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AN ACT
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relating to the creation of the Club Municipal Management District |
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No. 1; providing authority to levy an assessment and issue 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 3902 to read as follows: |
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CHAPTER 3902. CLUB MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3902.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Capital improvement plan" means a plan created |
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under Section 3902.110. |
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(3) "City" means the City of Heath, Texas. |
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(4) "Development agreement" means an agreement |
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created under Section 3902.109. |
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(5) "Director" means a board member. |
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(6) "District" means the Club Municipal Management |
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District No. 1. |
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(7) "Financial plan" means a plan created under |
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Section 3902.154. |
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(8) "Improvement project" means a project authorized |
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by Subchapter C-1. |
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Sec. 3902.002. 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. 3902.003. PRIMARY PURPOSE; MIXED-USE RESIDENTIAL AND |
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COMMERCIAL DEVELOPMENT. The primary purpose of the district is to |
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facilitate the construction and continued maintenance of a quality |
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mixed-use residential and commercial development to benefit city |
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residents. |
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Sec. 3902.004. ADDITIONAL PURPOSES; LEGISLATIVE FINDINGS. |
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(a) The creation of the district is essential to accomplish the |
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purposes of Sections 52 and 52-a, Article III, and Section 59, |
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Article XVI, Texas Constitution, and other public purposes stated |
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in this chapter. By creating the district and in authorizing the |
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city and other political subdivisions to contract with the |
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district, the legislature has established a program to accomplish |
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the public purposes set out in Section 52-a, Article III, Texas |
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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, Rockwall County, or Kaufman County |
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from providing or requiring the city or the counties to provide the |
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level of services provided as of the effective date of the Act |
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enacting this chapter to the area in the district as the city or |
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counties do to similarly situated property in the city. The |
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district is created to supplement and not to supplant city and |
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county services provided in the district. |
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Sec. 3902.005. 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 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) 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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(d) 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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(e) 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. 3902.006. 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 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 3902.253 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. 3902.007. 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 3902.253. |
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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. 3902.008. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICT LAW; PURPOSE. (a) Except as provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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(b) 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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Sec. 3902.009. 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 3902.010-3902.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3902.051. GOVERNING BODY; TERMS. The district is |
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governed by a board of five directors who serve staggered terms of |
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four years, with two or three directors' terms expiring May 31 of |
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each even-numbered year. |
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Sec. 3902.052. QUALIFICATIONS. (a) To be qualified to |
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serve as a director, a person must: |
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(1) meet the qualifications prescribed by Section |
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375.063, Local Government Code; |
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(2) be a partner of a partnership that owns property in |
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the district; |
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(3) be a shareholder, director, or officer of a |
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corporation that owns property in the district; |
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(4) be a member, manager, or officer of a limited |
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liability company that owns property in the district; |
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(5) be a member, manager, or officer of a limited |
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liability company that is a partner of a partnership that owns |
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property in the district; or |
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(6) reside in the city. |
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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. 3902.053. APPOINTMENT OF DIRECTORS. (a) In this |
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section, "homeowner" means a person who owns residential property |
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in the district that is used for personal, family, or household |
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purposes. |
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(b) Before 500 residential units in the district are sold to |
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homeowners, the owner or owners of a majority of the assessed value |
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of the real property in the district may submit a petition to the |
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governing body of the city requesting that the governing body |
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appoint as directors three persons from persons named in the |
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petition. |
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(c) After 500 residential units in the district are sold to |
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homeowners: |
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(1) a majority of the homeowners in the district may |
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submit a petition to the governing body of the city requesting that |
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the governing body appoint as directors two persons from persons |
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named in the petition; and |
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(2) the owner or owners of a majority of the assessed |
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value of the real property in the district that is not residential |
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property may submit a petition to the governing body of the city |
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requesting that the governing body appoint as director one person |
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from persons named in the petition. |
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(d) The governing body of the city shall appoint five |
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directors. The appointments may include one or more of the persons |
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named in the petitions. |
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Sec. 3902.054. EX OFFICIO DIRECTORS. (a) The governing |
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body of the city may appoint up to three persons to serve ex officio |
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as nonvoting directors. |
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(b) An ex officio director is not counted for purposes of |
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determining a quorum. |
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(c) Section 3902.052 does not apply to this section. |
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(d) An ex officio director: |
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(1) is entitled to all notices and information given |
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to and accessible to a director; and |
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(2) may attend any board meeting, regardless of |
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whether the meeting is open or closed to the public. |
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Sec. 3902.055. VACANCY. The remaining directors shall |
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appoint a person to fill a vacancy for the remainder of the |
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unexpired term. |
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Sec. 3902.056. COMPENSATION; EXPENSES. (a) The board may |
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compensate each director in an amount not to exceed $50 for each |
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board meeting. The total amount of compensation for each director |
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in a calendar year may not exceed $2,000. |
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(b) A director is entitled to reimbursement for actual |
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expenses reasonably and necessarily incurred while engaging in |
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activities on behalf of the district under a policy established by |
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the board. |
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Sec. 3902.057. INITIAL DIRECTORS. (a) On or before |
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September 15, 2011, the governing body of the city shall appoint two |
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initial directors. |
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(b) On or before September 15, 2011, 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 governing body of the city requesting |
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that the governing body appoint as initial directors the three |
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persons named in the petition. If a petition is submitted, the |
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governing body shall appoint as initial directors the three persons |
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named in the petition. If a petition is not submitted on or before |
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September 15, 2011, the governing body shall appoint the initial |
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directors. |
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(c) The initial directors serve staggered terms, with one |
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director serving a term expiring on May 31, 2015, two directors |
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serving a term expiring on May 31, 2014, and two directors serving a |
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term expiring on May 31, 2013. |
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(d) This section expires September 1, 2015. |
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[Sections 3902.058-3902.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3902.101. 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. 3902.102. 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. 3902.103. DEVELOPMENT CORPORATION POWERS. If approved |
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by the governing body of the city, the district, using money |
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available to the district, may exercise the powers given to a |
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development corporation under Chapter 505, Local Government Code, |
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including the power to own, operate, acquire, construct, lease, |
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improve, or maintain a project under that chapter. |
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Sec. 3902.104. 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. 3902.105. 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 Chapters 365 and 441, Transportation |
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Code. |
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Sec. 3902.106. 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. 3902.107. 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. 3902.108. AGREEMENTS; GRANTS. (a) As provided by |
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Chapter 375, Local Government Code, the district may make an |
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agreement with or accept a gift, grant, or loan from any person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3902.109. DEVELOPMENT AGREEMENT. The city may enter |
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into an agreement with each person who owns land in the district at |
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the time the agreement is executed that relates to any aspect of the |
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development of property in or outside the district, including a |
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provision agreed to by the city and an owner relating to: |
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(1) a type of improvement; |
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(2) density of development; |
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(3) timing of construction of an improvement; and |
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(4) aesthetics. |
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Sec. 3902.110. CAPITAL IMPROVEMENT PLAN. (a) The district |
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shall prepare a plan that includes: |
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(1) a description of each improvement project to be |
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constructed in the district; |
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(2) the timing of construction for each improvement |
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project to be constructed in the district; |
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(3) the financing and general budget of each |
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improvement project to be constructed in the district; and |
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(4) any other information the city needs to make a |
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decision on the plan. |
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(b) The district shall submit the plan to the city for |
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approval. |
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Sec. 3902.111. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3902.112. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The district's parking facilities are necessary |
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components of a street and are considered to be a street or road |
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improvement. |
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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3902.113. ADDING OR REMOVING TERRITORY; CITY APPROVAL. |
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As provided by Subchapter J, Chapter 49, Water Code, the board may |
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add territory to the district, subject to Section 54.016, Water |
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Code, or remove territory from the district, except that: |
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(1) the addition or removal of the territory must be |
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approved by three-fourths of all the members of the governing body |
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of the city; and |
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(2) territory may not be removed from the district if |
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bonds or other obligations of the district payable wholly or partly |
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from assessments levied or assessed on the territory are |
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outstanding. |
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Sec. 3902.114. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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Sec. 3902.115. NO TOLL ROADS. The district may not |
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construct, acquire, maintain, or operate a toll road. |
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[Sections 3902.116-3902.150 reserved for expansion] |
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SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES |
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Sec. 3902.151. 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. 3902.152. 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. 3902.153. CITY APPROVAL REQUIRED. The district may |
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not undertake an improvement project unless the district obtains |
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approval from the governing body of the city. |
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Sec. 3902.154. FINANCIAL PLAN. (a) The district shall |
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prepare a financial plan that details the cost, method of |
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financing, cost of financing, and feasibility of financing for each |
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improvement to be constructed by the district. |
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(b) The district shall submit the plan to the city for |
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approval. |
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Sec. 3902.155. DEVELOPMENT AGREEMENT, CAPITAL IMPROVEMENT |
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PLAN, AND FINANCIAL PLAN REQUIRED. The district may not undertake |
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an improvement project or spend money for a project or service, |
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including an economic development project or an expenditure for |
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economic development incentives, unless the governing body of the |
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city has approved: |
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(1) a development agreement; and |
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(2) a capital improvement plan and financial plan for |
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the improvement project or expenditure. |
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Sec. 3902.156. LOCATION OF IMPROVEMENT PROJECT OR SERVICE. |
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An improvement project or service may be located: |
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(1) in the district; or |
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(2) outside the district if the project or service is |
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necessary to extend, connect to, or increase the functionality of |
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an improvement project or service in the district, including water |
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and sewer utilities, a drainage improvement, and a road or street |
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improvement. |
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Sec. 3902.157. CITY REQUIREMENTS. (a) An improvement |
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project in the city must comply with city ordinances and |
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construction codes. |
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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. 3902.158. 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 impose a special assessment on benefited property in the |
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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. 3902.159. 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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Sec. 3902.160. CITY ORDINANCE, ORDER, OR RESOLUTION. (a) |
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Unless the district and city agree otherwise, the city may by |
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ordinance, order, or resolution: |
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(1) require that title to all or any portion of an |
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improvement project vest in the city; or |
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(2) authorize the district to: |
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(A) own, encumber, maintain, or operate an |
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improvement project; or |
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(B) convey the project to the city at a later |
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date. |
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(b) The district shall immediately comply with a city |
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ordinance, order, or resolution described by this section. |
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[Sections 3902.161-3902.200 reserved for expansion] |
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SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
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Sec. 3902.201. DIVISION OF DISTRICT; PREREQUISITES; CITY |
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APPROVAL. The district may be divided into two or more new |
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districts only if: |
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(1) the district has no outstanding bonded debt; and |
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(2) three-fourths of all members of the governing body |
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of the city approve of each division. |
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Sec. 3902.202. 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. 3902.203. 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. 3902.204. 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. 3902.205. 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 3902.206-3902.250 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3902.251. 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. 3902.252. 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. 3902.253. 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 |
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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. 3902.254. DEVELOPMENT AGREEMENT, CAPITAL IMPROVEMENT |
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PLAN, AND FINANCIAL PLAN REQUIRED. (a) Before the district borrows |
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money or issues an obligation under Section 3902.253, the district |
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must submit and the governing body of the city must approve a |
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capital improvement plan, a financial plan, and a development |
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agreement that describe the method of: |
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(1) borrowing the money or issuing that type of |
|
obligation; and |
|
(2) using the proceeds that result from borrowing the |
|
money or issuing the obligation. |
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(b) Before the district issues an obligation described in |
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the capital improvement plan, financial plan, and development |
|
agreement, the district shall: |
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(1) provide the governing body of the city with the |
|
information required to make an informed decision relating to the |
|
obligation; and |
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(2) obtain approval from the governing body of the |
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city for the obligation. |
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Sec. 3902.255. QUARTERLY REPORTING. (a) After the |
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district incurs an obligation described by Section 3902.253 and |
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until all obligations of the district are paid in full or otherwise |
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satisfied, the district shall submit a quarterly financial report |
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to the city. |
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(b) The report must be based on sound accounting methods and |
|
detail: |
|
(1) the obligation incurred; |
|
(2) the amount of the obligation that has been repaid; |
|
and |
|
(3) any other information the city requires. |
|
Sec. 3902.256. ASSESSMENTS. The district may impose an |
|
assessment on property in the district to pay for an obligation |
|
described by Section 3902.253 in the manner provided for: |
|
(1) a district under Subchapter F, Chapter 375, Local |
|
Government Code; or |
|
(2) a municipality or county under Subchapter A, |
|
Chapter 372, Local Government Code. |
|
Sec. 3902.257. NOTICE OF ASSESSMENTS. (a) The board shall |
|
annually file written notice with the secretary of the city that |
|
specifies the assessments the district will impose in the |
|
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. |
|
(b) The board shall annually record in the deed records of |
|
Rockwall County a current assessment roll approved by the governing |
|
body of the city. |
|
(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. |
|
(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 imposed by the district. |
|
Sec. 3902.258. 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 may not exceed |
|
one-fourth of the assessed value of the real property in the |
|
district. |
|
Sec. 3902.259. CITY NOT REQUIRED TO PAY DISTRICT |
|
OBLIGATIONS. The city is not obligated to pay bonds, notes, or any |
|
other obligation of the district, including bonds or debt payable |
|
from assessments or other district revenue, unless the city assumes |
|
the district's obligations by a vote of three-fourths of the |
|
governing body of the city. |
|
Sec. 3902.260. TAX AND ASSESSMENT ABATEMENTS. The district |
|
may designate reinvestment zones and may grant abatements of a tax |
|
or assessment on property in the zones. |
|
Sec. 3902.261. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
|
375.161, Local Government Code, does not apply to the district. |
|
Sec. 3902.262. NO IMPACT FEES. The district may not impose |
|
an impact fee. |
|
Sec. 3902.263. NO TAXATION POWER. The district may not |
|
impose a tax, including a sales tax and an ad valorem tax. |
|
[Sections 3902.264-3902.300 reserved for expansion] |
|
SUBCHAPTER F. DISSOLUTION |
|
Sec. 3902.301. AUTOMATIC DISSOLUTION. The district |
|
dissolves and this chapter expires on September 1, 2018, if: |
|
(1) the district does not have outstanding debt or |
|
other obligations; and |
|
(2) a developer does not begin, on or before September |
|
1, 2018, to construct a road or other improvement project in the |
|
district that is to be financed with district bonds or other |
|
obligations in accordance with a capital improvement plan or |
|
financial plan approved by the city. |
|
Sec. 3902.302. 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. 3902.303. 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. 3902.304. ASSUMPTION OF ASSETS AND LIABILITIES. (a) |
|
After dissolution, the city assumes the obligations of the |
|
district, including any bonds or other debt payable from |
|
assessments or other district revenue. |
|
(b) On or before dissolution, the board shall transfer |
|
ownership of all district property to the city. |
|
SECTION 2. The Club Municipal Management District No. 1 |
|
initially includes all the territory contained in the following |
|
area: |
|
TRACT 1 |
|
BEING a 511.319 acre tract of land situated in the G. Paschall |
|
Survey, Abstract No. 180, the G. Paschall Survey, Abstract No. 404, |
|
the I. Briscoe Survey, Abstract No. 57, the J. Canter Survey, |
|
Abstract No. 53, the J. Canter Survey, Abstract No. 85, and the M. |
|
Campbell Survey, Abstract No. 254 in the City of Heath, Rockwall |
|
County and in Kaufman County, Texas, and being part of a 2.399 acre |
|
tract of land described in Deed to Travis Ranch Development, L.P., |
|
as recorded in Volume 1991, Page 50, Deed Records, Kaufman County, |
|
Texas (D.R.K.C.T.) and in Volume 2518, Page 56, Deed Records, |
|
Rockwall County, Texas (D.R.R.C.T.). Bearing basis is the east |
|
line of said 2.399 acre tract, said 511.319 acre tract, being more |
|
particularly described by metes and bounds as follows: |
|
COMMENCING at a 5/8" iron rod with yellow cap stamped "Carter |
|
Burgess" set on the west right-of-way line of FM 740 (90° |
|
right-of-way); |
|
THENCE departing said west right-of-way line of FM 740, over |
|
and across said 2.399 acre tract, the following courses; N 44°59'04" |
|
W, a distance of 2895.47 feet to a 5/8" iron rod with yellow cap |
|
stamped "Carter Burgess" set; N 45°58'22" W, a distance of 1009.71 |
|
feet to a 5/8" iron rod with yellow cap stamped "Carter Burgess" |
|
set; S 77°56'11" W, a distance of 447.51 feet to a 5/8" iron rod with |
|
yellow cap stamped "Carter Burgess" set; S 66°57'48" W, a distance |
|
of 219.03 feet to a point; S 73°58'26" W, a distance of 382.43 feet |
|
to a 5/8" iron rod with yellow cap stamped "Carter Burgess" set for |
|
the beginning of a non-tangent curve to the right, the point of |
|
beginning of the herein described tract; southwesterly, along said |
|
non-tangent curve to the right having a radius of 2640.00 feet, a |
|
central angle of 50°52'17", an arc length of 2343.99 feet, and a long |
|
chord that bears 51°32'34" W, a distance of 2267.75 feet to a 5/8" |
|
iron rod with yellow cap stamped "Carter Burgess" set in the east |
|
line of Tract VI as described Agreed Judgment, recorded in Volume |
|
10, Page 323, D.R.K.C.T.; |
|
THENCE N 30°24'08" E, along the east line of said Tract VI, a |
|
distance of 71.98 feet to a point for a southerly corner of Tract |
|
No. 2 as described in Deed to the City of Dallas, recorded in Volume |
|
537, Page 766, D.R.K.C.T. |
|
THENCE along the easterly line of said City of Dallas Tract |
|
No. 2, the following courses; N 63°48'01" E, a distance of 81.44 feet |
|
to a found monument with brass disk stamped "City of Dallas |
|
Elevation Marker 61-9-A"; N 23°47'38" E, a distance of 223.72 feet |
|
to a found monument with brass disk stamped "City of Dallas |
|
Elevation Marker G1-9-B"; N 67°43'21" E, a distance of 294.48 feet |
|
to a found monument with brass disk stamped "City of Dallas |
|
Elevation Marker 61-10"; N 05°56'19" E, a distance of 146.08 feet to |
|
a point; N 31°46'19" E, a distance of 111.94 feet to a point; S |
|
86°49'01" E, a distance of 152.52 feet to a point; N 54°08'39" E, a |
|
distance of 70.13 feet to a point; N 43°06'37" W, a distance of |
|
143.05 feet to a point; S 74°34'16" W, a distance of 176.48 feet to a |
|
found monument with brass disk stamped "City of Dallas Elevation |
|
Marker G1-14"; S 29°26'23" W, a distance of 324.95 feet to a found |
|
monument with brass disk stamped "City of Dallas Elevation Marker |
|
G1-15"; S 57°43'42" W, a distance of 318.96 feet to a found monument |
|
with brass disk stamped "City of Dallas Elevation Marker G1-15-A"; |
|
S 04°33'50" W, a distance of 94.06 feet to a found monument with |
|
brass disk stamped "City of Dallas Elevation Marker G1-15-B"; S |
|
64°08'43" W, a distance of 88.30 feet to a point; N 31°59'44" W, a |
|
distance of 65.42 feet to a point from which a found monument with |
|
brass disk stamped "City of Dallas Elevation Marker G1-15-D" bears |
|
S 60°39'57" W, a distance of 1.70 feet; S 57°43'49" W, a distance of |
|
27.57 feet to a point from which a found monument with brass disk |
|
stamped "City of Dallas Elevation Marker G1-15-E" bears N 81°12'17" |
|
E, a distance of 0.80 feet; S 07°19'56" W, a distance of 24.28 feet |
|
to a found monument with brass disk stamped "City of Dallas |
|
Elevation Marker G1-15-F"; S 37°05'36" W, a distance of 73.28 feet |
|
to a found monument with brass disk stamped "City of Dallas |
|
Elevation Marker G1-15-G"; S 43°55'43" W, a distance of 58.02 feet |
|
to a point, from which a found monument with brass disk stamped |
|
"City of Dallas Elevation Marker G1-15-H " bears N 66°56'26" E, a |
|
distance of 0.60 feet; S 01°33'16" W, a distance of 18.32 feet to a |
|
point on the north line of the aforesaid City of Dallas Tract VI; |
|
THENCE along the north line of said Tract VI, the following |
|
courses; S 87°21'28" W, a distance of 67.00 feet to a found monument |
|
with brass disk stamped "City of Dallas Elevation Marker G1-17"; S |
|
43°16'20" W, a distance of 273.28 feet to a point, from which a found |
|
broken monument bears S 55°25'19" E a distance of 0.91 feet; S |
|
77°57'21" W, a distance of 229.32 feet to a point from which a found |
|
monument with brass disk stamped "City of Dallas Elevation Marker |
|
C7-1/C9-22" bears S 85°04'46" E, a distance of 0.96 feet, said point |
|
being in the east line described in Agreed Judgment dated February |
|
2, 1999; Cause No. 6241-A, recorded in Volume 1370, Page 721, |
|
D.R.K.C.T.; |
|
THENCE N 01°07'32" W, along said east line, a distance of |
|
239.47 feet to a found monument with brass disk stamped "City of |
|
Dallas Elevation Marker G1-1/C7-4"; |
|
THENCE N 64°17'34" W, continuing along said east line, a |
|
distance of 169.60 feet to a found monument with brass disk stamped |
|
"City of Dallas Elevation Marker G1-1-A" for the southeast corner |
|
of Tract No. 1, as described in Deed to the City of Dallas, recorded |
|
in Volume 537, Page 766, D.R.K.C.T.; |
|
THENCE along the easterly line of said City of Dallas Tract |
|
No. 1, the following courses; N 06°19'57" E, a distance of 164.40 |
|
feet to a found monument with brass disk stamped "City of Dallas |
|
Elevation Marker G1-1-B"; N 16°51'50" E, a distance of 296.39 feet |
|
to a found monument with brass disk stamped "City of Dallas |
|
Elevation Marker G1-1-C"; N 25°38'50" E, a distance of 235.72 feet |
|
to a found monument with brass disk stamped "City of Dallas |
|
Elevation Marker G1-1-D"; N 71°45'20" E, a distance of 146.55 feet |
|
to a found monument with brass disk stamped "City of Dallas |
|
Elevation Marker G1-1-E"; N 22°11'30" E, a distance of 114.04 feet |
|
to a found monument with brass disk stamped "City of Dallas |
|
Elevation Marker G1-1-F"; N 60°03'13" E, a distance of 160.21 feet |
|
to a found monument with brass disk stamped "City of Dallas |
|
Elevation Marker G1-4"; S 84°07'07" E, a distance of 59.57 feet to a |
|
found monument with brass disk stamped "City of Dallas Elevation |
|
Marker G1-4-A"; N 75°19'19" E, a distance of 205.79 feet to a point; |
|
N 87°13'35" E, a distance of 113.62 feet to a point; N 15°38'55" E, a |
|
distance of 80.92 feet to a point; S 83°48'52" W, a distance of |
|
182.98 feet to a point; S 67°15'02" W, a distance of 123.23 feet to a |
|
found monument with brass disk stamped "City of Dallas Elevation |
|
Marker G1-4-F"; N 87°11'54" W, a distance of 78.23 feet to a found |
|
monument with brass disk stamped "City of Dallas Elevation Marker |
|
G1-4-G"; S 55°49'29" W, a distance of 62.89 feet to a found monument |
|
with brass disk stamped "City of Dallas Elevation Marker G1-4-H"; N |
|
40°02'19" W, a distance of 20.99 feet to a found monument with brass |
|
disk stamped "City of Dallas Elevation Marker G1-4-J"; N 54°42'27" |
|
E, a distance of 97.98 feet to a found monument with brass disk |
|
stamped "City of Dallas Elevation Marker G1-4-K"; N 21°23'44" E, a |
|
distance of 56.99 feet to a found monument with brass disk stamped |
|
"City of Dallas Elevation Marker G1-4-L"; N 82°27'31" E, a distance |
|
of 38.67 feet to a found monument with brass disk stamped "City of |
|
Dallas Elevation Marker G1-4-M"; N 48°45'48" E, a distance of 91.20 |
|
feet to a found monument with brass disk stamped "City of Dallas |
|
Elevation Marker G1-4-N"; N 03°12'14" W, a distance of 62.74 feet to |
|
a found monument with brass disk stamped "City of Dallas Elevation |
|
Marker G1-4-P"; N 36°02'40" W, a distance of 32.94 feet to a found |
|
monument with brass disk stamped "City of Dallas Elevation Marker |
|
G1-4-Q"; S 13°11'09" W, a distance of 54.69 feet to a found monument |
|
with brass disk stamped "City of Dallas Elevation Marker G1-4-R"; S |
|
23°13'13" W, a distance of 61.72 feet to a found monument with brass |
|
disk stamped "City of Dallas Elevation Marker G1-4-S"; N 34°33'11" |
|
W, a distance of 33.01 feet to a found monument with brass disk |
|
stamped "City of Dallas Elevation Marker G1-4-T"; S 45°52'46" W, a |
|
distance of 223.95 feet to a found monument with brass disk stamped |
|
"City of Dallas Elevation Marker G1-5"; S 55°42'15" W, a distance of |
|
825.85 feet to a point; S 44°56'17" W, a distance of 138.31 feet to a |
|
found monument with brass disk stamped "City of Dallas Elevation |
|
Marker 01-6-A"; S 24°14'50" W, a distance of 219.81 feet to a found |
|
monument with brass disk stamped "City of Dallas Elevation Marker |
|
01-6-B"; |
|
THENCE N 64°34'02" W, a distance of 49.83 feet to a found |
|
monument with brass disk stamped "City of Dallas Elevation Marker |
|
G1-7"; |
|
THENCE N 70°33'40" W, a distance of 109.15 feet to a point; |
|
THENCE N 70°28'19" W, a distance of 60.46 feet to a found |
|
monument with brass disk stamped "City of Dallas Elevation Marker |
|
F6-1" in the northeast line of Parcel II, as described in Deed to |
|
the City of Dallas, recorded in Volume 10, Page 323, D.I.K.C.T.; |
|
THENCE along the northeast line of said remainder of City of |
|
Dallas Parcel II the following courses; S 21°26'22" W, a distance of |
|
85.74 feet to a 1/2" iron rod with red cap stamped "Dallas" found |
|
for the beginning of a non-tangent curve to the left; |
|
northwesterly, along said non-tangent curve to the left having a |
|
radius of 350.00 feet, a central angle of 21°37'02", an arc length of |
|
132.05 feet, and a long chord that bears N 54°09'55" W, a distance of |
|
131.27 feet to a 1/2" iron rod with red cap stamped "Dallas" found; |
|
N 64°58'40" W, a distance of 45.00 feet to a 1/2" iron rod with red |
|
cap stamped "Dallas" found; N 67°16'56" W, a distance of 46.89 feet |
|
to a 1/2" iron rod with red cap stamped "Dallas" found; N 64°00'03" |
|
W, a distance of 83.24 feet to a 1/2" iron rod with red cap stamped |
|
"Dallas" found; N 67°32'43" W, a distance of 88.79 feet to a 1/2" |
|
iron rod with red cap stamped "Dallas" found for the beginning of a |
|
tangent curve to the right; northwesterly, along said tangent curve |
|
to the right having a radius of 63.00 feet, a central angle of |
|
42°46'51", an arc length of 47.04 feet, and a long chord that bears N |
|
46°09'17" W, a distance of 45.95 feet to a 1/2" iron rod with red cap |
|
stamped "Dallas" found; N 24°45'56" W, a distance of 72.26 feet to a |
|
1/2" iron rod with red cap stamped "Dallas" found for the beginning |
|
of a tangent curve to the right; northwesterly, along said tangent |
|
curve to the right having a radius of 48.89 feet, a central angle of |
|
56°58'46", an arc length of 48.62 feet, and a long chord that bears N |
|
03°43'27" E, a distance of 46.64 feet to a 1/2" iron rod with red cap |
|
stamped "Dallas" found; N 32°12'45" E, a distance of 79.15 feet to a |
|
1/2" iron rod with red cap stamped "Dallas" found for the beginning |
|
of a tangent curve to the left; northwesterly, along said tangent |
|
curve to the left having a radius of 40.17 feet, a central angle of |
|
59°03'52", an arc length of 41.41 feet, and a long chord that bears N |
|
02°40'49" E, a distance of 39.60 feet to a 1/2" iron rod with red cap |
|
stamped "Dallas" found; N 26°50'52" W, a distance of 39.13 feet to a |
|
1/2" iron rod with red cap stamped "Dallas" found in the south line |
|
of a tract of land described as First Tract in Deed to the City of |
|
Dallas, recorded in Volume 497, Page 624, D.R.R.C.T.; |
|
THENCE N 88°44'35" E, along the south line of said City of |
|
Dallas First Tract and the south line of the remainder tract of land |
|
described in Deed to Sterling C. Evans, Trustee, recorded in Volume |
|
27, Page 151, D.R.K.C.T., a distance of 419.79 feet to a PK nail |
|
found in Ray Hubbard Drive; |
|
THENCE N 02°51'38" W, along said Ray Hubbard Drive, a distance |
|
of 1503.31 feet to a 1/2" iron rod found for the northeast corner of |
|
Pecan Knoll Addition, an addition to the City of Heath, as recorded |
|
in Cabinet C, Slide 141, Plat Records of Rockwall County, Texas, |
|
(P.R.R.C.T.), said corner also being the beginning of a non-tangent |
|
curve to the left; northwesterly, along the north line of said Pecan |
|
Knoll Addition, and along said non-tangent curve to the left having |
|
a radius of 258.91 feet, a central angle of 28°10'31", an arc length |
|
of 127.32 feet, and a long chord that bears N 75°54'58" W, a distance |
|
of 126.04 feet to a 1/2" iron rod found; |
|
THENCE S 89°56'16" W, along the north line of said Pecan Knoll |
|
Addition, a distance of 336.58 feet to a 1/2" iron rod with yellow |
|
cap stamped "Halff Assoc., Inc." found in the east side of said Ray |
|
Hubbard Drive; |
|
THENCE N 00°56'55" W, along the east side of said Ray Hubbard |
|
Drive, a distance of 1085.38 feet to a 1/2" iron rod found for the |
|
southwest corner of a tract of land described in Deed to Anthony |
|
Garretson Seely and Virginia Seely, recorded in Volume 585, Page |
|
258, D.R.R.C.T.; |
|
THENCE S 88°21'17" E, along the south line of said Seely |
|
Tract, a distance of 424.63 feet to a 1/2" iron rod with yellow cap |
|
stamped "Halff Assoc., Inc." found; |
|
THENCE N 21°34'11" E, along the east line of said Seely Tract, |
|
a distance of 315.28 feet to a 1/2" iron rod with yellow cap stamped |
|
"Halff Assoc., Inc." found in the south line of a 10.64 acre tract |
|
of land described in Deed to the City of Dallas, recorded in Volume |
|
78, Page 406, D.R.R.C.T.; |
|
THENCE along the south line of said 10.64 acre tract, the |
|
following courses; S 68°24'27" E, a distance of 912.34 feet to a |
|
found monument with brass disk stamped "City of Dallas Elevation |
|
Marker G4-3"; N 77°05'40" E, a distance of 396.72 feet to a found |
|
monument with brass disk stamped "City of Dallas Elevation Marker |
|
G4-4"; N 53°40'19" E, a distance of 443.20 feet to a found monument |
|
with brass disk stamped "City of Dallas Elevation Marker G4-5", |
|
from which a 1/2" iron rod found bears S 74°58'35" E, a distance of |
|
2.39 feet; N 00°45'17" W, a distance of 119.74 feet to a found |
|
monument with brass disk stamped "City of Dallas Elevation Marker |
|
G7-2" in the north line of a 17.69 acre tract described in Deed to |
|
the City of Dallas, recorded in Volume 79, Page 177, D.R.R.C.T.; |
|
THENCE along the north line of said 17.69 acre tract, the |
|
following courses; S 78°11'37" W, a distance of 626.51 feet to a |
|
found monument with brass disk stamped "City of Dallas Elevation |
|
Marker G7-3"; N 58°29'39" W, a distance of 459.69 feet to a found |
|
monument with brass disk stamped "City of Dallas Elevation Marker |
|
G7-4"; N 22°26'05" W, a distance of 543.09 feet to a found monument |
|
with brass disk stamped "City of Dallas Elevation Marker G7-5"; S |
|
77°31'50" W, a distance of 275.86 feet to a 1/2" iron rod with yellow |
|
cap stamped "Halff Assoc., Inc." found; N 12°27'13" W, a distance of |
|
446.82 feet to a point in the aforesaid east line described in |
|
Agreed Judgment, Cause No. 6241-A; |
|
THENCE N 45°42'00" E, along said east line and the east line of |
|
Anchor Bay Phase I and Phase II, additions to the City of Heath |
|
Texas, as recorded in Cabinet C, Slide 60, P.R.R.C.T., a distance of |
|
1691.20 feet to a point on the southwest line of K and K |
|
Development, an addition to the City of Heath, Texas, as recorded in |
|
Cabinet A, Slide 94, P.R.R.C.T.; |
|
THENCE S 42°11'06" E, along the southwest line of said K and K |
|
Development Tract, a distance of 1307.23 feet to a 1/2" iron rod |
|
with yellow cap stamped "Halff Assoc., Inc." found; |
|
THENCE N 45°06'54" E, along the southeast line of said K and K |
|
Development Tract, a distance of 825.00 feet to a point; |
|
THENCE S 41°12'17" E, departing said southeast line and along |
|
the southwest line of a 20.00 acre tract of land described in Deed |
|
to Grace E. Hambrick, recorded in Volume 2434, Page 237, |
|
D.R.R.C.T., a distance of 1492.13 feet to a 1/2" iron rod with |
|
yellow cap stamped "Halff Assoc., Inc." found in Rush Creek; |
|
THENCE along the meanders of Rush Creek, the following |
|
courses; S 76°31'01" E, a distance of 1.70 feet to a point; S |
|
54°59'01" E, a distance of 243.70 feet to a point; N 83°24'59" E, a |
|
distance of 171.20 feet to a point; N 36°31'59" E, a distance of |
|
177.90 feet to a point; S 80°44'59" W, a distance of 233.40 feet to a |
|
point; N 00°26'59" E, a distance of 212.90 feet to a point; N |
|
32°06'01" W, a distance of 140.60 feet to a point; N 82°59'59" E, a |
|
distance of 268.40 feet to a point; N 31°07'59" E, a distance of |
|
159.60 feet to a point; N 33°21'01" W, a distance of 245.40 feet to a |
|
point; N 40°30'59" E, a distance of 80.10 feet to a point; N 44°22'01" |
|
W, a distance of 128.20 feet to a point; N 69°50'01" W, a distance of |
|
87.00 feet to a point; N 32°01'59" E, a distance of 164.80 feet to a |
|
point; S 11°02'01" E, a distance of 106.60 feet to a point; N |
|
65°18'59" E, a distance of 147.00 feet to a point; N 27°16'01" W, a |
|
distance of 109.80 feet to a point; N 80°19'01" W, a distance of |
|
90.30 feet to a point; N 11°03'59" E, a distance of 80.80 feet to a |
|
point in the southwest line of a 65.80 acre tract of land described |
|
in Deed to Enmark Gas Corp, recorded in Volume 1298, D.R.R.C.T., |
|
from which a 1/2" iron rod found bears S 53°33'29" E, a distance of |
|
10.19 feet; |
|
THENCE S 53°55'45" E, along said southwest line, a distance of |
|
1436.99 feet to a 1/2" iron rod with yellow cap stamped "Halff |
|
Assoc., Inc." found for the south corner of a 0.42 acre tract of |
|
land described in Deed to J.D. Crosby, recorded in Volume 54, Page |
|
47, D.R.R.C.T.; |
|
THENCE N 44°55'59" E, along the southeast line of said 0.42 |
|
acre tract, a distance of 300.57 feet to a 1/2" iron rod with yellow |
|
cap stamped "Halff Assoc., Inc." found for the southwest corner of a |
|
20.00 acre tract of land described in Deed to George Athens and |
|
Demetra Athens, recorded in Volume 74, Page 447, D.R.R.C.T.; |
|
THENCE S 41°42'01" E, along the southwest line of said Athens |
|
Tract, a distance of 941.30 feet to a 1/2" iron rod with yellow cap |
|
stamped "Halff Assoc., Inc." found; |
|
THENCE S 51°14'01" E, continuing along the southwest line of |
|
said Athens Tract, a distance of 542.00 feet to a 1/2" iron rod with |
|
yellow cap stamped "Halff Assoc., Inc." found on the west |
|
right-of-way line of the aforesaid FM 740 (80' right-of-way at this |
|
point) also being the beginning of a non-tangent curve to the left; |
|
southwesterly, along said west right-of-way line of FM 740 and |
|
along said non-tangent curve to the left having a radius of 178.10 |
|
feet, a central angle of 17°32'13", an arc length of 54.51 feet, and |
|
a long chord that bears S 02°22'59" W, a distance of 54.30 feet to a |
|
wood right-of-way monument found; |
|
THENCE S 13°47'04" E, continuing along said west right-of-way |
|
line of FM 740, a distance of 16.10 feet to a 1/2" iron rod found for |
|
the northeast corner of a 4.502 acre tract of land described in Deed |
|
to Gerald R. Schotthoefer and E. Joan Schotthoefer, recorded in |
|
Volume 925, Page 75, D.R.R.C.T.; |
|
THENCE N 88°55'12" W, departing said west right-of-way line |
|
and along the north line of said Schotthoefer Tract, a distance of |
|
509.06 feet to a 3/8" iron rod found; |
|
THENCE S 27°51'31" W, along the northwest line of said |
|
Schotthoefer Tract, a distance of 316.73 feet to a 3/8" iron rod |
|
found; |
|
THENCE S 40°20'23" E, along the southwest line of said |
|
Schotthoefer Tract, a distance of 268.09 feet to a 1/2" iron rod |
|
with yellow cap stamped "Halff Assoc., Inc." found in the northwest |
|
line of a 11.993 acre tract of land described in Deed to Lloyd N. |
|
Fiedler, DVM and Dawn Fiedler, recorded in Volume 1252, Page 10, |
|
D.R.R.C.T.; |
|
THENCE S 47°47'30" W, along the northwest line of said Fiedler |
|
Tract, a distance of 1251.20 feet to a 1/2" iron rod found for the |
|
west corner of said Fiedler Tract; |
|
THENCE over and across said 2.399 acre tract the following |
|
courses; N 89°45'27" W, a distance of 1582.82 feet to a 5/8" iron rod |
|
with yellow cap stamped "Carter Burgess" set for the beginning of a |
|
non-tangent curve to the right; southwesterly, along said |
|
non-tangent curve to the right having a radius of 2640.00 feet, a |
|
central angle of 26°44'27", an arc length of 1232.13 feet, and a long |
|
chord that bears S 12°44'12" W, a distance of 1220.97 feet to the |
|
POINT OF BEGINNING and containing 511.319 acres of land. |
|
TRACT 2 |
|
BEING a 65.99 acre tract of land situated in the Joshua Carter |
|
Survey, Abstract No. 53, Rockwall County, Texas and being all of |
|
that certain tract or parcel of land as monumented on the ground and |
|
conveyed to RCM Development as recorded in Volume 2148, Page 139 of |
|
the Deed Records of Rockwall County, Texas and as described by metes |
|
and bounds in called 65.80 acre tract of land as conveyed to Enmark |
|
Gas Corporation as recorded in Volume 1298, Page 064 of said Deed |
|
Records, (basis of bearing is the northwest line of said Deed |
|
recorded in Volume 1298, Page 064, N 45°10'01" E), said 65.99 acre |
|
being more particularly described as follows: |
|
BEGINNING at a 1/2" iron rod found for the north corner of |
|
said called 65.80 acre tract, the east corner of a called 0.504 acre |
|
tract of land as described in Deed to Brenda J. Jackson as recorded |
|
in Volume 3634, Page 105 of said Deed Records, said iron rod also |
|
being in the southwest right-of-way line of FM Road 740 (a variable |
|
width right-of-way); |
|
THENCE S 44°54'56" E, along the northeast line of said called |
|
65.80 acre tract and the southwest right-of-way line of FM Road 740, |
|
a distance of 852.55 feet to a 1/2" iron rod found for an ell corner |
|
of said called 65.80 acre tract and the northernmost corner of a |
|
called 1.9044 acre tract of land as described in Deed to Timothy D. |
|
Bivins and wife, Cindy L. Bivins as recorded in Volume 1207, Page |
|
020 of said Deed Records; |
|
THENCE S 45°13'22" W, along a southeast line of said called |
|
65.80 acre tract and along the northwest line of said Bivins Tract, |
|
a distance of 435.45 feet to a 3/4" iron rod found for an ell corner |
|
of said called 65.80 acre tract and the westernmost corner of said |
|
Bivins Tract; |
|
THENCE S 45°20'05" E, along a northeast line of said called |
|
65.80 acre tract and along the southwest line of said Bivins Tract, |
|
a distance of 192.21 feet to a 3/8" iron rod found for the |
|
southernmost corner of said Bivins Tract and the westernmost corner |
|
of a called 2.38 acre tract of land as described in Deed to B.R. |
|
Baker and wife Cindy L. Baker as recorded in Volume 0841, Page 001 |
|
of said Deed Records; |
|
THENCE S 45°07'36" E, continuing along a northeast line of |
|
said called 85.60 acre tract and along the southwest line of said |
|
Baker Tract, a distance of 308.19 feet to fence corner post for the |
|
southernmost corner of said Baker Tract and being in the northwest |
|
line of Lot 14 of King Acres Addition, as recorded in Cabinet A, |
|
Slide 48 of the Plat Records of Rockwall County, Texas; |
|
THENCE S 44°58'54" W, along a southeast line of said called |
|
85.60 acre tract and the northeast line of said Lot 14, passing at a |
|
distance of 1041.43 feet a 1/2" iron rod found for the westernmost |
|
corner of a tract of land as described in Deed to K.K. Stonfield as |
|
recorded in Volume 92, Page 15 of said Deed Records and the |
|
northernmost corner of a called 20.00 acre tract (Tract 3) as |
|
described in Deed to George Athens & Demetra Athens as recorded in |
|
Volume 74, Page 447 of said Deed Records, and passing at a distance |
|
of 1446.15 feet a 1/2" iron rod found for the westernmost corner of |
|
said Athens Tract and an ell corner of a tract of land as described |
|
in Deed to Travis Ranch Development, L.P. as recorded in Volume |
|
2518, Page 56 of said Deed Records, in all a total distance of |
|
1747.28 feet to a 1/2" iron rod found for the southernmost corner of |
|
said called 85.60 acre tract and being an ell corner of said Travis |
|
Ranch Development Tract; |
|
THENCE N 53°27'11" W, along a southwest line of said called |
|
85.60 acre tract and along a northeast line of said Travis Ranch |
|
Development Tract, a distance of 1371.82 feet to a fence corner post |
|
for the westernmost corner of said called 65.80 acre tract, an ell |
|
corner of said Travis Ranch Development Tract and being in the |
|
southeast line of Tract 2 as described in Deed to McCrumman |
|
Partners, L.P. as recorded in Volume 1054, Page 117 of said Deed |
|
Records; |
|
THENCE N 45°00'47" E, along a southeast line of said Tract 2, |
|
passing a southeast corner of said Tract 2 and the southernmost |
|
corner of The Highlands of Heath Addition, as recorded in Cabinet D, |
|
Slides 129 and 130 of the Plat Records of Rockwall County, Texas, in |
|
all a total distance of 1064.37 feet to a 1/2" iron rod set with |
|
yellow plastic cap marked "R.P.L.S. 5305"; |
|
THENCE N 45°10'01" E, continuing along the southeast line of |
|
The Highlands of Heath Addition, and passing at a distance of |
|
1110.90 feet to a 1/2" iron rod found for the easternmost corner of |
|
Lot 27, Block 1 of said Addition and the southernmost corner of |
|
aforesaid called 0.504 acre tract, in all a total distance of |
|
1319.48 feet to the Point of Beginning and containing 65.99 acres or |
|
2874.673 square feet of land more or less. |
|
TRACT 3 |
|
BEING all that certain lot, tract or parcel of land, situated |
|
in the Joshua Canter Survey, Abstract No. 53, Rockwall County, |
|
Texas, and being more particularly described as follows: |
|
BEGINNING at a point in the center of a county road that is |
|
3049.9 feet S 45° 58' W from the north corner of said Canter Survey; |
|
THENCE S 40° 57' E, a distance of 2883.1 feet to a point in the |
|
center of Rush Creek; |
|
THENCE in a southerly direction, down the center of Rush |
|
Creek as follows: S 01° 00' W a distance of 164.1 feet; N 81° 18' E, a |
|
distance of 233.4 feet; S 37° 05' W, a distance of 177.9 feet; S 83° |
|
58' W, a distance of 171.2 feet; N 54° 26' W, a distance of 243.7 |
|
feet; N 75° 58' W, a distance of 1.7 feet; |
|
THENCE N 40° 57' W, a distance of 2814.9 feet to a point in the |
|
center of said county road; |
|
THENCE N 45° 58' E, along the center of said road, a distance |
|
of 284.9 feet to the POINT OF BEGINNING and containing 20.00 acres |
|
of land. |
|
TRACT 4 |
|
BEING a tract of 20.00 acres in the Joshua Canter Survey, |
|
Abstract No. 53, Rockwall County, Texas; and being more |
|
particularly described as follows: |
|
BEGINNING at a point in the center of a county road that is |
|
2739.2 feet S 45° 58' W from the north corner of said Canter Survey; |
|
THENCE S 40° 57' E, 2866.4 feet to a point in the center of |
|
Rush Creek; |
|
THENCE in a southerly direction down the center of Rush Creek |
|
as follows: S 31° 41 W 35.1 feet; S 83° 33' W 268.4 feet; S 31° 33' E |
|
140.6 feet; S 01° 00' W 48.8 feet; |
|
THENCE N 40° 57' W, 2883.1 feet to a point in the center of |
|
said road; |
|
THENCE N 45° 58' E, along the center of said road, 310.7 feet |
|
to the POINT OF BEGINNING and containing 20.00 acres of land. |
|
TRACT 5 |
|
BEING a tract of land situated in the J. Canter Survey, |
|
Abstract No. 53, and being a portion of a called 6.674 acre tract of |
|
land (called Tract One), and a 9.106 acre tract of land (called |
|
Tract Two) described in the Deed to Stewart I. Kipness recorded in |
|
Volume 601, Page 48, and also a portion of a called 14.923 acre |
|
tract of land described by Deed to Stewart Kipness recorded in |
|
Volume 1012, Page 27 of the Deed Records of Rockwall County, Texas |
|
(D.R.R.C.T.), and being more particularly described as follows: |
|
BEGINNING at a 60D nail found near a fence corner post at the |
|
west corner of said 6.674 acre tract, also for the south corner of a |
|
tract of land described by deed to H.D. Akins recorded in Volume |
|
148, Page 852, D.R.R.C.T.; |
|
THENCE N 45°10'18" E along the common line of said 6.674 acre |
|
tract and said Akins Tract and generally along a barbed wire fence, |
|
for a distance of 1217.50 feet to a 5/8" iron rod with cap stamped |
|
R.P.L.S. 5430 set for corner; |
|
THENCE S 33°08'53" E along a wire fence, for a distance of |
|
625.59 feet to a 5/8" iron rod with cap stamped R.P.L.S. 5430 set at |
|
an angle point in said wire fence; |
|
THENCE N 60°29'05" E continuing along said wire fence, for a |
|
distance of 82.03 feel to a 5/8" iron rod with cap stamped R.P.L.S. |
|
5430 set at an angle point in said wire fence; |
|
THENCE S 30°11'17" E continuing along said wire fence, for a |
|
distance of 165.60 feet to a 5/8" iron rod with cap stamped R.P.L.S. |
|
5430 set on the southeast line of the aforementioned 14.923 acre |
|
tract, and from which a 1/2" iron rod with cap stamped "D.A.I." |
|
found at the east corner of said 14.923 acre tract bears N 45°13'08" |
|
E, a distance of 444.58 feet; |
|
THENCE S 45°13'08" W along the southeast line of said 14.923 |
|
acre tract, for a distance of 1126.52 feet to a 1/2" iron rod with |
|
cap stamped "D.A.I." found at the south corner of same, also lying |
|
on a northeasterly line of a tract of land described by Deed to |
|
Whittle Development recorded in Volume 3874, Page 120, D.R.R.C.T.; |
|
THENCE N 44°56'35" W along the common line of said Whittle |
|
Tract, said 14.923 acre tract, said 9.106 acre tract, and said 6.674 |
|
acre tract and generally along a barbed wire fence, for a distance |
|
of 793.59 feet to the PLACE OF BEGINNING, and containing 914,523 |
|
square feet or 20.995 acres of land more or less. |
|
TRACT 6 |
|
BEING a tract of land in the I. Briscoe Survey, Abstract No. |
|
38, Rockwall County and the I. Briscoe Survey, Abstract No. 57, |
|
Kaufman County, Texas, and being the residue of a called 75 acre |
|
tract of land described in Deed to Letha J. Townsend as recorded in |
|
Volume 27, Page 151, Deed Records, Rockwall County, Texas, and |
|
being more particularly described by metes and bounds as follows: |
|
BEGINNING at a point in the center of Hubbard Drive. a public |
|
right-at-way, and the southeast corner of Misty Bend Addition, an |
|
addition to the City of Heath as recorded in Cabinet A, Slide 359, |
|
Plat Records, Rockwall County, Texas; |
|
THENCE S 02°51'38' E, 459.37 feet with the center of said |
|
Hubbard Drive to a P.K. Nail with shiner found, being an ell corner |
|
of a tract of land described in deed to Whittle Development, Inc. as |
|
recorded in Volume 2055, Page 522, Deed Records, Kaufman County, |
|
Texas; |
|
THENCE S 88°45'26" W, 286.47 feet along the southerly north |
|
line of said Whittle Tract to a concrete monument found in the |
|
easterly line of a tract of land described in deed to the City of |
|
Dallas as recorded in Volume 78, Page 260, Deed Records, Rockwall |
|
County, Texas; |
|
THENCE N 53°16'08" W, 300.52 feet leaving said Whittle Tract |
|
and continue along the easterly line of said City of Dallas tract to |
|
a Concrete Monument found; |
|
THENCE N 30°47'32" W, 299.33 feet with the easterly line of |
|
said City of Dallas tract to a 3/8" iron rod found at the southwest |
|
corner of the aforesaid Misty Bend Addition; |
|
THENCE N 87°32'56" E, (the bearing base for this survey), |
|
658.16 feet along the south line of said Misty Bend Addition to the |
|
POINT Of BEGINNING and containing 5.329 gross acres of which 0.264 |
|
acres lie within the roadway leaving 5.065 net acres of land, more |
|
or less. |
|
TRACT 7 |
|
BEING a tract of land situated in the Joshua Canter Survey, |
|
Abstract No. 53 and being a part of a 63.0 acre tract recorded in |
|
Volume 47, Page 328, Deed Records of Rockwall County, Texas and more |
|
particularly described as follows: |
|
BEGINNING at the southerly northwest corner of a 61.302 acre |
|
tract recorded in Volume 90, Page 403, Deed Records of Rockwall |
|
County, Texas and on the easterly right-of-way of a public road; |
|
THENCE S 87°55'10" E, 272.64 feet to an iron rod for corner; |
|
THENCE N 09°47'59" E, 309.97 feet to the Northerly Northwest |
|
corner of said 61.302 acre tract; |
|
THENCE N 67°46'50" W, with the City of Dallas take line, 99.25 |
|
feet to an iron rod for corner; |
|
THENCE N 78°12'40" W, with the City of Dallas take line, 225.3 |
|
feel to the east right-of-way of a public road; |
|
THENCE S 08°01'20" W, with the east right-of-way of said |
|
public road, 89.0 feet to an iron rod for corner; |
|
THENCE S 00°04'22" W, with the east right-of-way of said |
|
public road, 290.98 feet to the PLACE OF BEGINNING and containing |
|
2.420 acres of land, more or less. |
|
TRACT 8 |
|
BEING a tract of land situated in the Joshua Canter Survey, |
|
Abstract No. 53, City of Heath, Rockwall County, Texas, and also |
|
being part of a 61.48 acre tract as recorded in Volume 140, Page |
|
237, Deed Records, Rockwall County, Texas, and being more |
|
particularly described as follows: |
|
BEGINNING at a point on the east line of Hubbard Drive, said |
|
point being the most Westerly Northeast corner of said 61.48 acre |
|
tract, a fence corner post for corner; |
|
THENCE S 37°47'37" E, leaving the said east line of Hubbard |
|
Drive, a distance of 272.18 feet to an iron pipe found for corner; |
|
THENCE N 10°04'17" E, a distance of 310.32 feet to a 1/2" iron |
|
stake set for corner; |
|
THENCE S 67°46'50" E along the Take Line of Lake Ray Hubbard, a |
|
distance of 236.18 feet to a 1/2" iron stake set for corner; |
|
THENCE S 22°13'10" W, a distance of 315.50 feet to a 1/2" iron |
|
stake set for corner; |
|
THENCE N 87°47'27" W, a distance of 424.47 feet to a point on |
|
the east line of Hubbard Drive, a 1/2" iron stake set for corner; |
|
THENCE N 01°10'14" W, along the east line of Hubbard Drive, a |
|
distance of 70.00 feet to the PLACE OF BEGINNING and containing 2.00 |
|
acres or land. |
|
TRACT 9 |
|
BEING a 199.468 acre tract of land situated in the J. Canter |
|
Survey, Abstract No. 53 and the J. Canter Survey, Abstract No. 85 in |
|
Kaufman County and Rockwall County, Texas, and being part of a 2.399 |
|
acre tract of land described in Deed to Travis Ranch Development, |
|
L.P., as recorded in Volume 1991, Page 50, Deed Records, Kaufman |
|
County, Texas (D.R.K.C.T.) and Volume 2518, Page 56, Deed Records, |
|
Rockwall County, Texas (D.R.R.C.T.). Bearing basis is the east |
|
line of said 2.399 acre tract, said 153.100 acre tract, being more |
|
particularly described by metes and bounds as follows: |
|
COMMENCING at a 5/8" iron rod with yellow cap stamped "Carter |
|
Burgess" set on the west right-of-way line of FM 740 (90° |
|
right-of-way); |
|
THENCE along said west right-of-way line of FM 740, and the |
|
common east line of said 2.399 acre tract, the following courses; N |
|
43°55'15" E, a distance of 403.94 feet to a point for the beginning |
|
of a tangent curve to the left, from which a concrete right-of-way |
|
monument found bears S 45°48'34" E, a distance of 1.00 feet; |
|
northeasterly, along said tangent curve to the left having a radius |
|
of 1387.41 feet, a central angle of 39°46'53", an arc length of |
|
963.30 feet, a chord bearing of N 24°01'48" E, and a chord length of |
|
944.07 feet, to a 5/8" iron with a plastic cap stamped "Carter |
|
Burgess" set for POINT OF BEGINNING: |
|
THENCE over and across said 2.399 acre tract the following |
|
courses; S 88°53'33" W, a distance of 3247.44 feet to a 5/8" iron |
|
with a plastic cap stamped "Carter Burgess" set; N 01°06'27" W, a |
|
distance of 303.90 feet to a 5/8" iron with a plastic cap stamped |
|
"Carter Burgess" set for the beginning of a tangent curve to the |
|
right; northeasterly, along said curve to the right having a radius |
|
of 630.00 feet, a central angle of 48°17'16", an arc length of 530.95 |
|
feet, a chord bearing of N 23°02'11" E, and a chord length of 515.38 |
|
feet, to a 5/8" iron with a plastic cap stamped "Carter Burgess" |
|
set; N 61°02'29" W, a distance of 577.50 feet to a 5/8" iron with a |
|
plastic cap stamped "Carter Burgess" set; S 28°57'31" W, a distance |
|
of 1228.86 feet to a 5/8" iron with a plastic cap stamped "Carter |
|
Burgess" set; S 88°53'33" W, a distance of 2081.92 feet to a 5/8" |
|
iron with a plastic cap stamped "Carter Burges" set on the east line |
|
of a 17.63 acre tract of land described in a deed as Parcel VI, to |
|
the City of Dallas, as recorded in Volume 10, Page 323, D.R.K.C.T.; |
|
THENCE N 30°24'08" E, along the east line of said 17.63 acre |
|
tract, a distance of 25.27 feet to a 5/8" iron with a plastic cap |
|
stamped "Carter Burgess" set for the beginning of a non-tangent |
|
curve to the left; |
|
THENCE departing said east line of said 17.63 acre tract, |
|
over and across said 2.399 acre tract the following courses; |
|
northeasterly, along said curve to the left having a radius of |
|
2640.00 feet, a central angle of 77°36'44", an arc length of 3576.11 |
|
feet, a chord bearing of N 38°10'21" E, and a chord length of 3308.91 |
|
feet, to a 5/8" iron with a plastic cap stamped "Carter Burgess" |
|
set; S 89°45'27" E, a distance of 1582.82 feet to a 1/2" iron rod |
|
found for the west corner of a 11.993 acre tract of land described |
|
in deed to Lloyd N. Fiedler, DVM and Dawn Fiedler, recorded in |
|
Volume 1252, Page 10, D.R.R.C.T.; |
|
THENCE S 45°36'58" E, a distance of 1982.04 feet to a 3/8" iron |
|
rod found for the south corner of a 23.75 acre tract of land |
|
described in deed to Thomas A. Shaw and Jean P. Shaw, recorded in |
|
Volume 71, Page 117, D.R.R.C.T.; |
|
THENCE N 43°51'08" E, along the southeast line of said Shaw |
|
tract, a distance of 548.15 feet to a 3/8" iron rod found for the |
|
west corner of a 0.10 acre tract, called Tract 2, as described in |
|
deed to Dale E. Pratz and Sandra L. Pratz, recorded in Volume 1447, |
|
Page 153, D.R.R.C.T; |
|
THENCE S 45°30'20" E, along the southwest line of said Pratz |
|
Tract, a distance of 98.50 feet to a point from which a 1/2" iron rod |
|
found bears N 48°58'52" W, a distance of 0.40 feet, said point being |
|
in the west right-of-way line of the aforementioned FM 740, also |
|
being the beginning of a non-tangent curve to the left; |
|
THENCE along the west right-of-way line of said FM 740 and the |
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east line of said 2.399 acre tract, the following courses; |
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southeasterly, along said non-tangent curve to the left having a |
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radius of 194.85 feet, a central angle of 27°15'49", an arc length of |
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92.72 feet, and a long chord that bears S 31°52'25" E, a distance of |
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91.85 feet to a 1/2" iron rod with yellow cap stamped "Halff Assoc., |
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Inc." found; S 45°30'20" E, a distance of 372.78 feet to a point from |
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which a concrete right-of-way monument found bears N 39°11'25" W, a |
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distance of 0.61 feet; S 44°18'15" W, a distance of 4.90 feet to a |
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point from which a concrete right-of-way monument found bears N |
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79°44'39" W, a distance of 0.57 feet, said point also being the |
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beginning of a non-tangent curve to the right; southeasterly, along |
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said non-tangent curve to the left having a radius of 1387.41 feet, |
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a central angle of 49°50'07", an arc length of 1206.75 feet, a chord |
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bearing of S 20°46'42" E, and a chord length of 1169.07 feet, to the |
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POINT OF BEGINNING and containing 199.468 acres of land, more or |
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less. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
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(b) 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 |
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fulfilled and accomplished. |
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SECTION 4. This Act takes effect September 1, 2011. |
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|
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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|
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I certify that H.B. No. 3859 was passed by the House on May |
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13, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
|
No. 3859 on May 26, 2011, by the following vote: Yeas 141, Nays 0, |
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2 present, not voting. |
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|
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______________________________ |
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Chief Clerk of the House |
|
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I certify that H.B. No. 3859 was passed by the Senate, with |
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amendments, on May 24, 2011, by the following vote: Yeas 31, Nays |
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0. |
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|
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |