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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Tarrant County Municipal Utility |
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District No. 2; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8092 to read as follows: |
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CHAPTER 8092. TARRANT COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8092.0101. 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 Tarrant County Municipal |
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Utility District No. 2. |
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Sec. 8092.0102. 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. 8092.0103. 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. 8092.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8092.0103 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. 8092.0105. 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. 8092.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of 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. 8092.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8092.0202, directors |
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serve staggered four-year terms. |
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Sec. 8092.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) William Christopher Vertin; |
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(2) Mattison Margaret Raiford; |
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(3) Crystal Maddalena; |
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(4) Parker Morgan; and |
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(5) Mitchell Henton. |
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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 8092.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8092.0103 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 8092.0103; 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. 8092.0301. 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. 8092.0302. 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. 8092.0303. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8092.0304. 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. 8092.0305. 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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Sec. 8092.0306. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8092.0103 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8092.0103. If the voters of a new district do not confirm |
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the creation of the new district, the assets, obligations, |
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territory, and governance of the new district revert to the |
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original district. |
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(i) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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(j) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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8092.0104 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(k) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8092.0401. 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 8092.0403. |
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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. 8092.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8092.0401, 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. 8092.0403. 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. 8092.0501. 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. 8092.0502. 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. 8092.0503. 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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SECTION 2. The Tarrant County Municipal Utility District |
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No. 2 initially includes all the territory contained in the |
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following area: |
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TRACT 1 |
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BEING ALL OF THAT TRACT OF LAND IN TARRANT COUNTY, TEXAS, OUT |
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OF THE W. DAVIDSON SURVEY, ABSTRACT NO. 393, AND BEING ALL OF THAT |
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CALLED 119.2 ACRES OF LAND DESCRIBED AS TRACT TWO IN A DEED TO |
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ROBERT W. TEETER ET AL AS RECORDED IN FILE NO. D208204603 OF THE |
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OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, AND BEING FURTHER |
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DESCRIBED AS FOLLOWS: |
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BEGINNING AT A 2 INCH PIPE FOUND AT THE SOUTHEAST CORNER OF |
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SAID 119.2 ACRES, AT THE SOUTHWEST CORNER OF THAT CALLED 13.232 |
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ACRES OF LAND DESCRIBED IN A DEED TO TEXAS ELECTRIC SERVICE COMPANY |
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AS RECORDED IN VOLUME 4688, PAGE 261 OF THE DEED RECORDS OF TARRANT |
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COUNTY, TEXAS AND IN THE NORTH LINE OF THAT CALLED 1.467 ACRES OF |
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LAND DESCRIBED IN A DEED TO KENNY WILSON AS RECORDED IN FILE NO. |
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D218222887 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, |
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FROM WHICH A 1/2 INCH STEEL ROD FOUND CAPPED "BEASLEY" BEARS SOUTH |
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89 DEGREES 59 MINUTES 15 SECONDS EAST, 152.65 FEET FOR WITNESS AND |
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FROM WHICH A CONCRETE MONUMENT WITH 3 INCH DISK STAMPED "TESCO" |
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BEARS SOUTH 41 DEGREES 50 MINUTES 59 SECONDS EAST, 223.00 FEET FOR |
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WITNESS; |
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THENCE NORTH 89 DEGREES 59 MINUTES 15 SECONDS WEST, 439.80 |
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FEET ALONG A SOUTH LINE OF SAID 119.2 ACRES, THE NORTH LINE OF SAID |
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1.467 ACRES AND THE NORTH LINE OF THAT CALLED 1.098 ACRES OF LAND |
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DESCRIBED IN A DEED TO SANDRA K. BABCOCK AS RECORDED IN FILE NO. |
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D215271871 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS |
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TO A 5/8 INCH STEEL ROD FOUND ON THE NORTHEAST SIDE OF A CURVE OF |
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BENNETT LAWSON ROAD, AT AN ANGLE POINT OF SAID 119.2 ACRES AND AT |
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THE NORTHWEST CORNER OF SAID 1.098 ACRES; |
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THENCE ALONG THE COMMON LINE OF SAID BENNETT LAWSON ROAD AND |
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SAID 119.2 ACRES AS FOLLOWS: |
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NORTH 79 DEGREES 45 MINUTES 12 SECONDS WEST, 191.39 FEET TO A |
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COTTON SPINDLE SET FOR CORNER; |
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NORTH 88 DEGREES 59 MINUTES 49 SECONDS WEST, 292.83 FEET TO A |
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1/2 INCH STEEL ROD FOUND CAPPED "METROPLEX"; |
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NORTH 89 DEGREES 18 MINUTES 19 SECONDS WEST, 613.46 FEET TO A |
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1/2 INCH STEEL ROD FOUND; |
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SOUTH 88 DEGREES 42 MINUTES 11 SECONDS WEST, 898.44 FEET TO A |
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1/2 INCH STEEL ROD SET CAPPED "BY-LINE SURVEYING" FOR CORNER; |
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NORTH 75 DEGREES 13 MINUTES 49 SECONDS WEST, 58.55 FEET TO A |
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1/2 INCH STEEL ROD SET CAPPED "BY-LINE SURVEYING" FOR CORNER; |
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NORTH 52 DEGREES 14 MINUTES 38 SECONDS WEST, 819.27 FEET TO A |
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1/2 INCH STEEL ROD SET CAPPED "BY-LINE SURVEYING" FOR CORNER; |
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NORTH 38 DEGREES 17 MINUTES 14 SECONDS WEST, 68.49 FEET TO A |
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1/2 INCH STEEL ROD FOUND CAPPED "METROPLEX"; |
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NORTH 04 DEGREES 09 MINUTES 44 SECONDS WEST, 359.80 FEET TO A |
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1/2 INCH STEEL ROD FOUND CAPPED "METROPLEX"; |
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NORTH 00 DEGREES 24 MINUTES 15 SECONDS WEST, 1,778.44 FEET TO |
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A 1/2 INCH STEEL ROD FOUND CAPPED "METROPLEX"; |
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NORTH 17 DEGREES 22 MINUTES 01 SECONDS EAST, 69.16 FEET TO A |
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1/2 INCH STEEL ROD FOUND CAPPED "METROPLEX"; |
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NORTH 64 DEGREES 40 MINUTES 58 SECONDS EAST, 70.84 FEET TO A |
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1/2 INCH STEEL ROD FOUND WITH YELLOW CAP; |
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NORTH 85 DEGREES 38 MINUTES 01 SECONDS EAST, 283.50 FEET TO A |
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NAIL FOUND NEAR THE INTERSECTION OF THE SOUTH OF BENNETT LAWSON ROAD |
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AND JESSICA LANE; |
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THENCE NORTH 89 DEGREES 47 MINUTES 50 SECONDS EAST, 295.42 |
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FEET ALONG THE SOUTH LINE OF SAID JESSICA LANE AND A NORTH LINE OF |
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SAID 119.2 ACRES TO A POINT AT THE NORTHEAST CORNER OF SAID 119.2 |
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ACRES AND IN THE SOUTHWEST LINE OF SAID 13.232 ACRES, FROM WHICH A |
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1/2 INCH STEEL ROD FOUND BEARS NORTH 89 DEGREES 47 MINUTES 50 |
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SECONDS EAST, 0.85 FEET FOR WITNESS AND FROM WHICH A CONCRETE |
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MONUMENT WITH 3 INCH DISK STAMPED "TESCO" BEARS NORTH 41 DEGREES 50 |
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MINUTES 59 SECONDS WEST, 547.49 FEET FOR WITNESS; |
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THENCE SOUTH 41 DEGREES 50 MINUTES 59 SECONDS EAST, 3,829.89 |
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FEET ALONG THE NORTHEAST LINE OF SAID 119.2 ACRES AND THE SOUTHWEST |
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LINE OF SAID 13.232 ACRES TO THE POINT OF BEGINNING, CONTAINING |
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119.28 ACRES OF LAND. |
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TRACT 2 |
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BEING ALL OF THAT TRACT OF LAND IN TARRANT COUNTY, TEXAS, OUT |
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OF THE W. DAVIDSON SURVEY, ABSTRACT NO. 393 AND S. LYNN SURVEY, |
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ABSTRACT NO. 940, AND BEING ALL OF THAT CALLED 253.4 ACRES OF LAND |
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DESCRIBED AS TRACT ONE IN A DEED TO ROBERT W. TEETER ET AL AS |
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RECORDED IN FILE NO. D208204603 OF THE OFFICIAL PUBLIC RECORDS OF |
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TARRANT COUNTY, TEXAS, AND BEING FURTHER DESCRIBED AS FOLLOWS: |
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BEGINNING AT A 60D NAIL FOUND IN THE BASE OF A 30 INCH OAK TREE |
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AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID 253.4 ACRES, AT THE |
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NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN A DEED TO FLOYD |
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WYNN AND NANCY WYNN AS RECORDED IN VOLUME 12093, PAGE 262 OF THE |
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DEED RECORDS OF TARRANT COUNTY, TEXAS, AT THE SOUTHEAST CORNER OF |
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THAT CALLED 9.986 ACRES OF LAND DESCRIBED AS TRACT 1 IN A DEED TO |
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GARY DON JOHNSON AND WIFE, NANCY K. JOHNSON AS RECORDED IN VOLUME |
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11366, PAGE 1358 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS AND AT |
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THE SOUTHWEST CORNER OF THAT CALLED 21.420 ACRES OF LAND DESCRIBED |
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AS TRACT IV IN A DEED TO TEXAS JPC LLC AS RECORDED IN FILE NO. |
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D218071066 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS; |
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THENCE SOUTH 89 DEGREES 48 MINUTES 13 SECONDS EAST, 869.90 |
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FEET A NORTH LINE OF SAID 253.4 ACRES, THE SOUTH LINE OF SAID 21.420 |
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ACRES AND THE SOUTH LINE OF THAT CALLED 2.426 ACRES OF LAND |
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DESCRIBED AS TRACT V IN SAID TEXAS JPC LLC DEED TO A 3/4 INCH STEEL |
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ROD FOUND AT AN ANGLE POINT OF SAID 253.4 ACRES, AT THE SOUTHEAST |
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CORNER OF SAID 2.426 ACRES AND AT THE SOUTHWEST CORNER OF LOT 8, |
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BLOCK 1 OF THE REATA ESTATES AS RECORDED IN CABINET A, SLIDE 11738 |
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OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; |
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THENCE SOUTH 89 DEGREES 50 MINUTES 04 SECONDS EAST, 954.44 |
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FEET ALONG A NORTH LINE OF SAID 253.4 ACRES AND THE SOUTH LINE OF |
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LOTS 8-12, BLOCK 1 OF THE SAID REATA ESTATES TO A POINT AT THE MOST |
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NORTHERLY NORTHEAST CORNER OF SAID 253.4 ACRES, AT THE SOUTHEAST |
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CORNER OF SAID LOT 12 AND IN THE WEST LINE OF LOT 9, BLOCK 1 OF THE |
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HIDDEN VALLEY ESTATES AS RECORDED IN CABINET A, SLIDE 5333 OF THE |
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PLAT RECORDS OF TARRANT COUNTY, TEXAS, FROM WHICH A 5/8 INCH STEEL |
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ROD FOUND CAPPED "ANA" BEARS NORTH 89 DEGREES 50 MINUTES 04 SECONDS |
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WEST, 0.81 FEET AND A 1/2 INCH STEEL ROD FOUND BEARS SOUTH 89 |
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DEGREES 26 MINUTES 49 SECONDS EAST, 3.76 FEET FOR WITNESS AND FROM |
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WHICH A 1/2 INCH STEEL ROD FOUND WITH 1-1/2 INCH ALUMINUM CAP |
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STAMPED "TARRANT COUNTY" BEARS NORTH 00 DEGREES 36 MINUTES 52 |
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SECONDS WEST, 1,515.31 FEET FOR WITNESS; |
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THENCE SOUTH 00 DEGREES 36 MINUTES 52 SECONDS EAST, 344.09 |
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FEET ALONG A EAST LINE OF SAID 253.4 ACRES AND THE WEST LINE OF LOTS |
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9 AND 10, BLOCK 1 OF SAID HIDDEN VALLEY ESTATES TO A 1/2 INCH STEEL |
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ROD FOUND CAPPED "HARP 2002" AT AN ANGLE POINT OF SAID 253.4 ACRES, |
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AT THE SOUTHWEST CORNER OF SAID LOT 10 OF HIDDEN VALLEY ESTATES AND |
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AT THE NORTHWEST CORNER OF THAT CALLED 50 ACRES OF LAND DESCRIBED IN |
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A DEED TO RICHARD V. DAUGHERTY AS RECORDED IN VOLUME 11836, PAGE 411 |
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OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS; |
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THENCE SOUTH 00 DEGREES 45 MINUTES 58 SECONDS EAST, 1,663.93 |
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FEET ALONG A EAST LINE OF SAID 253.4 ACRES AND THE WEST LINE OF SAID |
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50 ACRES TO A 1/2 INCH STEEL ROD FOUND AT AN ELL CORNER OF SAID 253.4 |
|
|
ACRES AND AT THE SOUTHWEST CORNER OF SAID 50 ACRES; |
|
|
THENCE SOUTH 89 DEGREES 51 MINUTES 09 SECONDS EAST, 1,320.38 |
|
|
FEET ALONG A NORTH LINE OF SAID 253.4 ACRES AND THE SOUTH LINE OF |
|
|
SAID 50 ACRES TO A 5/8 INCH STEEL ROD FOUND AT AN ELL CORNER OF SAID |
|
|
253.4 ACRES AND AT THE SOUTHEAST CORNER OF SAID 50 ACRES; |
|
|
THENCE NORTH 00 DEGREES 08 MINUTES 23 SECONDS EAST, 1,643.61 |
|
|
FEET ALONG A WEST LINE OF SAID 253.4 ACRES AND THE EAST LINE OF SAID |
|
|
50 ACRES TO A 5/8 INCH STEEL ROD FOUND AT THE MOST EASTERLY |
|
|
NORTHWEST CORNER OF SAID 253.4 ACRES, AT THE NORTHEAST CORNER OF |
|
|
SAID 50 ACRES, AT THE SOUTHEAST CORNER OF LOT 11, BLOCK 1 OF SAID |
|
|
HIDDEN VALLEY ESTATES AND AT THE SOUTHWEST CORNER OF THAT CALLED 40 |
|
|
ACRES OF LAND DESCRIBED IN A DEED TO KATHLEEN M. VOELKEL AS RECORDED |
|
|
IN VOLUME 14510, PAGE 40 OF THE DEED RECORDS OF TARRANT COUNTY, |
|
|
TEXAS; |
|
|
THENCE NORTH 88 DEGREES 57 MINUTES 02 SECONDS EAST, 1,313.56 |
|
|
FEET ALONG A NORTH LINE OF SAID 253.4 ACRES, THE SOUTH LINE OF SAID |
|
|
40 ACRES, THE SOUTH LINE OF THAT CALLED 2.151 ACRES OF LAND |
|
|
DESCRIBED AS TRACT 1 IN A DEED TO ANTARES GUY AS RECORDED IN FILE NO. |
|
|
D219049813 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS |
|
|
AND THE SOUTH LINE OF THAT CALLED 1.9332 ACRES OF LAND DESCRIBED AS |
|
|
TRACT 1 IN A DEED TO KATHLEEN VOELKEL AS RECORDED IN FILE NO. |
|
|
D217190898 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS |
|
|
TO A POINT IN A 3 INCH STEEL FENCE POST FOUND AT THE MOST EASTERLY |
|
|
NORTHEAST CORNER OF SAID 253.4 ACRES, AT THE SOUTHEAST CORNER OF |
|
|
SAID 1.9332 ACRES AND IN THE WEST LINE OF THAT CALLED 23.616 ACRES |
|
|
OF LAND DESCRIBED IN A DEED TO JCE TRUST AS RECORDED IN VOLUME 9329, |
|
|
PAGE 731 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS; |
|
|
THENCE SOUTH 00 DEGREES 23 MINUTES 06 SECONDS WEST, 555.35 |
|
|
FEET ALONG A EAST LINE OF SAID 253.4 ACRES AND THE WEST LINE OF SAID |
|
|
23.616 ACRES TO A 1/2 INCH STEEL ROD FOUND AT AN ANGLE POINT OF SAID |
|
|
253.4 ACRES, AT A SOUTHWEST CORNER OF SAID 23.616 ACRES AND AT THE |
|
|
NORTHWEST OR NORTH CORNER OF THAT CALLED 5.242 ACRES OF LAND |
|
|
DESCRIBED IN A DEED TO ROBERT PAUL DENTON AS RECORDED IN FILE NO. |
|
|
D220015759 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS; |
|
|
THENCE SOUTH 00 DEGREES 11 MINUTES 09 SECONDS EAST, 2,070.50 |
|
|
FEET ALONG A EAST LINE OF SAID 253.4 ACRES, THE WEST LINE OF SAID |
|
|
5.242 ACRES AND THE WEST LINE OF THAT CALLED 6.68 ACRES OF LAND |
|
|
DESCRIBED IN A DEED TO JOSHUA KEVIN TERRY AND RACHEL TERRY AS |
|
|
RECORDED IN FILE NO. D217044342 OF THE OFFICIAL PUBLIC RECORDS OF |
|
|
TARRANT COUNTY, TEXAS TO A 1/2 INCH STEEL ROD FOUND CAPPED |
|
|
"METROPLEX" AT THE MOST EASTERLY SOUTHEAST CORNER OF SAID 253.4 |
|
|
ACRES AND IN THE NORTHWEST LINE OF GIBSON CEMETERY ROAD; |
|
|
THENCE SOUTH 58 DEGREES 52 MINUTES 26 SECONDS WEST, 165.76 |
|
|
FEET ALONG A SOUTHEAST LINE OF SAID 253.4 ACRES AND THE NORTHWEST |
|
|
LINE OF SAID GIBSON CEMETERY ROAD TO A 1/2 INCH STEEL ROD SET CAPPED |
|
|
"BY-LINE SURVEYING" AT A SOUTH CORNER OF SAID 253.4 ACRES AND AT THE |
|
|
EAST CORNER OF THAT CALLED 0.26 ACRES OF LAND DESCRIBED IN A DEED TO |
|
|
MILTON DELBERT CARTER AND WIFE, JIMMIE D. CARTER AS RECORDED IN |
|
|
VOLUME 12978, PAGE 286 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS; |
|
|
THENCE NORTH 29 DEGREES 48 MINUTES 14 SECONDS WEST, 114.66 |
|
|
FEET ALONG A SOUTHWEST LINE OF SAID 253.4 ACRES, THE NORTHEAST LINE |
|
|
OF SAID 0.26 ACRES AND ALONG THE NORTHEAST LINE OF THAT CALLED 0.086 |
|
|
ACRES OF LAND DESCRIBED IN A DEED TO E. H. CARTER AND WIFE, VELMA V. |
|
|
CARTER TO A 1/2 INCH STEEL ROD SET CAPPED "BY-LINE SURVEYING" AT AN |
|
|
ELL CORNER OF SAID 253.4 ACRES AND AT THE NORTH CORNER OF SAID 0.086 |
|
|
ACRES; |
|
|
THENCE SOUTH 58 DEGREES 58 MINUTES 05 SECONDS WEST, 130.75 |
|
|
FEET ALONG A SOUTHEAST LINE OF SAID 253.4 ACRES AND THE NORTHWEST |
|
|
LINE OF SAID 0.086 ACRES TO A 1/2 INCH STEEL ROD FOUND AT AN ANGLE |
|
|
POINT OF SAID 253.4 ACRES, AT THE WEST CORNER OF SAID 0.086 ACRES, |
|
|
AT THE WEST CORNER OF SAID 0.26 ACRES AND AT THE NORTH CORNER OF THAT |
|
|
CALLED 0.669 ACRES OF LAND DESCRIBED IN A DEED TO EL DEAN GRAHAM |
|
|
ALDRICH, SR. AND CATHERINE BENNETH ALDRICH AS RECORDED IN FILE NO. |
|
|
D210061249 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS; |
|
|
THENCE SOUTH 82 DEGREES 50 MINUTES 54 SECONDS WEST, 267.07 |
|
|
FEET ALONG A SOUTHEAST LINE OF SAID 253.4 ACRES, THE NORTHWEST LINE |
|
|
OF SAID 0.669 ACRES AND A NORTHWEST LINE OF THAT CALLED 1.78 ACRES |
|
|
OF LAND DESCRIBED IN A DEED TO JOHN WILLIAM WATSON, JR. AND WIFE, |
|
|
ELIZABETH ANN WATSON AS RECORDED IN VOLUME 6485, PAGE 933 OF THE |
|
|
DEED RECORDS OF TARRANT COUNTY, TEXAS; |
|
|
THENCE SOUTH 89 DEGREES 06 MINUTES 24 SECONDS WEST, 2,043.79 |
|
|
FEET ALONG A SOUTH LINE OF SAID 253.4 ACRES, THE NORTH LINE OF SAID |
|
|
1.78 ACRES, THE NORTH LINE OF THAT CALLED 1.824 ACRES OF LAND |
|
|
DESCRIBED IN A DEED TO JOHN P. BLANTON AS RECORDED IN FILE NO. |
|
|
D222217134 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, |
|
|
THE NORTH LINE OF LOT 1 BLOCK 1 OF THE BLANTON ADDITION AS RECORDED |
|
|
IN FILE NO. D219239213 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT |
|
|
COUNTY, TEXAS, THE NORTH LINE OF THAT CALLED 2.30 ACRES OF LAND |
|
|
DESCRIBED IN A DEED TO RENE LUNA AND SANDY LUNA AS RECORDED IN FILE |
|
|
NO. D216277777 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, |
|
|
TEXAS, THE NORTH LINE OF LOTS 1 AND 2 OF THE WRIGHT-MOORE ADDITION |
|
|
AS RECORDED IN FILE NO. D220136051 OF THE PLAT RECORDS OF TARRANT |
|
|
COUNTY, TEXAS, THE NORTH LINE OF 3.078 ACRES AND THAT CALLED 3.929 |
|
|
ACRES OF LAND DESCRIBED IN A DEED TO WILLIE S. WRIGHT AND WIFE, EDNA |
|
|
LEE WRIGHT AS RECORDED IN VOLUME 6610, PAGE 664 OF THE DEED RECORDS |
|
|
OF TARRANT COUNTY, TEXAS, THE NORTH LINE OF THAT CALLED 3.502 ACRES |
|
|
OF LAND DESCRIBED IN A DEED TO LARRY E. SMITHERMAN, JR. AS RECORDED |
|
|
IN FILE NO. D206008331 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT |
|
|
COUNTY, TEXAS, THE NORTH LINE OF THAT CALLED 6.66 ACRES OF LAND |
|
|
DESCRIBED IN A DEED TO STREAMLINE LEASING, INC AS RECORDED IN FILE |
|
|
NO. D218267961 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, |
|
|
TEXAS, THE NORTH LINE OF THAT CALLED 2.34 ACRES OF LAND DESCRIBED IN |
|
|
A DEED TO STREAMLINE LEASING, INC. AS RECORDED IN FILE NO. |
|
|
D217136197 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS |
|
|
AND THE NORTH LINE OF THAT CALLED 2.276 ACRES OF LAND DESCRIBED IN A |
|
|
DEED TO RICHARD WAYNE BROWN AND WIFE, ALISA GAIL BROWN AS RECORDED |
|
|
IN FILE NO. D206366701 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT |
|
|
COUNTY, TEXAS TO A 1/2 INCH STEEL ROD SET CAPPED "BY-LINE SURVEYING" |
|
|
AT AN ELL CORNER OF SAID 253.4 ACRES AND AT THE NORTHWEST CORNER OF |
|
|
SAID 2.276 ACRES, FROM WHICH A 1/2 INCH STEEL ROD FOUND BEARS NORTH |
|
|
89 DEGREES 06 MINUTES 24 SECONDS EAST, 155.57 FEET FOR WITNESS; |
|
|
THENCE SOUTH 00 DEGREES 20 MINUTES 28 SECONDS EAST, 1,237.57 |
|
|
FEET ALONG A EAST LINE OF SAID 253.4 ACRES, THE WEST LINE OF SAID |
|
|
2.276 ACRES AND THE WEST LINE OF THAT CALLED 4.683 ACRES OF LAND |
|
|
DESCRIBED IN A DEED TO PATRICIA MARIE BAINES AS RECORDED IN VOLUME |
|
|
15665, PAGE 438 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS TO A |
|
|
1/2 INCH STEEL ROD FOUND AT A SOUTH CORNER OF SAID 253.4 ACRES AND AT |
|
|
THE NORTHEAST CORNER OF THAT CALLED 13.232 ACRES OF LAND DESCRIBED |
|
|
IN A DEED TO TEXAS ELECTRIC SERVICE COMPANY AS RECORDED IN VOLUME |
|
|
4688, PAGE 261 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS; |
|
|
THENCE NORTH 41 DEGREES 50 MINUTES 59 SECONDS WEST, 3,764.06 |
|
|
FEET ALONG A SOUTHWEST LINE OF SAID 253.4 ACRES AND THE NORTHEAST |
|
|
LINE OF SAID 13.232 ACRES TO A 1/2 INCH STEEL ROD SET CAPPED |
|
|
"BY-LINE SURVEYING" AT A NORTHWEST CORNER OF SAID 253.4 ACRES AND IN |
|
|
THE SOUTH LINE OF JESSICA LANE; |
|
|
THENCE NORTH 88 DEGREES 33 MINUTES 15 SECONDS EAST, 634.59 |
|
|
FEET ALONG A NORTH LINE OF SAID 253.4 ACRES AND THE SOUTH LINE OF |
|
|
JESSICA LANE TO A 1/2 INCH STEEL ROD FOUND AT AN ANGLE POINT OF SAID |
|
|
253.4 ACRES AND AT THE SOUTHWEST CORNER OF THAT CALLED 4.0 ACRES OF |
|
|
LAND DESCRIBED IN A DEED TO R. H. FINCHER AND WIFE, AUDREY FINCHER |
|
|
AS RECORDED IN VOLUME 6930, PAGE 982 OF THE DEED RECORDS OF TARRANT |
|
|
COUNTY, TEXAS; |
|
|
THENCE NORTH 88 DEGREES 46 MINUTES 46 SECONDS EAST, 417.28 |
|
|
FEET ALONG A NORTH LINE OF SAID 253.4 ACRES AND THE SOUTH LINE OF |
|
|
SAID 4.0 ACRES TO A 1/2 INCH STEEL ROD FOUND AT AN ELL CORNER OF SAID |
|
|
253.4 ACRES AND AT THE SOUTHEAST CORNER OF SAID 4.0 ACRES; |
|
|
THENCE NORTH 00 DEGREES 00 MINUTES 38 SECONDS WEST, 417.23 FEET |
|
|
ALONG A WEST LINE OF SAID 253.4 ACRES AND THE EAST LINE OF SAID 4.0 |
|
|
ACRES TO A 1/2 INCH STEEL ROD FOUND AT AN ELL CORNER OF SAID 253.4 |
|
|
ACRES AND AT THE NORTHEAST CORNER OF SAID 4.0 ACRES; |
|
|
THENCE SOUTH 88 DEGREES 47 MINUTES 56 SECONDS WEST, 417.75 |
|
|
FEET ALONG A SOUTH LINE OF SAID 253.4 ACRES AND THE NORTH LINE OF |
|
|
SAID 4.0 ACRES TO A 1/2 INCH STEEL ROD FOUND AT A SOUTHWEST CORNER OF |
|
|
SAID 253.4 ACRES, AT THE NORTHWEST CORNER OF SAID 4.0 ACRES AND IN |
|
|
THE EAST LINE OF THAT CALLED 1.011 ACRES OF LAND DESCRIBED IN A DEED |
|
|
TO ROXANNA WATSON AS RECORDED IN VOLUME 5390, PAGE 348 OF THE DEED |
|
|
RECORDS OF TARRANT COUNTY, TEXAS, FROM WHICH A 1/2 INCH STEEL ROD |
|
|
FOUND BEARS SOUTH 00 DEGREES 04 MINUTES 29 SECONDS EAST, 417.36 FEET |
|
|
FOR WITNESS; |
|
|
THENCE NORTH 00 DEGREES 04 MINUTES 29 SECONDS WEST, 1,094.19 |
|
|
FEET ALONG A WEST LINE OF SAID 253.4 ACRES, THE EAST LINE OF SAID |
|
|
1.011 ACRES, THE EAST LINE OF THAT CALLED 1.003 ACRES OF LAND |
|
|
DESCRIBED IN A DEED TO STEPHEN CALHOUN AS RECORDED IN FILE NO. |
|
|
D222181416 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, |
|
|
THE EAST LINE OF THAT CALLED 0.70 ACRES OF LAND DESCRIBED AS TRACT |
|
|
ONE AND THAT CALLED 1.31 ACRES OF LAND DESCRIBED AS TRACT TWO IN A |
|
|
DEED TO ROGER STITES AND WIFE, ROSEMARY STITES AS RECORDED IN FILE |
|
|
NO. D213014048 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, |
|
|
TEXAS, THE EAST LINE OF THAT CALLED 1.02 ACRES OF LAND DESCRIBED IN |
|
|
A DEED TO PAMELA K. WILSON AS RECORDED IN FILE NO. D222242637 OF THE |
|
|
OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, THE EAST LINE OF |
|
|
THAT CALLED 0.4114 ACRES OF LAND DESCRIBED IN A DEED TO JAMES R. |
|
|
PASKEY AS RECORDED IN VOLUME 14715, PAGE 417 OF THE DEED RECORDS OF |
|
|
TARRANT COUNTY, TEXAS, THE EAST LINE OF THAT CALLED 0.53 ACRES OF |
|
|
LAND DESCRIBED IN A DEED TO MARTIN PRECIADO AND LAURENTINA AYALA |
|
|
VELAZQUEZ AS RECORDED IN FILE NO. D217079549 OF THE OFFICIAL PUBLIC |
|
|
RECORDS OF TARRANT COUNTY, TEXAS AND THE EAST LINE OF SAID WYNN |
|
|
TRACT TO THE POINT OF BEGINNING, CONTAINING 253.48 ACRES OF LAND. |
|
|
SECTION 3. (a) The legal notice of the intention to |
|
|
introduce this Act, setting forth the general substance of this |
|
|
Act, has been published as provided by law, and the notice and a |
|
|
copy of this Act have been furnished to all persons, agencies, |
|
|
officials, or entities to which they are required to be furnished |
|
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
|
Government Code. |
|
|
(b) The governor, one of the required recipients, has |
|
|
submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality. |
|
|
(c) The Texas Commission on Environmental Quality has filed |
|
|
its recommendations relating to this Act with the governor, the |
|
|
lieutenant governor, and the speaker of the house of |
|
|
representatives within the required time. |
|
|
(d) All requirements of the constitution and laws of this |
|
|
state and the rules and procedures of the legislature with respect |
|
|
to the notice, introduction, and passage of this Act are fulfilled |
|
|
and accomplished. |
|
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
|
8092, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 8092.0307 to read as follows: |
|
|
Sec. 8092.0307. NO EMINENT DOMAIN POWER. The district may |
|
|
not exercise the power of eminent domain. |
|
|
(b) This section is not intended to be an expression of a |
|
|
legislative interpretation of the requirements of Section 17(c), |
|
|
Article I, Texas Constitution. |
|
|
SECTION 5. This Act takes effect 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, 2023. |