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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 Kimberlin Ranch Municipal Utility |
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District No. 3 of Grayson County; providing authority to impose a |
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tax and issue bonds; granting the 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 8266 to read as follows: |
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CHAPTER 8266. KIMBERLIN RANCH MUNICIPAL UTILITY DISTRICT NO. 3 OF |
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GRAYSON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8266.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Kimberlin Ranch Municipal |
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Utility District No. 3 of Grayson County. |
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Sec. 8266.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Grayson County created under and |
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essential to accomplish the purposes of Section 52, Article III, |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 8266.003. 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 8266.023 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Grayson County any assets that |
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remain after the payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 8266.004. 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 8266.005-8266.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8266.021. 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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8266.023; or |
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(2) the date this chapter expires under Section |
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8266.003. |
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Sec. 8266.022. 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. 8266.023. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION; ANNEXATION BY CITY. (a) The temporary directors shall |
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hold an election to confirm the creation of the district and to |
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elect five directors as provided by Section 49.102, Water Code. |
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(b) The temporary directors may not hold the election until |
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the City of Gunter has annexed into its corporate limits all |
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territory described by Section 2 of the Act creating this chapter. |
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Sec. 8266.024. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8266.023 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 and which three shall serve until the second |
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regularly scheduled election of directors. |
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Sec. 8266.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 8266.026-8266.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8266.051. GOVERNING BODY; 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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[Sections 8266.052-8266.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8266.101. 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. 8266.102. WATER AND WASTEWATER FACILITIES AND |
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SERVICES. (a) The district shall make available any district water |
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or wastewater facility to each person that holds a certificate of |
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convenience and necessity for land in the district. |
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(b) The district may not provide retail water or wastewater |
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services. |
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Sec. 8266.103. 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 turnpikes, or improvements in aid of |
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those roads or turnpikes, inside the district. |
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(b) A road project must meet all applicable construction |
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standards, subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located. |
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Sec. 8266.104. MAINTENANCE AND REPAIR OF ROADS IN TERRITORY |
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EXCLUDED FROM CITY. If the City of Gunter excludes district |
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territory from the city's corporate limits, the district shall |
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maintain, improve, operate, and repair any road located in that |
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territory in accordance with the ordinances and rules of each |
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political subdivision in whose jurisdiction the road is located. |
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Sec. 8266.105. DIVISION OF DISTRICT. (a) The district may |
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be divided into two 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) The division procedure is prescribed by Sections 53.030 |
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through 53.041, Water Code. |
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(c) Any new district created by the division of the district |
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has all the powers and duties of the district. |
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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, contain any land: |
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(1) outside the area described by Section 2 of the Act |
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creating this chapter; or |
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(2) outside the corporate limits of the city of |
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Gunter. |
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Sec. 8266.106. LIMITATION ON ANNEXATION. (a) The district |
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may not add land to the district under Subchapter J, Chapter 49, |
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Water Code, if the land is located outside the corporate limits of |
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the city of Gunter. |
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(b) Section 43.075, Local Government Code, does not apply to |
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the district. |
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[Sections 8266.107-8266.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8266.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds or other |
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obligations issued under Section 8266.201. |
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[Sections 8266.152-8266.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8266.201. 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 a project under Section |
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8266.101 or 8266.103. |
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(b) The district may not issue bonds or other obligations to |
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finance projects authorized by Section 8266.103 unless the issuance |
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is approved by a vote of a two-thirds majority of the district |
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voters voting at an election held 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 8266.103 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 Kimberlin Ranch Municipal Utility District |
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No. 3 of Grayson County includes all the territory contained in the |
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following area: |
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All that certain tract or parcel of land situated in the Ricardo |
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Garcia Survey, Abstract Number 446 and the M.S. Herrera Survey, |
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Abstract Number 545, County of Grayson, State of Texas, said tract |
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being all of a 303.943 acre tract as described in Deed to Morris |
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Morgan Jr., et ux, Bonita Morgan, filed 26 October 1996, and |
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Recorded in Volume 2364 Page 637, and all of a 20.333 acre tract as |
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described in Deed to Morris Morgan Jr., et ux, Bonita Morgan, filed |
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02 May 2003, and Recorded in Volume 3446 Page 71, and all of a |
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22.469 acre tract as described in Deed to Morris Morgan Jr., et ux, |
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Bonita Morgan, filed 20 February 2004, and Recorded in Volume 3616 |
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Page 79 of the Deed Records of the County of Grayson, State of |
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Texas, and being more fully described as follows: |
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Beginning for the southeast corner of the tract being described |
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herein at a found 3\4 inch Steel Rod, said rod being the southeast |
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corner of said Morgan 303.943 acre tract, and the northeast corner |
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of a tract as described in Deed to Martinek Grain & Bin Inc,, filed |
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03 August 1994, and Recorded in Volume 2352 Page 18 of said Deed |
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Records, said rod also being in Scharff Road (gravel surfaced); |
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Thence: South 88 degrees 48 minutes 47 seconds West, with the south |
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line of said Morgan 303.943acre tract, and passing at 22.90 feet a |
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wood fence corner post on the west side of said road, and continuing |
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on said course for a total distance of 3725.83 feet to a found 1\2 |
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inch Steel Square Tubing with a plastic cap marked Cox 4577 for the |
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southwest corner of said Morgan 303.943 acre tract, and the |
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southeast corner of said Morgan 20.333 acre tract; |
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Thence: South 89 degrees 50 minutes 58 seconds West, with the south |
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line of said Morgan 20.333 acre tract, a distance of 624.98 feet to |
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a found 1\2 inch Steel Square Tubing with a plastic cap marked COX |
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4577 for the southwest corner of said Morgan 20.333 acre tract, and |
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the southeast corner of said Morgan 22.469 acre tract; |
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Thence: South 89 degrees 52 minutes 55 seconds West, with the south |
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line of said Morgan 22.469 acre tract, a distance of 719.91 feet to |
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a found 1\2 inch Steel Square Tubing with a plastic cap marked COX |
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4577 for the southwest corner of said Morgan 22/469 acre tract; |
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Thence: North 01 degrees 01 minutes 06 seconds West, with the west |
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line of said Morgan 22.469 acre tract, a distance of 1400.92 feet to |
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a found 1\2 inch Steel Rebar by a wood Fence corner Post for the |
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northwest corner of said Morgan 22.469 acre tract, and an ell corner |
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of said Morgan 303.943 acre tract; |
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Thence: North 01 degrees 01 minutes 06 seconds West, with the west |
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line of said Morgan 303.943 acre tract, a distance of 1583.19 feet |
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to a found 1\2 inch Steel Rebar by a wood Fence corner Post for the |
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northwest corner of said Morgan 303.943 acre tract; |
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Thence: North 89 degrees 11 minutes 45 seconds East, with the north |
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line of said Morgan 303.943acre tract, a distance of 1378.61 feet to |
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a found 1\2 inch Steel Rebar by a wood fence corner post for a |
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corner; |
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Thence: North 89 degrees 04 minutes 46 seconds East, with the north |
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line of said Morgan 303.943 tract, a distance of 3678.41 feet to a |
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found 3\4 inch Steel Rod for th3e northeast corner of said Morgan |
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303.943 acre tract, and in Scharff Road. |
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Thence: South 01 degrees 16 minutes 42 seconds East, with the east |
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line of said Morgan 303.943 tract, and in said road, a distance of |
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2982.52 feet to the POINT OF BEGINNING and containing 347.744 acres |
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of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect September 1, 2007. |