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AN ACT
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relating to the creation of the Hunter Ranch Improvement District |
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No. 1 of Denton County, Texas; providing authority to impose an |
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assessment, impose a tax, and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3980 to read as follows: |
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CHAPTER 3980. HUNTER RANCH IMPROVEMENT DISTRICT NO. 1 OF DENTON |
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COUNTY, TEXAS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3980.0101. 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 Denton, Texas. |
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(3) "County" means Denton County, Texas. |
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(4) "Developer of property in the district" means a |
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developer of property in the district as determined by the |
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governing body of the city. |
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(5) "Director" means a board member. |
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(6) "District" means the Hunter Ranch Improvement |
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District No. 1 of Denton County, Texas. |
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(7) "Operating agreement" means an agreement that |
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provides for: |
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(A) a general description of the improvement |
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projects that may be financed by the district; and |
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(B) the terms and conditions of: |
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(i) the financing of the improvement |
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projects described by Paragraph (A); and |
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(ii) the operation of the district. |
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(8) "Project agreement" means an agreement between the |
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city and a developer of property in the district that relates to any |
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aspect of the development of property in or outside the district. |
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The governing body of the city may determine whether an agreement |
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constitutes a project agreement for purposes of this chapter. |
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Sec. 3980.0102. NATURE OF DISTRICT. The Hunter Ranch |
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Improvement District No. 1 of Denton County, Texas, is a special |
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district created under Section 59, Article XVI, Texas Constitution. |
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Sec. 3980.0103. 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. |
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(b) By creating the district and in authorizing the city, |
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the county, and other political subdivisions to contract with the |
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district, the legislature has established a program to accomplish |
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the public purposes set out in Section 52-a, Article III, Texas |
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Constitution. |
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(c) 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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(d) This chapter and the creation of the district may not be |
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interpreted to relieve the city and the county from providing the |
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level of services provided as of the effective date of the Act |
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enacting this chapter to the area in the district. The district is |
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created to supplement and not to supplant city or county services |
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provided in the district. |
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Sec. 3980.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) All land and other property included in the district will |
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benefit from the improvements and services to be provided by the |
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district under powers conferred by Sections 52 and 52-a, Article |
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III, and Section 59, Article XVI, Texas Constitution, and other |
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powers granted under this chapter. |
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(b) The district is created to serve a public use and |
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benefit. |
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(c) 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) promoting the affordability of housing; and |
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(4) developing or expanding transportation and |
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commerce. |
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(d) 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; |
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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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and |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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(e) 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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(f) 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. 3980.0105. 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 issue any type of bonds for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bonds; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3980.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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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 by the |
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city under Chapter 311, Tax Code; or |
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(2) a tax abatement reinvestment zone created by the |
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city under Chapter 312, Tax Code. |
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Sec. 3980.0107. 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. 3980.0108. CONSTRUCTION OF CHAPTER. This chapter |
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shall be liberally construed in conformity with the findings and |
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purposes stated in this chapter. |
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Sec. 3980.0109. CITY CONSENT; OPERATING AGREEMENT AND |
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PROJECT AGREEMENT REQUIRED. (a) Except as provided in Subsection |
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(c), before the district may exercise any powers under this |
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chapter: |
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(1) the city must adopt an ordinance or resolution |
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consenting to the creation of the district and to the inclusion of |
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land in the district; |
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(2) the city and the district must negotiate and |
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execute a mutually approved and accepted operating agreement; and |
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(3) the city and each developer of property in the |
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district must negotiate and execute a project agreement. |
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(b) This chapter expires December 31, 2020, if: |
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(1) the city and the district have not executed the |
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operating agreement required by Subsection (a)(2); or |
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(2) the city and each developer of property in the |
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district have not executed a project agreement as required by |
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Subsection (a)(3). |
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(c) The board has the powers necessary, convenient, or |
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desirable to negotiate and execute a mutually approved and accepted |
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operating agreement. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3980.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of directors as provided in this section. |
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(b) Five directors are elected in the manner provided by |
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Subchapter D, Chapter 49, Water Code. |
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(c) The city may appoint one additional director to the |
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board. |
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(d) Section 375.063, Local Government Code, does not apply |
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to a director appointed by the city. |
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(e) If the city exercises its right to appoint a director |
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under Subsection (c), the board consists of six directors while the |
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appointed director serves on the board. If the city does not |
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exercise its right to appoint or reappoint a director under |
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Subsection (c), the board consists of five directors. |
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(f) Except as provided by Section 3980.0204, directors |
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serve staggered four-year terms. |
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Sec. 3980.0202. QUORUM. (a) Three members of the board |
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constitute a quorum regardless of whether the board has five or six |
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members. |
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(b) A majority vote of a quorum of the board is required for |
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official action. |
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(c) For purposes of determining the requirements for a |
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quorum of the board, the following are not counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; or |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest. |
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Sec. 3980.0203. COMPENSATION. A director is entitled to |
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receive fees of office and reimbursement for actual expenses as |
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provided by Section 49.060, Water Code. Sections 375.069 and |
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375.070, Local Government Code, do not apply to the board. |
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Sec. 3980.0204. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Matt Edgemon; |
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(2) Mike Brady; |
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(3) David Davidson Jr.; |
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(4) Amanda Green; |
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(5) Alan Hoffman; and |
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(6) a temporary director appointed by the city if the |
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city appoints a temporary director under Section 3980.0201(c). |
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(b) The temporary or successor temporary directors shall |
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hold an election as provided by Section 49.102, Water Code, to elect |
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the five permanent elected directors. |
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(c) Except for a temporary director appointed by the city, |
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temporary directors serve until the earlier of: |
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(1) the date the permanent elected directors are |
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elected under Subsection (b); 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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(d) If the permanent elected directors have not been elected |
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under Subsection (b) and the terms of the temporary directors have |
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expired, successor temporary directors, other than a temporary |
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director appointed by the city, shall be appointed or reappointed |
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as provided by Subsection (e) to serve terms that expire on the |
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earlier of: |
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(1) the date the permanent elected directors are |
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elected under Subsection (b); 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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(e) If Subsection (d) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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(f) A temporary director appointed by the city serves until |
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the fourth anniversary of the effective date of the Act enacting |
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this chapter. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3980.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3980.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
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district, using any money available to the district for the |
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purpose, may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service authorized under this chapter or Chapter 375, Local |
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Government Code. |
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(b) The district may contract with a governmental or private |
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entity to carry out an action under Subsection (a). |
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(c) The implementation of a district project or service is a |
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governmental function or service for the purposes of Chapter 791, |
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Government Code. |
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Sec. 3980.0303. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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The district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3980.0304. ADDING OR EXCLUDING LAND. (a) The district |
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may add or exclude land in the manner provided by Subchapter J, |
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Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water Code. |
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(b) A district may not add or exclude land unless the city |
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consents to the addition or exclusion. |
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Sec. 3980.0305. 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 district money. |
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Sec. 3980.0306. APPROVAL BY THE CITY. (a) The district |
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must obtain the approval of the city for: |
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(1) the plans and specifications of an improvement |
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project financed by bonds, notes, or other obligations; and |
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(2) the plans and specifications of an improvement |
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project related to the use of land owned by the city, an easement |
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granted by the city, or a right-of-way of a street, road, or |
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highway. |
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(b) City approval may be by an administrative process that |
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does not involve the city's governing body, unless approval of the |
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city's governing body is required by federal, state, or local law, |
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ordinance, or regulation. |
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(c) Before issuing bonds, the district must: |
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(1) provide to the city the documents authorizing the |
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bonds; |
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(2) provide to the city a certification from each |
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developer of property in the district that the developer is in |
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compliance with the terms and conditions of the developer's project |
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agreement with the city; and |
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(3) certify that the district is in compliance with |
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the terms and conditions of the ordinance or resolution consenting |
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to the creation of the district under Section 3980.0109 and the |
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operating agreement entered into under that section. |
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(d) The city must complete the city's review of the |
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documents and certifications required by Subsection (c) not later |
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than the 30th day after the date the city receives the documents and |
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certifications. The city may object to the issuance of the bonds if |
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the city determines that: |
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(1) the district is not in compliance with the terms |
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and conditions of the ordinance or resolution consenting to the |
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creation of the district under Section 3980.0109; |
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(2) the district is not in compliance with the |
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operating agreement entered into under Section 3980.0109; or |
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(3) a developer of property in the district is not in |
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compliance with the terms and conditions of a project agreement |
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that applies to the developer. |
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(e) If the city objects to the district's issuance of bonds, |
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the district must obtain the consent of the city's governing body to |
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the issuance of the bonds. The city's governing body may not |
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unreasonably withhold consent to the issuance of bonds. |
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(f) Section 375.207, Local Government Code, does not apply |
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to the district. |
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Sec. 3980.0307. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3980.0401. PETITION REQUIRED FOR FINANCING SERVICES |
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AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owner or owners of a majority of the assessed value of real |
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property in the district subject to assessment according to the |
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most recent certified tax appraisal roll for the county. |
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Sec. 3980.0402. 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. Section 375.161, Local Government Code, does not apply |
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to an assessment imposed by the 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: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the 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. 3980.0403. IMPACT FEES PROHIBITED. The district may |
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not adopt or impose an impact fee. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3980.0501. TAX ELECTION REQUIRED. The district must |
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hold an election in the manner provided by Chapter 49, Water Code, |
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or, if applicable, Chapter 375, Local Government Code, to obtain |
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voter approval before the district may impose an ad valorem tax. |
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Sec. 3980.0502. 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 under Section 3980.0501, the district may impose an |
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operation and maintenance tax on taxable property in the district |
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in the manner provided by Section 49.107, Water Code, for any |
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district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the operation and maintenance |
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tax rate. The rate may not exceed the rate approved at the |
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election. |
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Sec. 3980.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
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terms determined by the board. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from ad valorem taxes, |
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assessments, revenue, contract payments, grants, or other district |
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money, or any combination of those sources of money, to pay for any |
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authorized district purpose. |
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(c) The principal amount of bonds issued by the district in |
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aggregate may not exceed 10 percent of the assessed value of all |
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real property in the district. |
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Sec. 3980.0504. BONDS SECURED BY REVENUE OR CONTRACT |
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PAYMENTS. The district may issue, without an election, bonds |
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secured by: |
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(1) revenue other than ad valorem taxes, including |
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contract revenues; or |
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(2) contract payments, provided that the requirements |
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of Section 49.108, Water Code, have been met. |
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Sec. 3980.0505. BONDS SECURED BY AD VALOREM TAXES; |
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ELECTIONS. (a) If authorized at an election under Section |
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3980.0501, the district may issue bonds payable from ad valorem |
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taxes. |
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(b) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(c) At the time the district issues bonds payable wholly or |
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partly from ad valorem taxes, the board shall provide for the annual |
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imposition of a continuing direct annual ad valorem tax, without |
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limit as to rate or amount, for each year that all or part of the |
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bonds are outstanding as required and in the manner provided by |
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Sections 54.601 and 54.602, Water Code. |
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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. 3980.0506. CITY NOT REQUIRED TO PAY DISTRICT |
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OBLIGATIONS. Except as provided by Section 375.263, Local |
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Government Code, the city is not required to pay a bond, note, or |
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other obligation of the district. |
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SUBCHAPTER F. DEFINED AREAS |
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Sec. 3980.0601. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
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DESIGNATED PROPERTY. The district may define areas or designate |
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certain property of the district to pay for improvements, |
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facilities, or services that primarily benefit that area or |
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property and do not generally and directly benefit the district as a |
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whole. |
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Sec. 3980.0602. PROCEDURE FOR ELECTION. (a) Before the |
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district may impose an ad valorem tax applicable only to the defined |
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area or designated property or issue bonds payable from ad valorem |
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taxes of the defined area or designated property, the board shall |
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hold an election as provided by Section 3980.0501 in the defined |
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area or designated property only. |
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(b) The board may submit the proposition to the voters on |
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the same ballot to be used in another election. |
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Sec. 3980.0603. DECLARING RESULT AND ISSUING ORDER. |
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(a) If a majority of the voters voting at the election held under |
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Section 3980.0602 approve the proposition or propositions, the |
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board shall declare the results and, by order, shall establish the |
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defined area or designated property and describe it by metes and |
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bounds or designate the specific area or property. |
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(b) The board's order is not subject to judicial review |
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except on the ground of fraud, palpable error, or arbitrary and |
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confiscatory abuse of discretion. |
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Sec. 3980.0604. TAXES FOR SERVICES, IMPROVEMENTS, AND |
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FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
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approval and adoption of the order described by Section 3980.0603, |
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the district may apply separately, differently, equitably, and |
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specifically its taxing power and lien authority to the defined |
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area or designated property to provide money to construct, |
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administer, maintain, and operate services, improvements, and |
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facilities that primarily benefit the defined area or designated |
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property. |
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Sec. 3980.0605. ISSUANCE OF BONDS FOR DEFINED AREA OR |
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DESIGNATED PROPERTY. After the order under Section 3980.0603 is |
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adopted, the district may issue bonds to provide for any land, |
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improvements, facilities, plants, equipment, and appliances for |
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the defined area or designated property. |
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SUBCHAPTER G. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
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Sec. 3980.0701. DIVISION OF DISTRICT; PREREQUISITES. The |
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district may be divided into two or more new districts only if the |
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district: |
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(1) has never issued any bonds; and |
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(2) is not imposing ad valorem taxes. |
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Sec. 3980.0702. 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. 3980.0703. LIMITATION ON AREA OF NEW DISTRICT. A new |
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district created by the division of the district may not, at the |
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time the new district is created, contain any land outside the area |
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described by Section 2 of the Act enacting this chapter. |
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Sec. 3980.0704. DIVISION PROCEDURES. (a) The board, on its |
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own motion or on receipt of a petition signed by the owner or owners |
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of a majority of the assessed value of the real property in the |
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district, may adopt an order dividing the district. |
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(b) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the new districts. |
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(c) 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 Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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Sec. 3980.0705. DIRECTORS' ELECTION FOR NEW DISTRICT. A |
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new district created by the division of the district shall hold a |
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directors' election in the manner provided by Section 3980.0201. |
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Sec. 3980.0706. TAX OR BOND ELECTION. Before a new district |
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created by the division of the district may impose an operation and |
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maintenance tax under Section 3980.0502 or issue bonds payable |
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wholly or partly from ad valorem taxes, the new district must hold |
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an election as required by this chapter to obtain voter approval. |
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Sec. 3980.0707. CITY CONSENT. (a) City consent to the |
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creation of the district and to the inclusion of land in the |
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district granted under Section 3980.0109 acts as municipal consent |
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to the creation of any new district created by the division of the |
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district and to the inclusion of land in the new district. |
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(b) A new district created by division of the district is |
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subject to the terms and conditions contained in the ordinance or |
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resolution consenting to the creation of the district under Section |
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3980.0109. |
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Sec. 3980.0708. OPERATING AGREEMENT AND PROJECT AGREEMENT. |
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(a) Except as provided by Subsection (b), before a new district |
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created by division of the district may exercise any powers under |
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this chapter: |
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(1) the new district must enter into: |
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(A) a joinder to the existing operating agreement |
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between the city and the district; or |
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(B) a separate operating agreement with the city; |
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and |
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(2) each developer of property in the new district |
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must enter into: |
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(A) a joinder to an existing project agreement |
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between the city and a developer of property in the district |
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applicable to the territory in the new district; or |
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(B) a separate project agreement with the city. |
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(b) A new district created by division of the district has |
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the powers necessary, convenient, or desirable to negotiate and |
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execute an agreement described by Subsection (a). |
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SUBCHAPTER H. DISSOLUTION |
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Sec. 3980.0801. DISSOLUTION. (a) The board shall dissolve |
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the district on written petition filed with the board by the owner |
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or owners of: |
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(1) 66 percent or more of the assessed value of the |
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property subject to assessment by the district based on the most |
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recent certified county property tax rolls; or |
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(2) 66 percent or more of the surface area of the |
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district, excluding roads, streets, highways, utility |
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rights-of-way, other public areas, and other property exempt from |
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assessment by the district according to the most recent certified |
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county property tax rolls. |
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(b) The board by majority vote may dissolve the district at |
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any time. |
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(c) The district may not be dissolved by its board under |
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Subsection (a) or (b) if the district: |
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(1) has any outstanding bonded indebtedness until that |
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bonded indebtedness has been repaid or defeased in accordance with |
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the order or resolution authorizing the issuance of the bonds; |
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(2) has a contractual obligation to pay money until |
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that obligation has been fully paid in accordance with the |
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contract; or |
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(3) owns, operates, or maintains public works, |
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facilities, or improvements unless the district contracts with |
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another person for the ownership, operation, or maintenance of the |
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public works, facilities, or improvements. |
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(d) Sections 375.261, 375.262, and 375.264, Local |
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Government Code, do not apply to the district. |
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SECTION 2. The Hunter Ranch Improvement District No. 1 of |
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Denton County, Texas, initially includes all territory contained in |
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the following area: |
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TRACT 1: |
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BEING a tract of land situated in the E. Pizano Survey, |
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Abstract Number 994, the G. Pettingale Survey, Abstract Number |
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1041, the J. Taft Survey, Abstract Number 1269, the G. West Survey, |
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Abstract Number 1393, the B.B.B. & C.R.R. CO. Survey, Abstract |
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Number 158, Denton County, Texas, and being all of the remainder of |
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that tract of land described by deed to Petrus Investment, L.P. |
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(tract 1), recorded in Instrument Number 1998-117450, and all of |
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that tract of land described by deed to Hillwood Investment Land, |
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L.P., recorded in Instrument Number 2015-146192, Real Property |
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Records, Denton County, Texas, and being more particularly |
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described by metes and bounds as follows: |
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BEGINNING at the southwest corner of said Tract 1, being in |
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the north right-of-way line of Robson Ranch Road; |
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THENCE N 00°37'44"W, 3285.00 feet, departing said north |
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right-of-way line; |
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THENCE N 00°29'34"W, 3074.88 feet; |
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THENCE S 89°50'59"W, 1215.90 feet; |
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THENCE N 00°07'16"E, 3802.59 feet; |
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THENCE N 89°46'52"E, 5806.39 feet; |
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THENCE N 01°19'45"E, 92.25 feet; |
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THENCE N 89°29'17"E, 5406.54 feet, to the approximate center |
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line of John Paine Road; |
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THENCE N 00°09'21"W, 6119.82 feet, with said approximate |
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center line; |
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THENCE N 44°00'59"E, 231.30 feet, departing said approximate |
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center line, to the south right-of-way line of FM 2449, being the |
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beginning of a curve to the right; |
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THENCE with said south right-of-way line and said curve to |
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the right, an arc distance of 215.79 feet, through a central angle |
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of 11°16'41", having a radius of 1096.28 feet, the long chord which |
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bears S 66°45'34"E, 215.44 feet; |
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THENCE S 61°07'13"E, 2320.45 feet, continuing with said south |
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right-of-way line, to the beginning of a curve to the left; |
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THENCE with said south right-of-way line and said curve to |
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the left, an arc distance of 151.20 feet, through a central angle of |
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01°29'56", having a radius of 5779.65 feet, the long chord which |
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bears S 61°52'12"E, 151.19 feet; |
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THENCE S 00°27'53"E, 1963.20 feet; |
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THENCE S 89°55'28"E, 47.53 feet, to the west right-of-way line |
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of Interstate Highway 35W; |
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THENCE with said west right-of-way line the following |
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bearings and distances: |
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S 26°18'12"W, 1542.25 feet; |
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S 32°02'34"W, 199.99 feet; |
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S 26°18'12"W, 400.06 feet; |
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S 19°10'44"W, 201.57 feet; |
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S 26°18'12"W, 2962.69 feet; |
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N 33°34'41"W, 200.24 feet; |
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N 19°12'37"W, 155.68 feet; |
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N 00°31'13"W, 111.31 feet; |
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N 30°43'14"W, 44.34 feet; |
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N 89°58'11"W, 46.00 feet; |
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S 29°23'22"W, 44.72 feet; |
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S 00°31'13"E, 210.31 feet; |
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S 10°43'27"E, 103.30 feet; |
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S 00°31'13"E, 118.88 feet; |
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S 33°43'52"E, 270.79 feet; |
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S 26°18'12"W, 2560.86 feet; |
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S 27°54'47"W, 605.73 feet; |
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S 29°23'19"W, 2716.37 feet; |
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S 35°04'08"W, 202.07 feet; |
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S 29°23'19"W, 899.62 feet; |
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S 32°15'04"W, 144.34 feet; |
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S 89°59'41"W, 56.40 feet; |
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S 00°37'05"E, 92.68 feet; |
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S 29°23'19"W, 749.32 feet; |
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S 32°50'37"W, 497.80 feet; |
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S 29°18'00"W, 128.98 feet; |
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S 29°23'18"W, 922.23 feet; |
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THENCE S 65°32'46"W, 23.56 feet, to the north right-of-way |
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line of Robson Ranch Road; |
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THENCE with said north right-of-way line the following |
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bearings and distances: |
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S 89°52'13"W, 246.95 feet; |
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N 00°19'14"W, 5.20 feet; |
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S 89°53'26"W, 290.34 feet; |
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S 00°06'34"E, 5.00 feet; |
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S 89°53'26"W, 200.00 feet; |
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S 00°06'34"E, 5.00 feet; |
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S 89°53'26"W, 600.00 feet; |
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S 00°06'34"E, 5.00 feet; |
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THENCE S 89°53'26"W, 4134.86 feet to the Point of Beginning |
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and containing 102,688,371 square feet or 2357.40 acres of land |
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more or less. |
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TRACT 2: |
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BEING a tract of land situated in the B.B.B. & C.R.R. Co. |
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Survey, Abstract Number 158, the J. Taft Survey, Abstract Number |
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1269, the B.B.B & C.R.R. Co. Survey, Abstract Number 159, the G. |
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Pettingale Survey, Abstract Number 1041, the B.B.B. & C.R.R. Co. |
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Survey, Abstract Number 160, the S. Pritchett Survey, Abstract |
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Number 1021 and the G. West Survey, Abstract Number 1393, Denton |
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County, Texas, and being the remainder of that tract of land |
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described by deed to Petrus investment, L.P., recorded in |
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Instrument Number 1998-117450, Real Property Records, Denton |
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County, Texas and being more particularly described by metes and |
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bounds as follows: |
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BEGINNING at the intersection of the of John Paine Road and |
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Johnson Lane; |
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THENCE S 00°30'43"E, 3045.50 feet, with the approximate |
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centerline of said John Paine Road, to the beginning of a curve to |
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the left; |
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THENCE with said approximate centerline and said curve to the |
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left, an arc distance of 179.75 feet, through a central angle of |
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19°11'48", having a radius of 536.50 feet, the long chord which |
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bears S 09°24'16"W, 178.91 feet; |
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THENCE S 00°13'45"E, 426.23 feet, with said approximate |
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centerline; |
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THENCE S 89°53'42"W, 2258.03 feet, departing said approximate |
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centerline; |
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THENCE N 00°26'28"E, 497.90 feet; |
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THENCE S 89°59'41"W, 273.92 feet, to the east right-of-way |
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line of Interstate Highway 35W; |
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THENCE with said east right-of-way line the following |
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bearings and distances: |
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N 29°23'19"E, 847.04 feet; |
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N 23°44'25"E, 203.21 feet; |
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N 29°23'16"E, 2716.06 feet; |
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N 27°54'47"E, 621.79 feet; |
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N 26°18'12"E, 2150.05 feet; |
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N 89°55'52"E, 470.07 feet; |
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S 76°13'57"E, 71.47 feet; |
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N 89°37'20"E, 80.00 feet; |
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N 71°38'56"E, 52.97 feet; |
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N 16°39'41"E, 51.30 feet; |
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N 70°04'44"W, 229.45 feet; |
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N 54°35'05"W, 163.69 feet; |
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N 33°40'57"W, 209.99 feet; |
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N 26°18'12"E, 3164.78 feet; |
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N 36°14'02"E, 202.95 feet; |
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N 26°18'12"E, 399.25 feet; |
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N 32°45'23"E, 400.40 feet; |
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N 26°18'12"E, 399.87 feet; |
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N 14°58'58"E, 305.66 feet; |
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N 26°18'12"E, 833.31 feet; |
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THENCE N 89°32'14"E, 1998.29 feet, departing said east |
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right-of-way line; |
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THENCE S 00°48'03"E, 5473.72 feet, to the approximate |
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centerline of Allred Road; |
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THENCE S 89°49'27"W, 3048.35 feet, with said approximate |
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centerline; |
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THENCE S 00°27'04"E, 2640.07 feet, departing said approximate |
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centerline; |
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THENCE S 89°59'08"W, 2353.13 feet to the Point of Beginning |
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and containing 31,246,880 square feet or 717.33 acres of land more |
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or less. |
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TRACT 3: |
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BEING a tract of land situated in the S. Pritchett Survey, |
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Abstract Number 1004, the G. West Survey, Abstract Number 1393, the |
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C.W. Byerly Survey, Abstract Number 1458, and the J. Dalton Survey, |
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Abstract Number 353, Denton County, Texas, and being all of the |
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remainder of that tract of land described by deed to Petrus |
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Investment, L.P., (tract 3) recorded in Instrument Number |
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1998-117450, Real Property Records, Denton County, Texas, and being |
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more particularly described by metes and bounds as follows: |
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BEGINNING at an ell corner in the east line of said tract 3, |
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being the northwest corner of that tract of land described by deed |
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to Southwest Denton Venture, recorded in Instrument Number |
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1994-94865, said Real Property Records; |
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THENCE S 00°26'39"E, 996.99 feet, with the east line of said |
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tract 3, to the north right-of-way line of FM 2449, being the |
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beginning of a curve to the right; |
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THENCE with said north right-of-way line and said curve to |
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the right, an arc distance of 95.22 feet, through a central angle of |
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00°57'38", having a radius of 5679.65 feet, the long chord which |
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bears N 61°36'02"W, 95.22 feet; |
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THENCE N 61°07'13"W, 2320.45 feet, with said north |
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right-of-way line; |
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THENCE N 00°16'51"W, 99.92 feet, to the approximate |
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centerline of Underwood Road; |
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THENCE N 89°44'37"E, 986.31 feet, with said approximate |
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centerline; |
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THENCE N 01°13'53"E, 1106.15 feet, continuing with said |
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approximate centerline, to the southwest corner of that tract of |
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land described by deed to W.C. Lynch, recorded in Instrument Number |
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1991-23744, said Real Property Records; |
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THENCE S 89°48'49"E, 1847.04 feet, with the south line of said |
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Lynch tract; |
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THENCE S 00°25'26"E, 427.73 feet, departing said south line, |
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to the approximate centerline of Hickory Creek; |
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THENCE with the approximate centerline of Hickory Creek the |
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following bearings and distances: |
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S 40°20'08"E, 256.75 feet; |
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S 49°08'35"E, 333.56 feet; |
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S 44°58'00"E, 94.76 feet; |
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S 24°00'36"E, 123.31 feet; |
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S 05°41'36"W, 211.41 feet; |
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THENCE S 02°18'34"E, 131.60 feet, to the north line of the |
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aforementioned Southwest Denton JV tract; |
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THENCE S 89°32'45"W, 1271.86 feet, departing said Hickory |
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Creek, to the Point of Beginning and containing 4,050,704 square |
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feet or 92.99 acres of land more or less. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act have been |
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fulfilled and accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4683 was passed by the House on May 7, |
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2019, by the following vote: Yeas 130, Nays 16, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4683 was passed by the Senate on May |
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22, 2019, by the following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |