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relating to the creation of the Cottonwood Municipal Utility |
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District No. 2 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 8309 to read as follows: |
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CHAPTER 8309. COTTONWOOD MUNICIPAL UTILITY DISTRICT NO. 2 OF |
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GRAYSON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8309.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Cottonwood Municipal Utility |
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District No. 2 of Grayson County. |
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Sec. 8309.002. 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. 8309.003. 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. 8309.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8309.003 |
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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. 8309.005. 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. 8309.006. 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 enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting 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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Sec. 8309.007. ELIGIBILITY FOR INCLUSION IN TAX INCREMENT |
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REINVESTMENT ZONE. (a) The district is eligible to be included in |
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a tax increment reinvestment zone created under Chapter 311, Tax |
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Code. |
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(b) If the City of Dorchester creates a tax increment |
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reinvestment zone described by Subsection (a) that includes all or |
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part of the territory of the district, the City of Dorchester and |
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the board of directors of the zone, by contract with the district, |
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may grant money to the district from the tax increment fund to be |
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used for a permissible purpose of the district, including the right |
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to pledge the money as security for a bond or other obligation |
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issued by the district and for any permissible purpose of a |
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corporation under Section 380.002(b), Local Government Code. |
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[Sections 8309.008-8309.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8309.051. 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 8309.052, directors serve |
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staggered four-year terms. |
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Sec. 8309.052. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2011, 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 commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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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 8309.003; or |
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(2) September 1, 2015. |
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(c) If permanent directors have not been elected under |
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Section 8309.003 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 8309.003; 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 8309.053-8309.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8309.101. 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. 8309.102. 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. 8309.103. 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. 8309.104. 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. 8309.105. 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 located in the district and authorized by Section 8309.103 in |
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accordance with all applicable ordinances and rules of the |
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political subdivision authorized to exercise jurisdiction over the |
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road, regardless of whether the district conveys the road to this |
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state, a county, or a municipality. |
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Sec. 8309.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. (a) 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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(b) In addition to all the rights and remedies provided by |
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other law, if the district violates the terms of an ordinance or |
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resolution described by Subsection (a), the municipality is |
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entitled to injunctive relief or a writ of mandamus issued by a |
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court requiring the district and the district's officials to |
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observe and comply with the terms of the ordinance or resolution. |
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Sec. 8309.107. MUNICIPAL CONSENT. 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 8309.004 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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Sec. 8309.108. EFFECT OF ANNEXATION BY CITY OF DORCHESTER. |
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Notwithstanding Section 54.016(f)(2), Water Code, an allocation |
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agreement between the City of Dorchester and the district that |
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provides for the allocation of the taxes or revenues of the district |
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and the city following the date of inclusion of all the district's |
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territory in the corporate limits of the city may provide that the |
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total annual ad valorem taxes collected by the city and the district |
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from taxable property in the district may exceed the city's ad |
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valorem tax on that property. |
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Sec. 8309.109. 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 8309.103; 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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[Sections 8309.110-8309.150 reserved for expansion] |
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SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
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Sec. 8309.151. DIVISION OF DISTRICT; PREREQUISITES. The |
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district may be divided into two or more new districts only if the |
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district: |
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(1) has never issued any bonds; and |
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(2) is not imposing ad valorem taxes. |
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Sec. 8309.152. LAW APPLICABLE TO NEW DISTRICT. This |
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chapter applies to any new district created by division of the |
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district, and a new district has all the powers and duties of the |
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district. |
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Sec. 8309.153. LIMITATION ON AREA OF NEW DISTRICT. A new |
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district created by the division of the district may not, at the |
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time the new district is created, contain any land outside the area |
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described by Section 2 of the Act enacting this chapter. |
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Sec. 8309.154. DIVISION PROCEDURES. (a) The board, on its |
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own motion or on receipt of a petition signed by 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 adopt an order dividing the district. |
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(b) 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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8309.003 to confirm the district's creation. |
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(c) An order dividing the district must: |
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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 the new districts. |
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(d) 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 commission and record the order in the real property |
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records of each county in which the district is located. |
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Sec. 8309.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a) |
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A new district created by the division of the district shall hold a |
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confirmation and directors' election as required by Section |
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8309.003. |
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(b) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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Sec. 8309.156. TAX OR BOND ELECTION. Before a new district |
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created by the division of the district may impose a maintenance tax |
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or issue bonds payable wholly or partly from ad valorem taxes, the |
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new district must hold an election as required by this chapter to |
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obtain voter approval. |
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[Sections 8309.157-8309.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 8309.201. 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 8309.203. |
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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. 8309.202. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8309.201, 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. 8309.203. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
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[Sections 8309.204-8309.250 reserved for expansion] |
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SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS |
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Sec. 8309.251. 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, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
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Sec. 8309.252. 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. 8309.253. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
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SECTION 2. The Cottonwood Municipal Utility District No. 2 |
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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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829.133 ACRES |
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BEING A 833.173 ACRE TRACT OF LAND SITUATED IN THE JAMES McKINNEY |
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SURVEY, ABSTRACT NUMBER 777, THE JOHN M. HILLIS SURVEY, ABSTRACT |
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NO. 534 AND THE JOHN BROOKE SURVEY, ABSTRACT NUMBER 109, GRAYSON |
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COUNTY, TEXAS, AND BEING PART OF TRACT 1, TRACT 2 AND ALL OF TRACT 3, |
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CONVEYED TO WALTON TEXAS, L.P., AS RECORD IN VOLUME 4338. PAGE 149 |
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DEED RECORDS, GRAYSON COUNTY, TEXAS, ALL OF A 99.012 ACRE TRACT OF |
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LAND CONVEYED TO WALTON TEXAS, L.P., AS RECORDED IN COUNTY CLERK'S |
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FILE NO. 2009-00018804, DEED RECORDS, GRAYSON COUNTY, TEXAS. SAID |
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833.173 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE |
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PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83, AND BEING MORE |
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PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING AT A 1/2 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF |
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SAID TRACT 2 AND THE COMMON SOUTHEAST CORNER OF A TRACT OF LAND |
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CONVEYED TO BLYTHE STANLEY ET AL, AS RECORDED IN VOLUME 1258, PAGE |
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155, DEED RECORDS, GRAYSON COUNTY, TEXAS; |
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THENCE, NORTH 00 DEGREES 49 MINUTES 34 SECONDS WEST, ALONG THE WEST |
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LINE OF SAID TRACT 2 AND THE COMMON EAST LINE OF SAID STANLEY TRACT, |
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A DISTANCE OF 2418.62 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE |
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NORTHWEST CORNER OF SAID TRACT 2, SAID POINT BEING ON THE SOUTH |
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RIGHT-OF-WAY LINE OF FARM TO MARKET ROAD NO. 902; |
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THENCE, ALONG THE NORTH LINE OF SAID TRACT 2 AND THE COMMON SOUTH |
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RIGHT-OF-WAY LINE OF SAID FARM TO MARKET ROAD NO. 902, THE FOLLOWING |
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COURSES AND DISTANCES: |
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NORTH 89 DEGREES 12 MINUTES 09 SECONDS EAST, A DISTANCE OF |
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542.22 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED |
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"JACOBS" SET FOR CORNER; |
|
SOUTH 83 DEGREES 24 MINUTES 22 SECONDS EAST, A DISTANCE OF |
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151.28 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED |
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"JACOBS" SET FOR CORNER; |
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NORTH 89 DEGREES 13 MINUTES 54 SECONDS EAST, A DISTANCE OF |
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1240.55 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A |
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NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 2640.00 |
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FEET, A CENTRAL ANGLE OF 35 DEGREES 58 MINUTES 22 SECONDS, A |
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CHORD THAT BEARS SOUTH 15 DEGREES 17 MINUTES 02 SECONDS EAST, |
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A CHORD DISTANCE OF 1630.41 FEET; |
|
THENCE OVER AND ACROSS SAID TRACT 1 AND TRACT 2, THE FOLLOWING |
|
CORSES AND DISTANCES: |
|
ALONG SAID NON-TANGENT CURVE TO THE LEFT AN ARC LENGTH OF |
|
1657.50 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A |
|
NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2640.00 |
|
FEET, A CENTRAL ANGLE OF 26 DEGREES 26 MINUTES 43 SECONDS, A |
|
CHORD THAT BEARS SOUTH 45 DEGREES 42 MINUTES 20 SECONDS WEST, |
|
A CHORD DISTANCE OF 1207.72 FEET; |
|
ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC LENGTH OF |
|
1218.51 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A |
|
NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2640.00 |
|
FEET, A CENTRAL ANGLE OF 22 DEGREES 23 MINUTES 04 SECONDS, A |
|
CHORD THAT BEARS SOUTH 19 DEGREES 35 MINUTES 45 SECONDS WEST, |
|
A CHORD DISTANCE OF 1024.86 FEET; |
|
ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC LENGTH OF |
|
1031.40 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A |
|
NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 2640.00 |
|
FEET, A CENTRAL ANGLE OF 30 DEGREES 40 MINUTES 25 SECONDS, A |
|
CHORD THAT BEARS SOUTH 38 DEGREES 23 MINUTES 39 SECONDS EAST, |
|
WITH A CHORD DISTANCE OF 1396.52 FEET; |
|
ALONG SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF |
|
1413.33 FEET TO A POINT FOR CORNER; |
|
THENCE CONTINUING OVER AND ACROSS SAID TRACT 1, TRACT 2 AND ALONG |
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THE CENTERLINE OF A SQUIRREL CREEK, THE FOLLOWING COURSES AND |
|
DISTANCES: |
|
SOUTH 25 DEGREES 15 MINUTES 26 SECONDS EAST A DISTANCE OF |
|
21.66 FEET TO A POINT FOR CORNER; |
|
SOUTH 12 DEGREES 11 MINUTES 08 SECONDS EAST A DISTANCE OF |
|
41.70 FEET TO A POINT FOR CORNER; |
|
SOUTH 05 DEGREES 52 MINUTES 59 SECONDS EAST A DISTANCE OF |
|
47.64 FEET TO A POINT FOR CORNER; |
|
SOUTH 05 DEGREES 39 MINUTES 30 SECONDS EAST A DISTANCE OF |
|
136.64 FEET TO A POINT FOR CORNER; |
|
SOUTH 06 DEGREES 26 MINUTES 05 SECONDS WEST A DISTANCE OF |
|
51.12 FEET TO A POINT FOR CORNER; |
|
SOUTH 16 DEGREES 41 MINUTES 27 SECONDS WEST A DISTANCE OF |
|
90.38 FEET TO A POINT FOR CORNER; |
|
SOUTH 27 DEGREES 34 MINUTES 42 SECONDS EAST A DISTANCE OF |
|
35.69 FEET TO A POINT FOR CORNER; |
|
SOUTH 17 DEGREES 03 MINUTES 31 SECONDS EAST A DISTANCE OF |
|
34.71 FEET TO A POINT FOR CORNER; |
|
SOUTH 01 DEGREES 29 MINUTES 19 SECONDS EAST A DISTANCE OF |
|
88.46 FEET TO A POINT FOR CORNER; |
|
SOUTH 44 DEGREES 52 MINUTES 39 SECONDS WEST A DISTANCE OF |
|
24.13 FEET TO A POINT FOR CORNER; |
|
SOUTH 06 DEGREES 13 MINUTES 55 SECONDS WEST A DISTANCE OF |
|
13.74 FEET TO A POINT FOR CORNER; |
|
SOUTH 36 DEGREES 27 MINUTES 00 SECONDS EAST A DISTANCE OF |
|
27.32 FEET TO A POINT FOR CORNER; |
|
SOUTH 46 DEGREES 29 MINUTES 21 SECONDS WEST A DISTANCE OF |
|
17.99 FEET TO A POINT FOR CORNER; |
|
SOUTH 02 DEGREES 57 MINUTES 51 SECONDS WEST, A DISTANCE OF |
|
374.03 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED |
|
"JACOBS" SET FOR CORNER; |
|
SOUTH 05 DEGREES 14 MINUTES 52 SECONDS EAST, A DISTANCE OF |
|
238.15 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED |
|
"JACOBS" SET FOR CORNER; |
|
SOUTH 10 DEGREES 41 MINUTES 50 SECONDS EAST, A DISTANCE OF |
|
75.61 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED |
|
"JACOBS" SET FOR CORNER; |
|
SOUTH 05 DEGREES 59 MINUTES 19 SECONDS WEST, A DISTANCE OF |
|
115.66 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED |
|
"JACOBS" SET FOR CORNER; |
|
SOUTH 14 DEGREES 01 MINUTES 23 SECONDS EAST, A DISTANCE OF |
|
100.84 FEET TO A POINT FOR CORNER; |
|
SOUTH 19 DEGREES 24 MINUTES 07 SECONDS EAST A DISTANCE OF |
|
166.51 FEET TO A POINT FOR CORNER; |
|
SOUTH 31 DEGREES 16 MINUTES 28 SECONDS EAST A DISTANCE OF |
|
81.39 FEET TO A POINT FOR CORNER; |
|
SOUTH 06 DEGREES 56 MINUTES 56 SECONDS EAST A DISTANCE OF |
|
143.07 FEET TO A POINT FOR CORNER; |
|
SOUTH 21 DEGREES 15 MINUTES 55 SECONDS EAST A DISTANCE OF |
|
125.12 FEET TO A POINT FOR CORNER; |
|
SOUTH 22 DEGREES 19 MINUTES 26 SECONDS EAST A DISTANCE OF |
|
137.42 FEET TO A POINT FOR CORNER; |
|
SOUTH 03 DEGREES 29 MINUTES 03 SECONDS EAST A DISTANCE OF |
|
87.00 FEET TO A POINT FOR CORNER; |
|
SOUTH 12 DEGREES 06 MINUTES 40 SECONDS EAST A DISTANCE OF |
|
100.19 FEET TO A POINT FOR CORNER; |
|
SOUTH 04 DEGREES 50 MINUTES 54 SECONDS EAST A DISTANCE OF |
|
101.13 FEET TO A POINT FOR CORNER; |
|
SOUTH 17 DEGREES 30 MINUTES 56 SECONDS EAST A DISTANCE OF |
|
45.37 FEET TO A POINT FOR CORNER; |
|
SOUTH 07 DEGREES 14 MINUTES 40 SECONDS EAST A DISTANCE OF |
|
83.49 FEET TO A POINT FOR CORNER; |
|
SOUTH 09 DEGREES 43 MINUTES 11 SECONDS WEST A DISTANCE OF |
|
159.89 FEET TO A POINT FOR CORNER; |
|
SOUTH 18 DEGREES 37 MINUTES 50 SECONDS WEST A DISTANCE OF |
|
245.20 FEET TO A POINT FOR CORNER; |
|
SOUTH 18 DEGREES 23 MINUTES 26 SECONDS WEST A DISTANCE OF |
|
204.08 FEET TO A POINT FOR CORNER; |
|
SOUTH 11 DEGREES 10 MINUTES 06 SECONDS EAST A DISTANCE OF |
|
304.68 FEET TO A POINT FOR CORNER; |
|
SOUTH 03 DEGREES 39 MINUTES 54 SECONDS EAST A DISTANCE OF |
|
172.25 FEET TO A POINT FOR CORNER; |
|
SOUTH 05 DEGREES 37 MINUTES 16 SECONDS WEST A DISTANCE OF |
|
87.78 FEET TO A POINT FOR CORNER; |
|
SOUTH 06 DEGREES 17 MINUTES 14 SECONDS EAST A DISTANCE OF |
|
136.06 FEET TO A POINT FOR CORNER; |
|
SOUTH 09 DEGREES 23 MINUTES 35 SECONDS EAST A DISTANCE OF |
|
121.64 FEET TO A POINT FOR CORNER; |
|
SOUTH 02 DEGREES 15 MINUTES 16 SECONDS EAST A DISTANCE OF |
|
249.17 FEET TO A POINT FOR CORNER; |
|
SOUTH 16 DEGREES 22 MINUTES 44 SECONDS WEST A DISTANCE OF |
|
294.95 FEET TO A POINT FOR CORNER; |
|
SOUTH 19 DEGREES 19 MINUTES 10 SECONDS WEST A DISTANCE OF |
|
540.50 FEET TO A POINT FOR CORNER; |
|
SOUTH 00 DEGREES 07 MINUTES 25 SECONDS WEST A DISTANCE OF |
|
170.72 FEET TO A POINT FOR CORNER ON THE SOUTH LINE OF SAID |
|
TRACT 1; |
|
THENCE, SOUTH 89 DEGREES 19 MINUTES 53 SECONDS WEST, ALONG THE SOUTH |
|
LINE OF SAID TRACT 1, A DISTANCE OF 1098.53 FEET TO A POINT CORNER; |
|
THENCE, SOUTH 01 DEGREES 21 MINUTES 45 SECONDS EAST, WITH THE EAST |
|
LINE OF SAID 99.012 TRACT, A DISTANCE OF 3585.11 FEET TO A P.K. NAIL |
|
FOUND IN THE NORTH LINE OF A TRACT OF LAND DESCRIBED IN DEED TO WAYNE |
|
CAVENDER, RECORDED IN VOLUME 953, PAGE 529 DEED RECORDS, GRAYSON |
|
COUNTY, TEXAS AND IN SAID HALL CEMETERY ROAD; |
|
THENCE, SOUTH 89 DEGREES 18 MINUTES 15 SECONDS WEST, WITH SAID NORTH |
|
LINE AND GENERALLY ALONG SAID HALL CEMETERY ROAD A DISTANCE OF |
|
524.30 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED |
|
"CARTER BURGESS" FOUND FOR CORNER AT AN ANGLE POINT IN THE EAST LINE |
|
OF A TRACT OF LAND DESCRIBED IN DEED TO DAVID CATCHING, RECORDED IN |
|
VOLUME 1438, PAGE 765 DEED RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 29 DEGREES 20 MINUTES 45 SECONDS WEST, WITH THE EAST |
|
LINE OF SAID DAVID CATCHING TRACT, AND GENERALLY ALONG SAID HALL |
|
CEMETERY ROAD A DISTANCE OF 590.10 FEET TO A 5/8" IRON ROD WITH |
|
YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR THE NORTHEAST |
|
CORNER OF SAID DAVID CATCHING TRACT; |
|
THENCE, NORTH 89 DEGREES 57 MINUTES 45 SECONDS WEST, WITH THE NORTH |
|
LINE OF SAID DAVID CATCHING TRACT, AND GENERALLY ALONG SAID HALL |
|
CEMETERY ROAD A DISTANCE OF 734.90 FEET TO A PK NAIL FOUND FOR THE |
|
SOUTHWEST CORNER OF SAID 99.012 ACRE TRACT, AND THE SOUTHEAST |
|
CORNER OF A TRACT OF LAND CONVEYED TO MURRY H. AKINS, BY DEED |
|
RECORDED IN VOLUME 2352, PAGE 350, DEED RECORDS, GRAYSON COUNTY, |
|
TEXAS; |
|
THENCE, NORTH 01 DEGREES 20 MINUTES 45 SECONDS WEST, PASSING AT A |
|
DISTANCE OF 25.01 FEET A 1/2" IRON ROD FOUND AT A FENCE CORNER POST, |
|
AND CONTINUING ALONG SAID FENCE LINE, AND WITH THE COMMON EAST LINE |
|
OF SAID MURRY H. AKINS TRACT, A TOTAL DISTANCE OF 2134.20 FEET TO A |
|
5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" |
|
FOUND FOR CORNER IN THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN |
|
DEED TO ERNEST B. STRAWN, RECORDED IN VOLUME 1094, PAGE 234 DEED |
|
RECORDS, GRAYSON COUNTY, TEXAS AND AT THE NORTHEAST CORNER OF SAID |
|
MURRY H. AKINS TRACT; |
|
THENCE, NORTH 88 DEGREES 41 MINUTES 48 SECONDS EAST, WITH THE SOUTH |
|
LINE OF SAID ERNEST B. STRAWN TRACT AND ALONG A FENCE LINE A |
|
DISTANCE OF 752.93 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTHEAST |
|
CORNER OF SAID ERNEST B. STRAWN TRACT; |
|
THENCE, NORTH 00 DEGREES 35 MINUTES 13 SECONDS WEST, WITH THE WEST |
|
LINE OF SAID 90.012 ACRE TRACT, AND THE COMMON EAST LINE OF SAID |
|
ERNEST B. STRAWN TRACT AND ALONG A FENCE LINE A DISTANCE OF 915.93 |
|
FEET TO A POINT CORNER ON THE SOUTH LINE OF AFORESAID TRACT 1; |
|
THENCE, SOUTH 89 DEGREES 19 MINUTES 53 SECONDS WEST, WITH THE SOUTH |
|
LINE OF SAID TRACT 1, A DISTANCE OF 34.25 FEET TO A 5/8" IRON ROD |
|
WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR THE |
|
SOUTHWEST CORNER OF SAID TRACT 1, AND BEING AN INTERIOR ELL CORNER |
|
OF SAID ERNEST B. STRAWN TRACT; |
|
THENCE, NORTH 00 DEGREES 40 MINUTES 07 SECONDS WEST, ALONG THE WEST |
|
LINE OF SAID TRACT 1, AND THE COMMON EAST LINE OF SAID ERNEST B. |
|
STRAWN TRACT, A DISTANCE OF 1947.25 FEET TO A 1/2 INCH IRON ROD |
|
FOUND FOR CORNER AT THE "T" INTERSECTION OF PUBLIC ROADS FOR THE |
|
NORTHEAST CORNER OF SAID ERNEST B. STRAWN TRACT SAME BEING COMMON |
|
WITH THE SOUTHEAST CORNER OF AFORESAID TRACT 3; |
|
THENCE, SOUTH 88 DEGREES 22 MINUTES 39 SECONDS WEST, ALONG THE SOUTH |
|
LINE OF SAID TRACT 3 AND THE COMMON NORTH LINE OF SAID STRAWN TRACT, |
|
A DISTANCE OF 2627.91 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE |
|
SOUTHWEST CORNER OF SAID TRACT 3 AND A SOUTHEAST CORNER OF A TRACT |
|
OF LAND CONVEYED TO JERRY RAY EPTING, AS RECORDED IN VOLUME 2232, |
|
PAGE 622, DEED RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 01 DEGREES 00 MINUTES 50 SECONDS WEST, ALONG THE WEST |
|
LINE OF SAID TRACT 3 AND THE COMMON EAST LINES OF THE FOLLOWING |
|
TRACTS: SAID EPTING TRACT, A TRACT OF LAND CONVEYED TO TAYLOR LEE |
|
STRAWN, AS RECORDED IN VOLUME 1251, PAGE 142, DEED RECORDS, GRAYSON |
|
COUNTY, TEXAS, A TRACT OF LAND CONVEYED TO DOROTHY A. CHESLEY, AS |
|
RECORDED IN VOLUME 1537, PAGE 61, DEED RECORDS, GRAYSON COUNTY, |
|
TEXAS, A DISTANCE OF 4842.77 FEET TO A 5/8 INCH IRON ROD WITH A |
|
YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR A NORTHWEST |
|
CORNER OF SAID TRACT 3 AND THE COMMON SOUTHWEST CORNER OF A TRACT OF |
|
LAND CONVEYED TO ROBERT CATCHING, JR., AS RECORDED IN VOLUME 2343, |
|
PAGE 580, DEED RECORDS, GRAYSON COUNTY, TEXAS, SAID POINT BEING IN |
|
THE EAST LINE OF SAID CHESLEY TRACT; |
|
THENCE, NORTH 89 DEGREES 05 MINUTES 47 SECONDS EAST, ALONG A NORTH |
|
LINE OF SAID TRACT 3 AND THE COMMON SOUTH LINE OF SAID ROBERT |
|
CATCHING, JR. TRACT, A DISTANCE OF 979.12 FEET TO A 5/8 INCH IRON |
|
ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR |
|
CORNER; |
|
THENCE, NORTH 00 DEGREES 54 MINUTES 13 SECONDS WEST, ALONG A WEST |
|
LINE OF SAID TRACT 3 AND THE COMMON EAST LINE OF SAID ROBERT |
|
CATCHING, JR. TRACT, A DISTANCE OF 447.55 FEET TO A 5/8 INCH IRON |
|
ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR A |
|
NORTHWEST CORNER OF SAID TRACT 3 AND A COMMON NORTHEAST CORNER OF |
|
SAID ROBERT CATCHING, JR. TRACT, SAID POINT BEING IN THE SOUTH LINE |
|
OF A TRACT OF LAND CONVEYED TO FURIZON LIMITED L.P., AS RECORDED IN |
|
VOLUME 3697, PAGE 766, DEED RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 89 DEGREES 05 MINUTES 47 SECONDS EAST, ALONG THE NORTH |
|
LINE OF SAID TRACT 3, THE SOUTH LINE OF SAID FURIZON LIMITED, L.P. |
|
TRACT AND THE SOUTH LINE OF AFORESAID STANLEY TRACT, A DISTANCE OF |
|
1686.53 FEET TO THE POINT OF BEGINNING, AND CONTAINING 833.2173 |
|
ACRES OF LAND, MORE OR LESS. |
|
SAVE AND EXCEPT |
|
4.040 ACRES |
|
BEING A 4.040 ACRE TRACT OF LAND SITUATED IN THE JOHN M. HILLIS |
|
SURVEY, ABSTRACT NO. 534, GRAYSON COUNTY, TEXAS, AND BEING ALL OF A |
|
TRACT OF LAND CONVEYED TO ROBERT L. CATCHING, SR., AS RECORED IN |
|
VOLUME 4018, PAGE 792, DEED RECORDS, GRAYSON COUNTY, TEXAS AND |
|
BEING PART OF A TRACT OF LAND CONVEYED AS "TRACT 1" TO WALTON TEXAS, |
|
L.P., AS RECORD IN VOLUME 4338. PAGE 149 DEED RECORDS, GRAYSON |
|
COUNTY, TEXAS. SAID 4.040 ACRE TRACT BEING MORE PARTICULARLY |
|
DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING AT A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED |
|
"CARTER BURGESS" FOUND IN A GRAVEL ROAD FOR THE NORTHEAST CORNER OF |
|
THIS TRACT FROM WHICH THE SOUTHEAST CORNER OF SAID TRACT 1, BEARS |
|
NORTH 89 DEGREES 46 MINUTES 00 SECONDS EAST, A DISTANCE OF 386.61 |
|
AND SOUTH 00 DEGREES 40 MINUTES 07 SECONDS EAST, A DISTANCE OF |
|
1960.86 FEET, AND THE NORTHEAST CORNER OF THE CATCHING TRACT |
|
RECORDED IN SAID VOLUME 4018, PAGE 792, BEARS SOUTH 78 DEGREES 27 |
|
MINUTES 14 SECONDS WEST, A DISTANCE OF 105.81 FEET; |
|
THENCE, SOUTH 00 DEGREES 11 MINUTES 32 SECONDS EAST, A DISTANCE OF |
|
378.50 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED |
|
"CARTER BURGESS" FOUND FOR THE SOUTHEAST CORNER OF THIS TRACT, FROM |
|
WHICH THE SOUTHEAST CORNER OF THE CATCHING TRACT RECORDED IN SAID |
|
VOLUME 4018, PAGE 792, BEARS NORTH 61 DEGREES 27 MINUTES 23 SECONDS |
|
WEST, A DISTANCE OF 115.62 FEET; |
|
THENCE, SOUTH 89 DEGREES 19 MINUTES 53 SECONDS WEST, A DISTANCE OF |
|
464.84 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED |
|
"CARTER BURGESS" FOUND FOR THE SOUTHWEST CORNER OF THIS TRACT, FROM |
|
WHICH THE SOUTHWEST CORNER OF THE CATCHING TRACT RECORDED IN SAID |
|
VOLUME 4018, PAGE 792, BEARS NORTH 52 DEGREES 29 MINUTES 24 SECONDS |
|
EAST, A DISTANCE OF 94.36 FEET; |
|
THENCE, NORTH 00 DEGREES 11 MINUTES 32 SECONDS WEST, A DISTANCE OF |
|
378.63 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED |
|
"CARTER BURGESS" FOUND IN SAID GRAVEL ROAD FOR THE NORTHWEST CORNER |
|
OF THIS TRACT, FROM WHICH THE NORTHWEST CORNER OF THE CATCHING TRACT |
|
RECORDED IN SAID VOLUME 4018, PAGE 792, BEARS SOUTH 75 DEGREES 17 |
|
MINUTES 27 SECONDS EAST, A DISTANCE OF 75.22 FEET; |
|
THENCE, NORTH 89 DEGREES 20 MINUTES 50 SECONDS EAST, GENERALLY |
|
ALONG THE CENTER OF SAID GRAVEL ROAD, A DISTANCE OF 464.84 FEET TO |
|
THE POINT OF BEGINNING, AND CONTAINING 4.040 ACRES OF LAND, MORE OR |
|
LESS, LEAVING A NET ACREAGE OF 829.133 ACRES OF LAND, MORE OR LESS. |
|
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. (a) Section 8309.109, Special District Local |
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 8309, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 8309.109 to read as follows: |
|
Sec. 8309.109. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. Except as provided by Section 4 of this Act: |
|
(1) 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; and |
|
(2) if this Act does not receive the vote necessary for |
|
immediate effect, this Act takes effect September 1, 2011. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 3803 was passed by the House on April |
|
26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 3803 was passed by the Senate on May |
|
21, 2011, by the following vote: Yeas 31, Nays 0 |
|
. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |