°43'24" W along the west line of said Aperion Tract One-A |
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and the east line of said Chastain tract, a distance of 423.43 feet |
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to a 1/2" iron pin found, said iron pin also being the southeast |
|
corner of said Aperion Tract Two; |
|
THENCE S 88°53'01" W along the south line of said Aperion Tract Two |
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and the north line of said Chastain tract, a distance of 1193.21 |
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feet to a capped 1/2" iron pin found, said iron pin also being on the |
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east line of a tract conveyed to Wayne Harris by deed recorded in |
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Volume 976, Page 42 RPRDCT; |
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THENCE N 00°35'15" W along the west line of said Aperion Tract Two |
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and the east line of said Harris tract, the east line of a tract |
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conveyed to John McCurry by deed recorded in Volume 971, Page 697 |
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RPRDCT, the east line of a tract conveyed to Samuel Haynes by deed |
|
recorded in Volume 962, Page 43 RPRDCT, and the east line of a tract |
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conveyed to Howell Choate by deed recorded in Volume 924, Page 921 |
|
RPRDCT, a distance of 2336.13 feet to a 1/2" iron pin found, said |
|
iron pin also being the southwest corner of a tract conveyed to The |
|
Pennington Family Trust by deed recorded in Volume 4833, Page 525 |
|
RPRDCT; |
|
THENCE S 88°03'05" E along the north line of said Aperion Tract Two |
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and the south line of said Pennington Family Trust tract recorded in |
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Volume 4833, Page 525 RPRDCT, a distance of 977.84 feet to a capped |
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1/2" iron pin previously set, said iron pin also being on the north |
|
line of Aperion Tract One-A; |
|
THENCE N 00°33'20" W, departing the south line of said Pennington |
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Family Trust tract and the north line of said Aperion Tract One-A, a |
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distance of 723.83 feet to a capped 1/2" iron pin previously set, |
|
said iron pin also being on the south right-of-way line of F.M. 407 |
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(90' R.O.W.); |
|
THENCE N 89°26'40" E, along the south right-of-way line of said F.M. |
|
407 and along the north line of said Pennington Family Trust tract, |
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a distance of 170.00 feet to a capped 1/2" iron pin previously set; |
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THENCE S 00°33'20" E, departing the south right-of-way line of said |
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F.M. 407 and the north line of said Pennington Family Trust tract, a |
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distance of 731.26 feet to a capped 1/2" iron pin previously set, |
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said iron pin also being on the south line of said Pennington Family |
|
Trust tract and the north line of Aperion Tract One-A; |
|
THENCE S 88°03'05" E along the north line of said Aperion Tract One-A |
|
and the south line of said Pennington Family Trust tract, a distance |
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of 42.05 feet to a 1/2" iron pin found, said iron pin also being on |
|
the north line of Aperion Tract One-A; |
|
THENCE N 89°00'24" E along the north line of said Aperion Tract |
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One-A, the south line of said Pennington Family Trust tract |
|
recorded in Volume 4833, Page 525 RPRDCT and the south line of a |
|
tract conveyed to The Pennington Family Trust by deed recorded in |
|
Volume 4833, Page 521 RPRDCT, a distance of 1146.79 feet to a 1/2" |
|
iron pin found, said iron pin also being on the southerly |
|
right-of-way line of Farm-to-Market Road No. 407 (F.M. 407) (90' |
|
ROW); |
|
THENCE S 50°10'01" E along the north line of said Aperion Tract One-A |
|
and the southerly right-of-way line of F.M. 407, a distance of |
|
682.19 feet to a capped 1/2" iron pin set, said iron pin also being |
|
the Point of Curvature of a circular curve to the left having a |
|
radius of 617.96 feet, a central angle of 39°44'46" and being |
|
subtended by a chord which bears S 70°02'24" E , 420.13 feet; |
|
THENCE along said curve to the left and the north line of said |
|
Aperion Tract One-A and the southerly right-of-way line of F.M. |
|
407, a distance of 428.68 feet to a capped 1/2" iron pin set; |
|
THENCE S 89°54'47" E tangent to said curve and along the north line |
|
of said Aperion Tract One-A and the southerly right-of-way line of |
|
F.M. 407, a distance of 458.09 feet to a point on the east line of |
|
the City of Fort Worth ETJ line and the west line of the Town of |
|
Northlake ETJ line; |
|
THENCE S 00°00'00" W, departing the north line of said Aperion Tract |
|
One-A and the southerly right-of-way line of said F.M 407, along the |
|
east line of the City of Fort Worth ETJ line and along the west line |
|
of the Town of Northlake ETJ line, a distance of 2998.33 feet to a |
|
point on the north line of a tract conveyed to Patricia Malloy by |
|
deed recorded in Volume 769, Page 965 RPRDCT; |
|
THENCE S 88°57'42" W along the east line of said Aperion Tract One-A |
|
and the north line of the north line of said Patricia Malloy tract, |
|
a distance of 802.46 feet to a 5/8" iron pin found; |
|
THENCE S 00°10'33" E along the east line of said Aperion Tract One-A |
|
and the west line of said Patricia Malloy tract, a distance of |
|
3748.38 feet to a 5/8" iron pin found, said iron pin also being the |
|
northwest corner of Riggs Place, an addition to Denton County, |
|
Texas as recorded in Cabinet E, Page 359 PRDCT; |
|
THENCE S 00°17'37" E along the east line of said Aperion Tract One-A, |
|
the west line of said Riggs Place and the west line of a remainder |
|
tract conveyed to James Riggs, Jr., et ux Deborah, by deed recorded |
|
in Volume 870, Page 444 RPRDCT, a distance of 4211.11 feet to a 1/2" |
|
iron pin found, said iron pin also being in Sam Reynolds Road; |
|
THENCE N 89°56'15" E along the east line of said Aperion Tract One-A, |
|
the south line of said James Riggs, Jr. remainder tract, the south |
|
line of said Riggs Place, the south line of Sunflower Meadows, an |
|
addition to Denton County, Texas as recorded in Cabinet O, Page 122 |
|
PRDCT, the south line of Sage Meadows, Phase One, an addition to |
|
Denton County, Texas as recorded in Cabinet M, Page 208 PRDCT; the |
|
south line of a tract conveyed to Locust Thorn, L.P., by deed |
|
recorded in Volume 4009, Page 321 RPRDCT, the south line of Foxbane |
|
Estates, an addition to Denton County, Texas as recorded in Cabinet |
|
H, Page 24 PRDCT and in Sam Reynolds Road, a distance of 3409.24 |
|
feet to a capped 1/2" iron pin set, said iron pin also being the |
|
original northwest corner of Peyton Place, Phase One, an addition |
|
to Denton County, Texas as recorded in Cabinet M, Page 266 PRDCT; |
|
THENCE S 00°15'21" E along the east line of said Aperion Tract One-A, |
|
the west line of said Peyton Place, Phase One and the west line of |
|
Peyton Place, Phase Two, an addition to Denton County, Texas as |
|
recorded in Cabinet P, Page 50 PRDCT, a distance of 1482.19 feet to |
|
a 1/2" iron pin found, said iron pin also being the northeast corner |
|
of a tract conveyed to Rocksand Investments, LLLP by deed recorded |
|
in Instrument Number 2005-30851 RPRDCT; |
|
THENCE S 00°03'07" E along the east line of said Rocksand |
|
Investments tract, a distance of 503.35 feet to a 1/2" iron pin |
|
found, said iron pin also being on the northwesterly line of a tract |
|
conveyed to The Atchison, Topeka and Santa Fe Railway Company by |
|
deed recorded under County Clerk's File No. 93-R0020408 RPRDCT; |
|
said iron pin also being the Point of Curvature of a non-tangent |
|
circular curve to the left having a radius of 5829.65 feet, a |
|
central angle of 19°15'23" and being subtended by a chord which |
|
bears S 54°00'43" W, 1950.06 feet; |
|
THENCE along said curve to the left and the northwesterly line of |
|
said Atchison, Topeka and Santa Fe Railway Company tract, a |
|
distance of 1959.27 feet to a 1/2" iron pin found; |
|
THENCE S 44°23'02" W along the northwesterly line of said Atchison, |
|
Topeka and Santa Fe Railway Company tract, a distance of 27.66 feet |
|
to a 5/8" iron pin found; |
|
THENCE N 45°36'58" W along the northwesterly line of said Atchison, |
|
Topeka and Santa Fe Railway Company tract, a distance of 50.00 feet |
|
to a 5/8" iron pin found; |
|
THENCE S 44°23'02" W along the northwesterly line of said Atchison, |
|
Topeka and Santa Fe Railway Company tract, a distance of 1446.37 |
|
feet to a 5/8" iron pin found, said iron pin being on the east line |
|
of said Aperion Tract One-A and the west line of said Rocksand |
|
Investments tract; |
|
THENCE N 00°07'20" W along the east line of said Aperion Tract One-A |
|
and the west line of said Rocksand Investments tract, a distance of |
|
857.55 feet to a capped 1/2" iron pin set; |
|
THENCE N 90°00'00" W, departing the east line of said Aperion Tract |
|
One-A and the west line of said Rocksand Investments tract, a |
|
distance of 773.31 feet to a capped 1/2" iron pin set; |
|
THENCE N 65°58'36" W, a distance of 1029.92 feet to a capped 1/2" |
|
iron pin set; |
|
THENCE N 44°08'03" W, a distance of 999.82 feet to a capped 1/2" iron |
|
pin set; |
|
THENCE N 52°34'22" W, a distance of 867.86 feet to a capped 1/2" iron |
|
pin set; |
|
THENCE N 86°14'27" W, a distance of 222.13 feet to the POINT OF |
|
BEGINNING and containing 59,787,842 square feet or 1372.540 acres |
|
of land, more or less. |
|
TRACT TWO |
|
BEING a 550.197 acre tract of land in the W.C. Brookfield Survey, |
|
Abstract No. 34, situated in Denton County, Texas and being that |
|
same tract of land as described in deeds recorded in Volume 5128, |
|
Page 3102 and Volume 5119, Page 715 of the Real Property Records of |
|
Denton County, Texas (RPRDCT) and being more particularly described |
|
as follows: |
|
BEGINNING at a point in the north line of F.M. 407 at the southeast |
|
corner of the herein described tract of land, said point lying in |
|
the west line of a tract of land as described in deed to Bill |
|
Pennington, recorded in Volume 572, Page 131, RPRDCT; |
|
THENCE along the north line of said F.M. 407, as follows: |
|
Northwesterly, along a curve to the left, having a radius point that |
|
bears S 18°06'28" W, 624.31 feet, an arc distance of 204.03 feet, a |
|
central angle of 18°43'31" and being subtended by a chord which |
|
bears N 81°15'18" W, 203.13 feet; |
|
S 89°22'57" W, a distance of 1876.49 feet; |
|
S 89°18'36" W, a distance of 1931.01 feet; |
|
THENCE N 00°04'03" W, departing the north line of said F.M. 407, a |
|
distance of 2834.59 feet; |
|
THENCE N 00°00'51" E, a distance of 1161.59 feet; |
|
THENCE N 00°04'13" E, a distance of 1244.99 feet to the northwest |
|
corner of the herein described tract of land; |
|
THENCE, being adjoined to the north by a tract of land as described |
|
in deed to Orville Rogers, recorded in Document No. 94-R0029773, |
|
RPRDCT, along the north line of the herein described tract of land, |
|
as follows: |
|
S 89°37'03" E, a distance of 5409.41 feet; |
|
S 00°32'35" W, a distance of 352.79 feet; |
|
N 89°46'56" E, a distance of 651.45 feet; |
|
THENCE S 00°44'37" E, being adjoined to the east by a tract of land |
|
as described in deed to Laura Carter Johnson, recorded in Volume |
|
3038, Page 713, RPRDCT, a distance of 1372.47 feet; |
|
THENCE N 85°16'40" W, a distance of 2099.00 feet; |
|
THENCE S 00°24'45" E, being adjoined to the east by the |
|
aforementioned Pennington tract, a distance of 3642.68 feet to the |
|
POINT OF BEGINNING and containing 550.197 acres, 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. This Act takes effect September 1, 2007. |