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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 Mustang Ranch Municipal Management |
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District No. 1; providing authority to levy an assessment and issue |
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bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3885 to read as follows: |
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CHAPTER 3885. MUSTANG RANCH MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3885.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Celina, Texas. |
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(3) "County" means Collin County, Texas. |
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(4) "Development agreement" means the development |
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agreement between the city and Celina 682 Partners, L.P., initially |
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effective June 11, 2007. |
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(5) "Director" means a board member. |
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(6) "District" means the Mustang Ranch Municipal |
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Management District No. 1. |
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Sec. 3885.002. CREATION AND NATURE OF DISTRICT. The |
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district is a special district created under Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution. |
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Sec. 3885.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city or county from providing the level |
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of services provided to the area in the district as of the effective |
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date of the Act enacting this chapter. The district is created to |
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supplement and not to supplant the city and county services |
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provided in the district. |
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Sec. 3885.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The district is created to accomplish the purposes of a |
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municipal management district as provided by general law and |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution. |
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(d) The creation of the district is in the public interest |
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and is essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and commerce. |
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(e) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty. |
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(f) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(g) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3885.005. 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 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 contract; |
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(3) authority to borrow money or issue bonds or other |
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obligations described by Section 3885.253 or to pay the principal |
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and interest of the bonds or other obligations; |
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(4) right to impose or collect an assessment, or |
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collect other revenue; or |
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(5) legality or operation. |
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Sec. 3885.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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(a) All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code; or |
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(4) an industrial district created under Chapter 42, |
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Local Government Code. |
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(b) If the city creates a tax increment reinvestment zone |
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described by Subsection (a), the city and the board of directors of |
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the zone, by contract with the district, may grant money deposited |
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in the tax increment fund to the district to be used by the district |
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for: |
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(1) the purposes permitted for money granted to a |
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corporation under Section 380.002(b), Local Government Code; and |
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(2) any other district purpose, including the right to |
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pledge the money as security for any bonds or other obligations |
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issued by the district under Section 3885.253. |
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(c) A tax increment reinvestment zone created by the city in |
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the district is not subject to the limitations provided by Section |
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311.006, Tax Code. |
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Sec. 3885.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICT LAW. Except as provided by this chapter, Chapter 375, |
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Local Government Code, applies to the district. |
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Sec. 3885.008. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed in conformity with the |
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findings and purposes stated in this chapter. |
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[Sections 3885.009-3885.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3885.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors composed of: |
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(1) two directors appointed by the governing body of |
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the city; |
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(2) one director appointed by the governing body of |
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the city who is an employee of the Prosper Independent School |
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District; |
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(3) the city manager; and |
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(4) the city's chief financial officer. |
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(b) An appointed director serves a term of four years. |
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Sec. 3885.052. QUALIFICATIONS OF DIRECTOR. (a) Section |
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375.063, Local Government Code, does not apply to a director |
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employed by the city or the Prosper Independent School District. |
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(b) Section 49.052, Water Code, does not apply to the |
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district. |
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Sec. 3885.053. VACANCY. The governing body of the city |
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shall appoint a director to fill a vacancy on the board for the |
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remainder of the unexpired term. |
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Sec. 3885.054. DIRECTOR'S OATH OR AFFIRMATION. A director |
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shall file the director's oath or affirmation of office with the |
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district, and the district shall retain the oath or affirmation in |
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the district records. |
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Sec. 3885.055. OFFICERS. The board shall elect from among |
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the directors a chair, a vice chair, and a secretary. |
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Sec. 3885.056. COMPENSATION; EXPENSES. (a) The district |
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may compensate each director in an amount not to exceed $150 for |
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each board meeting. |
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(b) A director is entitled to reimbursement for necessary |
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and reasonable expenses incurred in carrying out the duties and |
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responsibilities of a director. |
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Sec. 3885.057. LIABILITY INSURANCE. The district may |
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obtain and pay for comprehensive general liability insurance |
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coverage from a commercial insurance company or other source that |
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protects and insures the directors against personal liability and |
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from all claims for actions taken as directors or actions and |
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activities taken by the district or by others acting on its behalf. |
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Sec. 3885.058. BOARD MEETINGS. The board shall hold |
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meetings at a place accessible to the public. |
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Sec. 3885.059. INITIAL DIRECTORS. (a) The initial board |
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consists of the following directors: |
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(1) Rod Hogan, city manager; |
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(2) Jay Toutounchian, city chief financial officer; |
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(3) Jim Melino; |
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(4) Drew Watkins, Prosper Independent School District |
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employee; and |
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(5) a director appointed by the governing body of the |
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city. |
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(b) Of the initial directors, the term of the director |
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appointed under Subsection (a)(3) expires May 31, 2014, and the |
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terms of the directors appointed under Subsections (a)(4) and (5) |
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expire May 31, 2012. |
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(c) This section expires September 1, 2014. |
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[Sections 3885.060-3885.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3885.101. 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. 3885.102. IMPROVEMENT PROJECTS. The district may |
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provide, or it may enter into contracts with a governmental or |
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private entity to provide, the improvement projects described by |
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Subchapter C-1 or activities in support of or incidental to those |
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projects. |
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Sec. 3885.103. WATER DISTRICT POWERS. The district has the |
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powers provided by the general laws relating to conservation and |
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reclamation districts created under Section 59, Article XVI, Texas |
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Constitution, including Chapters 49 and 54, Water Code. |
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Sec. 3885.104. ROAD DISTRICT POWERS. The district has the |
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powers provided by the general laws relating to road districts and |
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road utility districts created under Section 52(b), Article III, |
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Texas Constitution, including Chapter 441, Transportation Code. |
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Sec. 3885.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The |
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district has the powers provided by Chapter 372, Local Government |
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Code, to a municipality or county. |
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Sec. 3885.106. CONTRACT POWERS. The district may contract |
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with a governmental or private entity, on terms determined by the |
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board, to carry out a power or duty authorized by this chapter or to |
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accomplish a purpose for which the district is created. |
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Sec. 3885.107. EMERGENCY SERVICES. (a) This section |
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applies only to territory in the district: |
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(1) that is in the extraterritorial jurisdiction of |
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the city; |
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(2) for which a plat has been filed; and |
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(3) that includes 100 or more residents. |
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(b) To protect the public interest, the district shall |
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provide or contract with a qualified party to provide emergency |
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services, including law enforcement, fire, and ambulance services, |
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in the territory described by Subsection (a). |
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Sec. 3885.108. AMENDMENT OF DEVELOPMENT AGREEMENT. The |
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parties to the development agreement may amend the agreement as |
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necessary to accomplish the purposes of the district. |
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Sec. 3885.109. ECONOMIC DEVELOPMENT. (a) The district may |
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engage in activities that accomplish the economic development |
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purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers that: |
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(1) Chapter 380, Local Government Code, provides to a |
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municipality; and |
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(2) Subchapter A, Chapter 1509, Government Code, |
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provides to a municipality. |
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Sec. 3885.110. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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Sec. 3885.111. NO TOLL ROADS. The district may not |
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construct, acquire, maintain, or operate a toll road. |
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[Sections 3885.112-3885.150 reserved for expansion] |
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SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES |
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Sec. 3885.151. IMPROVEMENT PROJECTS AND SERVICES. The |
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district may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service using money available to the district, or contract with a |
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governmental or private entity to provide, design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project or service authorized under this chapter or |
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Chapter 375, Local Government Code. |
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Sec. 3885.152. BOARD DETERMINATION REQUIRED. The district |
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may not undertake an improvement project unless the board |
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determines the project: |
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(1) is necessary to accomplish a public purpose of the |
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district; and |
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(2) complies with the development agreement or the |
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parties to the development agreement agree to the project, in |
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writing. |
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Sec. 3885.153. LOCATION OF IMPROVEMENT PROJECT. An |
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improvement project may be inside or outside the district. |
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Sec. 3885.154. CITY REQUIREMENTS. (a) An improvement |
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project in the city must comply with any applicable requirements of |
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the city, including codes and ordinances, that are consistent with |
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the development agreement. |
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(b) The district may not provide, conduct, or authorize any |
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improvement project on the city's streets, highways, |
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rights-of-way, or easements without the consent of the governing |
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body of the city. |
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Sec. 3885.155. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE |
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AREA. The district may undertake an improvement project or service |
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that confers a special benefit on a definable area in the district |
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and levy and collect a special assessment on benefited property in |
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the district in accordance with: |
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(1) Chapter 372, Local Government Code; or |
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(2) Chapter 375, Local Government Code. |
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Sec. 3885.156. CONTRACTS. A contract to design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project is considered a contract for a good or service |
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under Subchapter I, Chapter 271, Local Government Code. |
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[Sections 3885.157-3885.200 reserved for expansion] |
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SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
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Sec. 3885.201. DIVISION OF DISTRICT; PREREQUISITE. The |
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district may be divided into two or more new districts only if the |
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district has no outstanding bonded debt. |
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Sec. 3885.202. 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. 3885.203. DIVISION PROCEDURES. (a) The board, on its |
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own motion or on receipt of a petition signed by an owner of real |
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property in the district, may adopt an order proposing to divide the |
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district. |
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(b) The board may not divide the district unless the |
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division is approved by the governing body of the city by |
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resolution. The resolution may set terms for the division under |
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Subsection (c). |
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(c) If the board decides to divide the district, the board |
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shall, subject to the city's resolution: |
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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; |
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(2) prepare a metes and bounds description for each |
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proposed district; and |
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(3) appoint initial directors for each new district. |
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Sec. 3885.204. NOTICE AND RECORDING OF ORDER. Not later |
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than the 30th day after the date of an order dividing the district, |
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the district shall: |
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(1) file the order with the Texas Commission on |
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Environmental Quality; and |
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(2) record the order in the real property records of |
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the county in which the district is located. |
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Sec. 3885.205. CONTRACT AUTHORITY OF NEW DISTRICTS. (a) |
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Except as provided by Subsection (b), the new districts may |
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contract with each other for any matter the boards of the new |
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districts consider appropriate. |
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(b) The new districts may not contract with each other for |
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water and wastewater services. |
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[Sections 3885.206-3885.250 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3885.251. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of the district's money. |
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Sec. 3885.252. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may undertake and provide an improvement project or |
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service authorized by this chapter using any money available to the |
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district. |
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Sec. 3885.253. BORROWING MONEY; OBLIGATIONS. (a) The |
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district may borrow money for a district purpose without holding an |
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election by issuing bonds, notes, time warrants, or other |
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obligations, or by entering into a contract or other agreement |
|
payable wholly or partly from an assessment, a contract payment, a |
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grant, revenue from a zone created under Chapter 311 or 312, Tax |
|
Code, other district revenue, or a combination of these sources. |
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(b) An obligation described by Subsection (a): |
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(1) may bear interest at a rate determined by the |
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board; and |
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(2) may include a term or condition as determined by |
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the board. |
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Sec. 3885.254. DEVELOPMENT AGREEMENT. Before the district |
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borrows money or issues an obligation under Section 3885.253, the |
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city must provide written certification to the district that no |
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party to the development agreement is in default as of the date the |
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district is authorized to borrow the money or enter the obligation. |
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Sec. 3885.255. ASSESSMENTS. (a) Except as provided by |
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Subsection (b), the district may impose an assessment on property |
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in the district to pay for an obligation described by Section |
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3885.253 in the manner provided for: |
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(1) a district under Subchapters A, E, and F, Chapter |
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375, Local Government Code; or |
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(2) a municipality or county under Subchapter A, |
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Chapter 372, Local Government Code. |
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(b) The district may not impose an assessment on a |
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municipality, county, or other political subdivision. |
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Sec. 3885.256. NOTICE OF ASSESSMENTS. (a) The board shall |
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annually file written notice with the secretary of the city that |
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specifies the assessments the district will impose in the |
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district's next fiscal year in sufficient clarity to describe the |
|
assessments for the operation and maintenance of the district and |
|
the assessments for the payment of debt service of obligations |
|
issued or incurred by the district. |
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(b) The board shall annually record in the deed records of |
|
the county a current assessment roll approved by the governing body |
|
of the city. |
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(c) The assessment roll must clearly state that the |
|
assessments in the assessment roll are in addition to the ad valorem |
|
taxes imposed by other taxing units that tax real property in the |
|
district. |
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(d) The district shall generate and implement a program to |
|
provide notification to a prospective purchaser of property in the |
|
district of the assessments that have been approved and are imposed |
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by the district. |
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Sec. 3885.257. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to the district. |
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Sec. 3885.258. NO IMPACT FEES. The district may not impose |
|
an impact fee. |
|
Sec. 3885.259. NO AD VALOREM TAX. The district may not |
|
impose an ad valorem tax. |
|
[Sections 3885.260-3885.300 reserved for expansion] |
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SUBCHAPTER F. DISSOLUTION |
|
Sec. 3885.301. DISSOLUTION BY CITY. (a) The city may |
|
dissolve the district by ordinance. |
|
(b) The city may not dissolve the district until: |
|
(1) the district's outstanding debt or contractual |
|
obligations have been repaid or discharged; or |
|
(2) the city agrees to succeed to the rights and |
|
obligations of the district. |
|
Sec. 3885.302. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. |
|
(a) If the dissolved district has bonds or other obligations |
|
outstanding secured by and payable from assessments or other |
|
revenue, the city succeeds to the rights and obligations of the |
|
district regarding enforcement and collection of the assessments or |
|
other revenue. |
|
(b) The city shall have and exercise all district powers to |
|
enforce and collect the assessments or other revenue to pay: |
|
(1) the bonds or other obligations when due and |
|
payable according to their terms; or |
|
(2) special revenue or assessment bonds or other |
|
obligations issued by the city to refund the outstanding bonds or |
|
obligations of the district. |
|
Sec. 3885.303. ASSUMPTION OF ASSETS AND LIABILITIES. (a) |
|
After the city dissolves the district, the city assumes the |
|
obligations of the district, including any bonds or other debt |
|
payable from assessments or other district revenue. |
|
(b) If the city dissolves the district, the board shall |
|
transfer ownership of all district property to the city. |
|
SECTION 2. The Mustang Ranch Municipal Management District |
|
No. 1 initially includes all the territory contained in the |
|
following area: |
|
BEING a tract of land located in the COLEMAN WATSON SURVEY, |
|
ABSTRACT NO. 945, Collin County, Texas and being a part of a called |
|
632.051 acre tract of land described in Deed to Twin Eagles, Ltd. |
|
recorded in County Clerk's Document Number 96-0013989, Deed |
|
Records, Collin County, Texas and being a part of a called 12.686 |
|
acre tract of land described in Deed to Robert S. Folsom, Trustee of |
|
the Twin Eagles Qualified Personal Residence Trust recorded in |
|
County Clerk's Document Number 95-0093145, Deed Records, Collin |
|
County, Texas and being a part of a called 50.00 acre tract of land |
|
described in Deed to Twin Eagles Ltd. recorded in Volume 4826, Page |
|
2205, Deed Records, Collin County, Texas and being more |
|
particularly described as follows: |
|
BEGINNING at a 5/8 inch iron rod found in the North line of |
|
Farm-To-Market Road 1461, a variable width right-of-way, at the |
|
Southwest corner of a called 19.93 acre tract of land described in |
|
Deed to Debra Folsom Jarma and Don M. Jarma recorded in Volume 3790, |
|
Page 267, Deed Records, Collin County, Texas, said point being the |
|
Southeast corner of said 50.00 acre tract; |
|
THENCE South 89 degrees 41 minutes 18 seconds West, along the |
|
North line of said Farm-To-Market Road 1461, a distance of 750.84 |
|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
|
set for corner, from which a 1/2 inch iron found bears South 76 |
|
degrees 31 minutes 14 seconds West, a distance of 2.08 feet; |
|
THENCE South 89 degrees 16 minutes 18 seconds West, |
|
continuing long the North line of said Farm-To-Market Road 1461, a |
|
distance of 231.01 feet to a 1/2 inch iron rod with a yellow plastic |
|
cap stamped "DAA" set at the Southwest corner of Lot 30, Block C of |
|
TWELVE OAKS PHASE II, an Addition to Collin County, Texas according |
|
to the Plat thereof recorded in Cabinet P, Slide 486, Map Records, |
|
Collin County, Texas, from which a 1/2 inch iron rod with a yellow |
|
plastic cap stamped "EC&D RPLS 5439" bears South 06 degrees 27 |
|
minutes 24 seconds West, a distance of 0.32 feet; |
|
THENCE North 00 degrees 54 minutes 55 seconds East, along the |
|
West line of said TWELVE OAKS PHASE II, a distance of 2,206.67 feet |
|
to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set in |
|
the South line of said 632.051 acre tract at the Northeast corner of |
|
Lot 18, Block C of said TWELVE OAKS PHASE II, from which a 1/2 inch |
|
iron rod with a yellow plastic cap stamped "ROOME" bears South 50 |
|
degrees 24 minutes 07 seconds West, a distance of 0.44 feet; |
|
THENCE South 89 degrees 37 minutes 23 seconds West, along the |
|
North line of said TWELVE OAKS PHASE II, a distance of 2,146.50 feet |
|
to a 3/8 inch iron rod found at the Southwest corner of said 632.051 |
|
acre tract; |
|
THENCE North 00 degrees 07 minutes 29 seconds East, along the |
|
West line of said 632.051 acre tract, a distance of 1,637.32 feet to |
|
a point for corner in the approximate centerline of Wilson Creek and |
|
in the East line of Lot 5, Block A of WILSON CREEK ESTATES, an |
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Addition to Collin County, Texas according to the Plat thereof |
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recorded in Cabinet J, Slide 605, Map Records, Collin County, |
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Texas; |
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THENCE Northerly, along the East line of said WILSON CREEK |
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ESTATES and the approximate centerline of said Wilson Creek, the |
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following five (5) courses and distances; North 39 degrees 31 |
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minutes 50 seconds East, a distance of 1.00 feet to a point for |
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corner; North 14 degrees 09 minutes 54 seconds East, a distance of |
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67.24 feet to a point for corner; North 01 degrees 45 minutes 24 |
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seconds West, a distance of 113.30 feet to a point for corner; North |
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08 degrees 43 minutes 39 seconds West, a distance of 137.99 feet to |
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point for corner; North 02 degrees 14 minutes 13 seconds West, a |
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distance of 113.37 feet to point at the Southeast corner of WILSON |
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CREEK ESTATES 2, an Addition to Collin County, Texas according to |
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the Plat thereof recorded in Cabinet K, Slide 192, Map Records, |
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Collin County, Texas; |
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THENCE Northerly, along the East line of said WILSON CREEK |
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ESTATES 2 and the approximate centerline of said Wilson Creek, the |
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following eight (8) courses and distances; North 15 degrees 56 |
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minutes 43 seconds East, a distance of 284.21 feet to point for |
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corner; North 27 degrees 49 minutes 29 seconds East, a distance of |
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53.72 feet to a point for corner; North 13 degrees 03 minutes 17 |
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seconds East, a distance of 109.39 feet to point for corner; North |
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10 degrees 02 minutes 27 seconds West, a distance of 235.76 feet to |
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point for corner; North 04 degrees 58 minutes 53 seconds East, a |
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distance of 56.26 feet to a point for corner; North 05 degrees 12 |
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minutes 56 seconds West, a distance of 121.33 feet to point for |
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corner; North 09 degrees 39 minutes 44 seconds West, a distance of |
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165.65 feet to point for corner; North 01 degrees 30 minutes 36 |
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seconds East, a distance of 45.98 feet to a point for corner in the |
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South line of a called 185.094 acre tract of land described as Tract |
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One in Deed to J. Baxter Brinkman recorded in County Clerk's |
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Document Number 92-0052450, Deed Records, Collin County, Texas, |
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from which a 3/4 inch iron rod found bears South 89 degrees 38 |
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minutes 46 seconds West; a distance of 39.22 feet; |
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THENCE North 89 degrees 38 minutes 46 seconds East, along the |
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common line of said 185.094 acre tract and said 632.051 acre tract, |
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a distance of 1,947.39 feet to a 1/2 inch iron rod found for corner; |
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THENCE North 00 degrees 14 minutes 27 seconds West, along the |
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common line of said 185.094 acre tract and said 632.051 acre tract, |
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a distance of 1,721.69 feet to a 1/2 inch iron rod with a yellow |
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plastic cap stamped "DAA" set at the Southwest corner of a called |
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5.384 acre tract of land described as Tract Two in Deed to J. Baxter |
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Brinkman recorded in County Clerk's Document Number 92-0052450, |
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Deed Records, Collin County, Texas, from which a 1/2 inch iron rod |
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found bears South 85 degrees 18 minutes 16 seconds West, a distance |
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of 1.01 feet; |
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THENCE Easterly, along the common line of said 5.384 acre |
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tract and said 632.051 acre tract, the following six (6) courses and |
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distances: North 89 degrees 48 minutes 09 seconds East, a distance |
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of 2,167.88 feet to a 1/2 inch iron rod with a yellow plastic cap |
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stamped "COLLIS RPLS 1764" found for corner; North 89 degrees 49 |
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minutes 55 seconds East, a distance of 465.82 feet to a 1/2 inch |
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iron rod with a yellow plastic cap stamped "DAA" set for corner, |
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from which a 1/2 inch iron rod found bears South 35 degrees 46 |
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minutes 01 seconds West, a distance of 0.39 feet; North 89 degrees |
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47 minutes 20 seconds East, a distance of 305.39 feet to a 1/2 inch |
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iron rod found for corner; North 89 degrees 51 minutes 51 seconds |
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East, a distance of 816.05 feet to a 1/2 inch iron rod with a yellow |
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plastic cap stamped "DAA" set for corner; South 89 degrees 56 |
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minutes 24 seconds East, a distance of 311.73 feet to a 1/2 inch |
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iron rod with a yellow plastic cap stamped "DAA" set for corner; |
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North 89 degrees 42 minutes 42 seconds East, a distance of 330.59 |
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feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
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set at the Northwest corner of a called 1.0000 acre tract of land |
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described in Deed to Danville Water Supply Corporation recorded in |
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Volume 1992, Page 738, Deed Records, Collin County, Texas; |
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THENCE South 00 degrees 15 minutes 01 seconds East, along the |
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common line of said 1.0000 acre tract and said 632.051 acre tract, a |
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distance of 146.88 feet to a 1/2 inch iron rod found for corner; |
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THENCE North 89 degrees 44 minutes 59 seconds East, |
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continuing along the common line of said 1.0000 acre tract and said |
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632.051 acre tract a distance of 299.37 feet to a 1/2 inch iron rod |
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with a yellow plastic cap stamped "DAA" set for corner in the West |
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line of Farm-To-Market Road 2478, a variable width right-of-way, |
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from which a 1/2 inch iron rod found bears South 89 degrees 44 |
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minutes 59 seconds East, a distance of 0.33 feet; |
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THENCE Southerly, along the West line of said Farm-To-Market |
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Road 2478, the following eight (8) courses and distances: South 04 |
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degrees 07 minutes 13 seconds East, a distance of 113.40 feet to a |
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wood right-of-way marker found for corner; South 03 degrees 46 |
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minutes 13 seconds East, a distance of 525.05 feet to a 1/2 inch |
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iron rod found for corner; South 01 degrees 56 minutes 26 seconds |
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West, a distance of 100.50 feet to a nail found in wood right-of-way |
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marker for corner; South 03 degrees 46 minutes 13 seconds East, a |
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distance of 200.00 feet to a 1/2 inch iron rod with a yellow plastic |
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cap stamped "DAA" set for corner, from which a wood right-of-way |
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marker found bears North 78 degrees 39 minutes 45 seconds West, a |
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distance of 0.95 feet; South 09 degrees 28 minutes 51 seconds East, |
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a distance of 100.50 feet to a 1/2 inch iron rod with a yellow |
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plastic cap stamped "DAA" set for corner; South 03 degrees 46 |
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minutes 13 seconds East, a distance of 415.90 feet to a wood |
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right-of-way marker found for corner at the beginning of a curve to |
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the right having a central angle of 03 degrees 41 minutes 00 |
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seconds, a radius of 5,679.58 feet and a chord bearing and distance |
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of South 01 degrees 55 minutes 43 seconds East, 365.06 feet; |
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Southerly, along said curve to the right, an arc distance of 365.12 |
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feet to a wood right-of-way marker found for corner; South 00 |
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degrees 05 minutes 13 seconds East, a distance of 2,278.15 feet to a |
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1/2 inch iron rod with a yellow plastic cap stamped "DAA" set at the |
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Northeast corner of a called 1.000 acre tract of land described in |
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Deed to Rhea's Mill Baptist Church recorded in Volume 1745, Page |
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773, Deed Records, Collin County, Texas, from which a 1/2 inch |
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square pipe found bears South 89 degrees 48 minutes 02 seconds West, |
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a distance of 1.07 feet; |
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THENCE South 89 degrees 48 minutes 02 seconds West, a |
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distance of 291.81 feet to a 1/2 inch iron rod found at the |
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Northwest corner of said Rhea's Mill Baptist Church tract; |
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THENCE South 00 degrees 20 minutes 34 seconds East, a |
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distance of 150.52 feet to a 1/2 inch iron rod with a yellow plastic |
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cap stamped "DAA" set for corner in the North line of Lot 4 of |
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ROLLING MEADOWS ESTATES, an Addition to Collin County, Texas |
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according to the Plat thereof recorded in Cabinet P, Slide 486, Map |
|
Records, Collin County, Texas; |
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THENCE South 89 degrees 40 minutes 07 seconds West, along the |
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common line of said ROLLING MEADOWS ESTATES and said 632.051 acre |
|
tract, passing at a distance of 1,509.89 feet a 1 inch iron rod |
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found at the Northwest corner of said ROLLING MEADOWS ESTATES and |
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the Northeast corner of a called 81.104 acre tract described in Deed |
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to Debra F. Jarma and Don M. Jarma recorded in County Clerk's |
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Document Number 95-0092267, Deed Records, Collin County, Texas and |
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continuing along the common line of said 81.104 acre tract and said |
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632.051 acre tract, in all for a total distance of 2,209.89 feet to |
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a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for |
|
corner; |
|
THENCE South 00 degrees 52 minutes 41 seconds West, along the |
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common line of said 81.104 acre tract and said 632.051 acre tract, a |
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distance of 421.13 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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THENCE South 89 degrees 27 minutes 07 seconds West, |
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continuing along the common line of said 81.104 acre tract and said |
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632,051 acre tract, a distance of 1,159.85 feet to a 1/2 inch iron |
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square pipe found at the Northwest corner of said 81.104 acre tract |
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and the Northeast corner of a called 11.252 acre tract of land |
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described in Deed to Debra F. Jarma and Don M. Jarma recorded in |
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Volume 4973, Page 3420, Deed Records, Collin County, Texas; |
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THENCE South 89 degrees 24 minutes 47 seconds West, along the |
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common line of said 11.252 acre tract and said 632.051 acre tract, a |
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distance of 281.99 feet to a 1/2 inch iron rod with a yellow plastic |
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cap stamped "DAA" set at the Northwest corner of said 11.252 acre |
|
tract; |
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THENCE Southerly, along the West line of said 11.252 acre |
|
tract, the following six (6) courses and distances: South 00 |
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degrees 55 minutes 08 seconds West, a distance of 420.00 feet to a |
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1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for |
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corner; South 14 degrees 29 minutes 02 seconds East, a distance of |
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241.26 feet to a 1/2 inch iron rod with a yellow plastic cap stamped |
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"DAA" set for corner; South 00 degrees 55 minutes 08 seconds West, a |
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distance of 320.00 feet to a 1/2 inch iron rod with a yellow plastic |
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cap stamped "DAA" set for corner; South 12 degrees 45 minutes 08 |
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seconds West, a distance of 449.55 feet to a 1/2 inch iron rod with a |
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yellow plastic cap stamped "DAA" set for corner; South 19 degrees 10 |
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minutes 32 seconds East, a distance of 436.57 feet to a 1/2 inch |
|
iron rod with a yellow plastic cap stamped "DAA" set for corner; |
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South 33 degrees 22 minutes 42 seconds East, a distance of 288.40 |
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feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
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set for corner in the West line of said 19.93 acre tract; |
|
THENCE South 01 degrees 56 minutes 48 seconds West, along the |
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West line of said 19.93 acre tract, a distance of 139.88 feet to the |
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POINT OF BEGINNING and containing 681.999 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 |
|
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, |
|
lieutenant governor, and 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 have been |
|
fulfilled and accomplished. |
|
SECTION 4. This Act takes effect September 1, 2011. |