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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Comanche Municipal Management |
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District No. 1; providing authority to issue bonds; providing |
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authority to impose assessments or fees. |
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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 3918 to read as follows: |
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CHAPTER 3918. COMANCHE MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3918.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Aubrey. |
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(3) "County" means Denton County. |
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(4) "Director" means a board member. |
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(5) "District" means the Comanche Municipal |
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Management District No. 1. |
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Sec. 3918.002. NATURE OF DISTRICT. The Comanche Municipal |
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Management District No. 1 is a special district created under |
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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. 3918.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The initial directors shall hold an election to confirm |
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the creation of the district and to elect five permanent directors |
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as provided by Section 49.102, Water Code. |
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Sec. 3918.004. CITY CONSENT AND DEVELOPMENT AGREEMENT |
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EXECUTION REQUIRED. (a) The initial directors may not hold an |
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election under Section 3918.003 until the city has: |
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(1) consented by ordinance or resolution to the |
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creation of the district and to the inclusion of land in the |
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district; and |
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(2) entered into a development agreement with the |
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owners of the real property in the district under Section 212.172, |
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Local Government Code. |
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(b) The district is dissolved and this chapter expires |
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September 1, 2017, if: |
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(1) the city has not consented to the creation of the |
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district and to the inclusion of land in the district under |
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Subsection (a)(1) before that date; or |
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(2) the development agreement described by Subsection |
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(a)(2) is not entered into before that date. |
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Sec. 3918.005. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district, and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city or county from providing the level |
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of services provided as of the effective date of the Act enacting |
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this chapter to the area in the district. The district is created |
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to supplement and not to supplant city and county services provided |
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in the district. |
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Sec. 3918.006. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The district is created to accomplish the purposes of a |
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municipal management district as provided by general law and |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution. |
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(d) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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commerce. |
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(e) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas, which are necessary for the restoration, |
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preservation, and enhancement of scenic beauty. |
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(f) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(g) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3918.007. 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 of the district contained |
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in Section 2 of the Act enacting this chapter form a closure. A |
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mistake in the field notes or in copying the field notes in the |
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legislative process does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to borrow money or issue any type of bonds or |
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other obligations described by Section 3918.253 for a purpose for |
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which the district is created or to pay the principal of and |
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interest on the bonds or other obligations; |
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(3) right to impose or collect an assessment or |
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collect other revenue; |
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(4) legality or operation; or |
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(5) right to contract. |
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Sec. 3918.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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(a) All or any part of the area of the district that is not in the |
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city's corporate limits is eligible to be 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 3918.253. |
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(c) All or any part of the area of the district that is |
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within the city's corporate limits is eligible to be included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; or |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code. |
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(d) If the city creates a tax increment reinvestment zone |
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described by Subsection (c)(1), the city and the board of directors |
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of the zone, by contract, may allocate money deposited in the tax |
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increment fund between the city and the district to be used by the |
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city and the district 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; |
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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 3918.253; and |
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(3) funding services provided by the city to the area |
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in the district. |
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(e) 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. 3918.009. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3918.010. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed in conformity with the findings and purposes |
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stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3918.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 3918.052, directors serve |
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staggered four-year terms, with two or three directors' terms |
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expiring June 1 of each odd-numbered year. |
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Sec. 3918.052. INITIAL DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district according to the most recent certified tax appraisal rolls |
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for the county may submit a petition to the city requesting that the |
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city appoint as initial directors the five persons named in the |
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petition. The city shall appoint as initial directors the five |
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persons named in the petition. |
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(b) Initial directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 3918.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 3918.003 and the terms of the initial directors have |
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expired, successor initial directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 3918.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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according to the most recent certified tax appraisal rolls for the |
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county may submit a petition to the city requesting that the city |
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appoint as successor initial directors the five persons named in |
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the petition. The city shall appoint as successor initial |
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directors the five persons named in the petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3918.101. 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. 3918.102. 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. 3918.103. WATER DISTRICT POWERS. The district has the |
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powers provided by the general laws relating to conservation and |
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reclamation districts created under Section 59, Article XVI, Texas |
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Constitution, including Chapters 49 and 54, Water Code. |
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Sec. 3918.104. ROAD DISTRICT POWERS. The district has the |
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powers provided by the general laws relating to road districts and |
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road utility districts created under Section 52(b), Article III, |
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Texas Constitution, including Chapter 441, Transportation Code. |
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Sec. 3918.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The |
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district has the powers provided by Chapter 372, Local Government |
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Code, to a municipality or county. |
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Sec. 3918.106. CONTRACT POWERS. The district may contract |
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with a governmental or private entity, on terms determined by the |
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board, to carry out a power or duty authorized by this chapter or to |
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accomplish a purpose for which the district is created. |
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Sec. 3918.107. EMERGENCY SERVICES. (a) This section |
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applies only to territory in the district: |
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(1) that is in the extraterritorial jurisdiction of |
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the city; |
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(2) for which a plat has been filed; and |
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(3) that includes 100 or more residents. |
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(b) To protect the public interest, the district shall |
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provide or contract with a qualified party to provide emergency |
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services, including law enforcement, fire, and ambulance services, |
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in the territory described by Subsection (a). |
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Sec. 3918.108. NO TOLL ROADS. The district may not |
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construct, acquire, maintain, or operate a toll road. |
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Sec. 3918.109. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES |
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Sec. 3918.151. 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 any money available to the district, or contract with |
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a 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. 3918.152. 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 entered |
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into under Section 3918.004(a)(2) or the parties to that |
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development agreement agree to the project, in writing. |
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Sec. 3918.153. LOCATION OF IMPROVEMENT PROJECT. An |
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improvement project may be inside or outside the district. |
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Sec. 3918.154. CITY REQUIREMENTS. (a) An improvement |
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project in the corporate limits of the city must comply with any |
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applicable requirements of the city, including codes and |
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ordinances, that are consistent with the development agreement |
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entered into under Section 3918.004(a)(2). |
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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. 3918.155. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE |
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AREA. The district may undertake an improvement project or service |
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that confers a special benefit on a definable area in the district |
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and levy and collect a special assessment on benefited property in |
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the district in accordance with: |
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(1) Chapter 372, Local Government Code; or |
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(2) Chapter 375, Local Government Code. |
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SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
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Sec. 3918.201. DIVISION OF DISTRICT; PREREQUISITE. The |
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district may be divided into two or more new districts only if the |
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district has no outstanding bonded debt. |
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Sec. 3918.202. 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. 3918.203. 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. 3918.204. 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. |
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Sec. 3918.205. 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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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3918.251. 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. 3918.252. 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. 3918.253. 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 |
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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. 3918.254. ASSESSMENTS. (a) Except as provided by |
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Subsection (b), the district may impose an assessment on property |
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in the district to pay for an obligation described by Section |
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3918.253 in the manner provided for: |
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(1) a district under Subchapters A, E, and F, Chapter |
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375, Local Government Code; or |
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(2) a municipality or county under Subchapter A, |
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Chapter 372, Local Government Code. |
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(b) The district may not impose an assessment on a |
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municipality, county, or other political subdivision. |
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Sec. 3918.255. NOTICE OF ASSESSMENTS. (a) The board shall |
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annually file written notice with the secretary of the city that |
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specifies the assessments the district will impose in the |
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district's next fiscal year in sufficient clarity to describe the |
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assessments for the operation and maintenance of the district and |
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the assessments for the payment of debt service of obligations |
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issued or incurred by the district. |
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(b) The board shall annually record in the deed records of |
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the county a current assessment roll approved by the governing body |
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of the city. |
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(c) The assessment roll must clearly state that the |
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assessments in the assessment roll are in addition to the ad valorem |
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taxes imposed by other taxing units that tax real property in the |
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district. |
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(d) The district shall generate and implement a program to |
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provide notification to a prospective purchaser of property in the |
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district of the assessments that have been approved and are imposed |
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by the district. |
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Sec. 3918.256. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to the district. |
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Sec. 3918.257. NO IMPACT FEES. The district may not impose |
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an impact fee. |
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Sec. 3918.258. NO AD VALOREM TAX. The district may not |
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impose an ad valorem tax. |
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SUBCHAPTER F. DISSOLUTION |
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Sec. 3918.301. DISSOLUTION BY CITY. (a) The city may |
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dissolve the district by ordinance after the city annexes the |
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district. |
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(b) Notwithstanding Subsection (a), the city may not |
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dissolve the district until: |
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(1) the district's outstanding debt or contractual |
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obligations have been repaid or discharged; or |
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(2) the city agrees to succeed to the rights and |
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obligations of the district. |
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Sec. 3918.302. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. |
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(a) If the dissolved district has bonds or other obligations |
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outstanding secured by and payable from assessments or other |
|
revenue, the city succeeds to the rights and obligations of the |
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district regarding enforcement and collection of the assessments or |
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other revenue. |
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(b) The city shall have and exercise all district powers to |
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enforce and collect the assessments or other revenue to pay: |
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(1) the bonds or other obligations when due and |
|
payable according to their terms; or |
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(2) special revenue or assessment bonds or other |
|
obligations issued by the city to refund the outstanding bonds or |
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obligations of the district. |
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Sec. 3918.303. ASSUMPTION OF ASSETS AND LIABILITIES. (a) |
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After the city dissolves the district, the city assumes the |
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obligations of the district, including any bonds or other debt |
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payable from assessments or other district revenue. |
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(b) If the city dissolves the district, the board shall |
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transfer ownership of all district property to the city. |
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SECTION 2. The Comanche Municipal Management District No. 1 |
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initially includes all the territory contained in the following |
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area: |
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TRACT 1 |
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248.67 ACRE |
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BEING a tract of land situated in the William Lumpkin Survey |
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Abstract No. 730, Denton County, Texas, and also being all of a |
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173.545 acre tract as recorded in Volume 5347, Page 4702 of the Deed |
|
Records of Denton County, Texas, also being all of a 75.125 acre |
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tract as recorded in Volume 4895, Page 1900 D.R.D.C.T. and being |
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more particularly described by metes and bounds as follows: |
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BEGINNING at a capped 1/2 inch iron rod found for corner |
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(controlling monument) at the northeast corner of said 173.545-acre |
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tract; |
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THENCE South 1 degree 53 minutes 56 seconds West a distance of |
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2221.22 feet to a 1/2 inch iron rod set for comer in Bryan Road |
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(gravel surface); |
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THENCE North 88 degrees 04 minutes 11 seconds West following Bryan |
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Road a distance of 1267.37 feet to a 1/2 inch iron rod found for |
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corner in the east line of a 75.125-acre tract; |
|
THENCE South 02 degrees 13 minutes 34 seconds West a distance of |
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900.51 feet to a 1/2 inch iron rod found for comer at the northeast |
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comer of a 52.63 acre tract as recorded in Volume 2261, Page 53, |
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D.R.D.C.T.; |
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THENCE North 89 degrees 19 minutes 31 seconds West following the |
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north line of said 52.63 acres tract a distance of 3578.05 feet to a |
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5/8 inch iron rod (bent) found for comer in the east line of a tract |
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conveyed to the United States of America as recorded in Volume 2585, |
|
Page 305, D.R.D.C.T.; |
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THENCE North 02 degrees 15 minutes 46 seconds East following the USA |
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tract a distance of 243.40 feet to concrete monument stamped 1033-4 |
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for corner; |
|
THENCE North 02 degrees 18 minutes 26 seconds East following the USA |
|
tract a distance of 349.95 feet to concrete monument stamped 1033-5 |
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for comer; |
|
THENCE North 36 degrees 42 minutes 11 seconds West following the USA |
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tract a distance of 396.06 feet to concrete monument stamped 1033-6 |
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for comer on the east bank of a dry creek; |
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THENCE South 89 degrees 12 minutes 38 seconds East a distance of |
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201.16 feet to 1/2 inch iron rod found for corner; |
|
THENCE North 00 degrees 47 minutes 22 seconds East a distance of |
|
131.81 feet to a point for comer in a creek; |
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THENCE up said creek the following calls: |
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N 09'28'51" E 13.38' |
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N 07°11'52" E 163.03' |
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N 72°07'15" E 37.14' |
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S 63°04'41" E 103.03' |
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S 88°21'20" E 52.55' |
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N 04°13'19" E 21.33' |
|
N 11°19'26" W 59.51' |
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N 18°42'11" E 87.30' |
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N 17°43'03" W 81.64' |
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N 74°51'43" E 136.16' |
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N 31°30'01" E 64.83' |
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S 88°00'53" E 66.68' |
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S 35°42'40" E 58.03' |
|
S 82°36'34" E 31.64' |
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N 17°26'44" E 95.82' |
|
S 42°05'36" E 150.73' |
|
N 83°20'18" E 36.07' |
|
N 05°26'09" E 107.43' |
|
N 31°37'22" W 51.38' |
|
N 20°57'03" E 66.43' |
|
N 28°51'15" W 102.21' |
|
N 71°19'55" E 53.49' |
|
S 53°48'09" E 44.26' |
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N 85°29'09" E 65.70' |
|
N 40°30'41" E 86.41' |
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N 78°32'11" E 40.09' |
|
N 24°32'25" E 53.98' |
|
N 77°19'49" E 92.67' |
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N 58°04'48" E 80.57' |
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S 32°29'24" E 38.45' |
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N 48°05'23" E 47.84' |
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N 25°13'19" E 47.92' |
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S 89°41'30" E 57.89' |
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S 78°26'24" E 91.22' |
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N 67°15'30" E 29.70' |
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S 23°35'53" E 132.38' |
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S 87°07'12" E 40.32' |
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N 00°43'32" W 44.48' |
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N 56°26'03" E 92.01' |
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S 51°37'41" E 87.66' |
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S 01°35'49" w 42.96' |
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S 59°48'32" E 8.73' |
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N 60°27'41" E 125.92' |
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N 44°01'02" E 75.88' |
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N 01°26'58" E 82.39' |
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N 73°27'50" E 73.60' |
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N 54°29'34" E 46.92' |
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N 81°58'33" E 46.29' |
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N 49°14'37" E 44.19' |
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N 53°45'54" W 113.00' |
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N 18°22'20" W 130.69' |
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N 29°43'26" E 28.51' |
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N 50°28'25" W 43.10' |
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N 17°32'30" W 68.50' |
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N 88°47'34" E 108.29' |
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S 55°53'19" E 47.42' |
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S 45°21'21" E 32.24' |
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N 52°55'59" E 49.96' |
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S 35°25'53" E 72.10' |
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N 24°00'28" E 43.50' |
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N 49°35'12" W 52.21' |
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N 07°23'52" E 54.05' |
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N 01°09'32" E 45.90' |
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N 84°16'29" E 94.67' |
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N 86°33'49" E 67.50' |
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S 74°49'52" E 56.94' |
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N 51°27'10" E 21.10' |
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N 21°28'46" W 35.20' |
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N 67°07'22" E 44.39' |
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S 30°10'20" E 49.02' |
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S 85°45'43" E 39.09' |
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N 18°14'15" E 39.69' |
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N 69°16'16" E 39.39' |
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S 49°20'27" E 59.65' |
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N 55°13'09" E 41.34' |
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N 40°35'34" W 70.10' |
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N 33°06'50" E 69.98' |
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N 66°20'41" E 42.96' |
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N 01°12'16" E 3.53' |
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THENCE North 86 degrees 41 minutes 34 seconds East a distance of |
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401.38 feet to a 1/2 inch iron rod set for comer; |
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THENCE South 88 degrees 18 minutes 26 seconds East a distance of |
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2105.22 feet to the POINT OF BEGINNING and containing 10,832,069 |
|
square feet or 248.67 acres of land, more or less. |
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RELEASE TRACT |
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100.582 ACRE TRACT |
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BEING a tract of land situated in the William Lumpkin Survey |
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Abstract No. 730, Denton County, Texas, and also being part of a |
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173.545 acre tract as recorded in Volume 5347, Page 4702 of the Deed |
|
Records of Denton County, Texas, also being part of a 75.125 acre |
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tract as recorded in Volume 4895, Page 1900 D.R.D.C.T. and being |
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more particularly described by metes and bounds as follows: |
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BEGINNING at a capped 1/2 inch iron rod found for corner |
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(controlling monument) at the northeast corner of said 173.545-acre |
|
tract; |
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THENCE South 1 degree 53 minutes 56 seconds West a distance of |
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2221.22 feet to a 1/2 inch iron rod set for comer in Bryan Road |
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(gravel surface); |
|
THENCE North 88 degrees 04 minutes 11 seconds West following Bryan |
|
Road a distance of 1267.37 feet to a 1/2 inch iron rod found for |
|
corner in the east line of a 75.125-acre tract; |
|
THENCE South 02 degrees 13 minutes 34 seconds West a distance of |
|
528.88 feet to a 1/2 inch iron rod found for comer at the northeast |
|
comer of a 52.63 acre tract as recorded in Volume 2261, Page 53, |
|
D.R.D.C.T.; |
|
THENCE North 89 degrees 19 minutes 31 seconds West following the |
|
north line of said 52.63 acres tract a distance of 653.67 feet to a |
|
point; |
|
THENCE North 02 degrees 10 minutes 14 seconds East a distance of |
|
769.82.40 feet to the beginning of a tangent curve to the right; |
|
THENCE Northerly, along said tangent curve to the right which has a |
|
chord that bears North 11 degrees 39 minutes 21 seconds East for |
|
2017.05 feet, a central angle of 18 degrees 58 minutes 13 seconds |
|
and a radius of 6120.00 feet, for an arc distance of 2026.29 feet to |
|
the end of said curve; |
|
THENCE South 88 degrees 18 minutes 26 seconds East a distance of |
|
1578.43 feet to the POINT OF BEGINNING and containing 4,381,338 |
|
square feet or 100.582 acres of land. |
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TRACT 2 |
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52.631 ACRE TRACT |
|
All that certain tract or parcel of land situated in the WILLIAM |
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LUMPKIN SURVEY, ABSTRACT NUMBER 73, County of DENTON, State of |
|
Texas, said tract being all of a called 52.630 acre tract as |
|
described in Deed 2261, Page 53 of the Real Property Records of the |
|
County of DENTON, State of Texas, and being more fully described as |
|
follows: |
|
Beginning for the Northeast corner of the tract described herein at |
|
a found 1/2 inch rebar said rebar being the Northeast corner of said |
|
Layman tract, same being the Southeast corner of a called 75.125 |
|
acre tract as described in deed to Denton County 250 LP, filed 29 |
|
June 2004, and recorded in County Clerk's Number 2004-85167 of said |
|
Real Property Records, and said rebar being on the West line of a |
|
called 166.48 acre tract as described in deed to Jos. A. I. Worsham, |
|
Trustee, filed 24 December 2003, and recorded in County Clerk's |
|
Number 2003-205831 of said deed records, said rebar also being in |
|
Bryan Road; |
|
Thence: South 02 degrees 07 minutes 23 seconds West, with the East |
|
line of said Layman tract, and with the West line of said Worsham |
|
tract, and with said road, a distance of 616.86 feet to a found 1/2 |
|
inch rebar for the Southeast corner of said Layman tract, same being |
|
the Northeast corner of Lot No. 2, a called 139.76 acre tract as |
|
described in partition, dated 18 September 1899, and recorded in |
|
Volume L, Page 587 of the District Court Minutes of DENTON County, |
|
Texas, and further described in Boundary Agreement, filed 22 May |
|
1985, and recorded in Volume 1640, Page 779 of said Real Property |
|
Records; |
|
Thence: North 89 degrees 19 minutes 30 seconds West, with the South |
|
line of said Layman tract, and with the North line of said Lot 2, and |
|
with the line as described in said Boundary Agreement, a distance of |
|
3950.80 feet to a found Corps of Engineers concrete monument with a |
|
brass cap marked 1033-1, 1034-5, dated 1966 for the Southwest |
|
corner of said Layman tract, said monument being the East line of |
|
USA Tract L-1033 (Lake Lewisville); |
|
Thence: North 40 degrees 32 minutes 30 seconds East, with the West |
|
line of said Layman tract, and with the East line of said USA tract, |
|
and with a barbed wire fence, a distance of 299.74 feet to a found |
|
Corps of Engineers concrete monument remains for an angle point in |
|
the West line of said Layman tract; |
|
Thence: North 40 degrees 28 minutes 28 seconds East, with the West |
|
line of said Layman tract, and with the East line of said USA tract, |
|
and with a barbed wire fence, a distance of 299.71 feet to a found |
|
Corps of Engineers concrete monument with a brass cap marked |
|
1033-3, dated 1966 for an angle point in the West line of said |
|
Layman tract, same being an angle point in the East line of said USA |
|
tract; |
|
Thence: North 02 degrees 16 minutes 40 seconds East, with the West |
|
line of said Layman tract, and with the East line of said USA tract, |
|
and with a barbed wire fence, a distance of 156.12 feet to a found I |
|
inch rebar by a pipe fence corner post for the Northwest corner of |
|
said Layman tract, same being the Southwest corner of said Denton |
|
County 250 tract; |
|
Thence: South 89 degrees 19 minutes 46 seconds East, with the North |
|
line of said Layman tract, and with the South line of said Denton |
|
County 250 tract, and with a barbed wire fence, and passing at |
|
3550.64 feet a pipe fence corner post on the West side of said road, |
|
and continuing on said course a total distance of 3578.04 feet to a |
|
POINT OF BEGINNING and CONTAINING 52.613 acres of land. |
|
RELEASE TRACT |
|
9.257 ACRE TRACT |
|
All that certain tract or parcel of land situated in the WILLIAM |
|
LUMPKIN SURVEY, ABSTRACT NUMBER 73, County of DENTON, State of |
|
Texas, said tract being part of a called 52.630 acre tract as |
|
described in Deed 2261, Page 53 of the Real Property Records of the |
|
County of DENTON, State of Texas, and being more fully described as |
|
follows: |
|
Beginning for the Northeast corner of the tract described herein at |
|
a found 1/2 inch rebar said rebar being the Northeast corner of said |
|
Layman tract, same being the Southeast corner of a called 75.125 |
|
acre tract as described in deed to Denton County 250 LP, filed 29 |
|
June 2004, and recorded in County Clerk's Number 2004-85167 of said |
|
Real Property Records, and said rebar being on the West line of a |
|
called 166.48 acre tract as described in deed to Jos. A. I. Worsham, |
|
Trustee, filed 24 December 2003, and recorded in County Clerk's |
|
Number 2003-205831 of said deed records, said rebar also being in |
|
Bryan Road; |
|
Thence: South 02 degrees 07 minutes 23 seconds West, with the East |
|
line of said Layman tract, and with the West line of said Worsham |
|
tract, and with said road, a distance of 616.86 feet to a found 1/2 |
|
inch rebar for the Southeast corner of said Layman tract, same being |
|
the Northeast corner of Lot No.2, a called 139.76 acre tract as |
|
described in partition, dated 18 September 1899, and recorded in |
|
Volume L, Page 587 of the District Court Minutes of DENTON County, |
|
Texas, and further described in Boundary Agreement, filed 22 May |
|
1985, and recorded in Volume 1640, Page 779 of said Real Property |
|
Records; |
|
Thence: North 89 degrees 19 minutes 30 seconds West, with the South |
|
line of said Layman tract, and with the North line of said Lot 2, and |
|
with the line as described in said Boundary Agreement, a distance of |
|
654.18 feet a point; |
|
Thence: North 02 degrees 10 minutes 14 seconds East, a distance of |
|
616.82 feet to a point; |
|
Thence: South 89 degrees 19 minutes 46 seconds East, with the North |
|
line of said Layman tract, and with the South line of said Denton |
|
County 250 tract, and with a barbed wire fence, a distance of 653.67 |
|
feet to a POINT OF BEGINNING and CONTAINING 9.257 acres of land. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act have been |
|
fulfilled and accomplished. |
|
SECTION 4. This Act takes effect September 1, 2013. |