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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 Gray County Municipal Utility |
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District No. 1; providing authority to impose a tax and issue bonds; |
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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 8319 to read as follows: |
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CHAPTER 8319. GRAY COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8319.001. 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 Gray County Municipal Utility |
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District No. 1. |
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Sec. 8319.002. 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. 8319.003. 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. 8319.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8319.003 |
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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. 8319.005. 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. 8319.006. 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 8319.007-8319.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8319.051. 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 8319.052, directors serve |
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staggered four-year terms. |
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Sec. 8319.052. 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 8319.003; 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 8319.003 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 8319.003; 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 Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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[Sections 8319.053-8319.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8319.101. 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. 8319.102. 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. 8319.103. 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. 8319.104. 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. 8319.105. 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. 8319.106. 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 8319.103; 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 to acquire land, an easement, or other property that is |
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located more than five miles outside the district's boundaries. |
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[Sections 8319.107-8319.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8319.151. 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 8319.153. |
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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. 8319.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8319.151, 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. 8319.153. 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 8319.154-8319.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8319.201. 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. 8319.202. 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. 8319.203. 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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[Sections 8319.204-8319.250 reserved for expansion] |
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SUBCHAPTER F. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
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Sec. 8319.251. DIVISION OF DISTRICT; REQUIREMENTS. (a) At |
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any time after the district has been confirmed and before the |
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district issues indebtedness secured by taxes or net revenue, the |
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district may be divided into two or more new districts. |
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(b) A new district created by division of the district must |
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be at least 100 acres. |
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(c) The board may consider a proposal to divide the district |
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on: |
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(1) a petition of a landowner in the district; or |
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(2) a motion by the board. |
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(d) If the board decides to divide the district, the board |
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shall: |
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(1) set the terms of the division, including names for |
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the new districts and a plan for the payment or performance of any |
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outstanding district obligations; and |
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(2) prepare a metes and bounds description for each |
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proposed district. |
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(e) 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. After its creation, a new district may annex property in |
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accordance with this chapter. |
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Sec. 8319.252. ELECTION FOR DIVISION OF DISTRICT. |
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(a) After the board has complied with Section 8319.251(d), the |
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board shall hold an election in the district to determine whether |
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the district should be divided as proposed. |
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(b) The board shall give notice of the election in the same |
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manner required for other district elections prescribed by the |
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Water Code and Election Code. |
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(c) If a majority of the votes cast are in favor of the |
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division: |
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(1) the district is divided; and |
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(2) not later than the 30th day after the date of the |
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election, the district shall provide written notice of the division |
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to: |
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(A) the Texas Commission on Environmental |
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Quality; |
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(B) the attorney general; |
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(C) the commissioners court of each county in |
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which a new district is located; and |
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(D) any municipality having extraterritorial |
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jurisdiction over territory in each new district. |
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(d) If a majority of the votes cast are not in favor of the |
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division, the district may not be divided. |
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Sec. 8319.253. ELECTION OF DIRECTORS OF NEW DISTRICTS. |
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(a) Not later than the 90th day after the date of an election in |
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favor of the division of the district, the board shall: |
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(1) appoint itself as the board of one of the new |
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districts; and |
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(2) appoint five directors for each of the other new |
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districts. |
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(b) Directors appointed under Subsection (a)(1) serve the |
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staggered terms to which they were elected in the original |
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district. Directors appointed under Subsection (a)(2) serve until |
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the election for directors under Subsection (c). |
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(c) On the uniform election date in May of the first |
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even-numbered year after the year in which the directors are |
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appointed, the appointed board shall hold an election to elect five |
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directors in each district for which directors were appointed under |
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Subsection (a)(2). The elected directors shall draw lots to |
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determine which two shall serve until the next 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. 8319.254. CONTINUING POWERS AND OBLIGATIONS OF NEW |
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DISTRICTS. (a) Each new district may incur and pay debts and has |
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all powers of the original district created by this chapter. |
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(b) If the district is divided as provided by this |
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subchapter, the current obligations and any bond authorizations of |
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the district are not impaired. Debts shall be paid by revenue or by |
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taxes or assessments imposed on real property in the district as if |
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the district had not been divided or by contributions from each new |
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district as stated in the terms set by the board under Section |
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8319.251(d). |
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(c) Any other district obligation is divided pro rata among |
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the new districts on an acreage basis or on other terms that are |
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satisfactory to the new districts. |
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Sec. 8319.255. CONTRACT AUTHORITY OF NEW DISTRICTS. The |
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new districts may contract with each other for: |
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(1) water and wastewater services; or |
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(2) any other matter the boards of the new districts |
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consider appropriate. |
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SECTION 2. The Gray County Municipal Utility District No. 1 |
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initially includes all the territory contained in the following |
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area: |
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Tract NO. 1 |
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All that certain tract or parcel of land in Sections 117, 118 & 99, |
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Block 3, I.& G.N. Survey, Gray County, Texas, being more |
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particularly described as follows; |
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BEGINNING at a 1" Iron Pipe found for the Southwest corner of said |
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Section 99 and Northeast corner of said Section 117; |
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THENCE S 00°02'26"E, along the East line of said Section 117 a |
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distance of 2644.35 feet to a corner of this tract or parcel and |
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being a corner of said Wal-Mart Addition; |
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THENCE S 89°19'48"W, along the South line of the Northeast quarter |
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of said Section 117 a distance of 2641.67 feet to the Southwest |
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corner of this tract or parcel; |
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THENCE N 00°03'03"W, along the West line of said Northeast quarter a |
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distance of 2635.44 feet to the Northwest corner of said Northeast |
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quarter and being a corner of this tract or parcel; |
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THENCE N 00°03'40"W, along the west line of the Southeast quarter of |
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said Section 118 a distance of 2663.23 feet to the Northwest corner |
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of said Southeast quarter and being a corner of this tract or |
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parcel; |
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THENCE S 89°17'07"W, along the South line of the Northwest quarter |
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of said Section 118 a distance of 2642.14 feet to the Southwest |
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corner of said Northwest quarter and being a corner of this tract or |
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parcel; |
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THENCE N 00°03'39"W, along the West line of said Section 118 and |
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being the center line of a State of Texas Right of way Easement |
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recorded in Volume 222, Page 456, Deed Records, Gray County, Texas, |
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a distance of 2670.07 feet to the Northwest corner of this tract or |
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parcel and being the Northwest corner of said Section 118; |
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THENCE N 89°26'01"E, along the North line of said Section 118 a |
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distance of 5284.13 feet to a 1 1/2" Iron Pipe found for a corner of |
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this tract or parcel and being the Northeast corner of said Section |
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118; |
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THENCE N 89°26'01"E, along the North line of said Section 99, at |
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2689.59 feet pass a Iron Rod with Cap found for the Southwest corner |
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of Walnut Creek Addition, at 4653.89 feet pass a Iron Rod found for |
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the Southeast corner of said Walnut Creek Addition and continuing a |
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total distance of 5200.16 feet to the Northeast corner of this tract |
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or parcel on the West Right of Way of State Highway 70; |
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THENCE S 00°09'09"E, along the West Right of Way of State Highway 70 |
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recorded in Volume 126, Page 298, Deed Records, Gray County, Texas, |
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a distance of 1632.06 feet to a corner of this tract or parcel; |
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THENCE, along said West Right of Way, being a tangent curve to the |
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right having a Delta angle of 30°00'00", a Radius of 2804.79 feet, |
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and an Arc Length of 1468.58 feet to a corner of this tract or |
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parcel; |
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THENCE S 29°53'14"W, along said West Right of Way, a distance of |
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2624.82 feet to a corner of this tract or parcel; |
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THENCE S 89°08'13"W, along the South line of said Section 99, a |
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distance of 3518.98 feet to the POINT of BEGINNING and containing |
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1220.21 Acres, more or less. |
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Tract No. 2 |
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All that certain tract or parcel of land in Section 99, Block 3, I.& |
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GEN.. Survey, Gray County, Texas, being more particularly described |
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as follows; |
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BEGINNING at a point on the East line of said Section 99 from whence |
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a 1 1/4" Iron Pipe found for the Southeast corner of said Section 99 |
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bears S 00°09'09"E a distance of 1579.46 feet; |
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THENCE N 60°06"48"W, along the Northerly Right of way of Loop 171 |
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recorded in Volume 337, Page 5, Deed Records, Gray County, Texas, a |
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distance of 492.62 feet to a highway monument found for a corner of |
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this tract or parcel; |
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THENCE N 15°34'30"W, along said Right of Way, a distance of 141.09 |
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feet to a highway monument found for a corner of this tract or |
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parcel; |
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THENCE N 29°53'14"E, along the Easterly Right of Way of State |
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Highway 70 recorded in Volume 126, Page 298, Deed Records, Gray |
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County, Texas, a distance of 263.93 feet to a corner of this tract |
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or parcel; |
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THENCE, along said Right of Way, being a tangent curve to the left |
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having a Delta angle of 18°22'28", a Radius of 2924.79 feet and an |
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Arc Length of 937.97 feet to the most Northerly corner of this tract |
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or parcel; |
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THENCE S 00°09'09"E, along the East line of said Section 99, a |
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distance of 1484.10 feet to the POINT of BEGINNING and containing |
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7.47 Acres, more or less. |
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Tract No. 3 |
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All that certain tract or parcel of land in Section 99, Block 3, I.& |
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G.N. Survey, Gray County, Texas, being more particularly described |
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as follows; |
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BEGINNING at a point on the South line of said Section 99 from |
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whence a 1 1/4" Iron Pipe found for the Southeast corner of said |
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Section 99 bears N 89°08'13"E a distance of 930.49 feet; |
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THENCE S 89°08'13"W, along the South line of said Section 99, a |
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distance of 679.78 feet to Southwest corner of this tract or parcel; |
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THENCE N 29°53'14"E, along the East Right of Way of State Highway 70 |
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recorded in Volume 126, Page 298, Deed Records, Gray County, Texas, |
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a distance of 1939.41 feet to a highway monument found for a corner |
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of this tract or parcel; |
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THENCE N 74°33'57"E, along the Southerly Right of way of Loop 171 |
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recorded in Volume 337, Page 5, Deed Records, Gray County, Texas, a |
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distance of 141.93 feet to a highway monument found for a corner of |
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this tract or parcel; |
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THENCE S 60°08'25"E, along said Right of Way, a distance of 580.14 |
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feet to a corner of this tract or parcel; |
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THENCE S 00°09'09"E, along the East line of said Section 99, a |
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distance of 463.19 feet to a corner of this tract or parcel; |
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THENCE S 02°50'51"W a distance of 99.97 feet to a corner of this |
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tract or parcel; |
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THENCE S 08°50'51"W a distance of 100.00 feet to a corner of this |
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tract or parcel; |
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THENCE S 14°50'51"W a distance of 100.00 feet to a corner of this |
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tract or parcel; |
|
THENCE S 20°50'51"W a distance of 100.00 feet to a corner of this |
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tract or parcel; |
|
THENCE S 26°50'51"W a distance of 100.00 feet to a corner of this |
|
tract or parcel; |
|
THENCE S 32°50'51"W a distance of 100.00 feet to a corner of this |
|
tract or parcel; |
|
THENCE S 38°50'51"W a distance of 100.00 feet to a corner of this |
|
tract or parcel; |
|
THENCE S 44°50'51"W a distance of 100.00 feet to a corner of this |
|
tract or parcel; |
|
THENCE S 50°50'51"W a distance of 100.00 feet to a corner of this |
|
tract or parcel |
|
THENCE S 56°50'51"W a distance of 100.00 feet to a corner of this |
|
tract or parcel; |
|
THENCE S 62°50'51"W a distance of 100.00 feet to a corner of this |
|
tract or parcel; |
|
THENCE S 68°50'51"W a distance of 100.00 feet to a corner of this |
|
tract or parcel; |
|
THENCE S 74°50'51"W a distance of 100.00 feet to a corner of this |
|
tract or parcel; |
|
THENCE S 80°50'51"W a distance of 100.00 feet to a corner of this |
|
tract or parcel; |
|
THENCE S 86°28'51"W a distance of 75.04 feet to the POINT of |
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BEGINNING and containing 37.40 Acres, more or less. |
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SAID TRACTS CONTAIN 1,265.08 ACRES OF LAND, MORE OR LESS. |
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SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
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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. |