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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 Prairie Ridge Municipal Management |
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District No. 1; providing authority to issue bonds; providing |
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authority to impose assessments, fees, or taxes; granting a limited |
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power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3954 to read as follows: |
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CHAPTER 3954. PRAIRIE RIDGE MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3954.001. 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 Grand Prairie, Texas. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) "Director" means a board member. |
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(5) "District" means the Prairie Ridge Municipal |
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Management District No. 1. |
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Sec. 3954.002. 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. 3954.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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Sec. 3954.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The district is created to accomplish the purposes of a |
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municipal management district as provided by general law and |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution. |
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(d) The creation of the district is in the public interest |
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and is essential to 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; |
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(3) developing or expanding transportation and |
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commerce; and |
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(4) providing quality residential housing. |
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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 residential community and business |
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center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty. |
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(f) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(g) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3954.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to contract; |
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(3) authority to borrow money or issue bonds or other |
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obligations described by Section 3954.201 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. 3954.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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(a) All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; or |
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(3) an enterprise zone created under Chapter 2303, |
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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 3954.201. |
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(c) If the city creates a tax increment reinvestment zone |
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described by Subsection (a), the city may determine the percentage |
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of the property in the zone that may be used for residential |
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purposes and is not subject to the limitations provided by Section |
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311.006, Tax Code. |
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Sec. 3954.007. 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. 3954.008. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 3954.007 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 3954.009. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICT LAW. Except as provided by this chapter, Chapter 375, |
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Local Government Code, applies to the district. |
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Sec. 3954.010. 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. 3954.051. 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 3954.052, directors serve |
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staggered four-year terms. |
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Sec. 3954.052. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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Pos. No. Name of Director |
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1 Murphy Short |
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2 Johnny Catalano |
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3 Reid Halverson |
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4 Riley Standridge |
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5 Brian Tomich |
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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 3954.007; 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 3954.007 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 3954.007; 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 commission requesting that the |
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commission appoint as successor initial directors the five persons |
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named in the petition. The commission shall appoint as successor |
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initial directors the five persons named in the petition. |
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Sec. 3954.053. COMPENSATION; EXPENSES. (a) The district |
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may compensate each director in an amount not to exceed $150 for |
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each board meeting. The total amount of compensation for each |
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director in a calendar year may not exceed $6,000. |
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(b) The governing body of the city, by resolution or |
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ordinance, may increase: |
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(1) the compensation for each director to an amount |
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not to exceed $300 for each board meeting; and |
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(2) the total compensation for each director to an |
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amount not to exceed $12,000 in a calendar year. |
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(c) A director is entitled to reimbursement for necessary |
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and reasonable expenses incurred in carrying out the duties and |
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responsibilities of a director. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3954.101. 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. 3954.102. IMPROVEMENT PROJECTS AND SERVICES. (a) 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 for the provision, design, |
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construction, acquisition, improvement, relocation, operation, |
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maintenance, or financing of an improvement project or service |
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authorized under this chapter or Chapter 372 or 375, Local |
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Government Code. |
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(b) An improvement project may be located inside or outside |
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the district. |
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Sec. 3954.103. ADDING OR REMOVING TERRITORY. (a) Subject |
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to Subsection (b), the board may add or remove territory as provided |
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by Subchapter J, Chapter 49, Water Code. |
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(b) The district may add territory as described by |
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Subsection (a) only if the district obtains written consent from |
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the governing body of the city. |
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Sec. 3954.104. EMINENT DOMAIN. The district may exercise |
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the power of eminent domain in the manner and for the purposes |
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provided by Section 49.222, Water Code. |
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Sec. 3954.105. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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3954.007 to confirm the creation of the district. |
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(f) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 3954.007. |
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(i) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(k) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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3954.008 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3954.151. 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. 3954.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, maintain, or operate |
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an improvement project or service authorized by this chapter or |
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Chapter 372 or 375, Local Government Code, using any money |
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available to the district. |
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Sec. 3954.153. METHOD OF NOTICE FOR HEARING. The district |
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may mail the notice required by Section 375.115(c), Local |
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Government Code, by certified or first class United States mail. |
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The board shall determine the method of notice. |
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Sec. 3954.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district are: |
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(1) a first and prior lien against the property |
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assessed; |
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(2) superior to any other lien or claim other than a |
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lien or claim for county, school district, special district, or |
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municipal ad valorem taxes; and |
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(3) the personal liability of and a charge against the |
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owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 3954.155. RESIDENTIAL PROPERTY NOT EXEMPT. Sections |
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375.161 and 375.164, Local Government Code, do not apply to the |
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district. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3954.201. BONDS AND OTHER OBLIGATIONS. (a) The |
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district may issue, by public or private sale, bonds, notes, or |
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other obligations payable wholly or partly from ad valorem taxes or |
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assessments in the manner provided by Subchapter J, Chapter 375, |
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Local Government Code. |
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(b) If the improvements financed by an obligation will be |
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conveyed to or operated and maintained by a municipality or retail |
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utility provider pursuant to an agreement between the district and |
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the municipality or retail utility provider entered into before the |
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issuance of the obligation, the obligation may be issued in the |
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manner provided by Subchapter A, Chapter 372, Local Government |
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Code. |
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(c) In exercising the district's borrowing power, the |
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district may issue a bond or other obligation in the form of a bond, |
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note, certificate of participation or other instrument evidencing a |
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proportionate interest in payments to be made by the district, or |
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other type of obligation. |
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(d) In addition to the sources of money described by |
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Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local |
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Government Code, district bonds may be secured and made payable |
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wholly or partly by a pledge of any part of the money the district |
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receives from improvement revenue, receives under Section |
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3954.006(b), or receives from any other source. |
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(e) The district may issue bonds, notes, or other |
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obligations to maintain or repair an existing improvement project |
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only if the district obtains written consent from the governing |
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body of the city. |
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Sec. 3954.202. ELECTIONS REGARDING TAXES AND BONDS. (a) |
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The district may issue, without an election, bonds, notes, and |
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other obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 3954.205. |
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(b) The district must hold an election in the manner |
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provided by Subchapter L, Chapter 375, Local Government Code, to |
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obtain voter approval before the district may impose an ad valorem |
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tax or issue bonds payable from ad valorem taxes. |
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(c) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(d) All or any part of any facilities or improvements that |
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may be acquired by a district by the issuance of its bonds may be |
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submitted as a single proposition or as several propositions to be |
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voted on at the election. |
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Sec. 3954.203. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 3954.204. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
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election held under Section 3954.202, the district may impose an |
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operation and maintenance tax on taxable property in the district |
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in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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(c) Section 49.107(f), Water Code, does not apply to a |
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reimbursement made for a purpose described by Section 3954.102. |
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Sec. 3954.205. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER F. DISSOLUTION |
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Sec. 3954.251. DISSOLUTION BY CITY ORDINANCE. (a) The |
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governing body of the city may dissolve the district by ordinance. |
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(b) The governing body may not dissolve the district until: |
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(1) water, sanitary, sewer, and drainage improvements |
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and roads have been constructed to serve at least 90 percent of the |
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developable territory of the district; and |
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(2) the district has reimbursed each party that has an |
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agreement with the district for all costs advanced to or on behalf |
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of the district. |
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(c) Until the district is dissolved, the district is |
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responsible for all bonds and other obligations of the district. |
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Sec. 3954.252. 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 |
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revenue, other than revenue from ad valorem taxes, the city shall |
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succeed to the rights and obligations of the district regarding |
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enforcement and collection of the assessments or 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 |
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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 |
|
obligations. |
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Sec. 3954.253. 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 Prairie Ridge Municipal Management District |
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No. 1 initially includes all the territory contained in the |
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following area: |
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TRACT 1: |
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BEING a part of a tract or parcel of land situated in the Joseph |
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Stewart Survey, Abstract No. 754, Heirs of Allen Larsen, Survey |
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No. 497, T. Stanbury Survey, Abstract 762, and the J. H. Working |
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Survey, Abstract No. 897, Johnson County, Texas, and being part of |
|
that same tract of land from Karal Kay Cannon, as described in |
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Volume 02111, Page 0850, Deed Records, Ellis County, Texas, and as |
|
described in Book 3500, Page 0941, Official Public Records of |
|
Johnson County, Texas, and all of a tract from Billy D. Cannon and |
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Michelle Cannon, to PRA Prairie Ridge, L.P. as described in Book |
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3500, Page 0941, Official Public Records of Johnson County, Texas, |
|
and a tract of land from Phillip Nabors Smauder and Jennie Smauder |
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Pope, to PRA Prairie Ridge, L.P. as described in County Clerk File |
|
No. 2104-00248, Official Public Records of Johnson County, Texas, |
|
and being more particularly described as follows: |
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BEGINNING at a point in County Road 506 at an intersection with the |
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Ellis County and Johnson County limits line along with the |
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intersection of the Joseph Stewart Survey, Abstract No. 961, the |
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Joseph Stewart Survey, Abstract No. 754, and the John H. Working |
|
Survey, Abstract No. 897; |
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THENCE South 00°47'39" East, departing from said county road and |
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along the said Johnson and Ellis County lines, a distance of 5474.77 |
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feet to a 1/2" iron rod found; |
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THENCE South 59°47'49" West, along a north line of Bennett W. Cervin |
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tract one as described in Volume 2001, Page 0749, Deed Records, |
|
Ellis County, Texas, a distance of 537.29 feet to a 1/2" iron rod |
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found; |
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THENCE North 30°19'12" West, along an east line of a Jeniffer |
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N. Sweeney tract described in Book 0608, Page 830, Deed Records, |
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Johnson County, Texas, a distance of 767.82 feet to a 1/2" iron rod |
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found; |
|
THENCE South 59°32'27" West, along a north line of said Jeniffer |
|
N. Sweeney tract, a distance of 5401.00 feet to a 1/2" iron rod |
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found; |
|
THENCE North 30°44'12" West, along County Road 619, a distance of |
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1053.81 feet to a 1/2" iron rod found; |
|
THENCE North 59°59'51" East, leaving said county road, along a north |
|
line of a tract of land from Phillip Nabors Smauder and Jennie |
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Smauder Pope, to PRA Prairie Ridge, L.P. as described in County |
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Clerk File No. 2104-00248, Official Public Records of Johnson |
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County, Texas a distance of 291.69 feet; |
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THENCE North 30°44'47" West, along a west line of said Smauder |
|
tract, a distance of 150.00 feet to a 1/2" iron rod found; |
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THENCE South 59°59'52" West, along a south line of Smauder tract, to |
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County Road 619, a distance of 291.67 feet to a 1/2" iron rod found; |
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THENCE North 30°44'12" West, along a west line of said Smauder tract |
|
a distance of 2672.24 feet to a 1/2" iron rod found; |
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THENCE North 59°59'42" East, along a north line of said Smauder |
|
tract, a distance of 888.13 feet to a 1/2" iron rod found; |
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THENCE North 60°06'44" East, along a north line of said Smauder |
|
tract, a distance of 1077.88 feet to a 1/2" iron rod found; |
|
THENCE North 59°33'36" East, along a north line of said Smauder |
|
tract, a distance of 1233.53 feet to a 1/2" iron rod found; |
|
THENCE North 60°12'38" East, along a north line of said Smauder |
|
tract, a distance of 2229.85 feet to a 1/2" iron rod found; |
|
THENCE North 56°47'57" East, reaching a northeasterly 90° elbow in |
|
County Road 506, along a south line of tract described in Book 3256, |
|
Page 0733, Deed Records, Johnson County, Texas, a distance of |
|
3239.36 feet to the POINT OF BEGINNING, containing 678.614 acres, |
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more or less. |
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TRACT 2: |
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Being all those certain Lots, Tracts or Parcels of Land situated in |
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the R.K. Wines Survey, Abstract 1178, Ellis County, Texas, and |
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being part of that certain contract of land conveyed to John |
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W. Brumbeloe, Sr. (referred to as Tract III) as recorded in Volume |
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558, Page 209, Deed Records, Ellis County, Texas and being known as |
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designated at Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, Sunset Park |
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(referred to as Tract II), an addition to Ellis County, Texas, |
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according to the plat filed of record in Cabinet "B", Slide 13, plat |
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records, Ellis County, Texas, and being more particularly described |
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as follows: |
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Commencing at a found 1-inch iron pipe from the southeast corner of |
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a tract of land conveyed to Edward J. Kilchenstein, as recorded in |
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Volume 710, Page 627, Deed Records, Ellis County, Texas and the |
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north line of a tract of land conveyed to Lia Vang and wife, Xia |
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Vang, Jeff V. Hang and wife, Melissa S. Hang, Chue Moua and wife, |
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Maikoulap Moura as recorded in Volume 1832, Page 2002, Deed |
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Records, Ellis County, Texas; |
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Thence S 59°29'25" W, along the common line of said Kilchenstein |
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tract and the Vang, Hang, Moua tract, a distance of 339.40 feet to a |
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found 3/8-inch iron rod with a yellow plastic cap stamped "RPLS 446" |
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at the Northwest corner of said Vang, Hang, Moua tract and the |
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Northeast corner of said Brumbeloe tract, said point being the |
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place of Beginning of this herein described tract of land; |
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Thence S 01°22'20" E, along the common line of said Vang, Hang, Moua |
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tract, passing a found 1/2-inch iron rod with a yellow plastic cap |
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stamped "RPLS 4466" at 1,372.08 continuing for a total distance of |
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1,406.52 feet to a found 1/2-inch iron rod with a yellow plastic cap |
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stamped "RPLS 4466" in the centerline of County Road 506 Greasy Road |
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(Lakeview Road); |
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Thence S 59°39'02" W, along the centerline of said County Road, a |
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distance of 1,015.46 feet to a found 5/8-inch iron rod with a yellow |
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plastic cap stamped "Cotton Surveying" (hereinafter referred to as |
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set iron rod) for corner; |
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Thence S 59°43'42" W, continuing along the centerline of said County |
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Road, a distance of 402.48 feet to a found railroad spike at the |
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intersection of said County Road and Cypress Road, said point being |
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the South corner of said Sunset Park Addition and the South corner |
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of this herein described tract of land; |
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Thence N 00°14'22" W, along the centerline of Cypress Road, the West |
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line of said Sunset Park Addition, a distance of 865.02 feet to a |
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found 1/2-inch iron rod for corner; |
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Thence N 59°30'57" E, passing a 1/2-inch iron rod at 37.40 at the |
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Southwest corner of the Sunset Park, Phase 2 Addition, according to |
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the plat thereof recorded in Cabinet "C", Slide 438, plat records, |
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Ellis County, Texas, continuing for a total distance of 417.09 feet |
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to a found 1/2-inch iron rod with a yellow plastic cap at the |
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Southeast Corner of said Sunset Park Phase 2 Addition and the West |
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line of said Brumbeloe tract for corner; |
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Thence N 03°03'40" E, along the East line of said Sunset Park Phase 2 |
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Addition tract and the West line of said Brumbeloe tract, a distance |
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of 103.80 feet to a found 1/2-inch iron rod; |
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Thence N 00°31'47" W, along the East line of said Sunset Park Phase 2 |
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Addition tract and the West line of said Brumbeloe tract, a distance |
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of 60.37 feet to a found 1/2-inch iron rod for corner; |
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Thence N 00°05'09" W, along the East line of said Sunset Park Phase 2 |
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Addition tract and the West line of said Brumbeloe tract, a distance |
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of 129.83 feet to a 2-inch iron pipe for corner; |
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Thence N 01°06'07" W, along the East line of said Sunset Park Phase 2 |
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Addition tract and the West line of said Brumbeloe tract, a distance |
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of 130.88 feet to a found 1-inch iron pipe for corner; |
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Thence N 01°03'32" W, along the East line of said Sunset Park Phase 2 |
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Addition tract and the West line of said Brumbeloe tract, a distance |
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of 129.92 feet to a found 1-inch iron pipe in the South line of said |
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Kilchenstein tract and Northwest corner of said Brumbeloe tract, |
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said point being Northeasterly corner of said Sunset Park Phase 2 |
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Addition; |
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Thence N 59°32'07" E, along the South line of said Kilchenstein |
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tract, a distance of 968.19 feet to the Place of Beginning and |
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having an area of 1,521,385 square feet, or 34.926 acres of land, |
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more or less. |
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TRACT 3: |
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BEING all those certain lots, tracts, or parcels of land situated in |
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the Joseph Stewart Survey, Abstract No. 961, Ellis County, Texas |
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and being those same tracts of land conveyed to PRA Prairie Ridge, |
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L.P. as recorded in Volume 2111, Page 0866, Deed Records, Ellis |
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County, Texas and being more particularly described as follows: |
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POINT OF BEGINNING at a 1/2-inch iron rod found for the west corner |
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of a tract of land conveyed to Tom Lamon, and wife, Crystal Lamon, |
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as recorded in Volume 924, Page 46, Deed Records, Ellis County, |
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Texas, said point being on the Southeast edge of County Road |
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506/Greasy Road (Lakeview Road); |
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THENCE South 31°46'30" East, along the Southwest line of said Lamon |
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tract, a distance of 609.38 feet to a 3/4-inch pipe found on the |
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North line of a tract of land conveyed to Waltmore, L.L.C. DBA |
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Lakeside Ranch (described as Tract 1), as recorded in Volume 1607, |
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Page 392, Deed Records, Ellis County, Texas, the Southwest corner |
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of said Lamon tract and an exterior ell corner of this herein |
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described tract of land; |
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THENCE South 58°10'54" West, along the Northwest line of said |
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Waltmore tract, a distance of 419.44 feet to a rod nail found for |
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the West corner of said Waltmore tract and an interior ell corner of |
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this herein described tract of land; |
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THENCE South 25°14'30" East, continuing along the Northwest line of |
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said Waltmore tract, a distance of 849.17 feet to a set 5/8-inch |
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iron rod with yellow plastic cap stamped "Cotton Surveying" |
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(hereinafter referred to as set iron rod) for corner; |
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THENCE across land described in Volume 02111, Page 0866, Deed |
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Records of Ellis County, Texas, the following course and distances: |
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Southwesterly along a curve to the right having a central angle of |
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43°44'52", a radius of 1000.00 feet, whose chord bears South |
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55°28'14" West, a chord distance of 745.13 feet, and an arc length of |
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763.54 feet to a set iron rod for corner; |
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South 77°20'40" West a distance of 437.24 feet to a set iron rod for |
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corner; |
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Westerly along a curve to the right having a central angle of |
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11°17'25", a radius of 1350.00 feet, whose chord bears South |
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82°59'23" West, a chord distance of 265.59 feet, and an arc length of |
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266.02 feet to a set iron rod for corner; |
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South 88°38'05" West a distance of 288.43 feet to a set iron rod for |
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corner; |
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South 88°38'05" West a distance of 33.98 feet to a set iron rod for |
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corner; |
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North 01°21'55" West a distance of 180.00 feet to a point for corner; |
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South 88°38'05" West a distance of 15.94 feet to a point for corner; |
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Northerly along a curve to the left having a central angle of |
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15°26'09", a radius of 231.08 feet, whose chord bears North 14°21'12" |
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West, a chord distance of 62.07 feet, and an arc length of 62.26 |
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feet to a set iron rod for corner; |
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North 22°05'57" West a distance of 73.92 feet to a set iron rod for |
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corner; |
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Northerly along a curve to the right having a central angle of |
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20°45'58", a radius of 325.00 feet, whose chord bears North 11°42'58" |
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West, a chord distance of 117.15 feet, and an arc length of 117.79 |
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feet to a set iron rod for corner; |
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North 01°19'06" West a distance of 125.01 feet to a point for corner; |
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Northerly along a curve to the right having a central angle of |
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22°31'56", a radius of 15.50 feet, whose chord bears North 09°56'52" |
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East, a chord distance of 6.06 feet, and an arc length of 6.10 feet |
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to a set iron rod for corner; |
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Northwesterly along said curve to the left having a central angle of |
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71°14'05", a radius of 50.00 feet, whose chord bears North 14°24'13" |
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West, a chord distance of 58.24 feet, and an arc length of 62.16 |
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feet to a set iron rod for corner; |
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North 01°21'55" West, a distance of 113.61 feet to a set iron rod for |
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corner; |
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THENCE North 60°04'57" East, along the Southeast line of a tract |
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described to Robert A. Willis and wife, Lonnie L. Willis, as |
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recorded in Volume 1298, Page 646, Deed Records of Ellis County, |
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Texas, a distance of 205.36 feet to a found 1/2-inch iron rod for |
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corner; |
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THENCE North 25°47'09" West, along the Northeast line of said Willis |
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tract, a distance of 450.38 feet to a found 1/2-inch iron rod for |
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the North corner of said Willis tract; |
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THENCE North 59°39'02" East, a distance of 1,650.09 feet to the |
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POINT OF BEGINNING and containing 55.967 acres of land, more or |
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less. |
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TRACT 4: |
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BEING a tract of land situated in the Joseph Stewart Survey, |
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Abstract No. 961, in Ellis County, Texas, said tract being all of a |
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called 17.119 acre tract of land described in a deed to Texas |
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Midstream Gas Services, L.L.C., recorded in Volume 2342, Page 136, |
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Deed Records, Ellis County, Texas, and being more particularly |
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described as follows: |
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BEGINNING and a 1/2-inch iron rod found in the approximate center of |
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Lakeview Drive for the most westerly corner of said 17.119 acre |
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tract, the north corner of a called 213.7845 acre tract of land |
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described in a deed to PRA Prairie Ridge, L.P., recorded in Volume |
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2111, Page 866 of said Deed Records and on the southeasterly |
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boundary of a called 198.758 acre tract described in a deed to |
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Harper Cattle Company, recorded in Volume 1205, Page 47 of said Deed |
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Records; |
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THENCE North 59 degrees 35 minutes 08 seconds East, along the |
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approximate center of Lakeview Drive, a distance of 1,186.71 feet |
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to a 1/2-inch iron rod found for the most northerly corner of said |
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17.119 acre tract and the west corner of a called 0.057 acre tract |
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described in a deed to the State of Texas, recorded in Volume 340, |
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Page 390 of said Deed Records; |
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THENCE South 29 degrees 53 minutes 02 seconds East, along the common |
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boundary between said 17.119 acre tract and said 0.057 acre tract, a |
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distance of 49.83 feet to a 1/2-inch iron rod found for an interior |
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ell corner of said 17.119 acre tract and the south corner of said |
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0.057 acre tract; |
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THENCE North 59 degrees 29 minutes 07 seconds East, continuing |
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along the common boundary between said 17.119 acre tract and said |
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0.057 acre tract, a distance of 50.09 feet to a 1/2-inch iron rod |
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found for the northerly northeast corner of said 17.119 acre tract |
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and the east corner of said 0.057 acre tract, and on the |
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southwesterly boundary of a called 10 acre tract described as Tract |
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6 in a deed to Bennett W. Cervin recorded in Volume 2001, Page 749 |
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of said Deed Records; |
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THENCE South 30 degrees 08 minutes 24 seconds East, along the common |
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boundary between said 17.119 acre tract and said 10 acre tract, a |
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distance of 559.67 feet to a 5/8-inch iron rod with cap marked |
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"PETITT - RPLS 4087" set for the most easterly corner of said 17.119 |
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acre tract and the most northerly corner of a called 461.178 acre |
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tract described in a deed to PRA Prairie Ridge Development Corp., |
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recorded in Volume 2325, Page 470 of said Deed Records; |
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THENCE South 59 degrees 35 minutes 41 seconds West, along the common |
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boundary between said 17.119 acre tract and said 461.178 acre |
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tract, a distance of 1,219.26 feet to a 1-inch iron pipe found for |
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the most easterly northeast corner of said 213.7845 acre tract, an |
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exterior ell corner of said 461.178 acre tract and the most |
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southerly corner of said 17.119 acre tract; |
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THENCE North 31 degrees 46 minutes 05 seconds West, along the common |
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boundary between said 17.119 acre tract and said 213.7845 acre |
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tract, a distance of 609.38 feet to the POINT OF BEGINNING and |
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containing 745,700 square feet, or 17.119 acres of land, more or |
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less. |
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TRACT 5: |
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BEING a part of a tract or parcel of land situated in the Joseph |
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Stewart Survey, Abstract No. 961, Ellis County, Texas and, and |
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being part of that same tract of land from Karal Kay Cannon, to PRA |
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Prairie Ridge, L.P. as recorded in Book 3500, Page 0941, Volume |
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02111, Page 0873, Volume 02111, Page 0866, official public records |
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of Johnson county, texas and Volume 02111, Page 0850, Deed Records, |
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Ellis County, Texas, and all of a tract from Chris D. Cannon and |
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Deanna G. Cannon to PRA Prairie Ridge L.P., as described in Volume |
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02111, Page 0860, Deed Records of Ellis County, Texas, and Book |
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3500, Page 0958, of the Official Public Records of Johnson County, |
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Texas, and being more particularly described as follows: |
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POINT OF BEGINNING at a found 1/2-inch iron rod in County Road 506 |
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at an intersection with the Ellis County and Johnson County limits |
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line along with the intersection of the Joseph Stewart Survey, |
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Abstract No. 961, the Joseph Steward Survey, Abstract No. 754, and |
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the John H. Working Survey, Abstract No. 897; |
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THENCE North 56°14'52" East, along County Road 506, also known as |
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Lakeview Road, a distance of 892.63 feet to a set 5/8-inch iron rod |
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with yellow plastic cap stamped "Cotton Surveying" (hereinafter |
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referred to as set iron rod) for corner; |
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THENCE North 59°39'02" East, along said road, a distance of 4140.12 |
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feet to a found 1/2-inch iron rod for corner; |
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THENCE South 25°48'57" East, leaving said road and along the west |
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line of a tract described to Robert A. Willis and wife, Lonnie |
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L. Willis in Volume 1298, Page 646, Deed Records of Ellis County |
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Texas, a distance of 448.65 feet to a found 1/2-inch iron rod for |
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corner; |
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THENCE North 60°04'57" East, along a South line of above described |
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tract, a distance of 2039 feet to a set iron rod for corner; |
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THENCE South 01°21'55" East, along a west line of a tract from |
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Richard J. Bantke and wife, Sandra Sue Bantke, to PRA Prairie Ridge |
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L.P., as described in Volume 02111, Page 0866, Deed Records of Ellis |
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County, Texas, a distance of 113.61 feet to a set iron rod for |
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corner; |
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THENCE along west line of said property, with a curve right having a |
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radius of 50.00 feet and a central angle of 71°14'05" and being |
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subtended by a chord which bears South 14°24'13" East, 58.24 feet; |
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THENCE southeasterly and southerly along said curve, a distance of |
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52.16 feet to a point of reverse curve, to a set iron rod for corner; |
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THENCE along west line of said property, with a curve left having a |
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radius of 15.50 feet and a central angle of 22°31'56" and being |
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subtended by a chord which bears South 09°56'52" West 6.06 feet; |
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THENCE southerly along said curve, a distance of 6.10 feet to a set |
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iron rod for corner; |
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THENCE South 01°19'06" East, along west line of said property, |
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tangent to said curve, a distance of 125.01 feet to a set iron rod |
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for corner; |
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THENCE along west line of said property, with a curve left having a |
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radius of 325.00 feet and a central angle of 20°45'58" and being |
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subtended by a chord which bears South 11°42'58" East, 117.15 feet; |
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THENCE southerly along said curve, along west line of said |
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property, a distance of 117.79 feet to a set iron rod for corner; |
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THENCE South 22°05'57" East, along west line of said property, |
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tangent to said curve, a distance of 73.92 feet to a point for |
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corner; |
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THENCE along west line of said property, with a curve right having a |
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radius of 231.08 feet and a central angle of 15°26'09" and being |
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subtended by a chord which bears South 14°21'12" East 62.07 feet; |
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THENCE southerly along said curve, along west line of said |
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property, a distance of 52.26 feet to a set iron rod for corner; |
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THENCE North 88°38'05" East, along south line of said property, with |
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a distance of 15.94 feet to a set iron rod for corner; |
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THENCE South 01°21'55" East, along west line of said property, a |
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distance of 180.00 feet to a set iron rod for corner; |
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THENCE North 88°38'05" East, along south line of said property, a |
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distance of 322.41 feet to the beginning of a curve tangent to said |
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line to a set iron rod for corner; |
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THENCE easterly, along south line of said property, along the curve |
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left, having a radius of 1350.00 feet and a central angle of |
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11°17'25" and being subtended by a chord which bears North 82°59'23" |
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East, 265.59 feet; |
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THENCE easterly and northeasterly a distance of 266.02 feet along |
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the said curve to a set iron rod for corner; |
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THENCE North 77°20'40" East tangent to said curve, a distance of |
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437.24 feet to the beginning of a curve tangent to said line to a set |
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iron rod for corner; |
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THENCE easterly, along south line of said property, with a curve |
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left, having a radius of 1000.00 feet and a central angle of |
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43°44'52" and being subtended by a chord which bears North 55°28'14" |
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East, 745.13 feet; |
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THENCE easterly and northeasterly a distance of 763.54 feet along |
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the said curve to a set iron rod for corner; |
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THENCE North 25°14'30" West, along east line of said property, a |
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distance of 849.17 feet to a found rod nail for corner; |
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THENCE North 58°10'54" East, along the south line of property of Tom |
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Larnon and wife, Crystal Larnon, as described in Volume 924, Page |
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0046. Deed Records of Ellis County, Texas, a distance of 419.44 |
|
feet to a found 3/4-inch pipe for corner; |
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THENCE North 59°34'27" East, along said south line, a distance of |
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1219.45 feet to a set iron rod for corner; |
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THENCE South 30°11'50" East, along the west line of the fifth and |
|
sixth tracts of Bennett W. Cervin, as described in Volume 2001, |
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Page 0749, Deed Records of Ellis County, Texas, a distance of 823.56 |
|
feet to a set iron rod for corner; |
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THENCE South 30°19'53" East, along said west line of part of the said |
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fifth tract, a distance of 335.08 feet to a set iron rod for corner; |
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THENCE South 59°31'20" West, along the north line of the first tract |
|
of Bennett W. Cervin as described in Volume 2001, Page 0749, Deed |
|
Records of Ellis County, Texas, a distance of 1739.27 feet to a |
|
found 1/2-inch iron rod for corner; |
|
THENCE South 59°35'19" West, along north line of said first tract of |
|
Bennett W. Cervin as described in Volume 2001, Page 0749, Ellis |
|
County, Texas, a distance of 5098.10 feet to a found 3/4-inch iron |
|
rod for corner; |
|
THENCE South 30°20'14" East, along the west line of the said second |
|
tract, a distance of 2453.47 feet to a set iron rod for corner; |
|
THENCE South 59°47'54" West, along a north line of tract one of |
|
Bennett W. Cervin, as described in Volume 2001, Page 0749 of the |
|
Deed Records of Ellis County, Texas, a distance of 2411.12 feet to a |
|
set iron rod for corner; |
|
THENCE South 30°12'06" East, along a west line of the said tract one, |
|
a distance of 596.60 feet to a set iron rod for corner; |
|
THENCE South 59°47'49" West, along a north line of said tract one, a |
|
distance of 1589.67 feet to a found 1/2-inch iron rod for corner; |
|
THENCE North 00°47'39" West, along the Ellis County and Johnson |
|
County limits, a distance of 5474.77 feet to the POINT OF BEGINNING |
|
and containing 461.176 acres, more or less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) The general law relating to consent by political |
|
subdivisions to the creation of districts with conservation, |
|
reclamation, and road powers and the inclusion of land in those |
|
districts has been complied with. |
|
(e) 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. (a) Section 3954.104, Special District Local |
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 3954, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 3954.104 to read as follows: |
|
Sec. 3954.104. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect September 1, 2017. |