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AN ACT
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relating to the creation of certain municipal utility districts; |
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granting a limited power of eminent domain; providing authority to |
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issue bonds; providing authority to impose assessments, fees, and |
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taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Subtitle F, Title 6, Special District Local |
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Laws Code, is amended by adding Chapter 7907A to read as follows: |
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CHAPTER 7907A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. |
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232 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7907A.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Fort Bend County Municipal |
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Utility District No. 232. |
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Sec. 7907A.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7907A.0103. CONFIRMATION AND DIRECTOR ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 7907A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7907A.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 7907A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7907A.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 1(b) of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 1(b) |
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of the Act enacting this chapter form a closure. A mistake made in |
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the field notes or in copying the field notes in the legislative |
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process 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 bond 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 a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7907A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 7907A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7907A.0202. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7907A.0103; or |
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(2) the fourth anniversary of the effective date of |
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the section enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7907A.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7907A.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7907A.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. 7907A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7907A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 7907A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7907A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7907A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section |
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7907A.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7907A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7907A.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7907A.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7907A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7907A.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7907A.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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(b) The Fort Bend County Municipal Utility District No. 232 |
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initially includes all the territory contained in the following |
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area: |
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Being a 100.5 acre tract of land located in the R.H. Earnest |
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Survey, A-388, said 100.5 acre tract being all of a called 100.5 |
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acre tract of land conveyed to Jason Noah and Benjamin Adam Danziger |
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in Clerk’s File No. 2012117049 of the Official Public Records of |
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Fort Bend County, Texas (O.R.F.B.C.); said 100.5 acre tract being |
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more particularly described by metes and bounds as follows: (All |
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bearings reference to the Texas State Plane Coordinate System, |
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South Central Zone). |
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COMMENCING at a 1-1/4” iron pipe found for the east corner of a |
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called 55.048 acre tract described in the deed to LGI Homes-Sunrise |
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Meadow, LTD. in Clerk’s File No. 2005048299 of the O.R.F.B.C., |
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common to the south corner of a called 136.6 acre tract described in |
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the deed to Sabas Cortez in Volume 216, Page 322, of the Deed |
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Records of Fort Bend County, Texas; |
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Thence North 47° 56' 48" West – 2,057.42’ along the north line of |
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said 55.048 acre tract, the north line of a called 55.06295 acre |
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tract described in the deed to Bruce Mahlmann in Clerk’s File No. |
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9780631 of the O.R.F.B.C. and the northwest line of a called 89.24 |
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acre tract described in the deed to R. W. Lindsey in Volume 469, |
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Page 284, of the Deed Records of Fort Bend County, Texas, common to |
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the southwest line of said 136.6 acre tract, to a 3/4" iron rod set |
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for the south corner and POINT OF BEGINNING of the herein described |
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tract, common to the south corner of said 100.5 acre tract and the |
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west corner of said 136.6 acre tract, from which a found 1-1/4” iron |
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pip bears North 23° 51' 01" East - 0.71’; |
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THENCE North 47° 56' 48" West – 1,522.95’ (called North 44° 48' 38" |
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West), along the southwest line of said 100.5 acre tract, common to |
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the northeast line of said 89.24 acre tract and the northeast line |
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of a called 89.011 acre tract described in the deed to Paul Nelson |
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Danzinger recorded in Clerk’s File No. 200125881 of the O.R.F.B.C., |
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to the west corner of the herein described tract, common to the west |
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corner of said 100.5 acre tract and the south corner of a called |
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17.99 acre tract described in the deed to Willie Drabek recorded in |
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Volume 1011, Page 841, of the Deed Records of Fort Bend County, |
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Texas, from which a found 3/4" iron pipe bears South 42° 01' 12" West – |
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0.35’ |
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THENCE North 42° 01' 12" East – 2,871.04’ (called North 45° 11' 37" |
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East), along the northwest line of said 100.5 acre tract, common to |
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the southeast line of said 17.99 acre tract, at 2,210.59’ passing a |
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found 1” iron pipe (in concrete) on the south side of Koeblen Road, |
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continuing in Koeblen Road to a 1/2" iron pipe found for the north |
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corner of said 100.5 acre tract in Koeblen Road; |
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THENCE South 48° 10' 25" East – 1,524.25’ (called South 45° 00' |
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East), along the northeast line of said 100.5 acre tract in Koeblen |
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Road to a PK nail found for the east corner of the herein described |
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tract; |
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THENCE South 42° 02' 45” West – 2,877.08’ (called South 45° 13' 10” |
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West – 2,876.08’) along the northeast line of said 100.5 acre tract, |
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at 31.70’ passing a 5/8” steel rod, continuing to the POINT OF |
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BEGINNING of the herein described tract and containing 100.5 acres |
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of land, more or less. |
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(c) If this Act does not receive a two-thirds vote of all the |
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members elected to each house, Subchapter C, Chapter 7907A, Special |
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District Local Laws Code, as added by Section 1(a) of this Act, is |
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amended by adding Section 7907A.0306 to read as follows: |
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Sec. 7907A.0306. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(d) Section 1(c) is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 2. (a) Subtitle F, Title 6, Special District Local |
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Laws Code, is amended by adding Chapter 7909A to read as follows: |
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CHAPTER 7909A. UPTOWN MUNICIPAL UTILITY DISTRICT NO. 1 OF COLLIN |
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COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7909A.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Uptown Municipal Utility |
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District No. 1 of Collin County. |
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Sec. 7909A.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
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Sec. 7909A.0103. CONFIRMATION AND DIRECTOR ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five permanent |
|
directors as provided by Section 49.102, Water Code. |
|
Sec. 7909A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section |
|
7909A.0103 until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district. |
|
Sec. 7909A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
|
(a) The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 7909A.0106. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2(b) of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 2(b) |
|
of the Act enacting this chapter form a closure. A mistake made in |
|
the field notes or in copying the field notes in the legislative |
|
process does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7909A.0201. GOVERNING BODY; TERMS. (a) The district |
|
is governed by a board of five elected directors. |
|
(b) Except as provided by Section 7909A.0202, directors |
|
serve staggered four-year terms. |
|
Sec. 7909A.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Caleb Lavey; |
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(2) Cole Talley; |
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(3) Luke Brown; |
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(4) Zack Schneider; and |
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(5) Ben Hangartner. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
|
Section 7909A.0103; or |
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(2) September 1, 2025. |
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(c) If permanent directors have not been elected under |
|
Section 7909A.0103 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (d) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7909A.0103; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7909A.0301. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 7909A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 7909A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
|
Section 52, Article III, Texas Constitution, the district may |
|
design, acquire, construct, finance, issue bonds for, improve, |
|
operate, maintain, and convey to this state, a county, or a |
|
municipality for operation and maintenance macadamized, graveled, |
|
or paved roads, or improvements, including storm drainage, in aid |
|
of those roads. |
|
Sec. 7909A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
|
road project must meet all applicable construction standards, |
|
zoning and subdivision requirements, and regulations of each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the road project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
Sec. 7909A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCE OR RESOLUTION. The district shall comply with all |
|
applicable requirements of any ordinance or resolution that is |
|
adopted under Section 54.016 or 54.0165, Water Code, and that |
|
consents to the creation of the district or to the inclusion of land |
|
in the district. |
|
Sec. 7909A.0306. DIVISION OF DISTRICT. (a) The district |
|
may be divided into two or more new districts only if the district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
(b) This chapter applies to any new district created by |
|
division of the district, and a new district has all the powers and |
|
duties of the district. |
|
(c) A new district created by the division of the district |
|
may not, at the time the new district is created, contain any land |
|
outside the area described by Section 2(b) of the Act enacting this |
|
chapter. |
|
(d) The board, on its own motion or on receipt of a petition |
|
signed by the owner or owners of a majority of the assessed value of |
|
the real property in the district, may adopt an order dividing the |
|
district. |
|
(e) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
7909A.0103 to confirm the district's creation. |
|
(f) An order dividing the district shall: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint temporary directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between the new districts. |
|
(g) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the commission and record the order in the real property |
|
records of each county in which the district is located. |
|
(h) Any new district created by the division of the district |
|
shall hold a confirmation and directors' election as required by |
|
Section 7909A.0103. If the voters of a new district do not confirm |
|
the creation of the new district, the assets, obligations, |
|
territory, and governance of the new district revert to the |
|
original district. |
|
(i) Municipal consent to the creation of the district and to |
|
the inclusion of land in the district granted under Section |
|
7909A.0104 acts as municipal consent to the creation of any new |
|
district created by the division of the district and to the |
|
inclusion of land in the new district. |
|
(j) Any new district created by the division of the district |
|
must hold an election as required by this chapter to obtain voter |
|
approval before the district may impose a maintenance tax or issue |
|
bonds payable wholly or partly from ad valorem taxes. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7909A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
|
The district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section |
|
7909A.0403. |
|
(b) The district must hold an election in the manner |
|
provided by Chapters 49 and 54, Water Code, to obtain voter approval |
|
before the district may impose an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(c) The district may not issue bonds payable from ad valorem |
|
taxes to finance a road project unless the issuance is approved by a |
|
vote of a two-thirds majority of the district voters voting at an |
|
election held for that purpose. |
|
Sec. 7909A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 7909A.0401, the |
|
district may impose an operation and maintenance tax on taxable |
|
property in the district in accordance with Section 49.107, Water |
|
Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 7909A.0403. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 7909A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
|
Sec. 7909A.0502. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 7909A.0503. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
|
(b) The Uptown Municipal Utility District No. 1 of Collin |
|
County initially includes all the territory contained in the |
|
following area: |
|
Tract 1 |
|
BEING A TRACT OF LAND LOCATED IN THE HENRY BENTLEY SURVEY, ABSTRACT |
|
NO. 124 AND THE BENJAMIN BREWTON SURVEY, ABSTRACT NO. 125, COLLIN |
|
COUNTY, TEXAS AND BEING ALL OF A TRACT OF LAND DESCRIBED IN DEED TO |
|
MATTHEW D. KIRAN, RECORDED IN INSTRUMENT NO. 20070418000520430, |
|
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS (O.P.R.C.C.T.) AND |
|
ALL OF A TRACT OF LAND DESCRIBED IN DEED TO MATTHEW DILLON KIRAN, |
|
RECORDED IN INSTRUMENT NO. 20070418000524700, O.P.R.C.C.T. AND |
|
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: |
|
BEGINNING AT A 1/2-INCH IRON ROD FOUND IN THE EAST RIGHT-OF-WAY LINE |
|
OF FARM-TO-MARKET ROAD 455, A 90-FOOT RIGHT-OF-WAY, AT THE WEST |
|
COMMON CORNER OF SAID KIRAN TRACT AND A TRACT OF LAND DESCRIBED IN |
|
DEED TO MARK A. JOHNSON, RECORDED IN VOLUME 5038, PAGE 7629, DEED |
|
RECORDS, COLLIN COUNTY, TEXAS; |
|
THENCE NORTH 00°45'03" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A |
|
DISTANCE OF 831.92 FEET TO A 5/8-INCH IRON WITH A YELLOW CAP STAMPED |
|
"RPLS 5674" SET AT THE WEST COMMON CORNER OF SAID KIRAN TRACT AND A |
|
TRACT OF LAND DESCRIBED IN DEED TO MOODY RHINOCEROS, LLC, RECORDED |
|
IN INSTRUMENT NO. 20140606000572850, O.P.R.C.C.T.; |
|
THENCE NORTH 89°16'45" EAST, ALONG THE COMMON LINE OF SAID KIRAN |
|
TRACT AND SAID MOODY RHINOCEROS TRACT, A DISTANCE OF 1,315.87 FEET |
|
TO A 5/8-INCH IRON WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR |
|
CORNER; |
|
THENCE NORTH 89°21'36" EAST, CONTINUING ALONG SAID COMMON LINE, A |
|
DISTANCE OF 1,299.36 FEET TO A 1/2-INCH IRON ROD FOUND IN THE WEST |
|
LINE OF A TRACT OF LAND DESCRIBED IN DEED TO BILLY STELZER AND JULIA |
|
STELZER, CO-TRUSTEES OF THE STELZER REVOCABLE TRUST TRACT, RECORDED |
|
IN INSTRUMENT NO. 20141006001089690, O.P.R.C.C.T., AT THE EAST |
|
COMMON CORNER OF SAID KIRAN TRACT AND SAID MOODY RHINOCEROS TRACT; |
|
THENCE SOUTH 00°42'34" EAST, ALONG THE COMMON LINE OF SAID KIRAN |
|
TRACTS AND STAID STELZER TRACT, A DISTANCE OF 831.54 FEET TO A |
|
1/2-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID KIRAN |
|
TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO JOE E. HACKNEY AND |
|
WIFE, HAZEL M. HACKNEY, RECORDED IN INSTRUMENT NO. 96-0063441, |
|
O.P.R.C.C.T.; |
|
THENCE SOUTH 89°19'06" WEST, ALONG THE COMMON LINE OF SAID KIRAN |
|
TRACT AND SAID HACKNEY TRACT, A DISTANCE OF 900.24 FEET TO A |
|
3/8-INCH IRON ROD FOUND AT THE NORTH COMMON CORNER OF SAID HACKNEY |
|
TRACT AND SAID JOHNSON TRACT; |
|
THENCE SOUTH 89°18'26" WEST, ALONG THE COMMON LINE OF SAID KIRAN |
|
TRACT AND SAID JOHNSON TRACT, A DISTANCE OF 1,714.40 FEET TO THE |
|
POINT OF BEGINNING AND CONTAINING 2,175,983 SQUARE FEET OR 49.954 |
|
ACRES OF LAND, MORE OR LESS. |
|
Tract 2 |
|
BEING A TRACT OF LAND LOCATED IN THE T. & P. RAILWAY CO. SURVEY, |
|
ABSTRACT NO. 932, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF |
|
LAND DESCRIBED IN DEED TO BILLY STELZER AND JULIA STELZER, |
|
CO-TRUSTEES OF THE STELZER REVOCABLE TRUST, RECORDED IN INSTRUMENT |
|
NO. 20141006001089690, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, |
|
TEXAS (O.P.R.C.C.T.) AND BEING MORE PARTICULARLY DESCRIBED AS |
|
FOLLOWS: |
|
BEGINNING AT AN 8-INCH WOOD FENCE POST FOUND IN THE EAST LINE OF A |
|
TRACT OF LAND DESCRIBED IN DEED TO OLD CELINA, LTD., RECORDED IN |
|
INSTRUMENT NO. 20180323000355690, O.P.R.C.C.T., AT THE SOUTHWEST |
|
CORNER OF SAID STELZER TRACT AND THE NORTHWEST CORNER OF A TRACT OF |
|
LAND DESCRIBED IN DEED TO JARRELL DWAIN GRAY, RECORDED IN |
|
INSTRUMENT NO. 20090105000007700, O.P.R.C.C.T.; |
|
THENCE NORTH 00°04'16" WEST, A DISTANCE OF 319.32 FEET TO A 3/8-INCH |
|
IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID OLD CELINA TRACT |
|
AND A TRACT OF LAND DESCRIBED IN DEED TO JOE E. HACKNEY AND WIFE, |
|
HAZEL M. HACKNEY, RECORDED IN INSTRUMENT NO. 96-0063441, |
|
O.P.R.C.C.T.; |
|
THENCE NORTH 00°31'51" WEST, A DISTANCE OF 479.09 FEET TO A 1/2-INCH |
|
IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID HACKNEY TRACT AND A |
|
TRACT OF LAND DESCRIBED IN DEED TO MATTHEW D. KIRAN, RECORDED IN |
|
INSTRUMENT NO. 20070418000520430, O.P.R.C.C.T.; |
|
THENCE NORTH 00°42'34" WEST, ALONG THE EAST LINE OF SAID KIRAN TRACT |
|
AND ANOTHER TRACT DESCRIBED IN DEED TO MATTHEW DILLON KIRAN, |
|
RECORDED IN INSTRUMENT NO. 20070418000524700, O.P.R.C.C.T., A |
|
DISTANCE OF 831.54 FEET TO A 1/2-INCH IRON ROD FOUND AT THE EAST |
|
COMMON CORNER OF SAID KIRAN TRACT AND A TRACT OF LAND DESCRIBED IN |
|
DEED TO MOODY RHINOCEROS, LLC, RECORDED IN INSTRUMENT NO. |
|
20140606000572850, D.R.C.C.T.; |
|
THENCE NORTH 00°07'00" EAST, ALONG THE EAST LINE OF SAID MOODY |
|
RHINOCEROS TRACT, PASSING AT A DISTANCE OF 1,107.23 FEET A 3/4-INCH |
|
IRON ROD FOUND AT THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED |
|
IN DEED TO KIM CANNADY LEE, RECORDED IN VOLUME 4840, PAGE 1743, DEED |
|
RECORDS, COLLIN COUNTY, TEXAS (D.R.C.C.T.), AND CONTINUING FOR A |
|
TOTAL DISTANCE OF 1,120.03 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW |
|
CAP STAMPED "RPLS 5674" SET NEAR THE SOUTHWEST EDGE OF PAVING OF |
|
COUNTY ROAD 57 AT THE NORTHWEST CORNER OF SAID STELZER TRACT AND THE |
|
SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO OLD CELINA, |
|
LTD., RECORDED IN INSTRUMENT NO. 20140501000426500, O.P.R.C.C.T., |
|
FROM WHICH A 1/2-INCH IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID |
|
LEE TRACT BEARS NORTH 01°02'23"WEST, A DISTANCE OF 570.99 FEET; |
|
THENCE NORTH 89°35'24" EAST, ALONG SAID COUNTY ROAD 57 AND THE NORTH |
|
LINE OF SAID STELZER TRACT, A DISTANCE OF 2,631.96 FEET TO A |
|
5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR |
|
CORNER IN THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN DEED TO OLD |
|
CELINA , LTD., RECORDED IN INSTRUMENT NO. 20060815001168150, |
|
O.P.R.C.C.T., AT THE NORTH COMMON CORNER OF SAID STELZER TRACT AND A |
|
TRACT OF LAND DESCRIBED AS TRACT III IN DEED TO G BAR 7, LTD., |
|
RECORDED IN VOLUME 5850, PAGE 990, D.R.C.C.T., FROM WHICH A |
|
3/8-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID OLD CELINA |
|
TRACT BEARS NORTH 89°35'24" EAST, A DISTANCE OF 682.05 FEET; |
|
THENCE SOUTH 00°12'44" EAST, LEAVING THE SOUTH LINE OF SAID OLD |
|
CELINA TRACT AND ALONG SAID COUNTY ROAD 57 AND THE EAST LINE OF SAID |
|
STELZER TRACT, A DISTANCE OF 852.17 FEET TO A MAG NAIL SET AT THE |
|
NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF |
|
CELINA, TEXAS, RECORDED IN VOLUME 481, PAGE 230, D.R.C.C.T.; |
|
THENCE NORTH 87°15'44" WEST, LEAVING SAID COUNTY ROAD 57 AND SAID |
|
EAST LINE OF THE STELZER TRACT, A DISTANCE OF 450.00 FEET TO A |
|
5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE |
|
NORTHWEST CORNER OF SAID CITY OF CELINA TRACT; |
|
THENCE SOUTH 00°12'44" EAST, A DISTANCE OF 485.30 FEET TO A 5/8-INCH |
|
IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE SOUTHWEST |
|
CORNER OF SAID CITY OF CELINA TRACT; |
|
THENCE SOUTH 87°15'44" EAST, A DISTANCE OF 450.00 FEET TO A MAG NAIL |
|
SET IN SAID COUNTY ROAD 57 AND SAID EAST LINE OF THE STELZER TRACT AT |
|
THE SOUTHEAST CORNER OF SAID CITY OF CELINA TRACT; |
|
THENCE SOUTH 00°12'44" EAST, ALONG SAID COUNTY ROAD 57 AND SAID EAST |
|
LINE OF THE STELZER TRACT, A DISTANCE OF 1,420.00 FEET TO A MAG NAIL |
|
SET AT THE SOUTHEAST CORNER OF SAID STELZER TRACT; |
|
THENCE SOUTH 89°56'13" WEST, LEAVING SAID COUNTY ROAD 57, PASSING AT |
|
A DISTANCE OF 205.83 FEET A 5/8-INCH IRON ROD FOUND AT THE NORTH |
|
COMMON CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO J.B. STELZER |
|
AND WIFE FRANCES B. STELZER, RECORDED IN INSTRUMENT NO. |
|
19710125077403730, D.R.C.C.T., AND LOT 23 OF WILLOCK HILL ADDITION |
|
AMENDED PLAT, AN ADDITION TO THE CITY OF CELINA, COLLIN COUNTY, |
|
TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET H, SLIDE |
|
160, MAP RECORDS, COLLIN COUNTY, TEXAS, AND CONTINUING FOR A TOTAL |
|
DISTANCE OF 605.83 FEET TO THE NORTH COMMON CORNER OF LOTS 11 AND 23 |
|
OF SAID ADDITION, FROM WHICH A 1/2-INCH IRON ROD FOUND WITH A CAP |
|
STAMPED "RPLS 2818" BEARS SOUTH 09°19'53" EAST, A DISTANCE OF 0.46 |
|
FEET; |
|
THENCE SOUTH 89°51'02" WEST, A DISTANCE OF 358.80 FEET TO A 5/8-INCH |
|
IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE NORTH |
|
COMMON CORNER OF LOTS 10 AND 11 OF SAID ADDITION; |
|
THENCE SOUTH 89°41'02" WEST, A DISTANCE OF 380.00 FEET TO A 1/2-INCH |
|
IRON ROD WITH CAP STAMPED "RPLS 2818" FOUND AT THE NORTH COMMON |
|
CORNER OF SAID ADDITION AND SAID GRAY TRACT; |
|
THENCE SOUTH 89°39'42" WEST, A DISTANCE OF 1,284.65 FEET TO THE |
|
POINT OF BEGINNING AND CONTAINING 7,029,841 SQUARE FEET OR 161.383 |
|
ACRES OF LAND, MORE OR LESS. |
|
Tract 3 |
|
All that certain 143.93 acre tract or parcel of land situated in the |
|
Collin County School Land Survey, Abstract Number 168, Thomas |
|
Stayton Survey, Abstract Number 804 and the Henry Bentley Survey, |
|
Abstract Number 124, County of Collin, State of Texas, said tract |
|
being part of a called 26.030 acre tract as described in deed to |
|
Crown S. Ltd., filed 14 December 2001, and recorded in volume 5066 |
|
page 4447 of the Official Public Records of said Collin County, |
|
Texas, and said tract being part of Exhibit A, a called 193.825 acre |
|
tract as described in deed to Crown S. Ltd., filed 31 July 1997, and |
|
recorded in volume 3966 page 2598 of said official public records, |
|
and being more particularly described as follows; |
|
COMMENCING at a found iron rod by a pipe fence corner post, said rod |
|
being the southwest corner of said Exhibit A, same being the |
|
northwest corner of a called 35.286 acre tract as described in deed |
|
to Sutton Field Investments, LLC, filed 10 February 2015, and |
|
recorded in Collin County Clerks #D20150210000147450 of said |
|
official public records, and said rod being on the east line of |
|
Tract One a called 14.88 acre tract as described in deed to Dwight |
|
Shewchuck et ux, Rebecca Shewchuk, 26 June 1998, and recorded in |
|
Collin County Clerks #D98-0067003 of said official public records, |
|
said rod also having NAD83 NCTZ grid coordinates of N-7169022.23, |
|
E-2482005.62 |
|
THENCE: North 00 degrees 30 minutes 58 seconds West, with the west |
|
line of said Exhibit A, and with the east line of said Shewchuk |
|
tract, a distance of 852.21 feet a set 1/2 inch rebar for the POINT |
|
OF BEGINNING and being the southwest corner of the tract being |
|
described herein: |
|
THENCE: North 00 degrees 30 minutes 58 seconds West, with the west |
|
line of said Exhibit A, and generally along and near a barbed wire |
|
fence, a distance of 690.83 feet to a found iron rod by a wood fence |
|
corner post for an angle point in the west line of said Exhibit A, |
|
same being the northeast corner of a called 10.253 acre tract as |
|
described in deed to Jimmy D. Bennett and Katheleen J. Bennett, |
|
filed 06 May 1997, and recorded in Collin County Clerks |
|
#D97-0035479 of said official public records, same being the |
|
southeast corner of Tract II, a called 7.605 acre tract as described |
|
in deed to Glenn E. Hansen, filed 15 May 2008, and recorded in |
|
Collin County Clerks #D20080515000592770 of said official public |
|
records; |
|
THENCE: North 00 degrees 32 minutes 00 seconds West, with the west |
|
line of said Exhibit A, and generally along and near a barbed wire |
|
fence, a distance of 1734.10 feet to a found 5/8 inch rebar by a pipe |
|
fence corner post for the northwest corner of said Exhibit A, same |
|
being the occupied southwest corner of said 26.030 acre tract, and |
|
said rebar being the northeast corner of a called 7.004 acre tract |
|
as described in deed to Greg Mims and Pam Mims, filed 04 June 2015, |
|
and recorded in Collin County Clerks #D20150604000659940 of said |
|
official public records, same being the southeast corner of a |
|
called 10.012 acre tract as described in deed to W. G. Cullum & |
|
Company Ltd. filed 15 December 2015, and recorded in Collin County |
|
Clerks #D20151215001560240 of said official public records; |
|
THENCE: North 00 degrees 31 minutes 54 seconds East, with the west |
|
line of said 26.030 acre tract, and generally along and near a |
|
barbed wire fence, a distance of 439.87 feet to a found capped iron |
|
rod by a pipe fence corner post for the northwest corner of said |
|
26.030 acre tract, same being the southwest corner of a called |
|
16.090 acre tract as described in deed to Scot H. Mcdonald et ux, |
|
Jill C. McDonald, filed 14 December 2001, and recorded in Collin |
|
County Clerks #D2001-0161490 of said official public records; |
|
THENCE: North 88 degrees 46 minutes 33 seconds East, with the north |
|
line of said 26.030 acre tract, and with a barbed wire fence, and |
|
passing at 2595.47 feet a pipe fence corner post on the west side of |
|
Farm to Market Road Number 455, and continuing on said course a |
|
total distance of 2597.47 feet to a found capped iron rod with a |
|
plastic cap marked RPLS 1849 on the west right of way tine of said |
|
road for the northeast corner of this tract, same being the |
|
northeast corner of said 26.030 acre tract, and said rod being the |
|
southeast corner of a called 10.037 acre tract as described in deed |
|
to Raju Gadirajy and Feng-Tzu Tsai, filed 14 June 2004, and recorded |
|
in Collin County Clerks #D2004-0086243 of said official public |
|
records; |
|
THENCE: South 00 degrees 14 minutes 10 seconds East, with the west |
|
line of said road, a distance of 417.70 feet to a set 1/2 inch rebar |
|
for a corner of this tract; |
|
THENCE: South 88 degrees 50 minutes 08 seconds West, and passing at |
|
450.61 feet a set 1/2 inch rebar, and continuing on said course a |
|
total distance of 633.56 feet to a set 1/2 inch rebar for an ell |
|
corner of this tract; |
|
THENCE: South 00 degrees 44 minutes 17 seconds East, a distance of |
|
817.09 feet to a set 1/2 inch rebar for an ell corner of this tract; |
|
THENCE: South 88 degrees 45 minutes 36 seconds East, and passing at |
|
120.6 feet a set 1/2 inch rebar, and continuing on said course, and |
|
passing at 140.6 feet a pipe fence corner post, and continuing on |
|
said course with a pipe fence, and passing at 631.77 feet a pipe |
|
fence corner post on the west side of said road, and continuing on |
|
said course a total distance of 633.07 feet to a set 1/2 inch rebar |
|
on the west right of way line of said road for a corner of this |
|
tract; |
|
THENCE: South 00 degrees 44 minutes 17 seconds East, with the west |
|
line of said road, a distance of 719.40 feet to a found concrete |
|
highway monument for a corner of this tract, said monument being the |
|
north corner of a called 0.5112 acre tract as described in deed to |
|
State of Texas, filed 03 April 2017, and recorded in Collin County |
|
Clerks #D2017043000416890 of said official public records; |
|
THENCE: South 06 degrees 53 minutes 35 seconds West, with the west |
|
line of said road, and with the west line of said State of Texas |
|
tract, a distance of 55.53 feet to a set 1/2 inch rebar for the most |
|
easterly southeast corner of this tract, from said rebar a found |
|
capped iron rod bears North 89 degrees 59 minutes 15 seconds East, a |
|
distance of 7.4 feet; |
|
THENCE: North 89 degrees 46 minutes 54 seconds West, and passing at |
|
0.9 feet a pipe fence corner post, and continuing on said course, |
|
with a barbed wire fence, a total distance of 571.78 feet to a pipe |
|
fence corner post of an inner ell corner of this tract; |
|
THENCE: South 05 degrees 25 minutes 28 seconds West, with a barbed |
|
wire fence, a distance of 562.01 feet to a pipe fence corner post |
|
for the most southerly southeast corner of this tract; |
|
THENCE: South 73 degrees 44 minutes 30 seconds West, with a barbed |
|
wire fence, a distance of 982.13 feet to a pipe fence corner post |
|
for an angle point of this tract; |
|
THENCE: South 84 degrees 56 minutes 30 seconds West, with a barbed |
|
wire fence, a distance of 804.70 feet to a pipe fence corner post |
|
for an angle point of this tract; |
|
THENCE: North 85 degrees 09 minutes 45 seconds West, with a barbed |
|
wire fence, and passing at 221.95 feet a pipe fence corner post, and |
|
continuing on said course a total distance of 224.41 feet to the |
|
POINT OF BEGINNING and containing 143.93 acres of land. |
|
Tract 4 |
|
LEGAL DESCRIPTION |
|
BEING a tract of land situated in the Thomas Stayton Survey, |
|
Abstract No. 805 Collin county, Texas and being part of a called |
|
54.809 acre tract conveyed to Lewis Dickerson as recorded in County |
|
Clerks No. 2010051000463340, Land Records of Collin County, Texas, |
|
and being more particularly described by metes and bounds as |
|
follows: |
|
BEGINNING at a 1/2" iron rod with yellow plastic capped |
|
stamped "4613" set for corner in the west line of said 54.809 acre |
|
tract, said iron rod being S 00°02'11" W a distance of 185.72' from a |
|
1/2" iron rod found for the northwest corner of said 54.809 acres; |
|
THENCE N 89°04'55" E a distance of 1400.14' to a mag nail set |
|
for corner in the east line of said 54.809 acre tract, said nail |
|
being in Business No. 289; |
|
THENCE S 00°44'54" W veering west from the road a distance of |
|
1770.34' to a point for corner; |
|
THENCE 5 11°19'55" W a distance of 534.39' to a point for |
|
corner; |
|
THENCE S 89°34'57" W a distance of 28.22' to a point for |
|
corner; |
|
THENCE N 10°32'31" E a distance of 695.27' to a point for |
|
corner; |
|
THENCE N 01°09'28" E a distance of 121.00' to a wood fence post |
|
found for corner; |
|
THENCE S 89°10'28" W a distance of 1110.80' to a wood fence |
|
post found for corner; |
|
THENCE N 57°00'00" W a distance of 300.66' to a wood fence post |
|
found for corner; |
|
THENCE N 00°10'07" W a distance of 262.10' to a 1/2" iron rod |
|
with yellow plastic capped stamped "4613" set for corner; |
|
THENCE N 00°39'54" W a distance of 843.67' to a wood fence post |
|
found for corner; |
|
THENCE N 00°02'11" E a distance of 213.97' to the POINT OF |
|
BEGINNING and containing 2,060,807 Square Feet or 47.310 Acres of |
|
land. |
|
Tract 5 |
|
Being a tract of land situated in the Thomas Stayton Survey, |
|
Abstract No. 805, Collin County, Texas and being the remainder of a |
|
called 79 acre tract of land (Tract III) described in Deed to G Bar |
|
7, LTD. as recorded in Document No. 2005-0015684 of the Official |
|
Public Real Property Records of Collin County, Texas, and being |
|
more particularly described herein as follows: |
|
BEGINNING at a "Mag" spike set in County Road 57 (a public road) and |
|
in the East line of a called 160 acres tract of land described in |
|
Deed to Billy Stelzer and Julia Stelzer as recorded in Instrument |
|
No. 20141006001089690 of the Official Public Records of Collin |
|
County, Texas for the Southwest corner of said Tract III; |
|
THENCE North 00 degrees 01 minutes 22 seconds East, with the West |
|
line of said Tract III, along said County Road 57, passing the |
|
Southeast corner of a called 5.00 acres tract of land described in |
|
Deed to the City of Celina as recorded in Volume 481, Page 230 of |
|
said Deed Records, continuing with the West line of said Tract III |
|
and the East line of said City of Celina tract, passing the |
|
Northeast corner thereof and continuing for a total distance of |
|
2,484.46 feet to a 5/8 inch iron rod with plastic cap stamped "PLS, |
|
INC" (typical) set on the Northeast side of a bend in said County |
|
Road 57 for the Northwest corner of said Tract III, and being in the |
|
South line of a called 52.039 acre tract of land described in Deed |
|
to Old Celina, LTD. as recorded in Instrument No. 20060815001168150 |
|
of said Official Public Records; |
|
THENCE North 89 degrees 45 minutes 53 seconds East, with the North |
|
line of said Tract III, passing the Southeast corner of said 52.039 |
|
acre tract and the Southwest corner of a called 50.363 acres tract |
|
of land described in Deed to Celina 50, LLC as recorded in |
|
Instrument No. 20190610000659920 of said Official Public Records, |
|
and continuing for a total distance of 1,385.31 feet to a 3/8 inch |
|
iron rod found for the Northeast corner of said Tract III and the |
|
Northwest corner of a called 54.804 acres tract of land (Tract Two) |
|
described in Deed to Dorothy Stambaugh and Lewis Dickerson as |
|
recorded in Instrument No. 20100510000463340 of said Official |
|
Public Records; |
|
THENCE with the East line of said Tract III and the West line of said |
|
Stambough tract, along and near an established fence line, the |
|
following courses and distances: |
|
South 00 degrees 39 minutes 47 seconds East, a distance of |
|
174.67 feet to a 5/8 inch iron rod set for corner; |
|
South 02 degrees 33 minutes 05 seconds West, a distance of |
|
145.60 feet to a 5/8 inch iron rod set for corner; |
|
South 02 degrees 09 minutes 55 seconds East, a distance of |
|
198.50 feet to a 5/8 inch iron rod set for corner; |
|
South 00 degrees 24 minutes 55 seconds East, a distance of |
|
725.00 feet to a 5/8 inch iron rod set for corner; |
|
South 00 degrees 09 minutes 55 seconds East, a distance of |
|
262.10 feet to a cross-tie fence corner post found for the Southwest |
|
corner of said Stambough tract and the Northwest corner of Lot 1, |
|
Block A of Celina 22 Addition recorded in Instrument |
|
20200128010000450 of said Official Public Records; |
|
THENCE South 00 degrees 01 minutes 02 seconds West, with the East |
|
line of said Tract III and the West line of Lot 1, passing the |
|
Southwest corner of said Lot 1 and the Northwest corner of Lot 2, |
|
Block A of said Celina 22 Addition, and continuing for a total |
|
distance of 672.08 feet to a 1/2 inch iron rod found for the |
|
Southwest corner of said Lot 2 and the Northwest corner of Lot 1, |
|
Block 1 of Snyder Addition as recorded in Instrument |
|
No. 20060511010001920 of said Official Public Records; |
|
THENCE South 00 degrees 08 minutes 55 seconds West, with the East |
|
line of said Tract III and the West line of said Snyder Addition, a |
|
distance of 297.31 feet to a 1/2 inch iron rod found in the North |
|
line of a 30 foot alleyway for the Southeast corner of said Tract |
|
III and the Southwest corner of said Snyder Addition; |
|
THENCE South 89 degrees 29 minutes 39 seconds West, with the South |
|
line of said Tract III and the North line of said 30 foot alleyway, a |
|
distance of 100.03 feet to a 1/2 inch iron rod found for the |
|
Southeast corner of a called 3.00 acres tract of land described in |
|
Deed to Whitney Elliot and Marc Elliot as recorded in Instrument |
|
No. 20181228001576130 of said Official Public Records; |
|
THENCE North 00 degrees 31 minutes 41 seconds West, with the East |
|
line of said Elliot tract, a distance of 315.13 feet to a 1/2 inch |
|
capped iron rod found for the Northeast corner of said Elliot tract; |
|
THENCE South 89 degrees 20 minutes 47 seconds West, with the North |
|
line of said Elliot tract, a distance of 414.83 feet to a 5/8 inch |
|
iron rod set for the Northwest corner of said Elliot tract; |
|
THENCE South 00 degrees 31 minutes 41 seconds East, with the West |
|
line of said Elliot tract, a distance of 314.99 feet to a 5/8 inch |
|
iron rod set in the South line of said Tract III and the North line |
|
of said 30 foot alleyway for the Southwest corner of said Elliot |
|
tract; |
|
THENCE South 89 degrees 21 minutes 57 seconds West, with the South |
|
line of said Tract III, a distance of 879.59 feet to the POINT OF |
|
BEGINNING and containing, within the metes and bounds herein |
|
recited, 76.224 acres of land, more or less. |
|
Tract 6 |
|
BEING A TRACT OF LAND LOCATED IN THE HENRY BENTLEY SURVEY, ABSTRACT |
|
NO. 124, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF LAND |
|
DESCRIBED IN DEED TO MARK S. JOHNSON, RECORDED IN VOLUME 5038, PAGE |
|
7629, DEED RECORDS, COLLIN COUNTY, TEXAS AND BEING MORE |
|
PARTICULARLY DESCRIBED AS FOLLOWS: |
|
BEGINNING AT A 1/2-INCH IRON ROD FOUND IN THE EXISTING EAST |
|
RIGHT-OF-WAY LINE OF FARM-TO-MARKET ROAD (FM) 455, A VARIABLE WIDTH |
|
RIGHT-OF-WAY, AT THE WEST COMMON CORNER OF SAID JOHNSON TRACT AND A |
|
TRACT OF LAND DESCRIBED IN DEED TO MATTHEW D. KIRAN, RECORDED IN |
|
INSTRUMENT NO. 20070418000520430, OFFICIAL PUBLIC RECORDS, COLLIN |
|
COUNTY, TEXAS (O.P.R.C.C.T.); |
|
THENCE NORTH 89°18'26" EAST,LEAVING SAID EAST RIGHT-OF-WAY LINE AND |
|
ALONG THE COMMON LINE OF SAID JOHNSON TRACT AND SAID KIRAN TRACT, A |
|
DISTANCE OF 1,714.40 FEET TO A 3/8-INCH IRON ROD FOUND AT THE NORTH |
|
COMMON CORNER OF SAID JOHNSON TRACT AND A TRACT OF LAND DESCRIBED IN |
|
DEED TO JOE E. HACKNEY AND WIFE, HAZEL M. HACKNEY, RECORDED IN |
|
INSTRUMENT NO. 96-0063441, O.P.R.C.C.T., FROM WHICH A 1/2-INCH IRON |
|
ROD FOUND AT THE EAST COMMON CORNER OF SAID KIRAN TRACT AND SAID |
|
HACKNEY TRACT BEARS NORTH 89°19'06" EAST, A DISTANCE OF 900.24 FEET; |
|
THENCE SOUTH 00°39'47" WEST, ALONG THE COMMON LINE OF SAID JOHNSON |
|
TRACT AND SAID HACKNEY TRACT, A DISTANCE OF 476.67 FEET TO A |
|
1/2-INCH IRON ROD FOUND IN THE NORTH LINE OF A TRACT OF LAND |
|
DESCRIBED IN DEED TO OLD CELINA, LTD., RECORDED IN INSTRUMENT NO. |
|
20180323000355690, O.P.R.C.C.T., AT THE SOUTH COMMON CORNER OF SAID |
|
JOHNSON TRACT AND SAID HACKNEY TRACT, FROM WHICH A 3/8-INCH IRON ROD |
|
FOUND AT THE EAST COMMON CORNER OF SAID HACKNEY TRACT AND SAID OLD |
|
CELINA TRACT BEARS NORTH 89°28'43" EAST, A DISTANCE OF 910.17 FEET; |
|
THENCE SOUTH 87°38'51" WEST, ALONG THE COMMON LINE OF SAID JOHNSON |
|
TRACT AND THE OLD CELINA TRACT, A DISTANCE OF 58.03 FEET TO A |
|
1/2-IRON ROD FOUND AT THE NORTH COMMON CORNER OF SAID OLD CELINA |
|
TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO CELINA 428, L.P., |
|
RECORDED IN INSTRUMENT NO. 20070222000245920, O.P.R.C.C.T.; |
|
THENCE SOUTH 88°35'59" WEST, ALONG THE COMMON LINE OF SAID JOHNSON |
|
TRACT AND SAID CELINA 428 TRACT, A DISTANCE OF 589.16 FEET TO A |
|
1/2-INCH IRON ROD WITH A YELLOW CAP (ILLEGIBLE) FOUND AT THE NORTH |
|
COMMON CORNER OF SAID CELINA 428 TRACT AND TRACT OF LAND DESCRIBED |
|
IN DEED TO JC GOODMA NINVESTMENT GROUP, INC., RECORDED IN |
|
INSTRUMENT NO. 20200115000063450, O.P.R.C.C.T.; |
|
THENCE SOUTH 88°39'24" WEST, ALONG THE COMMON LINE OF SAID JOHNSON |
|
TRACT AND SAID JC GOODMAN INVESTMENT GROUP TRACT, A DISTANCE OF |
|
1,015.89 FEET TO A 5/8 INCH IRON ROD WITH A PINK PLASTIC CAP STAMPED |
|
"TXDOT" FOUND IN THE NEW EAST RIGHT-OF-WAY LINE OF SAID FM 455 AS |
|
ESTABLISHED BY DEED TO THE STATE OF TEXAS, RECORDED IN INSTRUMENT |
|
NO. 2017013000470220, O.P.R.C.C.T.; |
|
THENCE NORTH 06°44'04" WEST, ALONG SAID NEW EAST RIGHT-OF-WAY LINE, |
|
A DISTANCE OF 381.29 FEET TO A 5/8 INCH IRON ROD WITH A PINK PLASTIC |
|
CAP STAMPED "TXDOT" FOUND FOR CORNER IN THE EXISTING EAST |
|
RIGHT-OF-WAY LINE OF SAID FM 544; |
|
THENCE NORTH 00°43'02" WEST, ALONG SAID EXISTING EAST RIGHT-OF-WAY |
|
LINE, A DISTANCE OF 117.86 FEET TO THE POINT OF BEGINNING AND |
|
CONTAINING 825,624 SQUARE FEET OR 18.954 ACRES OF LAND, MORE OR |
|
LESS. |
|
Tract 7 |
|
BEING A TRACT OF LAND LOCATED IN THE BENJAMIN BREWTON SURVEY, |
|
ABSTRACT NO. 125, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF |
|
LAND DESCRIBED IN DEED TO MOODY RHINOCEROS, LLC, RECORDED IN |
|
INSTRUMENT NO. 20140606000572850, OFFICIAL PUBLIC RECORDS, COLLIN |
|
COUNTY, TEXAS (O.P.R.C.C.T.) AND BEING MORE PARTICULARLY DESCRIBED |
|
AS FOLLOWS: |
|
BEGINNING AT A 5/8-INCH IRON ROD WITH A CAP STAMPED "RPLS 5674" |
|
FOUND IN THE EAST RIGHT-OF-WAY LINE OF FARM-TO-MARKET ROAD 455, A |
|
90-FOOT RIGHT-OF-WAY, AT THE WEST COMMON CORNER OF SAID MOODY TRACT |
|
AND A TRACT OF LAND DESCRIBED IN DEED TO MATTHEW DILLON KIRAN, |
|
RECORDED IN INSTRUMENT NO. 20070418000524700, O.P.R.C.C.T., FROM |
|
WHICH A WOOD RIGHT-OF-WAY MARKER BEARS NORTH 58°16'44" WEST, A |
|
DISTANCE OF 1.45 FEET; |
|
THENCE NORTH 00°45'03" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A |
|
DISTANCE OF 498.59 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC |
|
CAP STAMPED "RPLS 5674" SET FOR CORNER, FROM WHICH A WOOD |
|
RIGHT-OF-WAY MARKER BEARS NORTH 02°35'45" WEST, A DISTANCE OF 26.41 |
|
FEET; |
|
THENCE NORTH 00°13'52" WEST, CONTINUING ALONG SAID EAST |
|
RIGHT-OF-WAY LINE, A DISTANCE OF 720.60 FEET TO A POINT FOR CORNER |
|
FROM WHICH A 3/4-INCH IRON ROD FOUND AT THE SOUTHWEST CORNER OF A |
|
TRACT OF LAND DESCRIBED IN DEED TO KIM CANNADY LEE, RECORDED IN |
|
VOLUME 4840, PAGE 1743, DEED RECORDS, COLLIN COUNTY, TEXAS, BEARS |
|
SOUTH 88°14'15" EAST, A DISTANCE OF 0.59 FEET AND FROM WHICH A |
|
3/8-INCH IRON ROD FOUND NEAR THE NORTHWEST CORNER OF SAID MOODY |
|
TRACT BEARS SOUTH 01°58'05"WEST, A DISTANCE OF 8.20 FEET AND FROM |
|
WHICH A 1/2-INCH IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID LEE |
|
TRACT BEARS NORTH 00°13'02" WEST, A DISTANCE OF 546.05 FEET; |
|
THENCE SOUTH 88°14'15" EAST, ALONG THE SOUTH LINE OF SAID LEE TRACT, |
|
A DISTANCE OF 2,627.99 FEET TO A 3/4-INCH IRON ROD FOUND IN THE WEST |
|
LINE OF A TRACT OF LAND DESCRIBED IN DEED TO BILLY STELZER AND JULIA |
|
STELZER, CO-TRUSTEES OF THE STELZER REVOCABLE TRUST TRACT, RECORDED |
|
IN INSTRUMENT NO. 20141006001089690, O.P.R.C.C.T. AT THE SOUTHEAST |
|
CORNER OF SAID LEE TRACT, FROM WHICH A 1/2-INCH IRON ROD FOUND NEAR |
|
THE NORTHEAST CORNER OF SAID MOODY TRACT BEARS NORTH 00°39'40" WEST, |
|
A DISTANCE OF 7.67 FEET AND FROM WHICH A 5/8-INCH IRON ROD WITH A CAP |
|
(ILLEGIBLE) FOUND AT THE NORTHEAST CORNER OF SAID LEE TRACT BEARS |
|
NORTH 01°00'52" WEST, A DISTANCE OF 583.77 FEET; |
|
THENCE SOUTH 00°07'00" WEST, ALONG THE COMMON LINE OF SAID MOODY |
|
TRACT AND SAID STELZER TRACT, A DISTANCE OF 1,107.25 FEET TO A |
|
1/2-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID MOODY |
|
TRACT AND SAID KIRAN TRACT; |
|
THENCE SOUTH 89°21'36" WEST, ALONG THE COMMON LINE OF SAID MOODY |
|
TRACT AND SAID KIRAN TRACT, A DISTANCE OF 1,299.36 FEET TO A |
|
5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "RPLS 5674" |
|
FOUND FOR CORNER; |
|
THENCE SOUTH 89°16'45" WEST, CONTINUING ALONG THE COMMON LINE OF |
|
SAID MOODY TRACT AND SAID KIRAN TRACT, A DISTANCE OF 1,315.87 FEET |
|
TO THE POINT OF BEGINNING AND CONTAINING 3,048,952 SQUARE FEET OR |
|
69.994 ACRES OF LAND, MORE OR LESS. |
|
Tract 8 |
|
LEGAL DESCRIPTION |
|
108.175 ACRES |
|
BEING a tract of land in the J. HEATH SURVEY, ABSTRACT NO. 387 and |
|
the J. RAGDALE SURVEY, ABSTRACT NO. 735, Collin County, Texas, and |
|
being that tract of land conveyed in Deed to JASC Investments Inc., |
|
according to the document of record filed in Document Number |
|
20160610000730460, Official Public Records, Collin County, Texas, |
|
and being more particularly described as follows; |
|
BEGINNING at a wooden fence post found for the common northwest |
|
corner of said JASC Investments Inc. tract and the southwest corner |
|
of that tract of land conveyed in Deed to Pair Of Dice Properties, |
|
LLC, according to the document of record filed in Document Number |
|
20181102001367960, Official Public Records, Collin County, Texas, |
|
and being in the east line of that tract of land conveyed in Deed to |
|
Dynavest Joint Venture, according to the document of record filed |
|
in Book 2288, Page 114, Deed Records, Collin County, Texas; |
|
THENCE N 89° 42' 34" E, with the common north line of said JASC |
|
Investments Inc. tract and the south line of said Pair Of Dice |
|
Properties, LLC tract, a distance of 1147.28 feet to a 1/2" iron rod |
|
found for the common southeast corner of said Pair Of Dice |
|
Properties, LLC tract and the southwest corner of that tract of land |
|
conveyed in Deed to Charles Ray Huddleston and Sherry Lynn |
|
Huddleston, according to the document filed of record in Volume |
|
1368, Page 368, Deed Records, Collin County, Texas; |
|
THENCE N 89° 56' 49" E, with the common north line said JASC |
|
Investments Inc. tract and the south line of said Charles Ray |
|
Huddleston and Sherry Lynn Huddleston tract, a distance of 269.47 |
|
feet to a 3/8" iron rod found for the common southeast corner of |
|
said Charles Ray Huddleston and Sherry Lynn Huddleston tract and |
|
the southwest corner of that tract of land described as Tract I as |
|
conveyed in Deed to Rodney L. Steed and wife, Tommie S. Steed, |
|
according to the document of record filed in Book 4393. Page 0942, |
|
Official Public Records, Collin County, Texas, from which a 5/8" |
|
iron rod found bears N 05° 19' 33" W, 1.19'; |
|
THENCE N 89° 06' 37" E, with the common north line said JASC |
|
Investments Inc. tract and the south line of said Rodney L. Steed |
|
and wife, Tommie S. Steed tract, a distance of 220.24 feet to a 1/2" |
|
iron rod found for the common southeast corner of said Rodney L. |
|
Steed and wife, Tommie S. Steed tract and the southwest corner of |
|
that tract of land described as Tract I as conveyed in Deed to |
|
Tommie S. Steed and Rodney L. Steed, according to the document of |
|
record filed in Document Number 20071011001400330, Official Public |
|
Records, Collin County, Texas; |
|
THENCE N 89° 35' 00" E, with the common north line said JASC |
|
Investments Inc. tract and the south line of said Tommie S. Steed |
|
and Rodney L. Steed tract, a distance of 220.01 feet to a 1/2" iron |
|
rod found for the common southeast corner of said Tommie S. Steed |
|
and Rodney L. Steed tract and the southwest corner of that tract of |
|
land described as Steed Tract I as conveyed in Deed to Frances L. |
|
Steed, according to the documents of record filed in Document |
|
Number 20160323000342400, in Document Number 20151124001478820, |
|
and in Document Number 20150924001214890, Official Public Records, |
|
Collin County, Texas; |
|
THENCE N 89° 29' 11" E, with the common north line said JASC |
|
Investments Inc. tract and the south line of said Frances L. Steed |
|
tract, a distance of 220.84 feet to a 1/2" iron rod found for the |
|
common southeast corner of said Frances L. Steed tract and the |
|
southwest corner of that tract of land conveyed in Deed to Jacki |
|
Cantrell, Co-Trustee of the Cantrell Family Trust; Kenny Cantrell, |
|
Co-Trustee of the Cantrell Family Trust; and Debbie Cantrell, |
|
Co-Trustee of the Cantrell Family Trust, according to the document |
|
of record filed in Document Number 20071205001624610, Official |
|
Public Records, Collin County, Texas; |
|
THENCE N 89° 45' 20" E, with the common north line said JASC |
|
Investments Inc. tract and the south line of said Cantrell Family |
|
Trust tract, distance of 220.24 feet to a 1/2" iron rod found for |
|
the common southeast corner of said Cantrell Family Trust tract and |
|
the southwest corner of that tract of land conveyed in Deed to |
|
Celina Parkway 28 Partners, LTD, according to the document of |
|
record filed in Document Number 20170616000786060, Official Public |
|
Records, Collin County, Texas; |
|
THENCE N 89° 28' 39" E, with the common north line said JASC |
|
Investments Inc. tract and the south line of said Celina Parkway 28 |
|
Partners, LTD, a distance of 161.26 feet to a 4" metal fence post |
|
found for the common northeast of said JASC Investments Inc. tract |
|
and the most southern southeast corner of said Celina Parkway 28 |
|
Partners, LTD and being in the west line of that tract of land |
|
conveyed in Deed to Leslie C. Hall and Spouse, Barbara P. Hall, |
|
according to the document of record filed in Document Number |
|
19920408000221690, Official Public Records, Collin County, Texas, |
|
from which a wooden fence post found for the common northwest corner |
|
of said Leslie C. Hall and Spouse, Barbara P. Hall tract and an |
|
interior ell corner of said Celina Parkway 28 Partners, LTD tract, |
|
bears N 01 01' 07" W, 145.26'; |
|
THENCE S 01° 00' 02" E, with the common east line of said JASC |
|
Investments Inc. tract and the west line of said Leslie C. Hall and |
|
Spouse, Barbara P. Hall tract, a distance of 199.15 feet to an 8" |
|
wooden fence post found for the common southwest corner of said |
|
Leslie C. Hall and Spouse, Barbara P. Hall tract and the northwest |
|
corner of that tract of land conveyed in Deed to Jerry David Oaks, |
|
according to the document of record filed in Document Number |
|
20110217000181560, Official Public Records, Collin County, Texas, |
|
from which a 1/2" iron rod found bears S 84° 26' 38" W, 2.58'; |
|
THENCE S 00° 23' 10" E, with the common east line of said JASC |
|
Investments Inc. tract and the west line of said Jerry David Oaks |
|
tract, a distance of 552.10 feet to a 1/2" iron rod found for the |
|
common southwest corner of said Jerry David Oaks tract and the |
|
northwest corner of that tract of land conveyed in Deed to Laddie |
|
Garner and wife, Joan Garner, according to the document of record |
|
filed in Book 3969, Page 3021, Official Public Records, Collin |
|
County, Texas, from which a metal fence post bears S 89° 54' 43" E, |
|
6.51'; |
|
THENCE S 00° 30' 47" E, with the common east line of said JASC |
|
Investments Inc. tract and the west line of said to Laddie Garner |
|
and wife, Joan Garner tract, a distance of 573.65 feet to a 1/2" |
|
iron rod with a yellow plastic cap stamped "DAA" set for the common |
|
interior ell corner of said JASC Investments Inc. tract and the |
|
southwest corner of said to Laddie Garner and wife, Joan Garner |
|
tract, from which a 1/2" iron pipe found bears S 88° 47' 55" W, |
|
2.61'; |
|
THENCE N 88° 47' 55" E, with the common north line said JASC |
|
Investments Inc. tract and the south line of said Laddie Garner and |
|
wife, Joan Garner tract a distance of 756.71 feet to a 1/2" iron rod |
|
found; |
|
THENCE S 89° 25' 38" E, continuing with the common line of said JASC |
|
Investments Inc. tract and said Laddie Garner and wife, Joan Garner |
|
tract, a distance of 447.04 feet to a 6" wooden fence post found; |
|
THENCE S 51° 55' 44" E, a distance of 65.81 feet to a wooden fence |
|
post found for the most easterly northeast corner of said JASC |
|
Investments Inc. tract and being in the west line of Farm-to-Market |
|
Road (FM) 455, a 90' right-of-way; |
|
THENCE S 00° 17' 07" E, with the common east line of said JASC |
|
Investments Inc. tract and west line of said Farm-to-Market Road |
|
(FM) 455, a distance of 945.84 feet to a 1/2" iron rod with a yellow |
|
plastic cap stamped "DAA" set for the southeast corner of said JASC |
|
Investments Inc. tract, said being the intersection of the west |
|
line of said FM 455 and the north line of County Road (CR) 9, from |
|
which a 6" wooden fence post bears S 89° 16' 10" W, 2.65'; |
|
THENCE S 89° 16' 10" W, with the common south line of said JASC |
|
Investments Inc. tract and the north line of said County Road (CR) |
|
9, a distance of 2,532.41 feet to a wooden fence post found for the |
|
southwest corner of said JASC Investments Inc. tract, said being in |
|
the east line of the above mentioned Dynavest Joint Venture tract; |
|
THENCE N 01° 29' 13" W, with the common west line of said JASC |
|
Investments Inc. tract and the east line of said Dynavest Joint |
|
Venture tract, a distance of 1,940.30 feet to a 1/2" iron rod with a |
|
red plastic cap stamped "PEISER-MANKIN" found for the common |
|
interior ell corner of said JASC Investments Inc. tract and the most |
|
easterly northeast corner of said Dynavest Joint Venture tract; |
|
THENCE S 88° 23' 39" W, with the common south line of said JASC |
|
Investments Inc. tract and the north line of said Dynavest Joint |
|
Venture tract, a distance of 1,140.47 feet to a 5/8" iron rod found |
|
the common most westerly southwest corner of said JASC Investments |
|
Inc. tract and an interior ell corner of said Dynavest Joint Venture |
|
tract; |
|
THENCE N 01° 16' 34" W, with the common west line of said JASC |
|
Investments Inc. tract and the east line of said Dynavest Joint |
|
Venture tract, a distance of 409.06 feet to the POINT OF BEGINNING, |
|
and containing 108.175 acres of land, more or less. |
|
Tract 9 |
|
BEING a tract of land situated in the Collin County School Land |
|
Survey, Abstract No. 170, Collin County, Texas, Collin County, |
|
Texas, and being all of a called 114.889 acre tract of land |
|
described in a Special Warranty Deed with Vendor's Lien to |
|
RCI-Celina 115 LP, as recorded in Instrument No. 20200306000332040 |
|
of the Official Public Records of Collin County, Texas, being all of |
|
a called 11.202 acre tract of land described in a Special Warranty |
|
Deed with Vendor's Lien to RCI-Celina 115 LP, as recorded in |
|
Instrument No. 20200306000332150 of the Official Public Records of |
|
Collin County, Texas, being all of a called 2.932 acre tract of land |
|
described in a General Warranty Deed with Vendor's Lien to |
|
RCI-Celina 115 LP, as recorded in Instrument No. 20200306000332120 |
|
of the Official Public Records of Collin County, Texas, being all of |
|
a called 0.479 acre tract of land described in a General Warranty |
|
Deed with Vendor's Lien to RCI-Celina 115 LP, as recorded in |
|
Instrument No. 20200306000332180 of the Official Public Records of |
|
Collin County, Texas, and also being all of a called 0.868 acre |
|
tract of land described as Tract 1 and all of a called 0.438 acre |
|
tract of land described as Tract 2 in a General Warranty Deed with |
|
Vendor's Lien to RCI-Celina 115 LP, as recorded in Instrument |
|
No. 20200306000332190 of the Official Public Records of Collin |
|
County, Texas, and also being all of Lots 1 through 5, Block 1, Lots |
|
1 and 2, Block 2, and Lot 1, Block 4 of Malone Addition, an |
|
unrecorded plat, and being more particularly described as follows: |
|
BEGINNING at the southeast corner of said 114.889 acre tract on the |
|
northerly right-of-way line of Malone Street, a variable width |
|
right-of-way, no record found; |
|
THENCE South 88°50'41" West, along the southerly line of said |
|
114.889 acre tract and the northerly right-of-way line of said |
|
Malone Street, a distance of 1212.59 feet to the southerly |
|
southwest corner of said 114.889 acre tract; |
|
THENCE departing the northerly right-of-way line of said Malone |
|
Street and continuing along the southerly line of said 114.889 acre |
|
tract, the following: |
|
North 2°00'20" West, a distance of 155.16 feet to an ell |
|
corner of said 114.889 acre tract; |
|
North 89°57'33" West, a distance of 457.72 feet to the |
|
northeast corner of said 0.479 acre tract; |
|
THENCE South 1°11'25" West, departing the southerly line of said |
|
114.889 acre tract and along the easterly line of said 0.479 acre |
|
tract, a distance of 208.88 feet to the southeast corner of said |
|
0.479 acre tract, being on the northerly right-of-way line of said |
|
Malone Street; |
|
THENCE North 89°56'31" West, along the southerly line of said 0.479 |
|
acre tract and the northerly right-of-way line of said Malone |
|
Street, a distance of 100.00 feet to the southwest corner of said |
|
0.479 acre tract; |
|
THENCE North 1°11'25" East, departing the northerly right-of-way |
|
line of said Malone Street and along the westerly line of said 0.479 |
|
acre tract, a distance of 208.85 feet to the northwest corner of |
|
said 0.479 acre tract, being on the southerly line of said 114.889 |
|
acre tract; |
|
THENCE North 89°57'33" West, along the southerly line of said |
|
114.889 acre tract, a distance of 234.93 feet to the northeast |
|
corner of said Tract 1; |
|
THENCE South 1°15'19" West, departing the southerly line of said |
|
114.889 acre tract and along the easterly line of said Tract 1, a |
|
distance of 187.69 feet to the southeast corner of said Tract 1, |
|
being on the northerly right-of-way line of said Malone Street; |
|
THENCE North 89°29'53" West, along the southerly line of said Tract |
|
1 and the northerly right-of-way line of said Malone Street, a |
|
distance of 200.00 feet to the southwest corner of said Tract 1, |
|
being on the easterly right-of-way line of a 20 foot wide alley; |
|
THENCE North 1°15'01" East, departing the northerly right-of-way |
|
line of said Malone Street, along the westerly line of said Tract 1 |
|
and the easterly right-of-way line of said 20 foot wide alley, a |
|
distance of 190.37 feet to the northwest corner of said Tract 1, |
|
common to the east end of the northerly terminus of said 20 foot |
|
wide alley, being on southerly line of aforesaid 2.932 acre tract; |
|
THENCE North 88°42'26" West, along the northerly terminus of said 20 |
|
foot wide alley and the southerly line of said 2.932 acre tract, a |
|
distance of 20.00 feet to the west end of said terminus, common to |
|
the northeast corner of aforesaid Tract 2; |
|
THENCE South 1°15'01" West, departing the southerly line of said |
|
2.932 acre tract, along the easterly line of said Tract 2 and the |
|
westerly right-of-way line of said 20 foot wide alley, a distance of |
|
190.64 feet to the southeast corner of said Tract 2, being on the |
|
northerly right-of-way line of said Malone Street; |
|
THENCE North 89°29'53" West, departing the westerly right-of-way |
|
line of said 20 foot wide alley, along the southerly line of said |
|
Tract 2 and the northerly right-of-way line of said Malone Street, a |
|
distance of 99.86 feet to the southwest corner of said Tract 2, |
|
being on the easterly line of said 2.932 acre tract; |
|
THENCE South 1°16'58" West, continuing along the northerly |
|
right-of-way line of said Malone Street and along the easterly line |
|
of said 2.932 acre tract, a distance of 17.01 feet to the southerly |
|
southeast corner of said 2.932 acre tract; |
|
THENCE North 88°45'14" West, continuing along the northerly |
|
right-of-way line of said Malone Street and along the southerly |
|
line of said 2.932 acre tract, a distance of 230.05 feet to the |
|
southwest corner of said 2.932 acre tract, being on the easterly |
|
right-of-way line of the St. Louis and San Francisco Railroad, a |
|
100 foot wide right-of-way; |
|
THENCE North 12°26'44" East, departing the northerly right-of-way |
|
line of said Malone Street, along the westerly line of said 2.932 |
|
acre tract and the easterly right-of-way line of said St. Louis and |
|
San Francisco Railroad, a distance of 387.82 feet to the northwest |
|
corner of said 2.932 acre tract, common to the northerly southwest |
|
corner of said 114.889 acre tract; |
|
THENCE North 12°26'19" East, along the westerly line of aforesaid |
|
114.889 acre tract and continuing along the easterly right-of-way |
|
line of said St. Louis and San Francisco Railroad, a distance of |
|
2792.89 feet to the northwest corner of said 114.889 acre tract; |
|
THENCE North 88°55'09" East, departing the easterly right-of-way |
|
line of said St. Louis and San Francisco Railroad and along the |
|
northerly line of said 114.889 acre tract, a distance of 1315.73 |
|
feet to the northeast corner of said 114.889 acre tract; |
|
THENCE along the easterly line of said 114.889 acre tract, the |
|
following: |
|
South 0°14'01" East, a distance of 915.38 feet to a point for |
|
corner; |
|
North 89°52'46" East, a distance of 70.06 feet to a point for |
|
corner; |
|
South 0°21'08" East, a distance of 416.20 feet to a point for |
|
corner; |
|
South 89°36'42" West, a distance of 133.06 feet to a point for |
|
corner; |
|
South 0°18'12" East, a distance of 245.29 feet to the |
|
northwest corner of aforesaid 11.202 acre tract; |
|
THENCE North 89°21'01" East, departing the easterly line of said |
|
114.889 acre tract and along the northerly line of said 11.202 acre |
|
tract, a distance of 321.10 feet to the northeast corner of said |
|
11.202 acre tract; |
|
THENCE along the easterly line of said 11.202 acre tract and the |
|
easterly line of said 114.889 acre tract, the following: |
|
South 1°16'12" East, a distance of 530.89 feet to a point for |
|
corner; |
|
North 88°43'48" East, a distance of 269.14 feet to a point for |
|
corner; |
|
South 2°04'32" East, a distance of 564.22 feet to a point for |
|
corner; |
|
South 0°24'08" West, a distance of 402.60 feet to the POINT OF |
|
BEGINNING and containing 130.809 acres (5,698,027 square feet) of |
|
land, more or less. |
|
(c) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 7909A, Special |
|
District Local Laws Code, as added by Section 2(a) of this Act, is |
|
amended by adding Section 7909A.0307 to read as follows: |
|
Sec. 7909A.0307. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(d) Section 2(c) is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
(e) This section takes effect September 1, 2021. |
|
SECTION 3. (a) Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 7913A to read as follows: |
|
CHAPTER 7913A. AUSTIN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7913A.0101. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Austin County Municipal |
|
Utility District No. 1. |
|
Sec. 7913A.0102. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 7913A.0103. CONFIRMATION AND DIRECTOR ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five permanent |
|
directors as provided by Section 49.102, Water Code. |
|
Sec. 7913A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section |
|
7913A.0103 until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district. |
|
Sec. 7913A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
|
(a) The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 7913A.0106. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 3(b) of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 3(b) |
|
of the Act enacting this chapter form a closure. A mistake made in |
|
the field notes or in copying the field notes in the legislative |
|
process does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7913A.0201. GOVERNING BODY; TERMS. (a) The district |
|
is governed by a board of five elected directors. |
|
(b) Except as provided by Section 7913A.0202, directors |
|
serve staggered four-year terms. |
|
Sec. 7913A.0202. TEMPORARY DIRECTORS. (a) The temporary |
|
board consists of: |
|
(1) Aaron Horvitz; |
|
(2) Onyinyechi Muilenburg; |
|
(3) Christine Harris; |
|
(4) Regan John O'Connor; and |
|
(5) Carol J Wooldridge. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7913A.0103; or |
|
(2) the fourth anniversary of the effective date of |
|
the Act enacting this chapter. |
|
(c) If permanent directors have not been elected under |
|
Section 7913A.0103 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (d) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7913A.0103; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7913A.0301. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 7913A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 7913A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
|
Section 52, Article III, Texas Constitution, the district may |
|
design, acquire, construct, finance, issue bonds for, improve, |
|
operate, maintain, and convey to this state, a county, or a |
|
municipality for operation and maintenance macadamized, graveled, |
|
or paved roads, or improvements, including storm drainage, in aid |
|
of those roads. |
|
Sec. 7913A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
|
road project must meet all applicable construction standards, |
|
zoning and subdivision requirements, and regulations of each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the road project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
Sec. 7913A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCE OR RESOLUTION. The district shall comply with all |
|
applicable requirements of any ordinance or resolution that is |
|
adopted under Section 54.016 or 54.0165, Water Code, and that |
|
consents to the creation of the district or to the inclusion of land |
|
in the district. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7913A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
|
The district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section |
|
7913A.0403. |
|
(b) The district must hold an election in the manner |
|
provided by Chapters 49 and 54, Water Code, to obtain voter approval |
|
before the district may impose an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(c) The district may not issue bonds payable from ad valorem |
|
taxes to finance a road project unless the issuance is approved by a |
|
vote of a two-thirds majority of the district voters voting at an |
|
election held for that purpose. |
|
Sec. 7913A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 7913A.0401, the |
|
district may impose an operation and maintenance tax on taxable |
|
property in the district in accordance with Section 49.107, Water |
|
Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 7913A.0403. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 7913A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
|
Sec. 7913A.0502. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 7913A.0503. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
|
(b) The Austin County Municipal Utility District No. 1 |
|
initially includes all the territory contained in the following |
|
area: |
|
A 38.118 acre, or 1,660,419 square feet more or less, tract of land, |
|
being a portion of that residue of called 38.143 acre tract of land |
|
conveyed to David Cryan as described in a deed recorded in Clerk's |
|
File No. 153921 of the Official Records of Austin County, Texas, |
|
situated in the San Felipe de Austin Survey, Abstract 5, in the City |
|
of Sealy, Austin County, Texas. Said 38.118 acre tract being more |
|
fully described as follows, with bearings based on the Texas |
|
Coordinate System of 1983, South Central Zone from the North |
|
American Datum of 1983 (NA2011) epoch 2010.00: |
|
BEGINNING: At an iron rod with aluminum cap found in the |
|
centerline of Harrison Road (30 feet wide) as recorded under Volume |
|
Y, Page 318 of the Deed Records of Austin County, Texas and the |
|
northeast corner of said 38.143 acre tract and for the northeast |
|
corner of the herein described tract and being on the west |
|
right-of-way line of Schmidt Road (60 feet wide) a called 3.946 |
|
acres of land as conveyed to the City of Sealy as recorded under |
|
Clerk's File No. 025841 of the official Records of Austin County, |
|
Texas; |
|
THENCE: S 42°42'31" W, along and with the said west right-of-way |
|
line, a distance of 2,864.13 feet to a point to a 1/2 inch iron pipe |
|
with cap stamped "Brown & Gay" found for the southeast corner of the |
|
herein described tract and being on the northeast line of a called |
|
237.88 acre tract as described in a deed to Wal-Mart Stores East, LP |
|
recorded under Clerk's File No. 031749 of the Official Records of |
|
Austin County, Texas; |
|
THENCE: N 47°18'41" W, along and with said northeast line, a |
|
distance of 578.43 feet to an iron rod with a yellow cap stamped |
|
"Pate-Dawson" to be set for the southwest corner of the herein |
|
described tract and the southeast corner of a called 70.00 acres of |
|
land conveyed to David Cryan as recorded in Clerk's File No. 126232 |
|
of the Official Records of Austin County, Texas; |
|
THENCE: N 42°39'39" E, along with said north line, a distance of a |
|
distance of 2,865.17 feet to a 1/2 inch iron rod found in the said |
|
centerline of Harrison Road and for the northwest corner of the |
|
herein described tract and the northeast corner of said 70.00 |
|
acres; |
|
THENCE: S 47°12'30" E, along said centerline of Harrison Road, a |
|
distance of 580.82 feet to the POINT OF BEGINNING, and containing |
|
38.118 acres in the City of Houston, Harris County, Texas. |
|
A 118.535 acre, or 5,163,385 square feet more or less, tract of |
|
land, being a portion of that residue of called 140.000 acre tract |
|
of land conveyed to Ranch County of Texas, Inc. as described in a |
|
deed recorded in Clerk's File No. 081189 of the Official Records of |
|
Austin County, Texas, and a portion of Tract 1, a residue of a |
|
called 55.3 acres of land conveyed to David Cryan as described in a |
|
deed recorded in Clerk's File No. 164420 of the Official Records of |
|
Austin County, Texas, and all of Tract 2, a called 28.172 acres of |
|
land conveyed to David Cryan as described in a deed recorded in |
|
Clerk's File No. 153921 of the Official Records of Austin County, |
|
Texas, and all of Tract 5, a called 6.1259 acres of land conveyed to |
|
David Cryan as described in a deed recorded in Clerk's File |
|
No. 164420 of the Official Records of Austin County, Texas, and all |
|
of Tract 4, a called 6.1259 acres of land conveyed to David Cryan as |
|
described in a deed recorded in Clerk's File No. 164420 of the |
|
Official Records of Austin County, Texas, and all of Tract 3, a |
|
called 6.1259 acres of land conveyed to David Cryan as described in |
|
a deed recorded in Clerk's File No. 164420 of the Official Records |
|
of Austin County, Texas, and all of Tract 2, a called 6.1259 acres |
|
of land conveyed to David Cryan as described in a deed recorded in |
|
Clerk's File No. 164420 of the Official Records of Austin County, |
|
Texas, and all of Parcel 1, a called 5.452 acres of land conveyed to |
|
David Cryan as described in a deed recorded in Clerk's File |
|
No. 191010 of the Official Records of Austin County, Texas, and all |
|
of Parcel 2, a called 5.350 acres of land conveyed to David Cryan as |
|
described in a deed recorded in Clerk's File No. 191010 of the |
|
Official Records of Austin County, Texas, situated in the San |
|
Felipe de Austin Survey, Abstract 5, in the City of Sealy, Austin |
|
County, Texas. Said 118.535 acre tract being more fully described |
|
as follows, with bearings based on the Texas Coordinate System of |
|
1983, South Central Zone from the North American Datum of 1983 |
|
(NA2011) epoch 2010.00: |
|
BEGINNING: At an iron rod with aluminum cap found on the west |
|
right-of-way line of F.M. Highway No. 3013 (width varies) and the |
|
northeast corner of a called 38.69 acre tract of land conveyed to |
|
Jinsung T.E.C. Texas, L.L.C. Texas, L.L.C. as described in a deed |
|
recorded in Clerk's File No. 126413 of the Official Records of |
|
Austin County, Texas, and for the most northerly southeast corner |
|
of the herein described tract; |
|
THENCE: N 47°17'47" W, a distance of 950.10 feet to a 5/8 inch iron |
|
rod found for an interior corner of the herein described tract and |
|
being the northwest corner of said 38.69 acres and on the east line |
|
of said Tract 1, a residue of a called 55.3 acres; |
|
THENCE: S 42°39'37" W, along the common line of said Tract 1, a |
|
residue of a called 55.3 acres and said 38.69 acres, a distance of |
|
1,774.20 feet to an iron rod with aluminum cap found for the |
|
southeast corner of said Tract 1, a residue of a called 55.3 acres |
|
and the southwest corner of said 38.69 acres and for the most |
|
southerly southeast corner of the herein described tract and on the |
|
northerly line of a called 6.362 acres of land conveyed to the City |
|
of Sealy, Texas as recorded in Clerk's File No. 031750 of the |
|
Official Records of Austin County, Texas; |
|
THENCE: N 47°18'41" W, along with said north line, a distance of |
|
1,607.38 feet to an iron rod with aluminum cap found on the east |
|
right-of-way line to Schmidt Road (60 feet wide) a called 3.946 |
|
acres of land as conveyed to the City of Sealy as recorded under |
|
Clerk's File No. 025841 of the official Records of Austin County, |
|
Texas, and the southwest corner said Tract 2 of called 28.172 acres |
|
and the southwest corner of the herein described tract; |
|
THENCE: N 42°42'31" E, along the said east right-of-way line and |
|
along said Tract 2 of called 28.172 acres, a distance of 2,864.02 |
|
feet to an iron rod with aluminum cap found in the centerline of |
|
Harrison Road (30 feet wide) as recorded under Volume Y, Page 318 of |
|
Deed Records of Austin County, Texas and the northwest corner of |
|
said Tract 2 of called 28.172 acres and the northwest corner of the |
|
herein described tract; |
|
THENCE: S 47°12'30" E, along and with said centerline of Harrison |
|
Road, a distance of 1,921.18 feet to a Mag Nail found for the most |
|
northerly northeast corner of the herein described tract and for |
|
the northeast corner of said Parcel 2 and the northwest corner of |
|
said Residue of called 140.000 acres; |
|
THENCE: S 42°38'14" W, along and with the east line of said Parcel |
|
2, a distance of 736.53 feet to an iron rod with aluminum cap found |
|
for an interior corner of the herein described tract and for the |
|
southeast corner of said Parcel 2; |
|
THENCE: S 47°18'33" E, departing said east line and along and with |
|
the north line of said Parcel 1, a distance of 633.63 feet to an iron |
|
rod with aluminum cap found on the west right-of-way line of said |
|
F.M. No. 3013 and the most southerly northeast corner of the herein |
|
described tract; |
|
THENCE: S 42°39'57" W, a distance of 350.05 feet to the POINT OF |
|
BEGINNING, and containing 118.535 acres in the City of Houston, |
|
Harris County, Texas. |
|
(c) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 7913A, Special |
|
District Local Laws Code, as added by Section 3(a) of this Act, is |
|
amended by adding Section 7913A.0306 to read as follows: |
|
Sec. 7913A.0306. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(d) Section 3(c) is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 4. (a) Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 7919A to read as follows: |
|
CHAPTER 7919A. HIGH POINTE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 |
|
OF DENTON COUNTY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7919A.0101. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "City" means the City of Aubrey, Texas. |
|
(4) "Director" means a board member. |
|
(5) "District" means the High Pointe Ranch Municipal |
|
Utility District No. 1 of Denton County. |
|
Sec. 7919A.0102. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 7919A.0103. CONFIRMATION AND DIRECTOR ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district as provided by Section 49.102, |
|
Water Code. |
|
Sec. 7919A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section |
|
7919A.0103 until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district. |
|
Sec. 7919A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
|
(a) The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 7919A.0106. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 4(b) of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 4(b) |
|
of the Act enacting this chapter form a closure. A mistake made in |
|
the field notes or in copying the field notes in the legislative |
|
process does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7919A.0201. GOVERNING BODY; TERMS. (a) The district |
|
is governed by a board of five directors who serve staggered terms |
|
of four years, with two or three directors' terms expiring June 1 of |
|
each even-numbered year. |
|
(b) The governing body of the city, by a majority vote, |
|
shall appoint one member of the board. |
|
(c) The commission shall appoint four members of the board |
|
in the manner provided by Section 7919A.0202. |
|
Sec. 7919A.0202. APPOINTMENT BY COMMISSION. (a) Before |
|
the term of a director appointed by the commission expires, the |
|
board shall recommend to the commission a person to serve as a |
|
successor director. The commission shall appoint as director the |
|
person recommended by the board. |
|
(b) A person recommended by the board under Subsection (a) |
|
must be: |
|
(1) at least 18 years of age; |
|
(2) an owner of property in the district; |
|
(3) an owner of stock, whether beneficial or |
|
otherwise, of a corporate owner of property in the district; |
|
(4) an owner of a beneficial interest in a trust that |
|
owns property in the district; or |
|
(5) an agent, employee, or tenant of a person |
|
described by Subdivision (2), (3), or (4). |
|
Sec. 7919A.0203. VACANCY. (a) Except as provided by |
|
Subsection (b), if a vacancy occurs on the board, the remaining |
|
directors shall appoint a director for the remainder of the |
|
unexpired term. |
|
(b) If a vacancy occurs in the position of the board member |
|
appointed by the city, the city shall appoint a director for the |
|
remainder of the unexpired term. |
|
Sec. 7919A.0204. INITIAL DIRECTORS. (a) The initial |
|
directors that will be replaced by appointment by the commission |
|
are as follows: |
|
(1) Clark Overlander; |
|
(2) Justin Morse; |
|
(3) Zach Stateson; and |
|
(4) Michelle Dobson. |
|
(b) The initial director that will be replaced by |
|
appointment by the governing body of the city is Mark Kaiser. |
|
(c) The initial directors shall determine by lot which two |
|
positions expire after two years, and which three positions expire |
|
after four years. |
|
(d) This section expires March 31, 2026. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7919A.0301. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 7919A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 7919A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
|
Section 52, Article III, Texas Constitution, the district may |
|
design, acquire, construct, finance, issue bonds for, improve, |
|
operate, maintain, and convey to this state, a county, or a |
|
municipality for operation and maintenance macadamized, graveled, |
|
or paved roads, or improvements, including storm drainage, in aid |
|
of those roads. |
|
Sec. 7919A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
|
road project must meet all applicable construction standards, |
|
zoning and subdivision requirements, and regulations of each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the road project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
Sec. 7919A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCE OR RESOLUTION. The district shall comply with all |
|
applicable requirements of any ordinance or resolution that is |
|
adopted under Section 54.016 or 54.0165, Water Code, and that |
|
consents to the creation of the district or to the inclusion of land |
|
in the district. |
|
Sec. 7919A.0306. DIVISION OF DISTRICT. (a) The district |
|
may be divided into two or more new districts only if the district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
(b) This chapter applies to any new district created by |
|
division of the district, and a new district has all the powers and |
|
duties of the district. |
|
(c) A new district created by the division of the district |
|
may not, at the time the new district is created, contain any land |
|
outside the area described by Section 4(b) of the Act enacting this |
|
chapter. |
|
(d) The board, on its own motion or on receipt of a petition |
|
signed by the owner or owners of a majority of the assessed value of |
|
the real property in the district, may adopt an order dividing the |
|
district. |
|
(e) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
7919A.0103 to confirm the district's creation. |
|
(f) An order dividing the district shall: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint temporary directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between the new districts. |
|
(g) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the commission and record the order in the real property |
|
records of each county in which the district is located. |
|
(h) A new district created by the division of the district |
|
shall hold a confirmation and directors' election as required by |
|
Section 7919A.0103. If the voters of a new district do not confirm |
|
the creation of the new district, the assets, obligations, |
|
territory, and governance of the new district revert to the |
|
original district. |
|
(i) If the creation of the new district is confirmed, the |
|
new district shall provide the election date and results to the |
|
commission. |
|
(j) A new district created by the division of the district |
|
must hold an election as required by this chapter to obtain voter |
|
approval before the district may impose a maintenance tax or issue |
|
bonds payable wholly or partly from ad valorem taxes. |
|
(k) Municipal consent to the creation of the district and to |
|
the inclusion of land in the district granted under Section |
|
7919A.0104 acts as municipal consent to the creation of any new |
|
district created by the division of the district and to the |
|
inclusion of land in the new district. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7919A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
|
The district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section |
|
7919A.0403. |
|
(b) The district must hold an election in the manner |
|
provided by Chapters 49 and 54, Water Code, to obtain voter approval |
|
before the district may impose an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(c) The district may not issue bonds payable from ad valorem |
|
taxes to finance a road project unless the issuance is approved by a |
|
vote of a two-thirds majority of the district voters voting at an |
|
election held for that purpose. |
|
Sec. 7919A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 7919A.0401, the |
|
district may impose an operation and maintenance tax on taxable |
|
property in the district in accordance with Section 49.107, Water |
|
Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 7919A.0403. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 7919A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
|
Sec. 7919A.0502. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 7919A.0503. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
|
(b) The High Pointe Ranch Municipal Utility District No. 1 |
|
of Denton County initially includes all the territory contained in |
|
the following area: |
|
HIGH POINTE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 - TRACT 1 |
|
OF a 357.445 acres tract of land out of the Francisco Trevino |
|
Survey, Abstract No. 1243, Denton County, Texas; being all of a |
|
certain 229.479 acres tract (Tract 1), a 32.8 acres tract (Tract 2) |
|
and a 29.885 acres tract (Tract 3), all described in Volume 4257, |
|
Page 1101, Document No. 99-0004597 of the Deed Records of Denton |
|
County, Texas; also being all of a certain 6.874 acres tract |
|
described in Volume 4574, Page 1528, Document No. 00-000036697 and |
|
all of a certain 57.6071 acres tract described in Volume 4483, Page |
|
133, Document No. 99-000123273, both in the Deed Records of Denton |
|
County, Texas; and being further described by metes and bounds as |
|
follows: |
|
BEGINNING at a set "PK" nail in Blackjack Road (paved) and in the |
|
southeast right of way line of U.S. Highway No. 377 and in the |
|
recognized north line of said Francisco Trevino Survey and at the |
|
northwest corner of said 32.8 acres tract for the most northerly |
|
northwest and beginning corner of this tract. Whence the recognized |
|
southwest corner of the Thomas Chambers Survey, Abstract No. 223 |
|
bears South 87°12'41" East 60.40 feet. |
|
THENCE South 87°12'41" East at 60.40 feet pass a "PK" nail at the |
|
southwest corner of a certain 6.164 acres tract (Tract 5) described |
|
in said Volume 4257, Page 1101 and in all 1160.06 feet along said |
|
Blackjack Road to a found "PK" nail at the southeast corner of said |
|
6.164 acres tract for a corner of this tract. |
|
THENCE South 88°09'42" East 505.03 feet to a set "PK" nail in said |
|
Blackjack Road for a corner of this tract. |
|
THENCE South 89°21'04" East 1356.90 feet to a set "PK" nail in said |
|
Blackjack Road for the northeast corner of this tract. |
|
THENCE South 01°40'27" West at 20.69 feet pass a 4" steel post in the |
|
south line of said Blackjack Road and in all 2322.77 feet to a set |
|
capped 1/2" iron rod for the most easterly southeast corner of this |
|
tract. |
|
THENCE South 89°35'01" West at 250.28 feet pass a found capped 1/2" |
|
iron rod at the northeast corner of a certain 27.104 acres tract |
|
described in Document No. 96-000070599 and in all 1539.46 feet to a |
|
found 1/2" iron pipe at the northwest corner of a certain 27.600 |
|
acres tract described in Document No. 96-000070600 for an ell |
|
corner of this tract. |
|
THENCE South 00°10'39" East 956.88 feet to a set capped 1/2" iron rod |
|
in the west line of said 27.600 acres tract for a corner of this |
|
tract. |
|
THENCE South 00°56'07" West 1132.15 feet to a set capped 1/2" iron |
|
rod in the north right of way line of F.M. Highway No. 428 and at the |
|
southwest corner of said 27.600 acres tract for the most southerly |
|
southeast corner of this tract. |
|
THENCE along the north right of way line of said F.M. Highway |
|
No. 428 the following courses and distances: |
|
● South 71°34'50" West 144.40 feet to a set capped 1/2" iron |
|
rod; |
|
● Westerly along the arc of a 07 deg. 21 min. 35 sec. |
|
non-tangent curve to the right having a radius of 778.51 feet, a |
|
central angle of 18 deg. 46 min. 14 sec., a chord of South 82°46'29" |
|
West 253.91 feet and an arc length of 255.05 feet to a set capped |
|
1/2" iron rod; |
|
● South 88°45'46" West 378.48 feet to a set capped 1/2" iron |
|
rod; |
|
● South 89°36'06" West 1349.02 feet to a set capped 1/2" iron |
|
rod; |
|
● And South 89°52'21" West 1364.91 feet to a set capped 1/2" |
|
iron rod in the southeast right of way line of said U.S. Highway |
|
No. 377 for the most southerly southwest corner of this tract; |
|
THENCE North 32°23'53" West 213.57 feet along the southeast right of |
|
way line of said U.S. Highway 377 to a wood right of way marker for |
|
the most westerly southwest corner of this tract. |
|
THENCE North 25°19'53" East 4804.08 feet along the southeast right |
|
of way line of said U.S. Highway No. 377 to a set capped 1/2" iron |
|
rod for the most westerly northwest corner of this tract. |
|
THENCE North 59°03'36" East at 101.21 feet pass a set 1/2" iron rod |
|
and in all 166.34 feet to the POINT OF BEGINNING and containing |
|
357.445 acres of land, more or less. |
|
HIGH POINTE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 - TRACT 2 |
|
BEING a tract of land situated in the F. Trevino Survey, Abstract |
|
No. 1243, Denton County, Texas, and being all of a called 61.667 |
|
acre tract of land described in a General Warranty Deed to Betsy |
|
Turner, as recorded in Instrument No. 97-0010270 of the Official |
|
Records of Denton County, Texas, and being more particularly |
|
described as follows: |
|
BEGINNING at a mag nail set for the northeast corner of said 61.667 |
|
acre tract, common to the northwest corner of a called 41.640 acre |
|
tract of land described in a deed to Michael Ray Self and spouse, |
|
Hannah Carter Self, as recorded in Instrument No. 2020-72317 of the |
|
Official Records of Denton County, Texas, being on the southerly |
|
line of Tract I described in a deed to LTR Dressage, LLC, as |
|
recorded in Instrument No. 2012-60776 of the Official Records of |
|
Denton County, Texas, and in the centerline of Black Jack Road, a |
|
variable width right-of-way, no record found; |
|
THENCE South 0°37'22" West, departing the southerly line of said |
|
Tract I and the centerline of said Black Jack Road, along the |
|
easterly line of said 61.667 acre tract and the westerly line of |
|
said 41.640 acre tract, a distance of 2297.48 feet to a 5/8 inch |
|
iron rod with plastic cap stamped "KHA" set for the southeast corner |
|
of said 61.667 acre tract, common to the southwest corner of said |
|
41.640 acre tract, being on the northerly line of a called 94.58 |
|
acre tract of land described in a deed to Robert J. Houlihan, |
|
Trustee of the Jacqueline A. Houlihan Family Trust, as recorded in |
|
Instrument No. 2015-75670 of the Official Records of Denton County, |
|
Texas; |
|
THENCE South 89°33'30" West, along the southerly line of said 61.667 |
|
acre tract, the northerly line of said 94.58 acre tract and the |
|
northerly line of a called 5.000 acre tract of land described in a |
|
deed to Robert J. Houlihan, as recorded in Instrument |
|
No. 2015-75669 of the Official Records of Denton County, Texas, a |
|
distance of 1184.22 feet to a 5/8 inch iron rod with plastic cap |
|
stamped "KHA" set for the southwest corner of said 61.667 acre |
|
tract, being on the easterly line of a called 166.34 acre tract of |
|
land described in a deed to ALW 377, LLC, as recorded in Instrument |
|
No. 2018-78707 of the Official Records of Denton County, Texas; |
|
THENCE North 1°40'23" East, departing the northerly line of said |
|
94.58 acre tract, along the westerly line of said 61.667 acre tract |
|
and the easterly line of said 166.34 acre tract, a distance of |
|
2319.56 feet to a 1 inch iron pipe found for the northwest corner of |
|
said 61.667 acre tract, common to the northeast corner of said |
|
166.34 acre tract, being on the southerly line of a called 37.115 |
|
acre tract of land described in a deed to Calvin Paul Redfearn, as |
|
recorded in Instrument No. 2014-96676 of the Official Records of |
|
Denton County, Texas, and in the middle of Black Jack Road; |
|
THENCE South 89°23'35" East, along the northerly line of said 61.667 |
|
acre tract, the southerly line of said 37.115 acre tract, the |
|
southerly line of a called 20.236 acre tract of land described in a |
|
deed to Gary Conway and Debbie Conway, as recorded in Instrument |
|
No. 2019-158825 of the Official Records of Denton County, Texas, |
|
and the southerly line of said Tract I, a distance of 1141.49 feet |
|
to the POINT OF BEGINNING and containing 61.611 acres (2,683,778 |
|
square feet) of land, more or less. |
|
HIGH POINTE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 - TRACT 3 |
|
BEING a tract of land situated in the F. Trevino Survey, Abstract |
|
No. 1243, Denton County, Texas, and being all of a called 41.640 |
|
acre tract of land described in a Warranty Deed with Vendor's Lien |
|
to Michael Ray Self and spouse, Hannah Carter Self, as recorded in |
|
Instrument No. 2020-72317 of the Official Records of Denton County, |
|
Texas, and being more particularly described as follows: |
|
BEGINNING at a mag nail set for the northwest corner of said 41.640 |
|
acre tract, common to the northeast corner of a called 61.667 acre |
|
tract of land described in a deed to Betsy Turner, as recorded in |
|
Instrument No. 97-0010270 of the Official Records of Denton County, |
|
Texas, being on the southerly line of Tract I described in a deed to |
|
LTR Dressage, LLC, as recorded in Instrument No. 2012-60776 of the |
|
Official Records of Denton County, Texas, and in the centerline of |
|
Black Jack Road, a variable width right-of-way, no record found; |
|
THENCE South 89°10'02" East, along a northerly line of said 41.640 |
|
acre tract, the southerly line of said Tract I, the southerly line |
|
of a called 22.380 acre tract of land described as Tract II in said |
|
deed recorded in Instrument No. 2012-60776 of the Official Records |
|
of Denton County, Texas, and the centerline of said Black Jack Road, |
|
a distance of 570.47 feet to a 1 inch iron pipe found for the |
|
northerly northeast corner of said 41.640 acre tract, common to the |
|
northwest corner of a called 14.975 acre tract of land described in |
|
a deed to K & T Swan Family Limited Partnership, L.P., as recorded |
|
in Instrument No. 2017-78524 of the Official Records of Denton |
|
County, Texas; |
|
THENCE South 1°07'20" East, departing the southerly line of said |
|
Tract II and the centerline of said Black Jack Road, along an |
|
easterly line of said 41.640 acre tract and the westerly line of |
|
said 14.975 acre tract, a distance of 1528.04 feet to a 1/2 inch |
|
iron rod found for the southwest corner of said 14.975 acre tract, |
|
common to an ell corner of said 41.640 acre tract; |
|
THENCE South 89°22'10" East, along a northerly line of said 41.640 |
|
acre tract and the southerly line of said 14.975 acre tract, a |
|
distance of 570.06 feet to a 3/8 inch iron rod found for the |
|
southerly northeast corner of said 41.640 acre tract, common to the |
|
southeast corner of said 14.975 acre tract; |
|
THENCE South 1°04'44" East, along an easterly line of said 41.640 |
|
acre tract, a distance of 745.84 feet to a 1/2 inch iron pipe found |
|
for the southeast corner of said 41.640 acre tract, common to the |
|
northeast corner of a called 16.597 acre tract of land described in |
|
a deed to Phillip J. Anton and wife, Karen M. Anton, as recorded in |
|
Instrument No. 95-65740 of the Official Records of Denton County, |
|
Texas; |
|
THENCE South 89°33'30" West, along the southerly line of said 41.640 |
|
acre tract, the northerly line of said 16.597 acre tract, the |
|
northerly line of a called 6.703 acre tract of land described in a |
|
deed to Phillip John Anton and wife, Karen Marie Anton, as recorded |
|
in Instrument No. 2005-92268 of the Official Records of Denton |
|
County, Texas, and the northerly line of a called 94.58 acre tract |
|
of land described in a deed to Robert J. Houlihan, Trustee of the |
|
Jacqueline A. Houlihan Family Trust, as recorded in Instrument |
|
No. 2015-75670 of the Official Records of Denton County, Texas, a |
|
distance of 1209.41 feet to a 5/8 inch iron rod with plastic cap |
|
stamped "KHA" set for the southwest corner of said 41.640 acre |
|
tract, common to the southeast corner of aforesaid 61.667 acre |
|
tract; |
|
THENCE North 0°37'22" East, departing the northerly line of said |
|
94.58 acre tract, along the westerly line of said 41.640 acre tract |
|
and the easterly line of said 61.667 acre tract, a distance of |
|
2297.48 feet to the POINT OF BEGINNING and containing 41.650 acres |
|
(1,814,290 square feet) of land, more or less. |
|
(c) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 7919A, Special |
|
District Local Laws Code, as added by Section 4(a) of this Act, is |
|
amended by adding Section 7919A.0307 to read as follows: |
|
Sec. 7919A.0307. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(d) Section 4(c) is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
(e) This section takes effect March 31, 2022. |
|
SECTION 5. (a) Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 7933A to read as follows: |
|
CHAPTER 7933A. NORTHWEST DENTON COUNTY MUNICIPAL UTILITY DISTRICT |
|
NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7933A.0101. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Northwest Denton County |
|
Municipal Utility District No. 1. |
|
Sec. 7933A.0102. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 7933A.0103. CONFIRMATION AND DIRECTOR ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five permanent |
|
directors as provided by Section 49.102, Water Code. |
|
Sec. 7933A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section |
|
7933A.0103 until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district. |
|
Sec. 7933A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
|
(a) The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 7933A.0106. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 5(b) of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 5(b) |
|
of the Act enacting this chapter form a closure. A mistake made in |
|
the field notes or in copying the field notes in the legislative |
|
process does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7933A.0201. GOVERNING BODY; TERMS. (a) The district |
|
is governed by a board of five elected directors. |
|
(b) Except as provided by Section 7933A.0202, directors |
|
serve staggered four-year terms. |
|
Sec. 7933A.0202. TEMPORARY DIRECTORS. (a) The temporary |
|
board consists of: |
|
(1) Lance Martin; |
|
(2) Jason Tuberville; |
|
(3) Zach Stateson; |
|
(4) Clarke Overlander; and |
|
(5) Michelle Dobson. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7933A.0103; or |
|
(2) the fourth anniversary of the effective date of |
|
the section enacting this chapter. |
|
(c) If permanent directors have not been elected under |
|
Section 7933A.0103 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (d) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7933A.0103; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7933A.0301. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 7933A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 7933A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
|
Section 52, Article III, Texas Constitution, the district may |
|
design, acquire, construct, finance, issue bonds for, improve, |
|
operate, maintain, and convey to this state, a county, or a |
|
municipality for operation and maintenance macadamized, graveled, |
|
or paved roads, or improvements, including storm drainage, in aid |
|
of those roads. |
|
Sec. 7933A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
|
road project must meet all applicable construction standards, |
|
zoning and subdivision requirements, and regulations of each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the road project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
Sec. 7933A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCE OR RESOLUTION. The district shall comply with all |
|
applicable requirements of any ordinance or resolution that is |
|
adopted under Section 54.016 or 54.0165, Water Code, and that |
|
consents to the creation of the district or to the inclusion of land |
|
in the district. |
|
Sec. 7933A.0306. DIVISION OF DISTRICT. (a) The district |
|
may be divided into two or more new districts only if the district: |
|
(1) has no outstanding bond debt; and |
|
(2) is not imposing ad valorem taxes. |
|
(b) This chapter applies to any new district created by |
|
division of the district, and a new district has all the powers and |
|
duties of the district. |
|
(c) A new district created by the division of the district |
|
may not, at the time the new district is created, contain any land |
|
outside the area described by Section 5(b) of the Act enacting this |
|
chapter. |
|
(d) The board, on its own motion or on receipt of a petition |
|
signed by the owner or owners of a majority of the assessed value of |
|
the real property in the district, may adopt an order dividing the |
|
district. |
|
(e) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
7933A.0103 to confirm the district's creation. |
|
(f) An order dividing the district shall: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint temporary directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between the new districts. |
|
(g) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the commission and record the order in the real property |
|
records of each county in which the district is located. |
|
(h) Any new district created by the division of the district |
|
shall hold a confirmation and directors' election as required by |
|
Section 7933A.0103. If the voters of a new district do not confirm |
|
the creation of the new district, the assets, obligations, |
|
territory, and governance of the new district revert to the |
|
original district. |
|
(i) Municipal consent to the creation of the district and to |
|
the inclusion of land in the district granted under Section |
|
7933A.0104 acts as municipal consent to the creation of any new |
|
district created by the division of the district and to the |
|
inclusion of land in the new district. |
|
(j) Any new district created by the division of the district |
|
must hold an election as required by this chapter to obtain voter |
|
approval before the district may impose a maintenance tax or issue |
|
bonds payable wholly or partly from ad valorem taxes. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7933A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
|
The district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section |
|
7933A.0403. |
|
(b) The district must hold an election in the manner |
|
provided by Chapters 49 and 54, Water Code, to obtain voter approval |
|
before the district may impose an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(c) The district may not issue bonds payable from ad valorem |
|
taxes to finance a road project unless the issuance is approved by a |
|
vote of a two-thirds majority of the district voters voting at an |
|
election held for that purpose. |
|
Sec. 7933A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 7933A.0401, the |
|
district may impose an operation and maintenance tax on taxable |
|
property in the district in accordance with Section 49.107, Water |
|
Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 7933A.0403. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 7933A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
|
Sec. 7933A.0502. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 7933A.0503. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
|
(b) The Northwest Denton County Municipal Utility District |
|
No. 1 initially includes all the territory contained in the |
|
following area: |
|
NORTHWEST DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO.1 |
|
TRACT 1 |
|
BEING a tract of land situated in the William Mason Survey, Abstract |
|
No. 801, Denton County, Texas, and being all of Lots 1 thru 4 and |
|
portions of Lots 5 and 6, Block A of Saddle Ridge Estates, according |
|
to the Final Plat thereof recorded in Cabinet M, Page 241 of the |
|
Plat Records of Denton County, Texas, and being more particularly |
|
described as follows: |
|
BEGINNING at a 1/2 inch iron rod found for the southeast corner of |
|
said Lot 6, common to the southwest corner of a called 104.5051 acre |
|
tract of land described in a deed to Charles E. Stobaugh, as |
|
recorded in Volume 2827, Page 965 of the Deed Records of Denton |
|
County, Texas, the northwest corner of a called 145.493 acre tract |
|
of land described in a deed to FFILP Land Holdings, LLC, as recorded |
|
in Instrument No. 2019-51911 of the Official Records of Denton |
|
County, Texas, and the northeast corner of a called 26.008 acre |
|
tract of land described in a deed to Dale P. McCurley, as recorded |
|
in Volume 1041, Page 494 of the Deed Records of Denton County, |
|
Texas; |
|
THENCE North 89°57'58" West, along the southerly lines of said Lots |
|
1 thru 6, the northerly line of said 26.008 acre tract, the |
|
northerly line of a tract of land described in a deed to Carl |
|
McCurley, Henry Thompson and V.H. Ward, Jr., as recorded in Volume |
|
663, Page 80 of the Deed Records of Denton County, Texas, the |
|
northerly line of a called 13.004 acre tract of land described in a |
|
deed to McCurley Ranch, Ltd., as recorded in Instrument |
|
No. 1999-126276 of the Official Records of Denton County, Texas, |
|
the northerly line of a called 26.008 acre tract of land described |
|
as Tract 1 in a deed to McCurley Ranch, Ltd., as recorded in |
|
Instrument No. 1999-126276 of the Official Records of Denton |
|
County, Texas, and the northerly line of a called 78.473 acre tract |
|
of land described in a deed to Ray Sullivan Carson, as recorded in |
|
Volume 478, Page 599 of the Deed Records of Denton County, Texas, a |
|
distance of 2531.49 feet to a metal post found for the southwest |
|
corner of said Lot 1, common to the northwest corner of said 78.473 |
|
acre tract, being on the easterly line of a called 100 acre tract of |
|
land described in a deed to Adrian J. Butler, Jr., and Margaret J. |
|
Butler, as recorded in Instrument No. 1995-47603 of the Official |
|
Records of Denton County, Texas; |
|
THENCE North 0°14'24" East, along the westerly line of said Lot 1, |
|
the easterly line of said 100 acre tract, and the easterly lines of |
|
a called 100.00 acre tract of land described as First Tract and a |
|
called 76.691 acre tract of land described as Second Tract in a deed |
|
to M.B. Rudman and Alvrone Sater Trust No. 3, as recorded in Volume |
|
963, Page 78 of the Deed Records of Denton County, Texas, a distance |
|
of 2775.82 feet to the northwest corner of said Lot 1, common to the |
|
southwest corner of a 30 foot wide road dedication as shown on the |
|
Final Plat of aforesaid Saddle Ridge Estates, same being on the |
|
southerly right-of-way line of Hoehn Road, a variable width |
|
right-of-way; |
|
THENCE South 89°18'18" East, departing the easterly line of said |
|
First Tract, along northerly lines of said Lots 1 thru 5, the |
|
southerly line of said 30 foot wide road dedication and the |
|
southerly right-of-way line of said Hoehn Road, a distance of |
|
1879.75 feet to a point for corner on the westerly line of the City |
|
of Sanger ETJ as shown on its GIS Map as of May 6, 2021; |
|
THENCE South, departing the northerly line of said Lot 5, the |
|
southerly line of said 30 foot wide road dedication and the |
|
southerly right-of-way line of said Hoehn Road, and crossing said |
|
Lot 5 and along the westerly line of said City of Sanger ETJ, a |
|
distance of 389.56 feet to a point at the beginning of a non-tangent |
|
curve to the left having a central angle of 24°26'28", a radius of |
|
5350.00 feet, a chord bearing and distance of South 16°26'37" East, |
|
2264.92 feet; |
|
THENCE in a southeasterly direction continuing across said Lot 5 |
|
and along the westerly line of said City of Sanger ETJ, and crossing |
|
said Lot 6 and with said curve to the left, an arc distance of |
|
2282.21 feet to a point for corner on the easterly line of said Lot 6 |
|
and the westerly line of said 104.5051 acre tract; |
|
THENCE South 0°15'53" West, along the easterly line of said Lot 6 and |
|
the westerly line of said 104.5051 acre tract, a distance of 192.66 |
|
feet to the POINT OF BEGINNING and containing 134.280 acres |
|
(5,849,251 square feet) of land, more or less. |
|
Bearing system based on the Texas Coordinate System of 1983, North |
|
Central Zone (4202), North American Datum of 1983. |
|
NORTHWEST DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO.1 |
|
TRACT 2 |
|
BEING a tract of land situated in the B.B.B. & C.R.R. Co. Survey, |
|
Abstract No. 199 and the B.B.B. & C.R.R. Co. Survey, Abstract |
|
No. 1457, Denton County, Texas, and being all of a called 100.00 |
|
acre tract of land described as First Tract and all of a called |
|
76.691 acre tract of land described as Second Tract in a Conveyance, |
|
Assignment and Deed to MER Energy, LTD., as recorded in Instrument |
|
No. 2011-110535 of the Official Records of Denton County, Texas, in |
|
a Conveyance, Assignment and Deed to Rudco Land, LLC, as recorded in |
|
Instrument No. 2017-16370 of the Official Records of Denton County, |
|
Texas, and in Conveyance, Assignment and Deed of Correction to Ira |
|
W. Silverman, Trustee of the Tachina Rudman Trust, as recorded in |
|
Instrument No. 2019-142385 of the Official Records of Denton |
|
County, Texas, and being more particularly described as follows: |
|
BEGINNING at a 60D Nail found for the northeast corner of said First |
|
Tract, being on the northerly right-of-way line of Hoehn Road, a |
|
variable width right-of-way; |
|
THENCE South 0°14'24" West, departing the northerly right-of-way |
|
line of said Hoehn Road, crossing said Hoehn Road and along the |
|
easterly line of said First Tract, passing at a distance of 20.84 |
|
feet a 1/2 inch iron rod found for the northwest corner of Saddle |
|
Ridge Estates, according to the plat thereof recorded in Cabinet M, |
|
Slide 241 of the Plat Records of Denton County, Texas, and |
|
continuing along the same course and along the westerly line of said |
|
Saddle Ridge Estates and the easterly line of said Second Tract, for |
|
a total distance of 2600.25 feet to 5/8 inch iron rod with plastic |
|
cap stamped "KHA" set for the southeast corner of said Second Tract, |
|
common to the northeast corner of a called 100 acre tract of land |
|
described in a deed to Adrian J. Butler, Jr., and Margaret J. |
|
Butler, as recorded in Instrument No. 1995-47603 of the Official |
|
Records of Denton County, Texas, from which, a wood post found for |
|
witness bears South 87°24' West, 4.7 feet; |
|
THENCE North 89°29'36" West, departing the westerly line of said |
|
Saddle Ridge Estates, along the southerly line of said Second Tract |
|
and the northerly line of said 100 acre tract, a distance of 2983.73 |
|
feet to a mag nail set for corner the southwest corner of said |
|
Second Tract, common to the northwest corner of said 100 acre tract, |
|
being in Lois Road, a variable width right-of-way, and on the |
|
easterly line of a called 84.23 acre tract of land described in a |
|
deed to Earthland Farms, LLC, as recorded in Instrument |
|
No. 2018-88474 of the Official Records of Denton County, Texas; |
|
THENCE North 0°14'24" East, along the westerly lines of said First |
|
and Second Tract, the easterly line of said 84.23 acre tract, and |
|
said Lois Road, a distance of 2577.69 feet to a mag nail set for |
|
northwest corner of said First Tract, being on the northerly |
|
right-of-way line of said Hoehn Road; |
|
THENCE South 89°55'36" East, departing said Lois Road, along |
|
the northerly line of said First Tract and the northerly |
|
right-of-way line of said Hoehn Road, a distance of 2983.71 feet to |
|
the POINT OF BEGINNING and containing 177.334 (7,724,689 square |
|
feet) of land, more or less. |
|
(c) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 7933A, Special |
|
District Local Laws Code, as added by Section 5(a) of this Act, is |
|
amended by adding Section 7933A.0307 to read as follows: |
|
Sec. 7933A.0307. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(d) Section 5(c) is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 6. (a) Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 7938A to read as follows: |
|
CHAPTER 7938A. EAST COLLIN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7938A.0101. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a board member. |
|
(4) "District" means the East Collin County Municipal |
|
Utility District No. 1. |
|
Sec. 7938A.0102. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 7938A.0103. CONFIRMATION AND DIRECTOR ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five permanent |
|
directors as provided by Section 49.102, Water Code. |
|
Sec. 7938A.0104. CONDITIONS PRECEDENT TO CONFIRMATION |
|
ELECTION. (a) The temporary directors may not hold an election |
|
under Section 7938A.0103 until: |
|
(1) each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district; and |
|
(2) the district has entered into a contract with a |
|
municipality, Collin County, or another entity: |
|
(A) for adequate supplemental police, fire, |
|
emergency, and animal control services for the district; and |
|
(B) that is approved by the Commissioners Court |
|
of Collin County under Subsection (c). |
|
(b) A contract under Subsection (a) may include a provision |
|
that the contract takes effect only on the approval of the |
|
Commissioners Court of Collin County and the voters in the district |
|
voting in an election held for that purpose. |
|
(c) The Commissioners Court of Collin County shall review a |
|
contract under Subsection (a) and evaluate the supplemental police, |
|
fire, emergency, and animal control services provided in the |
|
contract. If the commissioners court determines that the contract |
|
provides adequate services, the commissioners court shall adopt a |
|
resolution stating that the contract has met the requirements of |
|
Subsection (a). |
|
Sec. 7938A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
|
(a) The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 7938A.0106. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 6(b) of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 6(b) |
|
of the Act enacting this chapter form a closure. A mistake made in |
|
the field notes or in copying the field notes in the legislative |
|
process does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7938A.0201. GOVERNING BODY; TERMS. (a) The district |
|
is governed by a board of five elected directors. |
|
(b) Except as provided by Section 7938A.0202, directors |
|
serve staggered four-year terms. |
|
Sec. 7938A.0202. TEMPORARY DIRECTORS. (a) On or after the |
|
effective date of the Act enacting this chapter, the owner or owners |
|
of a majority of the assessed value of the real property in the |
|
district may submit a petition to the commission requesting that |
|
the commission appoint as temporary directors the five persons |
|
named in the petition. The commission shall appoint as temporary |
|
directors the five persons named in the petition. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7938A.0103; or |
|
(2) the fourth anniversary of the effective date of |
|
the section enacting this chapter. |
|
(c) If permanent directors have not been elected under |
|
Section 7938A.0103 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (d) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7938A.0103; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7938A.0301. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 7938A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 7938A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
|
Section 52, Article III, Texas Constitution, the district may |
|
design, acquire, construct, finance, issue bonds for, improve, |
|
operate, maintain, and convey to this state, a county, or a |
|
municipality for operation and maintenance macadamized, graveled, |
|
or paved roads, or improvements, including storm drainage, in aid |
|
of those roads. |
|
Sec. 7938A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
|
road project must meet all applicable construction standards, |
|
zoning and subdivision requirements, and regulations of each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the road project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
(d) The district shall maintain all roads that the district |
|
constructs except for roads constructed by the district that |
|
another governmental entity agrees to maintain. |
|
Sec. 7938A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCE OR RESOLUTION. The district shall comply with all |
|
applicable requirements of any ordinance or resolution that is |
|
adopted under Section 54.016 or 54.0165, Water Code, and that |
|
consents to the creation of the district or to the inclusion of land |
|
in the district. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7938A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
|
The district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section |
|
7938A.0403. |
|
(b) The district must hold an election in the manner |
|
provided by Chapters 49 and 54, Water Code, to obtain voter approval |
|
before the district may impose an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(c) The district may not issue bonds payable from ad valorem |
|
taxes to finance a road project unless the issuance is approved by a |
|
vote of a two-thirds majority of the district voters voting at an |
|
election held for that purpose. |
|
Sec. 7938A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 7938A.0401, the |
|
district may impose an operation and maintenance tax on taxable |
|
property in the district in accordance with Section 49.107, Water |
|
Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 7938A.0403. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 7938A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
|
Sec. 7938A.0502. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 7938A.0503. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
|
(b) The East Collin County Municipal Utility District No. 1 |
|
initially includes all the territory contained in the following |
|
area: |
|
TRACT 1 PROPERTY DESCRIPTION: |
|
BEING 183.834 acres of land situated in the H. Walters |
|
Survey, Abstract No. 958, Collin County, Texas and being all of a |
|
183.753 acre tract of land described in a Deed of Trust executed by |
|
Carl Raymond Montgomery and wife, Rheda Beth Montgomery to Paul |
|
Bennett or James Blakey, trustees, recorded in Volume 2292, Page |
|
279 of the Deed Records of Collin County, Texas (DRCCT) and this |
|
tract being more particularly described as follows: |
|
BEGINNING at a point for corner in a Bois D'Arc tree in the |
|
south line of a 73.279 acre tract described in a Deed to Marilyn |
|
Rice, recorded in Volume 1732, Page 369 (DRCCT), at the northwest |
|
corner of said 183.753 acre tract common to the northeast corner of |
|
a 43.635 acre tract of land described in a Deed to Raymon Webb |
|
Montgomery and Christa Carol Montgomery, recorded as Instrument |
|
No. 20131125001578440 (DRCCT), from which a steel fence post found |
|
for reference bears South 02°54'15" East a distance of 3.23 feet; |
|
THENCE South 89°54'18" East, along the north line of said |
|
183.753 acre tract common to the south line of said 73.279 acre |
|
tract, a distance of 372.95 feet, to a 5/8" iron rod with a yellow |
|
cap, stamped "RPLS 3963", set at an angle point thereof; |
|
THENCE South 89°57'56" East, along the north line of said |
|
183.753 acre tract common to the south lines of said 73.279 acre |
|
tract and the south line of a 33.279 acre tract of land described in |
|
a Deed to Amy Warren, recorded as Instrument No. 20080812000981780 |
|
(DRCCT), a distance of 1003.73 feet, to a 5/8" iron rod found for |
|
corner near the center of a creek at an exterior ell corner of said |
|
183.753 acre tract common to an interior ell corner of said 33.279 |
|
acre tract; |
|
THENCE Southeasterly, along the common lines of said 183.753 |
|
acre tract and 33.279 acre tract, the following courses: |
|
South 00°09'50" West, a distance of 65.91 feet, to a 5/8" iron |
|
rod found for corner; |
|
South 75°09'08" East, a distance of 718.73 feet, to a point |
|
for corner in a west line of a 36.1891 acre tract described in a Deed |
|
to Gene Doc Sohn and Sun Young Choi, husband and wife, and |
|
Kyoungjoon Cho and Eun Young Choi, husband and wife, recorded as |
|
Instrument No. 20141113001243240 (DRCCT) at the northeast corner |
|
of said 183.753 acre tract common to a south corner of said 33.279 |
|
acre tract, from which a 60D Nail, set for reference bears South |
|
13°38'28" East a distance of 26.03 feet; |
|
THENCE along the common lines of said 183.753 acre tract and |
|
said 36.1891 acre tract, the following courses: |
|
South 00°53'07" West, a distance of 32.60 feet, to a 5/8" iron |
|
rod found for corner; |
|
South 82°38'52" West, a distance of 22.40 feet, to a 5/8" iron |
|
rod found for corner; |
|
THENCE South 00°12'03" West, along an east line of said |
|
183.753 acre tract common to the west lines of said 36.1891 acre |
|
tract, a 50.001 acre tract described in a Deed to David Reeder and |
|
wife, Becky Reeder, recorded as Instrument No. 92-0071701 (DRCCT), |
|
and Spencers Estates Addition, an Addition to Collin County, |
|
Texas, recorded in Cabinet H, Slide 622 of the Plat Records of |
|
Collin County, Texas (PRCCT), respectively, a distance of 3528.84 |
|
feet, to a 1/2" iron rod found for corner in the north right-of-way |
|
line of FM 1778 (a 90' a right-of-way) at the southeast corner of |
|
said 183.753 acre tract common to the southwest corner of last |
|
mentioned Addition; |
|
THENCE South 86°40'47" West, along a south line of said |
|
183.753 acre tract common to the north right-of-way line of said FM |
|
1778, a distance of distance of 430.99 feet, to a 5/8" iron rod with |
|
a yellow cap, stamped "RPLS 3963", set for corner at an exterior ell |
|
corner of said 183.753 acre tract common to the southeast corner of |
|
a 2.00 acre tract described in a Deed to Raymon W. Montgomery, |
|
recorded in Volume 2990, Page 495 (DRCCT); |
|
THENCE along common lines of said 183.753 acre tract and said |
|
2.00 acre tract, the following courses: |
|
North 00°42'56" West, a distance of 540.84 feet, to a 5/8" |
|
iron rod found for corner; |
|
South 85°10'46" West, a distance of 161.95 feet, to a 1/2" |
|
iron rod found for corner; |
|
South 00°43'58" East, a distance of 540.10 feet, to a 5/8" |
|
iron rod with a yellow cap, stamped "RPLS 3963", set for corner in |
|
the north right-of-way line of said FM 1778 at an exterior ell |
|
corner of said 183.753 acre tract common to the southwest corner of |
|
said 2.00 acre tract; |
|
THENCE along the common lines of said 183.753 acre tract and |
|
the right-of-way lines of said FM 1778, the following courses: |
|
South 85°09'47" West, a distance of 358.92 feet, to a 5/8" |
|
iron rod found for corner at the beginning of a tangent curve to the |
|
right, having a radius of 2820.26 feet, and a chord which bears |
|
South 87°45'47" West a distance of 255.85 feet; |
|
Southwesterly, along said curve to the right, having a |
|
central angle of 05°11'58", an arc distance of 255.94 feet, to a 5/8" |
|
iron rod with yellow cap, stamped "RPLS 3963", set for corner; |
|
North 89°38'11" West, a distance of 76.11 feet, to a 5/8" iron |
|
rod found for corner at the southeast corner of a tract of land |
|
described in a Deed to First Baptist Church of Copeville, recorded |
|
in Volume 900, Page 353 (DRCCT); |
|
THENCE along the common lines of said 183.753 acre tract and |
|
said First Baptist Church of Copeville tract, the following |
|
courses: |
|
North 02°55'02" East, a distance of 307.96 feet, to a 5/8" |
|
iron rod with a yellow plastic cap, stamped "RPLS 3963", set for |
|
corner; |
|
North 89°45'11" West, a distance of 517.40 feet, to a wooden |
|
fence post found for corner at the most eastern southeast corner of |
|
said 43.635 acre tract common to the northwest corner of said First |
|
Baptist Church of Copeville tract; |
|
THENCE along the common lines of said 183.753 acre tract and |
|
said 43.635 acre tract, the following courses; |
|
North 63°55'42" West, a distance of 546.96 feet, to a 5/8" |
|
iron rod found for corner; |
|
North 19°42'16" West, a distance of 246.95 feet, to a point |
|
for corner from which an iron axle found for reference bears North |
|
47°16'17" West, a distance of 4.36 feet; |
|
North 88°17'53" East, a distance of 21.83 feet, to a 3/4" iron |
|
pipe found for corner; |
|
North 05°29'46" East, a distance of 3124.24 feet, to THE POINT |
|
OF BEGINNING and containing 8,007,806 square feet, or 183.834 acres |
|
of land. |
|
TRACT 2 PROPERTY DESCRIPTION: |
|
BEING 43.704 acres of land situated in the H. Walters Survey, |
|
Abstract No. 958, Collin County, Texas and being all of a 43.635 |
|
acre tract of land described in a Deed to Raymon Webb Montgomery and |
|
Christa Carol Montgomery, recorded as Instrument |
|
No. 20131125001578440 of the Deed Records of Collin County, Texas |
|
(DRCCT) and this tract being more particularly described as |
|
follows: |
|
BEGINNING at a 3/8" iron rod found in the east right-of-way |
|
line of Burlington Northern & SF Rail Road at the northwest corner |
|
of said 43.635 acre tract common to the southwest corner of a 73.279 |
|
acre tract of land described in a Deed to Marilyn Rice, recorded in |
|
Volume 1732, Page 369,(DRCCT); |
|
THENCE South 89°23'59" East, along the north line of said |
|
43.635 acre tract common to the south line of said 73.279 acre |
|
tract, a distance of 557.73 feet, to a point for corner in a Bois |
|
D'Arc tree at the northeast corner of said 43.635 acre tract common |
|
to the northwest corner of a 183.753 acre tract of land described in |
|
a Deed of Trust executed by Carl Raymond Montgomery and wife, Rheda |
|
Beth Montgomery to Paul Bennett or James Blakey, trustees, recorded |
|
in Volume 2292, Page 279 (DRCCT), from which a steel fence post |
|
found for reference bears South 02°54'15" East a distance of 3.23 |
|
feet; |
|
THENCE along the common lines of said 43.635 acre tract and |
|
said 183.753 acre tract, the following courses: |
|
South 05°29'46" West, a distance of 3124.24 feet, to a 3/4" |
|
iron pipe found for corner; |
|
South 88°17'53" West, a distance of 21.83 feet, to a point for |
|
corner from which an iron axle found for reference bears North |
|
47°16'17" West a distance of 4.36 feet; |
|
South 19°42'16" East, a distance of 246.95 feet, to a 5/8" |
|
iron rod found for corner; |
|
South 63°55'42" East, a distance of 546.96 feet, to a wooden |
|
fence post found for corner at the most eastern southeast corner of |
|
said 43.635 acre tract common to the northwest corner of a tract of |
|
land described in a Deed to First Baptist Church of Copeville, |
|
recorded in Volume 900, Page 353 (DRCCT); |
|
THENCE South 02°37'47" West, along a southeast line of said |
|
43.635 acre tract common to the west line of said First Baptist |
|
Church of Copeville tract, a distance of 321.86 feet, to a point for |
|
corner near the base of a wood highway marker in the north |
|
right-of-way line of FM 1778 (a 60' right-of-way at this point going |
|
west), at the most southern southeast corner of said 43.635 acre |
|
tract; |
|
THENCE North 89°38'13" West, along a south line of said 43.635 |
|
acre tract common to the north right-of-way line of said FM 1778, a |
|
distance of 282.00 feet, to a point for corner at a south corner of |
|
said 43.635 acre tract common to the southeast corner of a 8.22 acre |
|
tract of land described in a Deed to Susan Annie Potter and Jon |
|
Trace Hailey, recorded as Instrument No. 20101102001194000 |
|
(DRCCT), from which a 1/2" iron rod found for reference bears North |
|
20°20'21" West a distance of 1.42 feet; |
|
THENCE North 20°20'21" West, along a southwest line of said |
|
43.635 acre tract common to the northeast line of said 8.22 acre |
|
tract, a distance of 860.95 feet, to a wood fence post found at a |
|
common corner thereof; |
|
THENCE South 89°34'33" West, along a south line of said 43.635 |
|
acre tract common to the north line of said 8.22 acre tract, a |
|
distance of 617.61 feet, to a 5/8" iron rod found for corner at a |
|
common west corner thereof and being in the east right-of-way line |
|
of said Burlington Northern & SF Rail Road, said point being in a |
|
curve to the left, having a radius of 1960.08 feet and a chord which |
|
bears North 15°08'31" East a distance of 671.75 feet; |
|
THENCE Northeasterly, along the west lines of said 43.635 |
|
acre tract common to the east right-of-way lines of said Burlington |
|
Northern & SF Rail Road, the following courses: |
|
Northeasterly with said curve to the left, having a central |
|
angle of 19°44'01", an arc distance of 675.09 feet, to the point of |
|
tangent; |
|
North 05°16'30" East, a distance of 2468.30 feet, to THE POINT |
|
OF BEGINNING and containing 1,903,758 square feet, or 43.704 acres |
|
of land. |
|
TRACT 3 PROPERTY DESCRIPTION: |
|
BEING 2.002 acres of land situated in the H. Walters Survey, |
|
Abstract No. 958, Collin County, Texas and being all of a 2.00 acre |
|
tract of land described in a Deed to Raymon W. Montgomery, recorded |
|
in Volume 2990, Page 495 of the Deed Records of Collin County, Texas |
|
(DRCCT) and this tract being more particularly described as |
|
follows: |
|
BEGINNING at a 5/8" iron rod with a yellow cap, stamped "RPLS |
|
3963", set for corner in the north right-of-way line of FM 1778 (a |
|
90' right-of-way) at the southeast corner of said 2.00 acre tract |
|
common to an exterior ell corner of a 183.753 acre tract of land |
|
described in a Deed of Trust executed by Carl Raymond Montgomery and |
|
wife, Rheda Beth Montgomery to Paul Bennett or James Blakey, |
|
trustees, recorded in Volume 2292, Page 279 (DRCCT); |
|
THENCE Southwesterly along the south lines of said 2.00 acre |
|
tract common to the north right-of-way lines of said FM 1778, the |
|
following courses: |
|
South 86°40'47" West, a distance of 29.08 feet, to a 5/8" iron |
|
rod with a yellow cap, stamped "RPLS 3963", set for corner; |
|
South 85°09'47" West, a distance of 132.67 feet, to a 5/8" |
|
iron rod with a yellow cap, stamped "RPLS 3963", set for corner at |
|
the southwest corner of said 2.00 acre tract common to an exterior |
|
ell corner of said 183.753 acre tract; |
|
THENCE along the common lines of said 2.00 acre and 183.753 |
|
acre tracts, the following courses: |
|
North 00°43'58" West, a distance of 540.10 feet, to a 1/2" |
|
iron rod found for corner; |
|
North 85°10'46" East, a distance of 161.95 feet, to a 5/8" |
|
iron rod found for corner; |
|
South 00°42'56" East, a distance of 540.84 feet, to THE POINT |
|
OF BEGINNING and containing 87,213 square feet, or 2.002 acres of |
|
land. |
|
(c) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 7938A, Special |
|
District Local Laws Code, as added by Section 6(a) of this Act, is |
|
amended by adding Section 7938A.0306 to read as follows: |
|
Sec. 7938A.0306. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(d) Section 6(c) is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 7. (a) Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 7942A to read as follows: |
|
CHAPTER 7942A. MUSTANG RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF |
|
DENTON COUNTY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7942A.0101. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "City" means the City of Pilot Point, Texas. |
|
(3) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(4) "Director" means a board member. |
|
(5) "District" means the Mustang Ranch Municipal |
|
Utility District No. 1 of Denton County. |
|
Sec. 7942A.0102. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 7942A.0103. CONFIRMATION AND DIRECTOR ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five permanent |
|
directors as provided by Section 49.102, Water Code. |
|
Sec. 7942A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section |
|
7942A.0103 until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district. |
|
Sec. 7942A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
|
(a) The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 7942A.0106. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 7(b) of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 7(b) |
|
of the Act enacting this chapter form a closure. A mistake made in |
|
the field notes or in copying the field notes in the legislative |
|
process does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7942A.0201. GOVERNING BODY; TERMS. (a) The district |
|
is governed by a board of five elected directors. |
|
(b) Except as provided by Section 7942A.0202, directors |
|
serve staggered four-year terms. |
|
Sec. 7942A.0202. TEMPORARY DIRECTORS. (a) On or after |
|
October 1, 2021, the owner or owners of a majority of the assessed |
|
value of the real property in the district may submit a petition to |
|
the commission requesting that the commission appoint as temporary |
|
directors the five persons named in the petition. The commission |
|
shall appoint as temporary directors the five persons named in the |
|
petition. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7942A.0103; or |
|
(2) October 1, 2025. |
|
(c) If permanent directors have not been elected under |
|
Section 7942A.0103 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (d) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7942A.0103; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7942A.0301. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 7942A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 7942A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
|
Section 52, Article III, Texas Constitution, the district may |
|
design, acquire, construct, finance, issue bonds for, improve, |
|
operate, maintain, and convey to this state, a county, or a |
|
municipality for operation and maintenance macadamized, graveled, |
|
or paved roads, or improvements, including storm drainage, in aid |
|
of those roads. |
|
Sec. 7942A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
|
road project must meet all applicable construction standards, |
|
zoning and subdivision requirements, and regulations of each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the road project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
Sec. 7942A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCE OR RESOLUTION. The district shall comply with all |
|
applicable requirements of any ordinance or resolution that is |
|
adopted under Section 54.016 or 54.0165, Water Code, and that |
|
consents to the creation of the district or to the inclusion of land |
|
in the district. |
|
Sec. 7942A.0306. DIVISION OF DISTRICT. (a) The district |
|
may be divided into two or more new districts only if the district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
(b) This chapter applies to any new district created by the |
|
division of the district, and a new district has all the powers and |
|
duties of the district. |
|
(c) Any new district created by the division of the district |
|
may not, at the time the new district is created, contain any land |
|
outside the area described by Section 7(b) of the Act enacting this |
|
chapter. |
|
(d) The board, on its own motion or on receipt of a petition |
|
signed by the owner or owners of a majority of the assessed value of |
|
the real property in the district, may adopt an order dividing the |
|
district. |
|
(e) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
7942A.0103 to confirm the district's creation. |
|
(f) An order dividing the district shall: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint temporary directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between or among the new districts. |
|
(g) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the commission and record the order in the real property |
|
records of each county in which the district is located. |
|
(h) Any new district created by the division of the district |
|
shall hold a confirmation and directors' election as required by |
|
Section 7942A.0103. If the voters of a new district do not confirm |
|
the creation of the new district, the assets, obligations, |
|
territory, and governance of the new district revert to the |
|
original district. |
|
(i) Municipal consent to the creation of the district and to |
|
the inclusion of land in the district granted under Section |
|
7942A.0104 acts as municipal consent to the creation of any new |
|
district created by the division of the district and to the |
|
inclusion of land in the new district. |
|
(j) Any new district created by the division of the district |
|
must hold an election as required by this chapter to obtain voter |
|
approval before the district may impose a maintenance tax or issue |
|
bonds payable wholly or partly from ad valorem taxes. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7942A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
|
The district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section |
|
7942A.0403. |
|
(b) The district must hold an election in the manner |
|
provided by Chapters 49 and 54, Water Code, to obtain voter approval |
|
before the district may impose an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(c) The district may not issue bonds payable from ad valorem |
|
taxes to finance a road project unless the issuance is approved by a |
|
vote of a two-thirds majority of the district voters voting at an |
|
election held for that purpose. |
|
Sec. 7942A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 7942A.0401, the |
|
district may impose an operation and maintenance tax on taxable |
|
property in the district in accordance with Section 49.107, Water |
|
Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 7942A.0403. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 7942A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
|
Sec. 7942A.0502. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 7942A.0503. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
|
(b) The Mustang Ranch Municipal Utility District No. 1 of |
|
Denton County initially includes all the territory contained in the |
|
following area: |
|
BEING a tract of land situated in the Charles Fliesner |
|
Survey, Abstract No. 431 and the Charles Mossenton Survey, Abstract |
|
No. 808, Denton County, Texas, and being all of a called |
|
669.40-acre tract of land conveyed to Michael Hall Shelby Revocable |
|
Family Trust, as evidenced in a Special Warranty Deed, recorded in |
|
Instrument No. 2017-35430 of the Official Records of Denton County, |
|
Texas, and being more particularly described by metes and bounds as |
|
follows: |
|
BEGINNING at a 1/2-inch iron rod with an orange cap, stamped |
|
"KAZ" found for the northwest corner of said 669.40-acre tract and |
|
the northerly, northeast corner of a called 1,028.306-acre tract of |
|
land conveyed to Bert Field, Jr., as evidenced in a Warranty Deed, |
|
recorded in Volume 729, Page 561 of the Deed Records of Denton |
|
County, Texas, same also being on the southerly right of way line of |
|
F. M. 455, an 80' wide right of way as described in a deed to the |
|
State of Texas, recorded in Volume 334, Page 119 of the Deed Records |
|
of Denton County, Texas; |
|
THENCE South 88°35'39" East, along the northerly line of said |
|
669.40-acre tract and the southerly right of way line of said F. M. |
|
455, a distance of 338.12 feet to a 1/2-inch iron rod with an orange |
|
cap, stamped "KAZ" found for the beginning of a tangent curve to the |
|
right having a central angle of 09°46'00", a radius of 2,824.79 |
|
feet, a chord bearing and distance of South 83°42'39" East, 480.93 |
|
feet; |
|
THENCE in a southeasterly direction, continuing along the |
|
northerly line of said 669.40-acre tract and the southerly right of |
|
way line of said F. M. 455, along said curve to the right, an arc |
|
distance of 481.52 feet to a point for corner; |
|
THENCE South 78°49'39" East, continuing along the northerly |
|
line of said 669.40-acre tract and the southerly right of way line |
|
of said F. M. 455, a distance of 1,475.57 feet to a 5/8-inch iron rod |
|
with a red plastic cap, stamped "KHA" set for corner; |
|
THENCE South 78°43'39" East, continuing along the northerly |
|
line of said 669.40-acre tract and the southerly right of way line |
|
of said F. M. 455, a distance of 1657.57 feet to a 1/2-inch iron rod |
|
with an orange cap, stamped "KAZ" found for the beginning of a |
|
tangent curve to the right having a central angle of 06°48'00", a |
|
radius of 3,779.72 feet, a chord bearing and distance of South |
|
75°19'39" East, 448.32 feet; |
|
THENCE in a southeasterly direction, continuing along the |
|
northerly line of said 669.40-acre tract and the southerly right of |
|
way line of said F. M. 455, along said curve to the right, an arc |
|
distance of 448.59 feet to a 1/2-inch iron rod with an orange cap, |
|
stamped "KAZ" found for corner; |
|
THENCE South 71°55'39" East, continuing along the northerly |
|
line of said 669.40-acre tract and the southerly right of way line |
|
of said F. M. 455, a distance of 888.92 feet to a 5/8-inch iron rod |
|
with a red plastic cap, stamped "KHA" set for corner; |
|
THENCE South 71°24'39" East, continuing along the northerly |
|
line of said 669.40-acre tract and the southerly right of way line |
|
of said F. M. 455, a distance of 194.87 feet to a 1/2-inch iron rod |
|
with an orange cap, stamped "KAZ" found for the northeast corner of |
|
said 669.40-acre tract, same being the northwest corner of a called |
|
Tract 2 (137.91-acres), conveyed to Sharon Anne Shelby, as |
|
evidenced in a Partition Deed, recorded in Instrument No. 2016-5887 |
|
of the Official Records of Denton County, Texas; |
|
THENCE South 00°00'05" East, departing the southerly right of |
|
way line of said F. M. 455, along the easterly line of said |
|
669.40-acre tract and the westerly line of said Tract 2 |
|
(137.91-acres), and generally with a barbed wire fence, a distance |
|
of 4,776.49 feet to a 5/8-inch iron rod with a red plastic cap, |
|
stamped "KHA" set in an asphalt road, known as Hames Road, for the |
|
southeast corner of said 669.40-acre tract and the southwest corner |
|
of said Tract 2 (137.91-acres), same being on the northerly line of |
|
a called Tract 1 (87.748-acres), conveyed to TLD Willard, Ltd., as |
|
evidenced in a Special Warranty Deed, recorded in Instrument |
|
No. 2014-111011 of the Official Records of Denton County, Texas; |
|
THENCE North 89°56'35" West, along the southerly line of said |
|
669.40-acre tract, the northerly line of said Tract 1 |
|
(87.748-acres), and along said Hames Road, a distance of 116.68 |
|
feet to a 3/4-inch iron rod found for the northwest corner of said |
|
Tract 1 (87.748-acres) and the northeast corner of a called |
|
12.095-acre tract of land, conveyed to Jeff D. Kappel, et ux, as |
|
evidenced in a Warranty Deed, recorded in Volume 5085, Page 1484 of |
|
the Deed Records of Denton County, Texas; |
|
THENCE North 89°39'47" West, continuing along the southerly |
|
line of said 669.40-acre tract, the northerly line of said |
|
12.095-acre tract and said Hames Road, a distance of 705.49 feet to |
|
a 5/8-inch iron rod found for the northwest corner of said |
|
12.096-acre tract and the northeast corner of a called 6.05-acre |
|
tract, conveyed to Elias Loredo, el al, as evidenced in a Warranty |
|
Deed, recorded in Instrument No. 2016-92822 of the Official Records |
|
of Denton County, Texas; |
|
THENCE North 89°35'57" West, continuing along the southerly |
|
line of said 669.40-acre tract, the northerly line of said |
|
6.05-acre tract and said Hames Road, a distance of 708.43 feet to a |
|
3/4-inch iron rod found in a bend of said Hames Road, for the |
|
northwest corner of said 6.05-acre tract, same being the northeast |
|
corner of a called Tract 2 (146.593-acres), conveyed to TLD |
|
Willard, Ltd., as evidenced in a Special Warranty Deed, recorded in |
|
Instrument No. 2014-111011 of the Official Records of Denton |
|
County, Texas; |
|
THENCE North 89°28'39" West, departing said Hames Road, |
|
continuing along the southerly line of said 699.40-acre tract and |
|
the northerly line of said Tract 2 (146.593-acres), a distance of |
|
3,408.99 feet to a 5/8-inch iron rod with a red plastic cap, stamped |
|
"KHA" set for an angle point; |
|
THENCE North 89°38'21" West, continuing along the southerly |
|
line of said 699.40-acre tract and the northerly line of said Tract |
|
2 (146.593-acres), passing at a distance of 82.62 feet, a found |
|
1/2-inch iron rod, continuing for a total distance of 455.62 feet to |
|
a 1/2-inch iron rod found for the southwest corner of said |
|
699.40-acre tract and a southeasterly corner of aforesaid |
|
1,028.306-acre Bert Fields Jr., tract; |
|
THENCE North 00°24'46" East, along the westerly line of said |
|
699.40-acre tract, the easterly line of said 1,028.306-acre tract, |
|
and along a barbed wire fence, a distance of 5,855.81 feet to the |
|
POINT OF BEGINNING and containing 669.396 acres (29,158,886 square |
|
feet) of land, more or less. |
|
(c) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 7942A, Special |
|
District Local Laws Code, as added by Section 7(a) of this Act, is |
|
amended by adding Section 7942A.0307 to read as follows: |
|
Sec. 7942A.0307. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(d) Section 7(c) is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
(e) This section takes effect October 1, 2021. |
|
SECTION 8. (a) Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 7948A to read as follows: |
|
CHAPTER 7948A. CLEAR SKY MUNICIPAL UTILITY DISTRICT OF DENTON |
|
COUNTY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7948A.0101. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Clear Sky Municipal Utility |
|
District of Denton County. |
|
Sec. 7948A.0102. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 7948A.0103. CONFIRMATION AND DIRECTOR ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five permanent |
|
directors as provided by Section 49.102, Water Code. |
|
Sec. 7948A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section |
|
7948A.0103 until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district. |
|
Sec. 7948A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
|
(a) The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 7948A.0106. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 8(b) of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 8(b) |
|
of the Act enacting this chapter form a closure. A mistake made in |
|
the field notes or in copying the field notes in the legislative |
|
process does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7948A.0201. GOVERNING BODY; TERMS. (a) The district |
|
is governed by a board of five elected directors. |
|
(b) Except as provided by Section 7948A.0202, directors |
|
serve staggered four-year terms. |
|
Sec. 7948A.0202. TEMPORARY DIRECTORS. (a) The temporary |
|
board consists of: |
|
(1) Manolo "Manny" Rios; |
|
(2) David "Mike" Boswell; |
|
(3) Ronald Eric Robbins; |
|
(4) Grant Walsh Devlin; and |
|
(5) Demerius "Dee" Seals. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7948A.0103; or |
|
(2) September 1, 2025. |
|
(c) If permanent directors have not been elected under |
|
Section 7948A.0103 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (d) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7948A.0103; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7948A.0301. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 7948A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 7948A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
|
Section 52, Article III, Texas Constitution, the district may |
|
design, acquire, construct, finance, issue bonds for, improve, |
|
operate, maintain, and convey to this state, a county, or a |
|
municipality for operation and maintenance macadamized, graveled, |
|
or paved roads, or improvements, including storm drainage, in aid |
|
of those roads. |
|
Sec. 7948A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
|
road project must meet all applicable construction standards, |
|
zoning and subdivision requirements, and regulations of each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the road project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
Sec. 7948A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCE OR RESOLUTION. The district shall comply with all |
|
applicable requirements of any ordinance or resolution that is |
|
adopted under Section 54.016 or 54.0165, Water Code, and that |
|
consents to the creation of the district or to the inclusion of land |
|
in the district. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7948A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
|
The district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section |
|
7948A.0403. |
|
(b) The district must hold an election in the manner |
|
provided by Chapters 49 and 54, Water Code, to obtain voter approval |
|
before the district may impose an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(c) The district may not issue bonds payable from ad valorem |
|
taxes to finance a road project unless the issuance is approved by a |
|
vote of a two-thirds majority of the district voters voting at an |
|
election held for that purpose. |
|
Sec. 7948A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 7948A.0401, the |
|
district may impose an operation and maintenance tax on taxable |
|
property in the district in accordance with Section 49.107, Water |
|
Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 7948A.0403. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 7948A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
|
Sec. 7948A.0502. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 7948A.0503. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
|
(b) The Clear Sky Municipal Utility District of Denton |
|
County initially includes all the territory contained in the |
|
following area: |
|
BEING THAT CERTAIN TRACT OF LAND SITUATED IN THE T. CHAMBERS, |
|
ABSTRACT NUMBER 223, AND BEING A PORTION OF A TRACT OF LAND TO |
|
AUBREY 64 NORTH LP, A TEXAS LIMITED PARTNERSHIP, RECORDED IN |
|
INSTRUMENT NUMBER 2020-3173 OF THE OFFICIAL PUBLIC RECORDS OF |
|
DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY |
|
METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING AT THE SOUTHEAST CORNER OF SAID AUBREY 64 NORTH TRACT WITH |
|
A CURVE TO THE LEFT, AN ARC DISTANCE OF 62.71 FEET, THROUGH A |
|
CENTRAL ANGLE OF 00° 40' 50", HAVING A RADIUS OF 5,280.00 FEET, AND A |
|
LONG CHORD WHICH BEARS N 88° 15' 25" W, 62.71 FEET; |
|
THENCE N 88° 35' 50" W, 3237.22 FEET; |
|
THENCE N 01° 32' 58" E, 894.59 FEET; |
|
THENCE S 88° 39' 54" E, 1967.25 FEET; |
|
THENCE S 01° 48' 01" W, 325.45 FEET; |
|
THENCE S 87° 02' 21" E, 447.69 FEET; |
|
THENCE N 89° 38' 44" E, 718.09 FEET; |
|
THENCE S 85° 43' 18" E, 164.97 FEET; |
|
THENCE S 01° 38' 33" W, 65.30 FEET; |
|
THENCE S 01° 13' 27" E, 100.10 FEET; |
|
THENCE S 01° 38' 33" W, 408.13 FEET TO THE POINT OF BEGINNING AND |
|
CONTAINING 2,520,613 SQUARE FEET OR 57.865 ACRES OF LAND MORE OR |
|
LESS. |
|
(c) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 7948A, Special |
|
District Local Laws Code, as added by Section 8(a) of this Act, is |
|
amended by adding Section 7948A.0306 to read as follows: |
|
Sec. 7948A.0306. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(d) Section 8(c) is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
(e) This section takes effect September 1, 2021. |
|
SECTION 9. (a) Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 7945A to read as follows: |
|
CHAPTER 7945A. MUSTANG RIDGE MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7945A.0101. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Mustang Ridge Municipal |
|
Utility District. |
|
Sec. 7945A.0102. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 7945A.0103. CONFIRMATION AND DIRECTOR ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five permanent |
|
directors as provided by Section 49.102, Water Code. |
|
Sec. 7945A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section |
|
7945A.0103 until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district. |
|
Sec. 7945A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
|
(a) The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 7945A.0106. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 9(b) of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 9(b) |
|
of the Act enacting this chapter form a closure. A mistake made in |
|
the field notes or in copying the field notes in the legislative |
|
process does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7945A.0201. GOVERNING BODY; TERMS. (a) The district |
|
is governed by a board of five elected directors. |
|
(b) Except as provided by Section 7945A.0202, directors |
|
serve staggered four-year terms. |
|
Sec. 7945A.0202. TEMPORARY DIRECTORS. (a) On or after the |
|
effective date of the Act enacting this chapter, the owner or owners |
|
of a majority of the assessed value of the real property in the |
|
district may submit a petition to the commission requesting that |
|
the commission appoint as temporary directors the five persons |
|
named in the petition. The commission shall appoint as temporary |
|
directors the five persons named in the petition. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7945A.0103; or |
|
(2) the fourth anniversary of the effective date of |
|
the section enacting this chapter. |
|
(c) If permanent directors have not been elected under |
|
Section 7945A.0103 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (d) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7945A.0103; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7945A.0301. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 7945A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 7945A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
|
Section 52, Article III, Texas Constitution, the district may |
|
design, acquire, construct, finance, issue bonds for, improve, |
|
operate, maintain, and convey to this state, a county, or a |
|
municipality for operation and maintenance macadamized, graveled, |
|
or paved roads, or improvements, including storm drainage, in aid |
|
of those roads. |
|
Sec. 7945A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
|
road project must meet all applicable construction standards, |
|
zoning and subdivision requirements, and regulations of each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the road project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
Sec. 7945A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCE OR RESOLUTION. The district shall comply with all |
|
applicable requirements of any ordinance or resolution that is |
|
adopted under Section 54.016 or 54.0165, Water Code, and that |
|
consents to the creation of the district or to the inclusion of land |
|
in the district. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7945A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
|
The district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section |
|
7945A.0403. |
|
(b) The district must hold an election in the manner |
|
provided by Chapters 49 and 54, Water Code, to obtain voter approval |
|
before the district may impose an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(c) The district may not issue bonds payable from ad valorem |
|
taxes to finance a road project unless the issuance is approved by a |
|
vote of a two-thirds majority of the district voters voting at an |
|
election held for that purpose. |
|
Sec. 7945A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 7945A.0401, the |
|
district may impose an operation and maintenance tax on taxable |
|
property in the district in accordance with Section 49.107, Water |
|
Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 7945A.0403. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 7945A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
|
Sec. 7945A.0502. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 7945A.0503. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
|
(b) The Mustang Ridge Municipal Utility District initially |
|
includes all the territory contained in the following area: |
|
BEING A 303.2 ACRE TRACT OUT OF THE JOSE SEFERINA MORA SURVEY NUMBER |
|
6, ABSTRACT NUMBER 522, TRAVIS COUNTY, TEXAS, BEING THE |
|
CONSOLIDATION OF SIX TRACTS OF LAND DESCRIBED HEREIN, BEING ALL OF A |
|
CALLED 91.81 ACRE TRACT, DESCRIBED TO ALTON BROOKS LAWS, JR. AS |
|
RECORDED IN VOLUME 10031, PAGE 431 OF THE REAL PROPERTY RECORDS OF |
|
TRAVIS COUNTY, TEXAS [R.P.R.T.C.T.], AND BEING ALL OF A CALLED |
|
107.33 ACRE TRACT, CONVEYED TO LAWS FAMILY PARTNERSHIP, LTD., AS |
|
RECORDED IN DOCUMENT NUMBER 2008202782 OF THE OFFICIAL PUBLIC |
|
RECORDS OF TRAVIS COUNTY, TEXAS [O.P.R.T.C.T.], AND BEING ALL OF A |
|
CALLED 92.775 TRACT, CONVEYED TO ALTON B. LAWS JR. AND WIFE, JOYCE |
|
KING LAWS, AS RECORDED IN VOLUME 3931, PAGE 2021 OF THE DEED RECORDS |
|
OF TRAVIS COUNTY, TEXAS [D.R.T.C.T.], AND BEING ALL OF A CALLED 6.00 |
|
ACRES, CONVEYED TO ALTON B. LAWS, III, AS RECORDED IN DOCUMENT |
|
NUMBER 2001109391 [O.P.R.T.C.T.], AND BEING ALL OF A CALLED 6.00 |
|
ACRES, CONVEYED TO LARRY L. LAWS AND TERRI R. LAWS, AS RECORDED IN |
|
DOCUMENT NUMBER 2000125247 [O.P.R.T.C.T.], AND BEING ALL OF A |
|
CALLED 1.00 ACRE TRACT, BEING A PORTION OF THAT 114.34 ACRE TRACT |
|
CONVEYED TO ALTON B. LAWS JR. AND WIFE, JOYCE K. LAWS, AS RECORDED |
|
IN VOLUME 174, PAGE 214 [D.R.T.C.T.], SAID 303.2 ACRE TRACT BEING |
|
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING at a 1/2 inch iron rod found for the west corner of said |
|
91.81 acre tract, same being the south corner of a called 91.784 |
|
acre tract described to MRLH, LLC, recorded in Document Number |
|
2020178896 [O.P.R.T.C.T.], same being on the northeast line of a |
|
called 223.25 acre tract, described to H. Philip Whitworth, Jr., |
|
described in Volume 12605, Page 836 [O.P.R.T.C.T.], |
|
THENCE, N42°21'15"E, along the common line of said 91.81 acre tract |
|
and said 91.7984 acre tract, a distance of 3,395.26 feet to a 60D |
|
nail found for the north corner of said 91.81 acre tract, same being |
|
the east corner of said 91.7984 acre tract, also in the southwest |
|
right-of-way of Old Lockhart Highway, a 50-foot wide right-of-way, |
|
recorded in Document Number 2000125247 [O.P.R.T.C.T.], |
|
THENCE with the common lines of said right-of-way, said 91.81 acre |
|
tract, said 6.00 acre Larry L. Laws tract, said 107.33 acre tract, |
|
and said 92.775 acre tract, the following three (3) courses and |
|
distances: |
|
1) S47°20'14"E, a distance of 1,465.76 feet to an angle |
|
point, |
|
2) N42°02'10"E, a distance of 27.63 feet to an angle point, |
|
and |
|
3) S48°15'17"E, a distance of 2,408.01 feet to a 6 inch cedar |
|
fence post, found at the east corner of said 92.775 acre tract and |
|
the tract described herein, same being a point on the said southwest |
|
right-of-way of Old Lockhart Highway, and being on the northwest |
|
right-of-way of Elm Grove Road, a variable width right-of-way, |
|
described in Volume 3426, Page 1348 [D.R.T.C.T.]; |
|
THENCE, S43°03'48"W, along the common line of said 92.775 acre |
|
tract, said 6.00 acre Alton B. Laws tract, and the northwest |
|
right-of-way of said Elm Grove Road, a distance of 3,469.91 feet to |
|
1/2-inch iron rod found for the south corner of said 92.775 acre |
|
tract, and the south corner of the tract described herein, same |
|
being the northerly southeast corner of Lot 2, Elm Grove Estates, a |
|
plat thereof recorded in Volume 92, Pages 263-264 of the Plat |
|
Records of Travis County, Texas, [P.R.T.C.T]; |
|
THENCE, N47°12'40"W, along the common line of said 91.775 acre tract |
|
and said 107.33 acre tract, said 91.81 acre tract, said Lot 2, and |
|
said 223.25 acre tract, a distance of 3,830.62 feet to the POINT OF |
|
BEGINNING of the tract described herein and containing |
|
approximately 303.2 acres. |
|
Basis of bearing is the Texas Coordinate System, Central Zone |
|
[4203], NAD83 (2011), Epoch 2010. |
|
(c) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 7945A, Special |
|
District Local Laws Code, as added by Section 9(a) of this Act, is |
|
amended by adding Section 7945A.0306 to read as follows: |
|
Sec. 7945A.0306. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(d) Section 9(c) is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
(e) This section 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, 2021. |
|
SECTION 10. (a) Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 7954A to read as follows: |
|
CHAPTER 7954A. CLEAR SKY MUNICIPAL UTILITY DISTRICT NO. 1 OF COOKE |
|
COUNTY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7954A.0101. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Clear Sky Municipal Utility |
|
District No. 1 of Cooke County. |
|
Sec. 7954A.0102. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 7954A.0103. CONFIRMATION AND DIRECTOR ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five permanent |
|
directors as provided by Section 49.102, Water Code. |
|
Sec. 7954A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section |
|
7954A.0103 until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district. |
|
Sec. 7954A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
|
(a) The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 7954A.0106. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 10(b) of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section |
|
10(b) of the Act enacting this chapter form a closure. A mistake |
|
made in the field notes or in copying the field notes in the |
|
legislative process does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7954A.0201. GOVERNING BODY; TERMS. (a) The district |
|
is governed by a board of five elected directors. |
|
(b) Except as provided by Section 7954A.0202, directors |
|
serve staggered four-year terms. |
|
Sec. 7954A.0202. TEMPORARY DIRECTORS. (a) On or after |
|
September 1, 2021, the owner or owners of a majority of the assessed |
|
value of the real property in the district may submit a petition to |
|
the commission requesting that the commission appoint as temporary |
|
directors the five persons named in the petition. The commission |
|
shall appoint as temporary directors the five persons named in the |
|
petition. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7954A.0103; or |
|
(2) September 1, 2025. |
|
(c) If permanent directors have not been elected under |
|
Section 7954A.0103 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (d) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7954A.0103; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7954A.0301. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 7954A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 7954A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
|
Section 52, Article III, Texas Constitution, the district may |
|
design, acquire, construct, finance, issue bonds for, improve, |
|
operate, maintain, and convey to this state, a county, or a |
|
municipality for operation and maintenance macadamized, graveled, |
|
or paved roads, or improvements, including storm drainage, in aid |
|
of those roads. |
|
Sec. 7954A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
|
road project must meet all applicable construction standards, |
|
zoning and subdivision requirements, and regulations of each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the road project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
Sec. 7954A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCE OR RESOLUTION. The district shall comply with all |
|
applicable requirements of any ordinance or resolution that is |
|
adopted under Section 54.016 or 54.0165, Water Code, and that |
|
consents to the creation of the district or to the inclusion of land |
|
in the district. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7954A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
|
The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section |
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7954A.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7954A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7954A.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7954A.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7954A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7954A.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7954A.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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(b) The Clear Sky Municipal Utility District No. 1 of Cooke |
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County initially includes all the territory contained in the |
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following area: |
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TRACT ONE |
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FIELD NOTES TO 179.94 ACRES IN THE JOHN ADDA SURVEY ABSTRACT 1177, |
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ET AL, COOKE COUNTY, TEXAS |
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All that certain tract or parcel of land situated in the John Adda |
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Survey Abstract 1177 and the E. Bradley Survey Abstract 34, Cooke |
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County, Texas, being part of a 293.56 acre tract conveyed by Rose |
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Marie Strickland, Trustee to Earl L. Bengtston by deed recorded in |
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Volume 1022, page 263, of the Cooke County Official Public Records, |
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and being more particularly described as follows: |
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BEGINNING at a found steel pin at the Northeast corner of said |
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Bengtston tract, common to the Southeast corner of a tract conveyed |
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to Alvrone Sater by deed recorded in Volume 734, page 275 of the |
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Cooke County Deed Records, in County Road 200, on the West line of a |
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tract conveyed to John Porter Farms, Inc. by deed recorded in Volume |
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626, page 123 of said Deed Records, said beginning corner further |
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being South 00 degrees 11 minutes 30 seconds East, a distance of |
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1219.85 feet from the Southwest corner of the J. R. Davis Survey |
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Abstract 334 in Cooke County. |
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THENCE South 00 degrees 11 minutes 30 seconds East, in said County |
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Road 200, crossing the South line of said Adda Survey, common to the |
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North line of said Bradley Survey, continuing a total of 2824.05 |
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feet to a found steel pin at the Easternmost Southeast corner of |
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said John Porter Farms tract, on the North line of a tract conveyed |
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to Alvrone Sater, Trustee, by deed recorded in Volume 734, page 271 |
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of said Deed Records, at a turn in said County Road 200, on the South |
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line of Cooke County, common to the North line of Denton County as |
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described in said Bengtston deed; |
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THENCE North 89 degrees 51 minutes 52 seconds West, with said North |
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line of said Sater tract, a distance of 40.68 feet to a found steel |
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pin; |
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THENCE South 89 degrees 45 minutes 12 seconds West, a distance of |
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3012.78 feet to a found steel pin at the Southernmost Southeast |
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corner of a tract conveyed to Troy P. Miller, Jr. by deed recorded |
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in Volume 805, page 156 of said Deed Records; |
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THENCE with an old fence line the following courses and distances: |
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North 07 degrees 55 minutes 34 seconds East, crossing the |
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line common to said Adda and Bradley Surveys, a distance of 745.34 |
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feet to a found steel pin, |
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North 19 degrees 20 minutes 59 seconds East, a distance of |
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105.60 feet to a found steel pin, |
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North 10 degrees 07 minutes 43 seconds East, a distance of |
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796.69 feet to a found steel pin, |
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North 72 degrees 35 minutes 49 seconds East, a distance of |
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201.96 feet to a found steel pin; |
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THENCE North 00 degrees 20 minutes 42 seconds East, along or near a |
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fence, a distance of 1157.87 feet to a found steel pin at the |
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Southwest corner of said Sater tract; |
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THENCE South 89 degrees 55 minutes 19 seconds East, along or near a |
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fence, passing a found steel pin at a fence corner on the West line |
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of said County Road 200, continuing a total of 2566.42 feet to the |
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point of beginning containing 179.94 acres of land. |
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(c) If this Act does not receive a two-thirds vote of all the |
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members elected to each house, Subchapter C, Chapter 7954A, Special |
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District Local Laws Code, as added by Section 10(a) of this Act, is |
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amended by adding Section 7954A.0306 to read as follows: |
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Sec. 7954A.0306. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(d) Section 10(c) is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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(e) This section takes effect September 1, 2021. |
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SECTION 11. (a) The legal notice of the intention to file |
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bills creating each district described by this Act has been |
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published as provided by law, and the notice and a copy of this Act |
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have been furnished to all persons, agencies, officials, or |
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entities to which they are required to be furnished under Section |
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59, Article XVI, Texas Constitution, and Chapter 313, Government |
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Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and a copy of a bill to create each district |
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described by this Act to the Texas Commission on Environmental |
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Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to each bill to create each district |
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described by this Act with the governor, the lieutenant governor, |
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and the speaker of the house of representatives within the required |
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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 each bill to create each |
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district described by this Act are fulfilled and accomplished. |
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SECTION 12. Except as otherwise provided by this Act, this |
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Act takes effect immediately if it receives a vote of two-thirds of |
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all the members elected to each house, as provided by Section 39, |
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Article III, Texas Constitution. If this Act does not receive the |
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vote necessary for immediate effect, this Act takes effect |
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September 1, 2021. |
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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. 4627 was passed by the House on May |
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14, 2021, by the following vote: Yeas 105, Nays 40, 2 present, not |
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voting; that the House concurred in Senate amendments to H.B. No. |
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4627 on May 28, 2021, by the following vote: Yeas 94, Nays 53, 1 |
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present, not voting; and that the House adopted H.C.R. No. 116 |
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authorizing certain corrections in H.B. No. 4627 on May 31, 2021, by |
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the following vote: Yeas 130, Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4627 was passed by the Senate, with |
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amendments, on May 26, 2021, by the following vote: Yeas 31, Nays |
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0; and that the Senate adopted H.C.R. No. 116 authorizing certain |
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corrections in H.B. No. 4627 on May 31, 2021, by the following vote: |
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Yeas 31, Nays 0. |
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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 |