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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 East Denton County Water Control and |
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Improvement District No. 1; providing authority to impose a tax and |
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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 I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9029 to read as follows: |
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CHAPTER 9029. EAST DENTON COUNTY WATER CONTROL AND IMPROVEMENT |
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DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9029.001. 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 East Denton County Water |
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Control and Improvement District No. 1. |
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Sec. 9029.002. NATURE OF DISTRICT. The district is a water |
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control and improvement 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. 9029.003. 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 9029.023 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 Denton 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. 9029.004. 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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other indebtedness; or |
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(4) the legality or operation of the board. |
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[Sections 9029.005-9029.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 9029.021. 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 |
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commission. |
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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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9029.023; or |
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(2) the date this chapter expires under Section |
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9029.003. |
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Sec. 9029.022. 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. If a location cannot be |
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agreed upon, the meeting shall be at the Denton County Courthouse. |
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At the meeting the temporary directors shall elect officers from |
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among the temporary directors and conduct any other district |
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business. |
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Sec. 9029.023. 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. 9029.024. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 9029.023 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 under Section 9029.052 and which three shall |
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serve until the second regularly scheduled election of directors. |
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Sec. 9029.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 9029.026-9029.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9029.051. 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. 9029.052. 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 9029.053-9029.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9029.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. The district has the powers and duties provided |
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by the general law of this state, including Chapters 49 and 51, |
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Water Code, applicable to water control and improvement districts |
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created under Section 59, Article XVI, Texas Constitution, |
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including the powers provided by Section 51.331, Water Code. |
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Sec. 9029.102. 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 and regulatory ordinances of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located. If the district is located |
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outside the extraterritorial jurisdiction of a municipality, a road |
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project must meet or exceed all applicable construction standards |
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and regulatory ordinances of each county in which the district is |
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located. |
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[Sections 9029.103-9029.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9029.151. 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 9029.201. |
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[Sections 9029.152-9029.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 9029.201. 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 51, Water Code, to finance the |
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construction, maintenance, or operation of projects under Sections |
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9029.101 and 9029.102. |
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(b) The district may not issue bonds to finance projects |
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authorized by Section 9029.102 unless the issuance is approved by a |
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vote of a two-thirds majority of district voters voting at an |
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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 9029.102 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 East Denton County Water Control and |
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Improvement District No. 1 initially includes all the territory |
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contained in the following area: |
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BEING a parcel or tract of land situated in the F. Wilkerson Survey, |
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Abstract No. 1411, the T.B. Cox Survey, Abstract No. 309, the |
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Carroll Jackson Survey, Abstract No. 1546, the Jacob Rue Survey, |
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Abstract No. 1109, and the Hiram Rue Survey, Abstract No. 1111, in |
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the County of Denton, Texas, and being all of those tracts of land |
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described to Mike A. Myers Investment Holdings, LTD. by deeds |
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recorded in Clerk File No. 05-33382, Clerk File No. 05-33384, and |
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Clerk File No. 05-93340, Deed Records, Denton County, Texas, and |
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being more particularly described by metes and bounds as follows: |
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BEGINNING at a point for corner in the approximate centerline of |
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Crutchfield Road, said point being at the Northeasterly corner of a |
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tract of land described to Tarsan Corp. by deed recorded in Clerk |
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File No. 02-108524, Deed Records, Denton County, Texas, and being |
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in the Southerly line of a tract of land described to Affordable |
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Housing Community by deed recorded in Clerk File No. 00-116799, |
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Deed Records, Denton County, Texas, and also being at the |
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Northwesterly corner of said Mike A. Myers tract recorded in Clerk |
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File No. 05-33384; |
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THENCE South 89 deg. 23 min. 12 sec. East, departing the easterly |
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line of said Tarsan Corp. tract, following the Southerly line of |
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said Affordable Housing Community tract, the Southerly line of a |
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tract of land described to Jan Wiatrzyk by deed recorded in Clerk |
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File No. 03-93331, Deed Records, Denton County, Texas, the |
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Southerly line of a tract of land described to Jan M. & Margaret |
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Paliwoda by deed recorded in Clerk File No. 99-65880, Deed Records, |
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Denton County, Texas and following the Northerly line of said Mike |
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A. Myers tract recorded in Clerk File No. 05-33384, a distance of |
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1657.64 feet to a point for corner in the Westerly line of a said |
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Mike A. Myers tract recorded in Clerk File No. 05-33382; |
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THENCE North 00 deg. 44 min. 29 sec. East, departing the Northerly |
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line of said Mike A. Myers tract recorded in Clerk File No. 05-33384 |
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and following the Easterly line of said Jan M. & Margaret Paliwoda |
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tract, the Easterly line of a tract of land described to Fashand |
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Farm, LTD. by deed recorded in Clerk File No. 05-21653, Deed |
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Records, Denton County, Texas, and following the Westerly line of |
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said Mike A. Myers tract recorded in Clerk File No. 05-33382, a |
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distance of 858.60 feet to a point for corner in the Southwesterly |
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corner of a tract of land described to Rita L. Sorrells by deed |
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recorded in Clerk File No. 97-00903223, Deed Records, Denton |
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County, Texas; |
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THENCE South 89 deg. 36 min. 28 sec. East, departing the Easterly |
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line of said Fashand Farm, LTD. tract, following the Southerly line |
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of said Rita L. Sorrells tract, and the Northerly line of said Mike |
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A. Myers tract recorded in Clerk File No. 05-33382, a distance of |
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1759.25 feet to a point for corner at the Northwesterly corner of a |
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tract of land described to J.C. & Muriel Jackson, ET AL by deed |
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recorded in Clerk File No. 97-00903223, Deed Records, Denton |
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County, Texas; |
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THENCE South 00 deg. 29 min. 54 sec. West, departing the Southerly |
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line of said Rita L. Sorrells tract, following the Westerly line of |
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said J.C. & Muriel Jackson tract, and the Easterly line of said Mike |
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A. Myers tract recorded in Clerk File No. 05-33382, a distance of |
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2685.00 feet to a point for corner in the Northerly line of a tract |
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of land described to Sammie & John Carey by deed recorded in Volume |
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2336, Page 541, Deed Records, Denton County, Texas; |
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THENCE North 89 deg. 52 min. 58 sec. West, departing the Westerly |
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line of said J.C. & Muriel Jackson tract, following the Northerly |
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line of said Sammie & John Carey tract, and following the Southerly |
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line of said Mike A. Myers tract recorded in Clerk File No. |
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05-33382, a distance of 527.67 feet to a point for corner; |
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THENCE South 01 deg. 34 min. 45 sec. West, following the Westerly |
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line of said Sammie & John Carey tract, and following the Easterly |
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line of said Mike A. Myers tract recorded in Clerk File No. |
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05-33382, a distance of 2985.51 feet to a point for corner in the |
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approximate centerline of Parvin Road; |
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THENCE North 88 deg. 18 min. 36 sec. West, departing the Westerly |
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line of said Sammie & John Carey tract, following the approximate |
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centerline of said Parvin Road, and following the Southerly line of |
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said Mike A. Myers tract recorded in Clerk File No. 05-33382, a |
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distance of 1163.45 feet to a point for corner in the Easterly line |
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of a tract of land described to Kim Family Living Trust, LTD. by |
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deed recorded in Clerk File No. 05-86220, Deed Records, Denton |
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County, Texas; |
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THENCE North 00 deg. 10 min. 15 sec. East, following the Easterly |
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line of said Kim Family Living Trust, LTD. tract, and following the |
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Westerly line of said Mike A. Myers tract recorded in Clerk File No. |
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05-33382, a distance of 1849.15 feet to a point for corner at the |
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Southeasterly corner of said Mike A. Myers tract recorded in Clerk |
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File No. 05-33384; |
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THENCE North 89 deg. 31 min. 26 sec. West, departing the Westerly |
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line of said Mike A. Myers tract recorded in Clerk File No. |
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05-33382, and following the Northerly line of said Kim Family |
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Living Trust, LTD., and following the Southerly line said Mike A. |
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Myers tract recorded in Clerk File No. 05-33384, a distance of |
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1661.10 feet to a point for corner at the Northwesterly corner of a |
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tract of land described to Tim Chesney by deed recorded in Volume |
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1209, Page 434, Deed Records, Denton County, Texas, and being the |
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Southeasterly corner of a tract of land described to Alan G. & |
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Patrice F. Tankersly by deed recorded in Clerk File No. 03-172129, |
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Deed Records, Denton County, Texas, also being the Northwesterly |
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corner of said Kim Family Living Trust, LTD.; |
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THENCE North 00 deg. 35 min. 31 sec. East, departing the Northerly |
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line of a tract of said Kim Family Living Trust, LTD., and following |
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the Easterly line of said Alan G. & Patrice F. Tankersly tract, the |
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Easterly line of a tract of land described to Lee A. Brown by deed |
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recorded in Clerk File No. 03-122624, Deed Records, Denton County, |
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Texas, the Easterly line of County View Addition, according to the |
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Plat thereof recorded in Cabinet F, Page 267, Map Records, Denton |
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County, Texas, and following the Westerly line of said Mike A. Myers |
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tract recorded in Clerk File No. 05-33384, a distance of 1539.85 |
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feet to a point for corner at the Southwesterly corner of said Mike |
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A. Myers tract recorded in Clerk File No. 05-93340, also being the |
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Northeasterly corner of said County View Addition; |
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THENCE along a rotated bearing of North 89 deg. 54 min. 06 sec. West |
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(Deed Call of South 89 deg. 17 min. 51 sec. West, as described in |
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said Mike A. Myers tract recorded in Clerk File No. 05-93340), |
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departing the Westerly line of said Mike A. Myers tract recorded in |
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Clerk File No. 05-33384, following the Northerly line of said |
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County View Addition, and the following the Southerly line of said |
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Mike A. Myers tract recorded in Clerk File No. 05-93340, a distance |
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of 1300.80 feet to a point for corner at the Southeasterly corner of |
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a tract of land described to George N. Abdou by deed recorded in |
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Volume 928, Page 22, Deed Records, Denton County, Texas; |
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THENCE along a rotated bearing of North 01 deg. 10 min. 22 sec. East |
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(Deed Call of North 00 deg. 22 min. 19 sec. East, as described in |
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said Mike A. Myers tract recorded in Clerk File No. 05-93340), |
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departing the Northerly line of said County View Addition, |
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following the Easterly line of said George N. Abdou tract, and |
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following the Westerly line of said Mike A. Myers tract recorded in |
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Clerk File No. 05-93340, a distance of 262.18 feet to a point for |
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corner at the Northeasterly corner of said George N. Abdou tract; |
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THENCE along a rotated bearing of North 84 deg. 23 min. 17 sec. West |
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(Deed Call of North 85 deg. 11 min. 20 sec. West, as described in |
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said Mike A. Myers tract recorded in Clerk File No. 05-93340), |
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following the Northerly line of said George N. Abdou tract, and |
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following the Southerly line of said Mike A. Myers tract recorded in |
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Clerk File No. 05-93340, a distance of 518.00 feet to a point for |
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corner in the approximate Easterly line of F.M. 1385; |
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THENCE along a rotated bearing of North 02 deg. 09 min. 14 sec. East |
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(Deed Call of North 01 deg. 21 min. 11 sec. East, as described in |
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said Mike A. Myers tract recorded in Clerk File No. 05-93340), |
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departing the Northerly line of said George N. Abdou tract, |
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following the approximate Easterly line of said F.M. 1385, and |
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following the Westerly line of said Mike A. Myers tract recorded in |
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Clerk File No. 05-93340, a distance of 202.59 feet to a point for |
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corner in the Southerly line of said Tarsan Corp. tract; |
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THENCE along a rotated bearing of South 89 deg. 55 min. 12 sec. East |
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(Deed Call of North 89 deg. 16 min. 45 sec. East, as described in |
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said Mike A. Myers tract recorded in Clerk File No. 05-93340), |
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departing the approximate Easterly line of said F.M. 1385, |
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following the Southerly line of said Tarsan Corp. tract, and |
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following the northerly line of said Mike A. Myers tract recorded in |
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Clerk File No. 05-93340, a distance of 1806.28 feet to a point for |
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corner at the Southwesterly corner of said Tarsan Corp. tract and |
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being in the Westerly line of said Mike A. Myers tract recorded in |
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Clerk File No. 05-33384; |
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THENCE North 00 deg. 19 min. 38 sec. East, departing the Northerly |
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line of said Mike A. Myers tract recorded in Clerk File No. |
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05-93340, following the Easterly line of said Tarsan Corp. tract, |
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and following the Westerly line of said Mike A. Myers tract recorded |
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in Clerk File No. 05-33384, a distance of 887.51 feet to the POINT |
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OF BEGINNING and containing 320.4 acres of land, more or less. |
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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. |
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