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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 Van Alstyne Municipal Utility |
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District No. 1 of Grayson County; providing authority to impose a |
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tax 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 8311 to read as follows: |
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CHAPTER 8311. VAN ALSTYNE MUNICIPAL UTILITY DISTRICT NO. 1 OF |
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GRAYSON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8311.001. 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 Van Alstyne Municipal Utility |
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District No. 1 of Grayson County. |
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Sec. 8311.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8311.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8311.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8311.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8311.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8311.006. 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 the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8311.007-8311.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8311.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8311.052, directors serve |
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staggered four-year terms. |
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Sec. 8311.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as temporary directors the five persons |
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named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8311.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8311.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8311.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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[Sections 8311.053-8311.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8311.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8311.102. 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. 8311.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8311.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8311.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8311.106. LIMITATION ON USE OF EMINENT DOMAIN. (a) The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8311.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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(b) The district may not exercise the power of eminent |
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domain in the corporate limits of the City of Van Alstyne unless the |
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city has consented by ordinance or resolution to that exercise of |
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eminent domain authority. |
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Sec. 8311.107. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if: |
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(1) the district has no outstanding bonded debt; |
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(2) the district is not imposing ad valorem taxes; and |
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(3) the City of Van Alstyne has consented by ordinance |
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or resolution to the division of the district. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) 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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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8311.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8311.003. |
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(i) Subject to Subsection (a), municipal consent to the |
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creation of the district and to the inclusion of land in the |
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district granted under Section 8311.004 acts as municipal consent |
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to the creation of any new district created by the division of the |
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district and to the inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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Sec. 8311.108. LIMITATION ON ANNEXATION. The district may |
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not annex any territory outside the area described by Section 2 of |
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the Act creating this chapter unless the City of Van Alstyne has |
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consented by ordinance or resolution to the annexation. |
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[Sections 8311.109-8311.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8311.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8311.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8311.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8311.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8311.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 8311.154-8311.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8311.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8311.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8311.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Van Alstyne Municipal Utility District No. 1 |
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of Grayson County initially includes all the territory contained in |
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the following area: |
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SITUATED in the County of Grayson, State of Texas, and being a |
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part of the following Surveys in Grayson County: the A. Cartwright |
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Survey, Abstract No. 251, the D. Arnspiger Survey, Abstract No. |
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1526, the J. W. Curtis Survey, Abstract No. 249, and being a part of |
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the 1232.837 ac. tract of land conveyed to Vincent Viola by W. Mark |
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David by Special Warranty Deed dated July 30, 2001 and recorded in |
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Volume 4987, Page 726, Deed Records, Collin County, Texas, and |
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being all of the 93.158 ac. tract of land (Tract 1) conveyed to |
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Vincent J. Viola by Don S. Flesher by Warranty Deed dated September |
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10, 2004 and recorded in Volume 5766, Page 6210, said Collin County |
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Deed Records, and being a part of the 377.45 ac. tract of land |
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conveyed to Vincent J. Viola by Thornton Farm Partnership, Ltd. by |
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Special Warranty Deed with Vendor's Lien dated September 22, 2005 |
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and recorded in Volume 6010, Page 3310, said Collin County Deed |
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Records, and being all of the 57.410 ac. tract of land conveyed to |
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Vincent J. Viola by Mary Jo Flesher by deed dated September 28, 2004 |
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and recorded in Volume 3741, Page 324, Official Public Records, |
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Grayson County, Texas, and being more particularly described as one |
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tract of land by metes and bounds as follows, to-wit: |
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BEGINNING at a PK nail with flasher set in the center of |
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Cartwright Road, a public road, at the Northeast corner of said |
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93.158 ac.; |
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THENCE South 00 deg. 04 min. 44 sec. West, a distance of |
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1,274.28 ft. to a 1/2 inch rebar set at the Southeast corner of said |
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93.158 ac.; |
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THENCE North 89 deg. 02 min. 38 sec. East, a distance of |
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606.85 ft. to a point in the center of a creek; |
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THENCE Southerly, with the center of a creek, the following |
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calls and distances: |
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South 67 deg. 24 min. 09 sec. East, a distance of 96.92 ft.; |
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South 44 deg. 30 min. 54 sec. East, a distance of 275.27 ft.; |
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South 13 deg. 01 min. 43 sec. West, a distance of 60.69 ft.; |
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South 53 deg. 45 min. 22 sec. East, a distance of 169.73 ft.; |
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South 13 deg. 51 min. 14 sec. West, a distance of 42.13 ft.; |
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South 52 deg. 44 min. 16 sec. West, a distance of 54.38 ft.; |
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South 52 deg. 04 min. 16 sec. East, a distance of 108.52 ft.; |
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South 42 deg. 56 min. 51 sec. West, a distance of 101.20 ft.; |
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South 48 deg. 21 min. 36 sec. East, a distance of 27.24 ft.; |
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South 73 deg. 17 min. 05 sec. East, a distance of 155.79 ft.; |
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South 19 deg. 23 min. 21 sec. West, a distance of 125.73 ft.; |
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South 80 deg. 52 min. 27 sec. West, a distance of 104.51 ft.; |
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South 07 deg. 25 min. 59 sec. East, a distance of 58.92 ft.; |
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South 54 deg. 16 min. 47 sec. East, a distance of 115.97 ft.; |
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South 17 deg. 17 min. 58 sec. West, a distance of 117.31 ft.; |
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North 81 deg. 16 min. 54 sec. East, a distance of 120.12 ft.; |
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South 13 deg. 01 min. 53 sec. West, a distance of 243.69 ft.; |
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South 35 deg. 58 min. 28 sec. West, a distance of 112.27 ft.; |
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South 80 deg. 11 min. 50 sec. West, a distance of 117.77 ft.; |
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South 21 deg. 09 min. 50 sec. East, a distance of 112.59 ft.; |
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South 67 deg. 09 min. 09 sec. East, a distance of 185.00 ft.; |
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South 61 deg. 01 min. 33 sec. West, a distance of 167.09 ft.; |
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South 58 deg. 56 min. 39 sec. West, a distance of 192.59 ft.; |
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South 10 deg. 41 min. 54 sec. West, a distance of 278.81 ft.; |
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South 25 deg. 43 min. 05 sec. East, a distance of 105.57 ft.; |
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South 39 deg. 41 min. 48 sec. East, a distance of 143.93 ft.; |
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South 06 deg. 38 min. 18 sec. West, a distance of 92.08 ft. to |
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a point in the South line of Grayson County, the North line of |
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Collin County, at the Southeast corner of the herein described |
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tract; |
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THENCE North 88 deg. 01 min. 11 sec. West, with the South line |
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of said Grayson County and the North line of said Collin County, |
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over and across said Viola 1,232.837 ac., crossing an East line of |
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said Viola 377.45 ac. and a West line of said Viola 1,232.837 ac. |
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and continuing now over and across said Viola 377.45 ac. for a total |
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distance of 5,627.60 ft. to a point in the East line of the 5.00 ac. |
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tract of land conveyed to the Wood Family Trust in Volume 3910, Page |
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772, said Grayson County Official Public Records, at the most |
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Southerly Southwest corner of the herein described tract; |
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THENCE North 00 deg. 03 min. 10 sec. West, with the East line |
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of said Wood Family Trust 5.00 ac., a distance of 271.80 ft. to a |
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point in the South line of the 82.41 ac. tract of land conveyed to |
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Don S. Flesher in Volume 2350, Page 194, Real Property Records, |
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Grayson County, Texas, at the Northeast corner of said Wood Family |
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Trust 5.00 ac.; |
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THENCE South 89 deg. 37 min. 54 sec. West, with the South line |
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of said Viola 57.410 ac. and the North line of said Wood Family |
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Trust 5.00 ac., a distance of 573.09 ft. to a point in the center of |
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said Collin County Road No. 291 (also known as Eagle Point Road in |
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Grayson County), in the East line of said Dowell 113.35 ac., at the |
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Southwest corner of said Viola 57.410 ac.; |
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THENCE North 00 deg. 20 min. 09 sec. West, with the center of |
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said Eagle Point Road and the East line of said Dowell 113.35 ac., a |
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distance of 397.96 ft. to a spike nail found at the Northeast corner |
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of said Dowell 113.35 ac., at the Southeast corner of the 30 ac. |
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tract of land conveyed to Craig Turczynski and Rosa Turczynski in |
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Volume 2850, Page 817, said Grayson County Official Public Records; |
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THENCE North 00 deg. 15 min. 10 sec. West, continuing with the |
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center of said Eagle Point Road, the East line of said Turczynski 30 |
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ac., passing the Northeast corner of said Turczynski 30 ac. and the |
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Southeast corner of the 20.05 ac. tract of land conveyed to Jay |
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Thompson and Ann Thompson in Volume 2795, Page 789, said Official |
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Public Records, and continuing now with the East line of said |
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Thompson 20.05 ac. for a total distance of 1,023.15 ft. to a spike |
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nail found at the Northeast corner of said Thompson 20.05 ac., at |
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the Southeast corner of the 20.03 ac. tract of land conveyed to Jay |
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A. Thompson and Ann E. Thompson in Volume 2598, Page 460, said |
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Grayson County Official Public Records; |
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THENCE North 00 deg. 39 min. 44 sec. West, continuing with the |
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center of said Eagle Point Road, and with the East line of both said |
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Thompson 20.03 ac. and said Whitaker Survey, passing the Northeast |
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corner of both said Thompson 20.03 ac. and said Whitaker Survey, the |
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Southeast corner of said Wheeler Survey, the Southwest corner of |
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said Cartwright Survey and the Northwest corner of said Arnspiger |
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Survey, and continuing now with the East line of said Wheeler Survey |
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and the West line of both said Flesher 82.41 ac. and said Cartwright |
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Survey for a total distance of 988.71 ft. to a 1/2 inch rebar found |
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at the centerline intersection of Cartwright Road, a public road, |
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and said Eagle Point Road, at the Southwest corner of the 38.271 ac. |
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tract of land conveyed to Gary C. Crim and Sidney A. Crim in Volume |
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2077, Page 545, said Real Property Records; |
|
THENCE South 87 deg. 19 min. 13 sec. East, with the center of |
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said Cartwright Road and the South line of said Crim 38.271 ac., a |
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distance of 275.36 ft. to an angle point in the South line of said |
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Crim 38.271 ac.; |
|
THENCE South 70 deg. 28 min. 16 sec. East, continuing with the |
|
center of said Cartwright Road and the South line of said Crim |
|
38.271 ac., a distance of 551.48 ft. to an angle point in the South |
|
line of said Crim 38.271 ac.; |
|
THENCE South 83 deg. 33 min. 52 sec. East, continuing with the |
|
center of said Cartwright Road and with the South line of said Crim |
|
38.271 ac., leaving the pavement of said Cartwright Road at about |
|
657 ft., and continuing for a total distance of 717.54 ft. to a 1/2 |
|
inch rebar set in the West line of the 144.168 ac. tract of land |
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(Tract IV) conveyed to Coit North Properties, Inc. in Volume 1677, |
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Page 218, Deed Records, Grayson County, Texas, at the Southeast |
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corner of said Crim 38.271 ac.; |
|
THENCE South 00 deg. 50 min. 27 sec. East, with the West line |
|
of said Coit North Properties 144.168 ac., a distance of 306.87 ft. |
|
to a 1/2 inch rebar set in the South line of said Cartwright Survey, |
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Abstract No. 251, in the North line of said Arnspiger Survey, |
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Abstract No. 1526, at the Southwest corner of said Coit North |
|
Properties 144.168 ac.; |
|
THENCE North 89 deg. 45 min. 50 sec. East, with the South line |
|
of said Coit North Properties 144.168 ac., a distance of 49.98 ft. |
|
to a 8 inch wood corner post at the most Easterly Northeast corner |
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of said Viola 22.597 ac., at the Northwest corner of the 10.025 ac. |
|
tract of land conveyed to Sisong Phromkharanourak, Sombath Manivanh |
|
Bounchanh Thammavongsa in Volume 2138, Page 314, said Real Property |
|
Records; |
|
THENCE South 00 deg. 23 min. 32 sec. East, with the general |
|
course of a wire fence maintaining the West line of said |
|
Phromkharanourak, et al 10.025 ac., a distance of 1,669.81 ft. to a |
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point 1/2 inch rebar set at the Southwest corner of said |
|
Phromkharanourak, et al 10.025 ac., at a Northwest corner of said |
|
Viola 377.45 ac.; |
|
THENCE South 89 deg. 14 min. 15 sec. East, with the North line |
|
of said 377.45 ac. and with the South line of said Phromkharanourak, |
|
Manivanh and Thammavongsa 10.025 ac., passing a cross-tie corner |
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post at the Southeast corner of said Phromkharanourak, Manivanh and |
|
Thammavongsa 10.025 ac. and the Southwest corner of the 10.000 ac. |
|
tract of land conveyed to Joseph D. Losh and Nancy D. Losh in Volume |
|
2393, Page 36, said Grayson County Real Property Records at 264.77 |
|
ft., and continuing for a total distance of 782.37 ft. to a 12 inch |
|
wood corner post at the Southwest corner of the 9.930 ac. tract of |
|
land conveyed to M. J. Presley and Allison M. Presley in Volume |
|
2355, Page 611, said Grayson County Real Property Records; |
|
THENCE South 89 deg. 32 min. 03 sec. East, with the North line |
|
of said 377.45 ac. and with the South line of said Presley 9.930 |
|
ac., passing the Southeast corner of said Presley 9.930 ac. and the |
|
Southwest corner of the 9.371 ac. tract of land conveyed to Mark |
|
Michina and Debbie Michina in Volume 2244, Page 388, said Grayson |
|
County Real Property Records and continuing for a total distance of |
|
634.03 ft. to a 2 inch pipe found; |
|
THENCE South 89 deg. 23 min. 59 sec. East, with the North line |
|
of said 377.45 ac., passing a 2 inch pipe found at the Southwest |
|
corner of the 15.29 ac. tract of land conveyed to Vincent Chen and |
|
Lay-Wah Khoo in Volume 2109, Page 281, said Grayson County Real |
|
Property Records, and continuing now with the South line of said |
|
Chen & Khoo 15.29 ac for a total distance of 645.85 ft. to a 1/2 inch |
|
rebar set at the Southeast corner of said Chen & Khoo 15.29 ac.; |
|
THENCE North 00 deg. 32 min. 03 sec. West, with the East line |
|
of said Chen & Khoo 15.29 ac., a distance of 1,691.73 ft. to a spike |
|
nail found in the center of said Cartwright Road, at the Northeast |
|
corner of said Chen & Khoo 15.29 ac., at an angle point in the South |
|
line of said 93.158 ac.; |
|
THENCE South 89 deg. 52 min. 43 sec. West, with the center of |
|
said Cartwright Road and the South line of said 93.158 ac., a |
|
distance of 995.39 ft. to a 3/8 inch rebar found at the Southwest |
|
corner of said 93.158 ac., at the most Southerly Southeast corner of |
|
the 144.168 ac. tract of land (Tract IV) conveyed to Coit North |
|
Properties, Inc. in Volume 1677, Page 218, Deed Records, Grayson |
|
County, Texas; |
|
THENCE North 00 deg. 27 min. 48 sec. East, with the West line |
|
of said 93.158 ac. and the East line of said Coit North Properties |
|
144.168 ac., a distance of 2,021.18 ft. to a 1/2 inch rebar set the |
|
Northwest corner of said 93.158 ac., at an Ell corner of said Coit |
|
North Properties 144.168 ac.; |
|
THENCE South 89 deg. 59 min. 12 sec. East, with a North line |
|
of said 93.158 ac. and a South line of said Coit North Properties |
|
144.168 ac, passing a Southeast corner of said Coit North |
|
Properties 144.168 ac and the Southwest corner of the 80.749 ac. |
|
tract of land (Tract I) conveyed to Coit North Properties in said |
|
Volume 1677, Page 218 and continuing now with the South line of said |
|
Coit North Properties 80.749 ac. for a total distance of 885.58 ft. |
|
to a 1/2 inch rebar set at the Northwest corner of the 30.0468 ac. |
|
tract of land conveyed to James E. Tillett and Rachel D. Tillett in |
|
Volume 1509, Page 183, said Grayson County Deed Records, at the most |
|
Northerly Northeast corner of said 93.158 ac.; |
|
THENCE South 00 deg. 27 min. 44 sec. West, with an East line |
|
of said 93.158 ac. and the West line of said Tillett 30.0468 ac., a |
|
distance of 739.44 ft. to a 1/2 inch rebar set at the Southwest |
|
corner of said Tillett 30.0468 ac., at an Ell corner of said 93.158 |
|
ac.; |
|
THENCE South 89 deg. 59 min. 06 sec. East, with a North line |
|
of said 93.158 ac. and the South line of said Tillett 30.0468 ac., a |
|
distance of 1,772.58 ft. to the PLACE OF BEGINNING and containing |
|
338.39 ACRES of land. |
|
SITUATED in the County of Grayson, State of Texas, and being a |
|
part of the J. W. Curtis Survey, Abstract No. 1077, and being all of |
|
the 4.518 ac. tract of land (Tract 8) conveyed to Vincent Viola by |
|
W. Mark David by Special Warranty Deed dated July 30, 2001 and |
|
recorded in Volume 4987, Page 697, Deed Records, Collin County, |
|
Texas, and being all of the 22.11 ac. tract of land conveyed to |
|
Vincent Viola by W. Mark David by Assumption Deed dated July 30, |
|
2001 and recorded in Volume 3118, Page 51, Official Public Records, |
|
Grayson County, Texas, and being more particularly described as one |
|
tract of land by metes and bounds as follows, to-wit: |
|
BEGINNING at a point in the center of a public road, at the |
|
Southeast corner of said Viola Tract 8; |
|
THENCE North 87 deg. 59 min. 48 sec. West, with the South line |
|
of said Viola Tract 8, a distance of 175.02 ft. to a point in the |
|
East right-of-way line of U. S. Highway No. 75, at the beginning of |
|
a curve; |
|
THENCE Northwesterly, with the East right-of-way line of said |
|
U. S. Highway No. 75 and with a non-tangent curve to the right |
|
having a radius of 190.00 ft. and a central angle of 83 deg. 30 min. |
|
07 sec. (chord bears North 46 deg. 06 min. 10 sec. West, 253.04 |
|
ft.), an arc distance of 276.90 ft. to a point at the end of said |
|
curve; |
|
THENCE North 04 deg. 21 min. 09 sec. West, continuing with the |
|
East right-of-way line of said U. S. Highway No. 75, a distance of |
|
374.17 ft. to a point at the Northwest corner of said Viola Tract 8, |
|
at the Southwest corner of said Viola 22.11 ac., at the beginning of |
|
a curve; |
|
THENCE Northerly, continuing with the East right-of-way line |
|
of said U. S. Highway No. 75 and with a non-tangent curve to the left |
|
having a radius of 11,644.16 ft. and a central angle of 02 deg. 05 |
|
min. 55 sec. (chord bears North 06 deg. 33 min. 40 sec. West, 426.47 |
|
ft.), an arc distance of 426.50 ft. to a point at the end of said |
|
curve; |
|
THENCE North 13 deg. 03 min. 12 sec. West, continuing with the |
|
East right-of-way line of said U. S. Highway No. 75, a distance of |
|
305.53 ft. to a point at the beginning of a curve; |
|
THENCE Northerly, continuing with the East right-of-way line |
|
of said U. S. Highway No. 75 and with a non-tangent curve to the left |
|
having a radius of 11,619.16 ft. and a central angle of 04 deg. 46 |
|
min. 21 sec. (chord bears North 11 deg. 29 min. 47 sec. West, 967.55 |
|
ft.), an arc distance of 967.83 ft. to a point at the Northwest |
|
corner of said Viola 22.11 ac.; |
|
THENCE North 89 deg. 38 min. 17 sec. East, with the North line |
|
of said Viola 22.11 ac., a distance of 775.13 ft. to a point in the |
|
center of said public road, at the Northeast corner of said Viola |
|
22.11 ac.; |
|
THENCE South 02 deg. 02 min. 37 sec. West, with the center of |
|
said public road and with the East line of said Viola 22.11 ac., a |
|
distance of 1,688.54 ft. to a point at the Southeast corner of said |
|
Viola 22.11 ac., at the Northeast corner of said Viola Tract 8; |
|
THENCE South 01 deg. 58 min. 32 sec. West, continuing with the |
|
center of said public road and with the East line of said Viola |
|
Tract 8, a distance of 541.86 ft. to the PLACE OF BEGINNING and |
|
containing 26.55 ACRES of land. |
|
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 immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |