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AN ACT
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relating to the creation of the Cole Ranch Improvement District No. |
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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 3981 to read as follows: |
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CHAPTER 3981. COLE 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. 3981.0101. 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 Cole 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. 3981.0102. NATURE OF DISTRICT. The Cole 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. 3981.0103. 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. 3981.0104. 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. 3981.0105. 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. 3981.0106. 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. 3981.0107. 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. 3981.0108. 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. 3981.0109. 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. 3981.0201. 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 3981.0204, directors |
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serve staggered four-year terms. |
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Sec. 3981.0202. 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. 3981.0203. 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. 3981.0204. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Byron Campbell; |
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(2) Ryan Miller; |
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(3) Shawn Street; |
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(4) Russell Hickey; |
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(5) Warren Threadgill; 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 3981.0201(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. 3981.0301. 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. 3981.0302. 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. 3981.0303. 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. 3981.0304. 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. 3981.0305. 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. 3981.0306. 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 3981.0109 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 3981.0109; |
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(2) the district is not in compliance with the |
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operating agreement entered into under Section 3981.0109; 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. 3981.0307. 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. 3981.0401. 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. 3981.0402. 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. 3981.0403. 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. 3981.0501. 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. 3981.0502. 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 3981.0501, 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. 3981.0503. 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. 3981.0504. 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. 3981.0505. BONDS SECURED BY AD VALOREM TAXES; |
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ELECTIONS. (a) If authorized at an election under Section |
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3981.0501, 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. 3981.0506. 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. 3981.0601. 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. 3981.0602. 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 3981.0501 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. 3981.0603. 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 3981.0602 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. 3981.0604. 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 3981.0603, |
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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. 3981.0605. ISSUANCE OF BONDS FOR DEFINED AREA OR |
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DESIGNATED PROPERTY. After the order under Section 3981.0603 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. 3981.0701. 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. 3981.0702. 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. 3981.0703. 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. 3981.0704. 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. 3981.0705. 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 3981.0201. |
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Sec. 3981.0706. 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 3981.0502 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. 3981.0707. 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 3981.0109 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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3981.0109. |
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Sec. 3981.0708. OPERATING AGREEMENT AND PROJECT AGREEMENT. |
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(a) Except as provided by Subsection (b), before a new district |
|
created by division of the district may exercise any powers under |
|
this chapter: |
|
(1) the new district must enter into: |
|
(A) a joinder to the existing operating agreement |
|
between the city and the district; or |
|
(B) a separate operating agreement with the city; |
|
and |
|
(2) each developer of property in the new district |
|
must enter into: |
|
(A) a joinder to an existing project agreement |
|
between the city and a developer of property in the district |
|
applicable to the territory in the new district; or |
|
(B) a separate project agreement with the city. |
|
(b) A new district created by division of the district has |
|
the powers necessary, convenient, or desirable to negotiate and |
|
execute an agreement described by Subsection (a). |
|
SUBCHAPTER H. DISSOLUTION |
|
Sec. 3981.0801. DISSOLUTION. (a) The board shall dissolve |
|
the district on written petition filed with the board by the owner |
|
or owners of: |
|
(1) 66 percent or more of the assessed value of the |
|
property subject to assessment by the district based on the most |
|
recent certified county property tax rolls; or |
|
(2) 66 percent or more of the surface area of the |
|
district, excluding roads, streets, highways, utility |
|
rights-of-way, other public areas, and other property exempt from |
|
assessment by the district according to the most recent certified |
|
county property tax rolls. |
|
(b) The board by majority vote may dissolve the district at |
|
any time. |
|
(c) The district may not be dissolved by its board under |
|
Subsection (a) or (b) if the district: |
|
(1) has any outstanding bonded indebtedness until that |
|
bonded indebtedness has been repaid or defeased in accordance with |
|
the order or resolution authorizing the issuance of the bonds; |
|
(2) has a contractual obligation to pay money until |
|
that obligation has been fully paid in accordance with the |
|
contract; or |
|
(3) owns, operates, or maintains public works, |
|
facilities, or improvements unless the district contracts with |
|
another person for the ownership, operation, or maintenance of the |
|
public works, facilities, or improvements. |
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(d) Sections 375.261, 375.262, and 375.264, Local |
|
Government Code, do not apply to the district. |
|
SECTION 2. The Cole Ranch Improvement District No. 1 of |
|
Denton County, Texas, initially includes all territory contained in |
|
the following area: |
|
TRACT 1 (North Tract): |
|
SITUATED in Denton County, Texas in the J. W. Kjellberg |
|
Survey, Abstract No. 1610, the James McDonald Survey, Abstract |
|
No. 873, the I.W. Byerly Survey, Abstract No. 1458, the J. Dalton |
|
Survey, Abstract No. 353, the J. A. Burn Survey, Abstract No. 132, |
|
the T. & P. R. R., Abstract No. 1292, the A. C. Madden Survey, |
|
Abstract No. 851, the I. N. Hembree Survey, Abstract No. 594, the |
|
J. Bacon Survey, Abstract No. 1540, the Wm. Neill Survey, Abstract |
|
No. 970, the B. B. B. & C.R.R. Co. Survey, Abstract No. 176, the T. |
|
E. Carruth Survey, Abstract 1707, being a Survey of part of the |
|
562.8 acre "First tract", a Survey of the 798.2 acre "Second Tract", |
|
a Survey of part of the 640 acre "Third Tract" described in a deed |
|
from T. E. Carruth, et al to M. T. Cole, dated December 22, 1931, |
|
recorded in Volume 238, Page 410, a Survey of part of the 415 acre |
|
tract described in a deed from Rudy Copeland and wife, Mary A. |
|
Copeland to M. T. Cole, dated September 26, 1933, recorded in Volume |
|
243, Page 572, both deeds of the Denton County Deed Records, being |
|
described by metes and bounds as follows: |
|
BEGINNING at an 1/2-inch iron pin found at the Northwest |
|
corner of said 798.2 acre tract in the center of Tom Cole Road |
|
(East-West asphalt road) and C. Wolfe Road (rock road) from the |
|
South; |
|
THENCE South 88 degrees 55 minutes 44 seconds East, generally |
|
with the center of said Tom Cole Road, 4685.36 feet to an "x" cut in |
|
a concrete bridge; |
|
THENCE North 89 degrees 43 minutes 13 seconds East, generally |
|
with the center of said Tom Cole Road, 2521.29 feet to a 3/4-inch |
|
iron pin set in place of a nail found at the Northeast corner of said |
|
798.2 acre tract; |
|
THENCE South 00 degrees 23 minutes 40 seconds West, with the |
|
East line of said 798.2 acre tract and generally near an old fence, |
|
1865.00 feet to an 1/2-inch iron pin set by a corner post at the |
|
East-Southeast corner of said 798.2 acre tract; same being in the |
|
North line of said 640 acre tract; |
|
THENCE South 88 degrees 52 minutes 00 seconds East, with the |
|
North line of said 640 acre tract and generally near an old fence, |
|
1616.90 feet to an 1/2-inch iron pin set near a corner post at the |
|
Northwest corner of the 24.73 acre "Tract One" recorded in Volume |
|
871, Page 137; |
|
THENCE South 01 degree 07 minutes 58 seconds West, with the |
|
West line of said 24.73 acre tract and generally near a fence, |
|
950.05 feet to an 1/2-inch iron pin found at the West-Southwest |
|
corner of said 24.73 acre tract; |
|
THENCE South 88 degrees 58 minutes 35 seconds East, with a |
|
South line of said 24.73 acre tract, 144.97 feet to an 1/2-inch iron |
|
pin found at an inside corner of said 24.73 acre tract; |
|
THENCE South 01 degree 05 minutes 17 seconds West, with a West |
|
line of said 24.73 acre tract and with the West line of the 13.89 |
|
acre "Tract Two" in said Volume 871, Page 137, 699.86 feet to an |
|
1/2-inch iron pin found at the Southwest corner of said 13.89 acre |
|
tract; same being the Northwest corner of the 31.107 acre tract |
|
recorded in Clerk's File No. 94-71013; |
|
THENCE South 09 degrees 20 minutes 01 second West, with the |
|
West line of said 31.107 acre tract, 1010.79 feet to an 1/2-inch |
|
iron pin found at the Southwest corner of said 31.107 acre tract; |
|
THENCE South 88 degrees 53 minutes 58 seconds East, with the |
|
South line of said 31.107 acre tract, 1499.78 feet to an 1/2-inch |
|
iron pin found at the Southeast corner of said 31.107 acre tract; |
|
THENCE North 07 degrees 10 minutes 06 seconds West, with the |
|
East line of said 31.107 acre tract, 1009.80 feet to an 1/2-inch |
|
iron pin found at the Northeast corner of said 31.107 acre tract; |
|
same being the Southeast corner of said 13.89 acre tract; |
|
THENCE North 01 degree 06 minutes 57 seconds East, with the |
|
East line of said 13.89 acre tract and an East line of said 24.73 |
|
acre tract 699.98 feet to an 1/2-inch iron pin found at an inside |
|
corner of said 24.73 acre tract; |
|
THENCE South 88 degrees 52 minutes 57 seconds East, with a |
|
South line of said 24.73 acre tract, 144.76 feet to an 1/2-inch iron |
|
pin found at the East-Southeast corner of said 24.73 acre tract; |
|
THENCE North 01 degree 04 minutes 51 seconds East, with the |
|
East line of said 24.73 acre tract, 629.19 feet to an 1/2-inch iron |
|
pin found at the Northeast corner of said 24.73 acre tract; |
|
THENCE North 89 degrees 25 minutes 26 seconds East, with the |
|
South line of the Southeast Airport Addition recorded in Volume G, |
|
Page 295 of the Denton County Plat Records, 1534.00 feet to an |
|
1/2-inch iron pin found at the Southeast corner of said Airport |
|
Addition, in the center of Westcourt Road (North-South asphalt |
|
road); |
|
THENCE South 00 degrees 38 minutes 25 seconds West, with an |
|
East line of said 415 acre tract and generally with the center of |
|
said Westcourt Road, 1150.78 feet to a 5/8-inch iron pin found at an |
|
inside corner of said 415 acre tract; |
|
THENCE North 89 degrees 48 minutes 14 seconds East, generally |
|
along Spring Side Road, 870.00 feet to an 1/2-inch iron pin found at |
|
the Northwest corner of the 10 acre tract recorded in Volume 971, |
|
Page 251; |
|
THENCE southerly along the East side of Underwood Road |
|
(North-South asphalt road) as follows: |
|
South 00 degrees 11 minutes 34 seconds East, 646.53 feet to a |
|
5-inch pipe corner post; |
|
South 00 degrees 48 minutes 00 seconds East, generally near a |
|
fence for part of the way, 645.16 feet to a 5-inch pipe corner post; |
|
South 00 degrees 41 minutes 32 seconds East, 547.42 feet to a |
|
5/8-inch iron pin found at the North-Northwest corner of the 76.768 |
|
acre tract recorded in Volume 1166, Page 235; |
|
South 00 degrees 00 minutes 11 seconds West, with a West line |
|
of said 76.768 acre tract and generally near a wood fence for part |
|
of the way, 344.00 feet to an 1/2-inch iron pin set at an inside |
|
corner of said 76.768 acre tract; |
|
THENCE South 89 degrees 58 minutes 11 seconds West, with a |
|
North line of said 76.768 acre tract and crossing said Underwood |
|
Road, 125.00 feet to an 1/2-inch iron pin set at the West-Northwest |
|
corner of said 76.768 acre tract; |
|
THENCE South 00 degrees 15 minutes 42 seconds East, with the |
|
West line of said 76.768 acre tract and on the West side of said |
|
Underwood Road, passing the Southwest corner of said 76.768 acre |
|
tract and continuing in all, 1561.35 feet to an 1/2-inch iron pin |
|
found near said Underwood Road; same being the North-Northwest |
|
corner of the 96.85 acre tract recorded in Clerk's File |
|
No. 98-117450; |
|
THENCE South 01 degree 54 minutes 54 seconds West, with a West |
|
line of said 96.85 acre tract and generally with said Underwood |
|
Road, 1205.51 feet to an one inch iron pin found at the an inside |
|
corner of said 96.85 acre tract; same being the Southeast corner of |
|
said 415 acre tract; same being where said road turns West; |
|
THENCE North 89 degrees 27 minutes 33 seconds West, with the |
|
South line of said 415 acre tract and generally with the center of |
|
said Underwood Road, 1362.76 feet to an 1/2-inch iron pin set at the |
|
East-Southeast corner of the 18.726 acre "Tract II" recorded in |
|
Volume 489, Page 551 of the right-of-way of Farm Road No. 2449; |
|
THENCE North 00 degrees 28 minutes 37 seconds East, with the |
|
East line of said 18.726 acre tract and the right-of-way line of |
|
said Farm Road No. 2449, 45.00 feet to an 1/2-inch iron pin set at |
|
the Northeast corner of said 18.726 acre tract; |
|
THENCE with the North line of said 18.726 acre tract, the |
|
North right-of-way line of said Farm Road No. 2449 and generally |
|
near a fence as follows: |
|
North 89 degrees 31 minutes 23 seconds West, 2944.75 feet to |
|
an 1/2-inch iron pin set; |
|
South 89 degrees 46 minutes 37 seconds West, 7200.01 feet to |
|
an 1/2-inch iron pin set; |
|
North 84 degrees 30 minutes 45 seconds West, 100.50 feet to an |
|
1/2-inch iron pin set; |
|
South 89 degrees 46 minutes 37 seconds West, 200.00 feet to an |
|
1/2-inch iron pin set; |
|
South 84 degrees 03 minutes 59 seconds West, 100.50 feet to an |
|
1/2-inch iron pin set; |
|
South 89 degrees 46 minutes 37 seconds West, 678.22 feet to an |
|
1/2-inch iron pin set; |
|
North 44 degrees 49 minutes 38 seconds West, 39.98 feet to an |
|
1/2-inch iron pin set at the Northwest corner of said 18.726 acre |
|
tract; same being in the East line of said C. Wolfe Road; |
|
THENCE North 00 degrees 30 minutes 56 seconds East, with the |
|
East line of said C. Wolfe Road and generally near a fence, 1353.53 |
|
feet to an 1/2-inch iron pin set; |
|
THENCE North 89 degrees 32 minutes 13 seconds West, 17.14 |
|
feet to an 1/2-inch iron pin set in the center of said C. Wolfe Road, |
|
in the West line of said 798.2 acre tract; |
|
THENCE North 00 degrees 32 minutes 15 seconds East, with the |
|
West line of said 798.2 acre tract and generally with the center of |
|
said C. Wolfe Road, 6972.35 feet to the PLACE OF BEGINNING and |
|
containing 2049.00 acres. |
|
TRACT 2 (South Tract): |
|
SITUATED in Denton County, Texas in the S. Paine Survey, |
|
Abstract No. 1035, the M. Paine Survey, Abstract No. 1036, the |
|
George West Survey, Abstract No. 1393, the B. B. B. & C.R.R. Co. |
|
Survey, Abstract No. 176, the E.N. Oliver Survey, Abstract No. 989, |
|
the J. T. Evans Survey, Abstract No. 411, the C. Manchaca Survey, |
|
Abstract No. 789, the G. W. Pettingale Survey, Abstract No. 1041, |
|
the J. W. Kjellberg Survey, Abstract No. 1610, being a Survey of |
|
part of 1.086 acre tract described in a deed from Maurine P. Myers, |
|
et al to M. T. Cole Trust NO. 1, recorded in Volume 1018, Page 453, |
|
being a Survey of part of the 562.8 acre "First tract" described in |
|
a deed from T. E. Carruth, et al to M. T. Cole, dated December 22, |
|
1931, recorded in Volume 238, Page 410, a Survey of the 640 acre |
|
tract described in a Deed from T. E. Carruth, et al to M. T. Cole, |
|
dated January 4, 1935, recorded in Volume 250, Page 121, a Survey of |
|
the 429-3/4 acre tract described in a deed from T. E. Carruth, et al |
|
to M. T. Cole, dated March 28, 1936, recorded in Volume 256, Page |
|
285, all Deeds of the Denton County Deed Records, being described by |
|
metes and bounds as follows: |
|
BEGINNING at an 1/2-inch iron pin set in a broke off Bois |
|
d'arc corner post at the Southwest corner of said 640 acre tract; |
|
same being in the East line of the 320.350 acre tract recorded in |
|
Clerk's File No. 99-67258; |
|
THENCE North 00 degrees 35 minutes 15 seconds East, with the |
|
East line of said 320.350 acre tract and generally near a fence, |
|
3057.12 feet to a 5/8-inch iron pin found at the Northeast corner of |
|
said 320.350 acre tract; |
|
THENCE North 89 degrees 23 minutes 04 seconds West, with the |
|
North line of said 320.350 acre tract, 153.52 feet to an 1/2-inch |
|
iron pin set in the West line of said 1.086 acre tract; same being on |
|
the East side of H. Lively Road (rock road); |
|
THENCE northerly with the East side of said H. Lively Road, |
|
with the West line of said 1.086 acre tract and generally near a |
|
fence as follows: |
|
North 49 degrees 11 minutes 19 seconds East, 31.80 feet to an |
|
1/2-inch iron pin set; |
|
North 06 degrees 29 minutes 42 seconds East, 103.71 feet to an |
|
1/2-inch iron pin set; |
|
North 07 degrees 48 minutes 12 seconds East, 90.24 feet to an |
|
1/2-inch iron pin set; |
|
North 19 degrees 36 minutes 29 seconds East, 83.19 feet to an |
|
1/2-inch iron pin set; |
|
North 17 degrees 17 minutes 59 seconds East, 221.61 feet to an |
|
1/2-inch iron pin set at the Northwest corner of said 1.086 acre |
|
tract; |
|
THENCE South 89 degrees 52 minutes 01 second East, with the |
|
North line of said 1.086 acre tract, 17.07 feet to an 1/2-inch iron |
|
pin found at the Northeast corner of said 1.086 acre tract; same |
|
being in the East line of the 160.939 acre tract recorded in Volume |
|
1300, Page 933; |
|
THENCE northerly with the East line of said 160.939 acre |
|
tract, the East side of said H. Lively Road and generally near a |
|
fence as follows: |
|
North 00 degrees 48 minutes 45 seconds East, 72.34 feet to an |
|
1/2-inch iron pin found; |
|
North 00 degrees 23 minutes 31 seconds East, 2695.55 feet to |
|
an 1/2-inch iron pin set in the South right-of-way line of Farm Road |
|
No. 2449; |
|
THENCE easterly with the South right-of-way line of said Farm |
|
Road No. 2449 and generally near a fence as follows: |
|
North 45 degrees 10 minutes 52 seconds East, 41.58 feet to an |
|
1/2-inch iron pin set; |
|
North 89 degrees 46 minutes 37 seconds East, 679.48 feet to an |
|
1/2-inch iron pin set; |
|
South 84 degrees 30 minutes 45 seconds East, 100.50 feet to an |
|
1/2-inch iron pin set; |
|
North 89 degrees 46 minutes 37 seconds East, 200.00 feet to an |
|
60d nail set in top of a wood right-of-way marker; |
|
North 84 degrees 03 minutes 59 seconds East, 100.50 feet to an |
|
1/2-inch iron pin set; |
|
North 89 degrees 46 minutes 37 seconds East, 1462.48 feet to |
|
an 1/2-inch iron pin found at the Northwest corner of the 18.28 acre |
|
tract recorded in Volume 5, Page 709 of the Lis Pendens records of |
|
Denton County, Texas |
|
THENCE South 00 degrees 16 minutes 13 seconds East, with an |
|
West line of said 18.28 acre tract and generally near a fence 711.07 |
|
feet to an 1/2-inch iron pin found by a corner post at the Southwest |
|
corner of said 18.28 acre tract; |
|
THENCE North 89 degrees 45 minutes 23 seconds East, with the |
|
South line of said 18.28 acre tract and generally near a fence, |
|
1119.68 feet to an 1/2-inch iron pin found by a corner post at the |
|
Southeast corner of said 18.28 acre tract; |
|
THENCE North 00 degrees 12 minutes 56 seconds West, with the |
|
East line of said 18.28 acre tract and generally near a fence, |
|
710.67 feet to an 1/2-inch iron pin set at the Northeast corner of |
|
said 18.28 acre tract, in the South right-of-way line of said Farm |
|
Road No. 2449; |
|
THENCE North 89 degrees 46 minutes 37 seconds East, with the |
|
North right-of-way line of said Farm Road No. 2449 and generally |
|
near a fence, 4616.62 feet to an 1/2-inch iron pin set in an East |
|
line of said 562.8 acre tract; |
|
THENCE South 00 degrees 09 minutes 33 seconds West, with an |
|
East line of said 562.8 acre tract and generally with the center of |
|
a rock road 1652.60 feet to an 1/2-inch iron pin set at the |
|
South-Southeast corner of said 562.8 acre tract, where said road |
|
turns to the West; |
|
THENCE North 89 degrees 28 minutes 35 seconds West, with the |
|
South line of said 562.8 acre tract and generally with the center of |
|
said rock road, 254.68 feet to an 1/2-inch iron pin set in place of a |
|
60d nail found at the North-Northeast corner of said 429-3/4 acre |
|
tract; |
|
THENCE South 00 degrees 24 minutes 30 seconds West, with an |
|
East line of said 429-3/4 acre tract and generally near an old |
|
fence, 2169.07 feet to a Bois d'arc corner post found at the inside |
|
corner of said 429-3/4 acre tract; |
|
THENCE South 89 degrees 56 minutes 06 seconds East, with a |
|
North line of said 429-3/4 acre tract and generally near the |
|
evidence of an old fence, passing an 1/2-inch iron pin set by a |
|
corner post at 3125.59 feet and continuing in all, 3151.06 feet to a |
|
point on the West edge of John Paine Road (North-South rock road); |
|
same being in a West line of the 2329.49 acre tract recorded in |
|
Clerk's File No. 98-117450; |
|
THENCE South 00 degrees 33 minutes 24 seconds West, with a |
|
West line of said 2329.49 acre tract and with the West edge of said |
|
John Paine Road, 2545.07 feet to an 1/2-inch iron pin found at the |
|
Southeast corner of said 429-3/4 acre tract and an inside corner of |
|
said 2329.49 acre tract; |
|
THENCE North 89 degrees 47 minutes 59 seconds West, with the |
|
South line of said 429-3/4 acre tract, a North line of said 2329.49 |
|
acre tract and generally near an old fence, 5406.60 feet to a Bois |
|
d'arc corner post found at the Southwest corner of said 429-3/4 acre |
|
tract and a Northwest corner of said 2329.49 acre tract; |
|
THENCE South 01 degree 59 minutes 48 seconds West, with a West |
|
line of said 2329.49 acre tract and generally near a fence, 92.25 |
|
feet to a Bois d'arc corner post found at an inside corner of said |
|
2329.49 acre tract and the Southeast corner of said 640 acre tract; |
|
an one inch iron pipe found bears South 87 degrees 45 minutes 56 |
|
seconds East, 3.46 feet; |
|
THENCE North 89 degrees 30 minutes 24 seconds West, with the |
|
South line of said 640 acre tract, a North line of said 2329.49 acre |
|
tract and generally near an old fence for most of the way, 5806.65 |
|
feet to the PLACE OF BEGINNING and containing 1357.12 acres. |
|
SAVE AND EXCEPT THE FOLLOWING TRACTS OF LAND: |
|
Except Tract 1: |
|
22.18748 acres of land situated in Denton County, Texas, in |
|
the George West Survey, Abstract No. 1393 and the G.W. Pettingale |
|
Survey, Abstract No. 1041, being more particularly described in |
|
that certain Special Warranty Deed from SLF II Cole Property, L.P. |
|
to Corporation of the Episcopal Diocese of Dallas dated to be |
|
effective as of February 29, 2008 and recorded on March 4, 2008 as |
|
Instrument No. 2008-22241 in the Real Property Records of Denton |
|
County, Texas. |
|
Except Tract 2: |
|
184.812 acres of land situated in Denton County, Texas, in |
|
the William Neill Survey, Abstract No. 970, the John Bacon Survey, |
|
Abstract No. 1540, the Isaac N. Hambree Survey, Abstract No. 594, |
|
the Jeremiah Dalton Survey, Abstract No. 353 and the J.W. Kjellberg |
|
Survey, Abstract No. 1610, being more particularly described in |
|
that certain Special Warranty Deed from SLF II Cole Property, L.P. |
|
to Aldi (Texas) L.L.C. dated to be effective as of May 8, 2008 and |
|
recorded on May 8, 2008 as Instrument No. 2008-50360 in the Real |
|
Property Records of Denton County, Texas. |
|
Except Tract 3: |
|
0.247 acre of land situated in Denton County, Texas, in the |
|
Jeremiah Dalton Survey, Abstract No. 353, being more particularly |
|
described in that certain Donation Deed from SLF II Cole Property, |
|
L.P. to Denton County, Texas dated to be effective as of September |
|
1, 2010 and recorded on October 26, 2010 as Instrument |
|
No. 2010-107113 in the Real Property Records of Denton County, |
|
Texas, and recorded again on July 25, 2011 as Instrument |
|
No. 2011-68617 in the Real Property Records of Denton County, |
|
Texas. |
|
Except Tract 4: |
|
29.444 acres of land, situated in the J. McDonald Survey, |
|
A-873, Denton County, Texas, and being more particularly described |
|
in that certain Special Warranty Deed from SLF II Cole Property, |
|
L.P. to the City of Denton, Texas dated to be effective as of |
|
December 27, 2016 and recorded on December 29, 2016 as Instrument |
|
No. 163835 in the Real Property Records of Denton County, Texas. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act have been |
|
fulfilled and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2019. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4693 was passed by the House on May |
|
10, 2019, by the following vote: Yeas 122, Nays 19, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 4693 was passed by the Senate on May |
|
22, 2019, by the following vote: Yeas 28, Nays 3. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |