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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 Highland Park Municipal Utility |
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District of Grayson County; granting a limited power of eminent |
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domain; providing authority to issue bonds; providing authority to |
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impose 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 8000A to read as follows: |
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CHAPTER 8000A. HIGHLAND PARK MUNICIPAL UTILITY DISTRICT OF GRAYSON |
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COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8000A.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 Highland Park Municipal |
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Utility District of Grayson County. |
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Sec. 8000A.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. 8000A.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. 8000A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8000A.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 as required by |
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applicable law. |
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Sec. 8000A.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. 8000A.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. 8000A.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 8000A.0202, directors |
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serve staggered four-year terms. |
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Sec. 8000A.0202. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2023, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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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 8000A.0103; or |
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(2) September 1, 2027. |
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(c) If permanent directors have not been elected under |
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Section 8000A.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 8000A.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. 8000A.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. 8000A.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. 8000A.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. 8000A.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. 8000A.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. 8000A.0306. DIVISION OF DISTRICT. (a) The board, on |
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its own motion or on receipt of a petition signed by the owner or |
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owners of a majority of the assessed value of the real property in |
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the district, may adopt an order dividing the district. |
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(b) An order dividing a district may create one or more new |
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districts and may provide for the continuation of the district. |
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(c) An order dividing the district shall: |
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(1) name any new district; |
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(2) include the metes and bounds description of the |
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territory of each of the districts; |
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(3) appoint temporary directors for any new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the districts. |
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(d) The board may adopt an order dividing the district |
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before or after the date the board holds an election to confirm the |
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district's creation. |
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(e) The district may be divided 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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(f) A 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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(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) 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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(i) A new district created by the division of the district |
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shall hold a confirmation and directors' election. |
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(j) 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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(k) A 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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(l) The district may continue to rely on confirmation, |
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directors', bond, or tax elections held prior to the division. |
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(m) Municipal consent to the creation of the district and to |
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the inclusion of land in the district acts as municipal consent to |
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the creation of any new district created by the division of the |
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district and to the inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8000A.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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8000A.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. 8000A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8000A.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. 8000A.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. 8000A.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. 8000A.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. 8000A.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 Highland Park Municipal Utility District of |
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Grayson County initially includes all the territory contained in |
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the following area: |
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NORTH TRACT: |
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BEING all that certain tract of land situated in the ROBERT THOMPSON |
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SURVEY, ABSTRACT NO. 1199, the ELIZABETH JONES SURVEY, ABSTRACT NO. |
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625, the THOMAS JONES SURVEY, ABSTRACT NO. 635, and the WILLIAM |
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MARTIN SURVEY, Abstract NO. 765, Grayson County, Texas, and being |
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all that certain tract conveyed as North Tract to TLS Investments, |
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L.P., by deed recorded in 2017-27776, Official Public Records, |
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Grayson County, Texas, and being all that certain tract of land |
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conveyed to TLS Investments. L.P., by deeds recorded in Instrument |
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No. 2017-27771 and 2017- 27765, said Official Public Records, and |
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being more particularly described as follows: |
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BEGINNING at a 1/2 inch iron rod with yellow cap found for the |
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Northeast corner of the herein described tract, same being the |
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Northeast corner of said TLS tract (2017-27771), same being in the |
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intersection of OB Groner Road (prescriptive right-of-way) and |
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Bradley Road (prescriptive right-of-way), same being the Southeast |
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corner of that certain tract of land conveyed to Huy Quach and |
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Charles Shao Wu, by deed recorded in Volume 3260, Page 62, said Deed |
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Records, same being in the Westerly line of that certain tract of |
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land conveyed to Munson Realty Co., by deed (no recording |
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information found); |
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THENCE South 14 deg. 18 min. 06 sec. East, along the common line of |
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said TLS tract (2017-27771) and said Munson tract, same being the |
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approximate centerline of said Bradley Road, a distance of 3060.97 |
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feet to a railroad spike found for internal corner, same being in |
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the intersection of said Bradley Road and Old Dorchester Road |
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(prescriptive right-of-way), same being the Southwest corner of |
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said Munson tract; |
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THENCE continuing along the common line of said TLS tract |
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(2017-27771) and said Munson tract, same being the approximate |
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centerline of said Old Dorchester Road as follows: |
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North 55 deg. 30 min. 26 sec. East, a distance of 98.77 feet to a 1/2 |
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inch iron rod with yellow "RPLS 4709" cap found for angle point; |
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North 83 deg. 18 min. 49 sec. East, a distance of 764.38 feet to a |
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nail set with shiner for corner, same being the most Northerly |
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Northwest corner of that certain tract of land conveyed to Trinidad |
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Ranch, LLC, by deed recorded in Instrument No. 2016- 26898, said |
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Official Public Records; |
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THENCE along the common line of said TLS tract (2017-27771) and said |
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Trinidad tract as follows: |
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South 21 deg. 07 min. 44 sec. West, a distance of 229.00 feet to an |
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angle point; |
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South 09 deg. 44 min. 43 sec. West, a distance of 117.88 feet to an |
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angle point; |
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South 76 deg. 29 min. 42 sec. West, a distance of 65.94 feet to an |
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angle point; |
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South 81 deg. 19 min. 47 sec. West, a distance of 60.87 feet to an |
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angle point; |
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South 69 deg. 58 min. 43 sec. West, a distance of 259.82 feet to an |
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angle point; |
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South 05 deg. 47 min. 15 sec. East, a distance of 235.24 feet to an |
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angle point; |
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South 79 deg. 01 min. 46 sec. West, a distance of 26.33 feet to an |
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angle point; |
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South 39 deg. 40 min. 43 sec. West, a distance of 81.98 feet to an |
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angle point; |
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South 53 deg. 03 min. 44 sec. West, a distance of 136.31 feet to a 4 |
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inch Bois D'Arc fence post found for corner; |
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South 15 deg. 10 min. 32 sec. East, passing the Southwest corner of |
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said Trinidad tract, same being the Northwest corner of that |
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certain tract of land conveyed to Paul Wayne Griffin and wife, |
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Debbie A. Griffin, by deed recorded in Volume 4844, Page 892, Deed |
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Records, Grayson County, Texas, and continuing along the common |
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line of said TLS tract (2017-27771) and said Griffin tract, a total |
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distance of 1,833.15 feet to a 12 inch Bois D'Arc fence post found |
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for internal corner; |
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THENCE continuing along the common line of said TLS tract |
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(2017-27771) and said Paul Griffin tract as follows: |
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North 89 deg. 22 min. 07 sec. East, a distance of 427.41 feet to a |
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5/8 inch iron rod with yellow "COX 4577" cap found for corner; |
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South 11 deg. 02 min. 02 sec. East, a distance of 469.42 feet to a |
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5/8 inch iron rod with yellow "COX 4577" cap found for the Southwest |
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corner of said Paul Griffin tract, same being the Northwest corner |
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of that certain tract of land conveyed to Larry Ford Griffin and |
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Cindy Griffin, by deed recorded in Volume 4844, Page 887, said Deed |
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Records; |
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THENCE along the common line of said TLS tract (2017-27771) and said |
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Larry Griffin tract as follows: |
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South 11 deg. 04 min. 24 sec. East, a distance of 1,036.52 feet to a |
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5/8 inch iron rod with yellow "COX 4577" cap found for corner; |
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South 66 deg. 30 min. 49 sec. West, a distance of 305.14 feet to a |
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5/8 inch iron rod with yellow "COX 4577" cap found for corner; |
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South 13 deg. 19 min. 12 sec. East, passing a Southeast corner of |
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said TLS tract (2017-27771), same being that certain tract of land |
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conveyed as "North Tract" to TLS Investments, L.P., by deed |
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recorded in Instrument Number 2017-27776, said Official Public |
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Records, and continuing along the common line of said North Tract |
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and said Larry Griffin tract, a total distance of 535.64 feet to a |
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5/8 inch iron rod with yellow "COX 4577" cap found for corner; |
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THENCE North 86 deg. 45 min. 56 sec. East, continuing along the |
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common line of said North Tract and said Larry Griffin tract, |
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passing a 5/8 inch iron rod with yellow "COX 4577" cap found for the |
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most Southerly Southeast corner of said Larry Griffin tract, same |
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being the most Westerly corner of that certain tract of land |
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conveyed to Andrew Ford Griffin and Kimberly Griffin, by deed |
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recorded in Volume 5178, Page 408, said Deed Records, and |
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continuing along the common line of said North Tract, a total |
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distance of 1,278.43 feet to a 1/2 inch square pipe found for |
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corner; |
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THENCE along the common line of said North Tract and said Andrew |
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Griffin tract as follows: |
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South 15 deg. 22 min. 45 sec. East, a distance of 238.74 feet to a |
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1/2 inch square pipe found for corner; |
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North 88 deg. 40 min. 47 sec. East, a distance of 415.09 feet to a |
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cotton spindle found for the most Easterly corner of said North |
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Tract; |
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South 22 deg. 39 min. 03 sec. West, passing the most Southerly |
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corner of said Andrew Griffin tract, same being the Northwest |
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corner of that certain tract of land conveyed to Fort Dallas, LLC, |
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by deed recorded in Volume 5401, Page 745, said Deed Records, and |
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continuing along the common line of said North Tract and said Fort |
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tract, a total distance of 473.96 feet to an 'X' cut found on bridge |
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for corner; |
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THENCE South 16 deg. 47 min. 39 sec. West, continuing along the |
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common line of said North Tract and said Fort tract, a distance of |
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244.73 feet to a 5/8 inch iron rod found for the Southeast corner of |
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said North Tract, same being the Southwest corner of said Fort |
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tract, same being in the Northerly right-of-way line of Red River, |
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Texas & Southern Railway Co., as described in deed recorded in |
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Volume 136, Page 531, Deed Records, Grayson County; |
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THENCE along the common line of said North Tract and said Railroad |
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as follows: |
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North 84 deg. 47 min. 46 sec. West, a distance of 1,878.81 feet to a |
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T-post found for the beginning of a curve to the left, having a |
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radius of 3148.25 feet and a central angle of 23 deg. 46 min. 40 |
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sec.; |
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Along said curve to the left, an arc distance of 1306.53 feet and a |
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chord bearing and distance of South 83 deg. 18 min. 54 sec. West, |
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1297.17 feet to an angle point; |
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South 71 deg. 54 min. 14 sec. West, passing a Southwest corner of |
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said North Tract, same being the most Southerly Southeast corner of |
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aforesaid TLS tract (2017-27765), and continuing along the common |
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line of said TLS tract (2017-27765) and said Railroad, a total |
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distance of 4,608.36 feet to a point for the Southwest corner of |
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said TLS tract (2017-27765), same being the Southeast corner of |
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that certain tract of land conveyed to Hayden Head, by deed recorded |
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in Volume 364, Page 641, said Deed Records, same being in the |
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approximate centerline of aforesaid Old Dorchester Road; |
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THENCE North 14 deg. 25 min. 48 sec. West, along the common line of |
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said TLS tract (2017-27765) and said Head tract, same being the |
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approximate centerline of said Old Dorchester Road, passing the |
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Northeast corner of said Head tract, same being the Southeast |
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corner of that certain tract of land conveyed to Greg A. Akins, by |
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deed recorded in Volume 2263, Page 966, said Deed Records, and |
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continuing along the common line of said TLS tract (2017-27765) and |
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said Akins tract (Volume 2263, Page 966), same being in the |
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approximate centerline of said Old Dorchester Road, a total |
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distance of 1,472.90 feet to a 1/2 inch iron rod found for corner, |
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same being the Southerly corner of that certain tract of land |
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conveyed to Greg A. Akins and wife, J. Sue Akins, by deed recorded |
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in Volume 2792, Page 423, said Deed Records; |
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THENCE North 31 deg. 18 min. 57 sec. East, along the common line of |
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said TLS tract (2017-27765) and said Akins tract (Volume 2792, Page |
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423), same being the approximate centerline of said Old Dorchester |
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Road, a distance of 330.93 feet to a nail found for corner, same |
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being in the West corner of that certain tract of land conveyed to |
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Travis W. Norris and wife, Tammy Norris, by deed recorded in Volume |
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5622, Page 745, said Deed Records; |
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THENCE along the common line of said TLS tract (2017-27765) and said |
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Norris tract as follows: |
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South 58 deg. 39 min. 44 sec. East, a distance of 725.99 feet to a |
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1/2 inch iron rod with yellow cap found for internal corner, same |
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being the South corner of said Norris tract; |
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North 31 deg. 17 min. 15 sec. East, a distance of 299.88 feet to a |
|
1/2 inch iron rod with yellow cap found for internal corner, same |
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being the East corner of said Norris tract; |
|
North 58 deg. 39 min. 31 sec. West, a distance of 725.79 feet to a |
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nail found for corner, same being the North corner of said Norris |
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tract, same being in the approximate centerline of said Old |
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Dorchester Road, same being in the Southeasterly line of aforesaid |
|
Akins tract (Volume 2792, Page 423); |
|
THENCE North 31 deg. 18 min. 16 sec. East, along the common line of |
|
said TLS tract (2017-27765) and said Akins tract (Volume 2792, Page |
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423), same being the approximate centerline of said Old Dorchester |
|
Road, a distance of 324.82 feet to a nail found for internal corner, |
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same being the Easterly corner of said Akins tract (Volume 2792, |
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Page 423), same being in the intersection of said Old Dorchester |
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Road and Rockport Road (prescriptive right-of-way); |
|
THENCE North 81 deg. 18 min. 50 sec. West, along the common line of |
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said TLS tract (2017-27765) and said Akins tract (Volume 2792, Page |
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423), same being the approximate centerline of said Rockport Road, |
|
a distance of 185.87 feet to a point for corner, same being a |
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Southerly corner of that certain tract of land conveyed to Oscar |
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Husky Estate, by deed recorded in Volume 626, Page 473, said Deed |
|
Records; |
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THENCE along the common line of said TLS tract (2017-27765) and said |
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Husky tract as follows: |
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North 05 deg. 26 min. 14 sec. East, a distance of 59.18 feet to an |
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angle point; |
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North 52 deg. 03 min. 20 sec. East, a distance of 30.07 feet to an |
|
angle point; |
|
North 11 deg. 38 min. 16 sec. East, a distance of 57.12 feet to an |
|
angle point; |
|
North 70 deg. 04 min. 16 sec. East, a distance of 29.09 feet to an |
|
angle point; |
|
South 48 deg. 46 min. 02 sec. East, a distance of 14.38 feet to an |
|
angle point; |
|
North 31 deg. 17 min. 03 sec. East, a distance of 38.55 feet to an |
|
angle point; |
|
North 07 deg. 25 min. 20 sec. West, a distance of 32.71 feet to an |
|
angle point; |
|
North 68 deg. 01 min. 45 sec. West, a distance of 21.18 feet to an |
|
angle point; |
|
North 26 deg. 16 min. 44 sec. East, a distance of 47.54 feet to an |
|
angle point; |
|
North 03 deg. 32 min. 56 sec. East, a distance of 24.51 feet to an |
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angle point; |
|
North 31 deg. 32 min. 33 sec. East, a distance of 97.23 feet to an |
|
angle point; |
|
North 11 deg. 07 min. 33 sec. West, a distance of 40.09 feet to an |
|
angle point; |
|
North 63 deg. 40 min. 55 sec. East, a distance of 30.81 feet to an |
|
angle point; |
|
South 66 deg. 04 min. 31 sec. East, a distance of 62.82 feet to an |
|
angle point; |
|
North 64 deg. 06 min. 15 sec. East, a distance of 18.57 feet to an |
|
angle point; |
|
North 15 deg. 10 min. 19 sec. East, a distance of 121.76 feet to an |
|
angle point; |
|
North 35 deg. 28 min. 24 sec. West, a distance of 46.86 feet to an |
|
angle point; |
|
North 49 deg. 13 min. 59 sec. East, a distance of 25.57 feet to an |
|
angle point; |
|
North 13 deg. 45 min. 42 sec. West, a distance of 26.92 feet to an |
|
angle point; |
|
North 49 deg. 43 min. 51 sec. East, a distance of 14.26 feet to an |
|
angle point; |
|
North 83 deg. 42 min. 04 sec. East, a distance of 16.90 feet to an |
|
angle point; |
|
North 52 deg. 14 min. 49 sec. East, a distance of 24.84 feet to an |
|
angle point; |
|
North 75 deg. 25 min. 35 sec. East, a distance of 21.34 feet to an |
|
angle point; |
|
North 38 deg. 52 min. 04 sec. East, a distance of 25.64 feet to an |
|
angle point; |
|
North 30 deg. 42 min. 08 sec. West, a distance of 36.25 feet to an |
|
angle point; |
|
North 13 deg. 04 min. 20 sec. East, a distance of 15.83 feet to an |
|
angle point; |
|
North 67 deg. 57 min. 13 sec. East, a distance of 28.93 feet to an |
|
angle point; |
|
North 14 deg. 29 min. 10 sec. East, a distance of 22.99 feet to an |
|
angle point; |
|
North 30 deg. 44 min. 13 sec. West, a distance of 62.60 feet to an |
|
angle point; |
|
North 44 deg. 11 min. 04 sec. East, a distance of 17.39 feet to an |
|
angle point; |
|
North 87 deg. 21 min. 15 sec. East, a distance of 52.43 feet to an |
|
angle point; |
|
North 47 deg. 25 min. 46 sec. East, a distance of 66.28 feet to an |
|
angle point; |
|
North 31 deg. 13 min. 07 sec. East, a distance of 47.82 feet to an |
|
angle point; |
|
North 09 deg. 07 min. 01 sec. East, a distance of 80.54 feet to an |
|
angle point; |
|
South 72 deg. 04 min. 44 sec. East, a distance of 29.73 feet to an |
|
angle point; |
|
North 52 deg. 20 min. 27 sec. East, a distance of 39.02 feet to a |
|
point for corner, same being the Southwest corner of that certain |
|
tract of land conveyed as Tract 1 to Reginald B. Smith, Sr., by deed |
|
recorded in Instrument No. 2018-7027, aforesaid Official Public |
|
Records; |
|
THENCE South 43 deg. 03 min. 16 sec. East, along the common line of |
|
said TLS tract (2017-27765) and said Tract 1, a distance of 256.95 |
|
feet to a 1/2 inch iron rod set with "Peiser & Mankin SURV" red |
|
plastic cap (hereinafter referred to as 1/2 inch iron rod set) for |
|
corner, same being the South corner of said Tract 1, same being in |
|
the approximate centerline of aforesaid Old Dorchester Road; |
|
THENCE North 47 deg. 07 min. 49 sec. East, continuing along the |
|
common line of said TLS tract (2017-27765) and said Tract 1, same |
|
being the approximate centerline of said Old Dorchester Road, |
|
passing the approximate centerline of said Old Dorchester Road, |
|
continuing along the common line of said TLS tract (2017-27765) and |
|
said Tract 1, a total distance of 968.76 feet to a 1/2 inch iron rod |
|
found for the most Northerly Northeast corner of said TLS tract |
|
(2017-27765), same being in the Westerly line of aforesaid North |
|
Tract; |
|
THENCE North 16 deg. 06 min. 36 sec. West, continuing along the |
|
common line of said TLS tract (2017-27765) and said Tract 1, passing |
|
the approximate centerline of said Old Dorchester Road, and |
|
continuing along the common line of said TLS tract (2017-27765) and |
|
said Tract 1, a total distance of 573.78 feet to a 1/2 inch iron rod |
|
set for the most Westerly Northwest corner of said North Tract, same |
|
being the Northeast corner of said Smith tract, same being in the |
|
Southerly line of that certain tract of land conveyed as "Tract 2" |
|
to Reginald B. Smith, SR., by said deed recorded in Instrument |
|
No. 2018-7027, said Official Public Records; |
|
THENCE North 75 deg. 41 min. 06 sec. East, along the common line of |
|
said TLS tract (2017-27765) and said Tract 2, passing the |
|
approximate centerline of aforesaid Old Dorchester Road, and |
|
continuing along the common line of said TLS tract (2017- 27765) and |
|
said Tract 2, same being the approximate centerline of aforesaid |
|
Old Dorchester Road, passing the Southeast corner of said Tract 2, |
|
same being the Southwest corner of that certain tract of land |
|
conveyed to Reginald B. Smith, SR., by deed recorded in Volume 1147, |
|
Page 682, said Deed Records, and continuing along the common line of |
|
said TLS tract (2017- 27765) and said Smith tract (Volume 1147, Page |
|
682), same being the approximate centerline of said Old Dorchester |
|
Road, a total distance of 1,736.90 feet to a 1/2 inch iron rod set |
|
for corner, same being a Westerly corner of aforesaid TLS tract |
|
(2017- 27771); |
|
THENCE along the common line of said TLS tract (2017-27771) and said |
|
Smith tract (Volume 1147, Page 682), same being the approximate |
|
centerline of said Old Dorchester Road as follows: |
|
North 60 deg. 18 min. 29 sec. East, a distance of 25.44 feet to a |
|
point for angle point; |
|
North 60 deg. 19 min. 06 sec. East, a distance of 700.00 feet to a |
|
1/2 inch iron rod set for angle point; |
|
North 53 deg. 15 min. 03 sec. East, a distance of 589.19 feet to an |
|
angle point; North 38 deg. 20 min. 15 sec. East, a distance of |
|
420.18 feet to an angle point; North 08 deg. 03 min. 54 sec. West, a |
|
distance of 641.82 feet to an angle point; |
|
North 55 deg. 30 min. 26 sec. East, a distance of 251.79 feet to a |
|
point for corner, same being the most Easterly Southeast corner of |
|
said Smith tract (Volume 1147, Page 682); |
|
THENCE North 14 deg. 23 min. 36 sec. West, continuing along the |
|
common line of said TLS tract (2017-27771) and said Smith tract |
|
(Volume 1147, Page 682), a distance of 3,228.79 feet to a point for |
|
the most Northerly Northwest corner of said TLS tract (2017-27771), |
|
same being in the approximate centerline of aforesaid OB Groner |
|
Road, same being in the Southerly line of Western Acres Addition |
|
Installment No. 2, an addition to Grayson County, Texas, according |
|
to the plat thereof recorded in Volume 6, Page 12, Plat Records, |
|
Grayson County, Texas; |
|
THENCE North 74 deg. 53 min. 30 sec. East, along the common line of |
|
said TLS tract (2017-27771) and said Western Acres Addition |
|
Installment No. 2, same being the approximate centerline of said OB |
|
Groner Road, passing the Southeast corner of said Western Acres |
|
Addition Installment No. 2, same being the Southwest corner of |
|
aforesaid Quach tract, and continuing along the common line of said |
|
TLS tract (2017-27771) and said Quach tract, same being the |
|
approximate centerline of said OB Groner Road, a total distance of |
|
479.91 feet to the POINT OF BEGINNING and containing 587.056 acres |
|
of computed land, more or less. |
|
SOUTH TRACT: |
|
BEING all that certain tract of land situated in the ROBERT |
|
THOMPSOIV SURVEY, ABSTRACT NO. 1199 and the WILLIAM MARTIN SURVEY, |
|
ABSTRACT NO. 765, Grayson County, Texas, and being all that certain |
|
tract of land conveyed as "South Tract" to TLS Investments, L.P., by |
|
deed recorded in Instrument No. 2017-27776, Official Public |
|
Records, Grayson County, Texas, and being more particularly |
|
described as follows: |
|
BEGINNING at a railroad spike found for the Northeast corner of said |
|
South Tract, same being in the Southerly right-of-way line of Red |
|
River, Texas & Southern Railway Co., as described in deed recorded |
|
in Volume 136, Page 531, Deed Records, Grayson County, Texas, same |
|
being the Northwest corner of that certain tract of land conveyed to |
|
Jeremy Schmitz (no recording information available); |
|
THENCE South 19 deg. 11 min. 10 see. West, along the common line of |
|
said South Tract and said Schmitz tract, a distance of 1097.06 feet |
|
to a point for the Southeast corner of said South Tract, same being |
|
the most Southerly corner of said Schmitz tract, same being the most |
|
Easterly corner of that certain tract of land conveyed to Sue Talley |
|
Reeves, Trustee of Sue Talley Revocable Trust, by deed recorded in |
|
Volume 4370, Page 447, said Deed Records, same being the |
|
approximate centerline of a creek; |
|
THENCE along the common line of said South Tract and said Reeves |
|
tract as follows: |
|
North 81 deg. 20 min. 09 sec. West, a distance of 284.55 feet to a |
|
point in creek; |
|
South 70 deg. 40 min. 21 sec. West, a distance of 102.27 feet to a |
|
point in creek; |
|
North 75 deg. 11 min. 59 sec. West, a distance of 127.59 feet to a |
|
point in creek; |
|
North 51 deg. 45 min. 23 sec. West, a distance of 220.29 feet to a |
|
point in creek; |
|
North 79 deg. 12 min. 46 sec. West, a distance of 86.47 feet to a |
|
point in creek; |
|
North 41 deg, 30 min. 50 sec. West, a distance of 378.26 feet to a |
|
point in creek; |
|
North 79 deg. 02 min. 33 sec. West, a distance of 214.43 feet to a |
|
point in creek; |
|
North 36 deg. 39 min. 21 sec. East, a distance of 222.74 feet to a |
|
point in creek; |
|
North 77 deg. 28 min. 04 sec. West, a distance of 160.13 feet to a |
|
point in creek; |
|
North 67 deg. 02 min. 46 sec. West, a distance of 317.96 feet to a |
|
point in creek; |
|
North 20 deg. 07 min. 28 sec. West, a distance of 96.72 feet to a |
|
point in creek; |
|
South 59 deg. 24 min. 07 sec. West, a distance of 230.86 feet to a |
|
point in creek; |
|
North 74 deg. 29 min. 54 sec. West, a distance of 54.23 feet to a |
|
point in creek; |
|
North 01 deg. 17 min. 08 sec. East, a distance of 125.00 feet to a |
|
point in creek; |
|
North 47 deg. 10 min. 46 sec. West, a distance of 142.35 feet to a |
|
point in creek; |
|
South 45 deg. 49 min. 53 sec. West, a distance of 104.40 feet to a |
|
point in creek; |
|
North 73 deg. 20 min. 39 sec. West, a distance of 120.57 feet to a |
|
point in creek; |
|
South 77 deg. 23 min. 53 sec. West, a distance of 109.21 feet to a |
|
point in creek; |
|
South 35 deg. 55 min. 55 sec. West, a distance of 133.45 feet to a |
|
point in creek; |
|
South 70 deg. 40 min. 06 sec. West, a distance of 370.67 feet to a |
|
point in creek; |
|
North 82 deg. 15 min. 21 sec. West, a distance of 132.27 feet to a |
|
point in creek; |
|
South 27 deg. 21 min. 12 sec. West, a distance of 129.88 feet to a |
|
point in creek; |
|
South 85 deg. 44 min. 18 sec. West, a distance of 228.14 feet to a |
|
point in creek; |
|
South 14 deg. 08 min. 19 sec. west, a distance of 58.86 feet to a |
|
point in creek; |
|
South 50 deg. 05 min. 29 sec. West, a distance of 87.89 feet to a |
|
point in creek; |
|
North 83 deg. 09 min. 16 sec. West, a distance of 178.46 feet to a |
|
point in creek; |
|
South 19 deg. 19 min. 45 sec. West, a distance of 103.44 feet to a |
|
point in creek; |
|
South 59 deg. 19 min. 52 sec. West, a distance of 32.75 feet to a |
|
point in creek for the Southwest corner of said South Tract; North |
|
15 deg. 06 min. 19 sec. West, a distance of 373.73 feet to a point |
|
for the Northwest corner of said South Tract, same being a Northeast |
|
corner of said Reeves tract, same being in the Southerly |
|
right-of-way line of aforesaid Railroad; |
|
THENCE along the common line of said South Tract and said Railroad |
|
as follows: |
|
North 71 deg. 54 min. 14 sec. East, a distance of 790.40 feet to a |
|
point for the beginning of a curve to the right, having a radius of |
|
3048.25 feet and a central angle of 23 deg. 46 min. 05 sec.; |
|
Along said curve to the right, an arc distance of 1265.43 feet and a |
|
chord bearing and distance of North 83 deg. 18 min. 40 sec. East, |
|
1256.38 feet to a point for angle point; |
|
South 84 deg. 48 min. 11 sec. East, a distance of 1853.44 feet to the |
|
POINT OF BEGINNING and containing 45.755 acres of computed land, |
|
more or less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, 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 |
|
8000A, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8000A.0307 to read as |
|
follows: |
|
Sec. 8000A.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 September 1, 2023. |