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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 Brown's Ranch 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 8348 to read as follows: |
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CHAPTER 8348. BROWN'S RANCH 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. 8348.001. 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 Brown's Ranch Municipal |
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Utility District No. 1 of Grayson County. |
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Sec. 8348.002. 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. 8348.003. 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. 8348.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8348.003 |
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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. 8348.005. 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. 8348.006. 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 8348.007-8348.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8348.051. 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 8348.052, directors serve |
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staggered four-year terms. |
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Sec. 8348.052. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2009, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the Texas Commission on Environmental Quality requesting that the |
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commission appoint as temporary directors the five persons named in |
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the petition. The commission shall appoint as temporary directors |
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the five persons 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 8348.003; or |
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(2) September 1, 2013. |
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(c) If permanent directors have not been elected under |
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Section 8348.003 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 8348.003; 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 8348.053-8348.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8348.101. 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. 8348.102. 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. 8348.103. 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. 8348.104. 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. 8348.105. COSTS OF ROAD PROJECT. The district shall |
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bear the cost of maintaining, improving, operating, and repairing a |
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road authorized by Section 8348.103 that is located in the |
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district, regardless of whether the district conveys the road to |
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this state, a county, or a municipality. |
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Sec. 8348.106. 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. 8348.107. LIMITATION ON USE OF EMINENT DOMAIN. 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 8348.103; 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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Sec. 8348.108. LIMITATION ON ANNEXATION. The district may |
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not annex land without the written consent by resolution or |
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ordinance of each municipality in whose corporate limits or |
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extraterritorial jurisdiction the land is located and the written |
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consent of each water or sewer service provider that holds a |
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certificate of public convenience and necessity and whose |
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certificated service area includes any part of the land. |
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Sec. 8348.109. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) 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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8348.003 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 8348.003. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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8348.004 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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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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[Sections 8348.110-8348.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8348.151. 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 8348.153. |
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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. 8348.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8348.151, 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. 8348.153. 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 8348.154-8348.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8348.201. 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. 8348.202. 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. 8348.203. 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 Brown's Ranch Municipal Utility District No. |
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1 of Grayson County initially includes all the territory contained |
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in the following area: |
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TRACT 1 |
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BEING a tract of land located in the A.M. CROW SURVEY, |
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ABSTRACT 291, W.H. CROW SURVEY, ABSTRACT NO. 1539 and the W.H. CROW |
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SURVEY, ABSTRACT NO. 309, Grayson County, Texas arid being part of a |
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tract of land described in Deed to Marcus H. Brown and wife, Emma |
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Lee Brown, recorded in Volume 1481, Page 708, Deed Records, Grayson |
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County, Texas and all of a tract of land described in Deed to Marcus |
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Brown, recorded in Volume 2081, Page 657, Deed Records, Grayson |
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County, Texas and all of a tract of land described in Deed to Marcus |
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H. Brown, recorded in Volume 2247, Page 744, Deed Records, Grayson |
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County, Texas, and being more particularly described as follows: |
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BEGINNING at a railroad spike found at the intersection of |
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the approximate centerline of Wright Road with the approximate |
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centerline of Enterprise Road, said point being the Southeast |
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corner of said Marcus H. Brown tract and the Northeast corner of a |
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tract of land described as Second Tract in Deed to H.M. Shytles, Jr. |
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recorded in Volume 1966, Page 206, Deed Records, Grayson County, |
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Texas; |
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THENCE North 89 degrees 07 minutes 14 seconds West, a |
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distance of |
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4,563.29 feet to a 1/2 inch iron rod with a yellow plastic cap |
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stamped "DAA" set in the North line of a tract of land described in |
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Deed to Elizabeth Brown, recorded in Volume 2254, Page 94, Deed |
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Records, Grayson County, Texas at the Southeast corner of a tract of |
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land described in Deed to Patricia Ann Lawrence Sethaler, recorded |
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in Volume 2467, Page 56, Deed Records, Grayson County, Texas; |
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THENCE North 00 degrees 58 minutes 31 seconds East, a |
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distance of 840.07 feet to a 1/2 inch iron rod with a yellow plastic |
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cap stamped "DAA" set at the Northeast corner of said Sethaler |
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tract; |
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THENCE North 89 degrees 06 minutes 17 seconds West, a |
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distance of |
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799.71 feet to a 3/4 inch iron rod found in the approximate |
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centerline of Kusch Lane at the Northwest corner of said Sethaler |
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tract; |
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THENCE North 01 degrees 01 minutes 30 seconds East, along the |
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approximate centerline of said Kusch Lone, a distance of 1,825.99 |
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feet to a 1/2 inch iron rod found at the Northwest corner of said |
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Marcus H. Brown and wife, Emma Lee Brown tract and the Southwest |
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corner of a tract of land described in Deed to Madolene Carol |
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Williams, recorded in Volume 2247, Page 732, Deed Records, Grayson |
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County, Texas; |
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THENCE South 89 degrees 08 minutes 51 seconds East, a |
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distance of 4,497.55 feet to a point in a pond at the Northwest |
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corner of a tract of land described in Deed to Marcus Brown and |
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wife, Emma Lee Brown, recorded in Volume 1193, Page 85, Deed |
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Records, Grayson County, Texas; |
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THENCE South 00 degrees 40 minutes 39 seconds West, along the |
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West line of said Marcus Brown and wife, Emma Lee Brown tract |
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recorded in Volume 1193, Page 85, a distance of 450.00 feet to a 1/2 |
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inch iron rod with a yellow plastic cap stamped "DAA" set at the |
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Southwest corner of said Marcus Brown and wife, Emma Lee Brown tract |
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recorded in Volume 1193, Page 85; |
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THENCE South 89 degrees 08 minutes 51 seconds East, along the |
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South line of said Marcus Brown and wife, Emma Lee Brown tract |
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recorded in Volume 1193, Page 85, a distance of 850.00 feet to a 1/2 |
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inch iron rod with a yellow plastic cap stamped "DAA" set in said |
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Enterprise Road at the Southeast corner of said Marcus Brown and |
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wife, Emma Lee Brown tract recorded in Volume 1193, Page 85; |
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THENCE South 00 degrees 40 minutes 39 seconds West, a |
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distance of 2,218.79 feet to the POINT OF BEGINNING and containing |
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303.755 acres of land, more or less. |
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TRACT 2 |
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BEING a tract of land located in the I.N. WINDROW SURVEY, |
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ABSTRACT NO. 1378, Grayson County, Texas and being part of a tract |
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of land described in Deed to Madalene Carol Williams, recorded in |
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Volume 2247, Page 732, Deed Records, Grayson County, Texas and |
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being more particularly described as follows: |
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BEGINNING at a 1/2 inch iron rod found in the approximate |
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centerline of Kusch Lane at the Southwest corner of said Williams |
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tract and the Northwest corner of a tract of land described in Deed |
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to Marcus H. Brown and wife, Emma Lee Brown, recorded in Volume |
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1481, Page 708, Deed Records, Grayson County, Texas; |
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THENCE North 00 degrees 56 minutes 29 seconds East, a |
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distance of 1,680.18 feet to a 1/2 inch iron rod with a yellow |
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plastic cap stamped "DAA" set at the intersection of the |
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Southeasterly right-of-way line of M-K-T Railroad, a variable width |
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right-of-way, with the Westerly line of said Williams tract, said |
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point being at the beginning of a non-tangent curve to the left |
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having a central angle of 07 degrees 17 minutes 31 seconds, a radius |
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of 5,789.65 feet and a chord bearing and distance of North 46 |
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degrees 26 minutes 26 seconds East, 736.85 feet; |
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THENCE Northeasterly, along said Southeasterly right-of-way |
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line, the following three (3) courses and distances: |
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Northeasterly, along said curve to the left, an arc |
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distance of 736.85 feet to a 1/2 inch iron rod with a yellow plastic |
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cap stamped "DAA" set for corner; |
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North 46 degrees 52 minutes 08 seconds West, a distance |
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of 10.00 feet to a 1/2 inch iron rod with a yellow plastic cap |
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stamped "DAA" set at the beginning of a non-tangent curve to the |
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left having a central angle of 05 degrees 50 minutes 28 |
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seconds, a radius of 5,779.65 feet and a chord bearing |
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and distance of North 39 degrees 52 minutes 25 seconds East, |
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588.97 feet; |
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Northeasterly, along said curve to the left, an arc |
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distance of 589.23 feet to a 1/2 inch iron rod with a yellow plastic |
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cap stamped "DAA" set at intersection of said Southeasterly |
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right-of-way line with the North line of said Williams tract; |
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THENCE South 88 degrees 59 minutes 13 seconds East, leaving |
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said Southeasterly right-of-way line and along the North line of |
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said Williams tract, a distance of 883.12 feet to a 1/2 inch iron |
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rod with a yellow plastic cap stamped "DAA" set at the Northeast |
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corner of said Williams tract; |
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THENCE South 00 degrees 40 minutes 39 seconds West, along the |
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East line of said Williams tract, a distance of 2657.33 feet to a |
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1/2 inch iron rod with a yellow plastic cap stamped "DAA" set in the |
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North line of said Brown tract at the Southeast corner of said |
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Williams tract; |
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THENCE North 89 degrees 08 minutes 51 seconds West, along the |
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common line of said Williams tract and said Brown tract, a distance |
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of 1783.26 feet to the POINT OF BEGINNING and containing 97.718 |
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acres of land, more or less. |
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TRACT 3 |
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BEING a tract of land located in the I.N. WINDROW SURVEY, |
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ABSTRACT NO. 1378 and the CYRUS PALMER SURVEY, ABSTRACT NO. 982, |
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Grayson County, Texas and being all of a tract of land described in |
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Deed to Ron Acton, recorded in Volume 3726, Page 390, Deed Records, |
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Grayson County, Texas and being more particularly described as |
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follows: |
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BEGINNING at a PK nail found at the intersection of the |
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approximate |
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centerline of Quail Run Road with the approximate centerline |
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of Enterprise Road, said point being the Northeast corner of said |
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Acton tract and the Southeast corner of a tract of land described in |
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Deed to The Veterans Land Board of The State of Texas, recorded in |
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Volume 2243, Page 172, Deed Records, Grayson County, Texas; |
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THENCE South 00 degrees 40 minutes 39 seconds West, along the |
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East line of said Acton tract, a distance of 2,647.35 feet to a 1/2 |
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inch iron rod with a yellow plastic cap stamped "DAA" set at the |
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Southeast corner of said Acton tract and the Northeast corner of a |
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tract of land described in Deed to Marcus Brown and wife, Emma Lee |
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Brown, recorded in Volume 1193, Page 85, Deed Records, Grayson |
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County, Texas; |
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THENCE North 89 degrees 08 minutes 51 seconds West, leaving |
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said East line, a distance of 3,564.29 feet to a 1/2 inch iron rod |
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with a yellow plastic cap stamped "DAA" set in the North line of a |
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tract of land described in Deed to Marcus H. Brown and wife, Emma |
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Lee Brown, recorded in Volume 1481, Page 708, Deed Records, Grayson |
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County, Texas, at the Southwest corner of said Acton tract; |
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THENCE North 00 degrees 40 minutes 39 seconds East, leaving |
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the North line of said Brown tract, a distance of 2657.33 feet to a |
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1/2 inch iron rod with a yellow plastic cap stamped "DAA" set in the |
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approximate centerline of said Quail Run Road at the Northwest |
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corner of said Acton tract; |
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THENCE South 88 degrees 59 minutes 13 seconds East, along the |
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approximate centerline of said Quail Run Road, a distance of |
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3564.33 feet to the POINT OF BEGINNING and containing 217.026 acres |
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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 |
|
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 |
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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 |
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and accomplished. |
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SECTION 4. This Act takes effect September 1, 2009. |