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AN ACT
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relating to the creation of the Double Platinum Ranch Water Control |
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and Improvement District No. 1 of Grayson County; providing |
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authority to impose a tax and issue bonds; granting the power of |
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eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9206 to read as follows: |
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CHAPTER 9206. DOUBLE PLATINUM RANCH WATER CONTROL AND IMPROVEMENT |
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DISTRICT NO. 1 OF GRAYSON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9206.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Double Platinum Ranch Water |
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Control and Improvement District No. 1 of Grayson County. |
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Sec. 9206.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district in Grayson County created under |
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and essential to accomplish the purposes of Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 9206.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 9206.064 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Grayson County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 9206.004. 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 creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating 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: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to impose taxes; |
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(3) the validity of the district's bonds, notes, or |
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other indebtedness; or |
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(4) the legality or operation of the district or the |
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board. |
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Sec. 9206.005. ANNEXATION BY CITY OF GUNTER. (a) |
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Notwithstanding any other law, if all of the territory of the |
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district is annexed by the City of Gunter into the corporate limits |
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of that municipality before the date of the election held to confirm |
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the creation of the district, the district may not be dissolved and |
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shall continue until the district is dissolved under Section |
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43.074, Local Government Code. |
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(b) Any future annexation or inclusion of additional |
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territory into a district governed by this chapter may not occur |
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unless the City of Gunter is allowed to voluntarily annex the same |
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territory into its corporate limits. |
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[Sections 9206.006-9206.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9206.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Except as provided by Section 9206.061 of this code and |
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Section 49.102, Water Code, directors serve staggered four-year |
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terms, with the terms of two or three directors expiring June 1 of |
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each even-numbered year. |
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Sec. 9206.052. ELECTION OF DIRECTORS. On the uniform |
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election date in May of each even-numbered year, the appropriate |
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number of directors shall be elected. |
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[Sections 9206.053-9206.060 reserved for expansion] |
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SUBCHAPTER B-1. TEMPORARY PROVISIONS |
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Sec. 9206.061. INITIAL DIRECTORS. (a) On or after |
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September 1, 2007, a person who owns land in the district may submit |
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a petition to the Texas Commission on Environmental Quality |
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requesting that the commission appoint as initial directors the |
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five persons named in the petition. |
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(b) The commission shall appoint as initial directors the |
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five persons named in the first petition received by the commission |
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under Subsection (a). |
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(c) If an initial director fails to qualify for office, the |
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commission shall appoint a person to fill the vacancy. |
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(d) Initial directors serve until the earlier of: |
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(1) the date the first directors are elected at the |
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confirmation election under Section 9206.064; or |
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(2) the date this subchapter expires under Section |
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9206.066. |
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Sec. 9206.062. ORGANIZATIONAL MEETING OF INITIAL |
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DIRECTORS. As soon as practicable after all the initial directors |
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have qualified under Section 49.055, Water Code, the initial |
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directors shall meet at a location in the district agreeable to a |
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majority of the directors. At the meeting, the initial directors |
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shall elect officers from among the initial directors and conduct |
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any other district business. |
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Sec. 9206.063. CONSENT OF MUNICIPALITY REQUIRED. The |
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initial directors may not hold an election under Section 9206.064 |
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until all of the territory of the district is included in the |
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corporate limits of the City of Gunter. |
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Sec. 9206.064. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. The initial directors shall hold an election to confirm |
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the creation of the district and to elect five directors as provided |
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by Section 49.102, Water Code. |
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Sec. 9206.065. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 9206.064 shall draw lots to |
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determine which two shall serve until the first regularly scheduled |
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election of directors and which three shall serve until the second |
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regularly scheduled election of directors. |
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Sec. 9206.066. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 9206.067-9206.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9206.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. (a) The district has the powers and duties |
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provided by the general law of this state, including Chapters 49 and |
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51, Water Code, applicable to water control and improvement |
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districts created under Section 59, Article XVI, Texas |
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Constitution. |
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(b) Notwithstanding Subsection (a), the district may not |
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act as a retail provider of water or wastewater services. |
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(c) The district shall make its water and wastewater |
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facilities available to an entity holding the applicable |
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certificate of convenience and necessity. |
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Sec. 9206.102. ROAD PROJECTS. (a) To the extent authorized |
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by Section 52, Article III, Texas Constitution, the district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads or turnpikes, or improvements in aid of |
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those roads or turnpikes, inside the district. |
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(b) A road project must meet or exceed all applicable |
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construction standards, zoning and subdivision requirements, and |
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regulatory ordinances of the municipality in whose corporate limits |
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or extraterritorial jurisdiction the district is located. |
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(c) If a portion of the territory of the district is |
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excluded from the corporate limits of the City of Gunter, the |
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district shall: |
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(1) improve, maintain, repair, and operate the roads |
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located in that portion of territory in accordance with the |
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ordinances and rules of the political subdivision possessing |
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jurisdiction over the roads in that portion of territory; and |
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(2) pay the entire cost of performing the district's |
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duties under Subdivision (1). |
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Sec. 9206.103. DIVISION OF DISTRICT. (a) The district may |
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be divided into two new districts only if: |
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(1) the district has no outstanding bonded debt; |
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(2) the district is not imposing ad valorem taxes; and |
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(3) each new district is within the corporate limits |
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of the City of Gunter. |
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(b) The division procedure is prescribed by Sections 53.030 |
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through 53.041, Water Code. Sections 51.748 through 51.753, Water |
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Code, do not apply to the district. |
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(c) Any new district created by the division of the district |
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has all the powers and duties of the district. |
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(d) At the time of creation, any new district created by the |
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division of the district may not contain any land outside the area |
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described by Section 2 of the Act creating this chapter. |
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[Sections 9206.104-9206.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9206.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds or other |
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obligations issued under Section 9206.201. |
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[Sections 9206.152-9206.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 9206.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other obligations |
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as provided by Chapters 49 and 51, Water Code, to finance the |
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construction, maintenance, or operation of a project under Section |
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9206.101 or 9206.102. |
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(b) The district may not issue bonds to finance projects |
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authorized by Section 9206.102 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 called for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 9206.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 2. The Double Platinum Ranch Water Control and |
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Improvement District No. 1 of Grayson County includes all the |
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territory contained in the following area: |
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TRACT ONE: |
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All that certain tract or parcel of land situated in the John |
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Palms Survey, Abstract Number 926, County of Grayson, State of |
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Texas, said tract being part of a called 197.3 acre tract as |
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described in Deed to Dryden Dorchester Ltd., filed 27 December |
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2000, and Recorded in Volume 3014, Page 743 of the Deed Records of |
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the County of Grayson, State of Texas, and being more fully |
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described as follows: |
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BEGINNING for the northeast corner of the tract being herein |
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at a Wood Fence corner Post, said post being the northeast corner of |
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said Dryden tract, and the southeast corner of a tract as described |
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in Deed to Gordon W. Doodier et ux, Delores Goodier, filed 14 |
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January 1971, and Recorded in Volume 1179, Page 63 of said Deed |
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Records, said post also being on a west line of a called 1022 acre |
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tract as described in Tract 7 in Deed to Jeribeth Sharp, filed 30 |
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June 1998, and Recorded in Volume 2668 Page 09 of said Deed Records; |
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THENCE South 00 degrees 20 minutes 01 seconds East, with the |
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east line of said Dryden tract, and west line of said Sharp tract, a |
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distance of 3318.06 feet to a set ½ inch Steel Square Tubing for the |
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southeast corner of said Dryden tract, and an ell corner of said |
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Sharp tract; |
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THENCE South 88 degrees 45 minutes 58 8 seconds West, with the |
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south line at said Dryden tract, a distance of 2576.18 feet to a set |
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1\2 inch Steel Square Tubing for the southwest corner of said Dryden |
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tract, and an ell corner of said Sharp tract, |
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Thence: North 00 degrees 23 minutes 33 seconds West, with the west |
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line of said Dryden tract, a distance of 3325.00 feet to a found ½ |
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inch Steel Rebar at the base of a wood fence corner post, being an |
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ell corner of said Dryden tract and Sharp tract and the Palms |
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Survey, and being the northeast corner of the John D. Nelson Survey, |
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Abstract Number 902; |
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THENCE South 89 degrees 45 minutes 03 seconds West, with a |
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wire fence line, and a south line of said Dryden tract, and a line of |
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said Sharp tract, a distance of 790.04 feet to a Wood Fence post for |
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the southwest corner of said Dryden tract, an ell corner of said |
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Palms Survey, and the southeast corner of the Antonia Hernandez |
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Survey, Abstract Number 489; |
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THENCE North, a distance of 26.12 feet to a set ½ inch Steel |
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Square Tubing Ike the northwest corner of said Dryden tract, and the |
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southwest corner of a tract described in Deed to Marjoriet Limited, |
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filed 24 March 1999, and Recorded in Volume 2769 Page 624 of said |
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Deed Records; |
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THENCE North 89 degrees 45 minutes 03 seconds East, with the |
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north line of said Dryden tact, and the south line of said Marjoriet |
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tract, a distance of 789.43 feet to a Wood Fence corner Post for a |
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corner; |
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THENCE North 89 degrees 30 minuses 06 seconds East, with the |
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north line of said Dryden tract, and passing the southeast corner of |
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said Marjoriet tract, and the southwest corner of said Goodier |
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tract, and continuing on said course for a total distance of 2579.75 |
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feet to the POINT OF BEGINNING and containing 197.783 acres of land. |
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TRACT TWO: |
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Being a 1,022.20 acre tract of land situated in the John Palms |
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Survey, Abstract No. 926, and the John D. Nelson Survey, Abstract |
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No. 902, and being that certain tract of land conveyed to as Tract |
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I, to Marita Wiseman Sharp, Marita Wiseman Sharp Grantor Trust, and |
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Billy Jack Sharp Grantor Trust, by deed recorded in Volume 2427, |
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Page 448, and also conveyed as Tract 7, to Billy Jack Sharp Grantor |
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Trust, by deed recorded in Volume 2668, Page 00009, all of the Deed |
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Records of Grayson County, Texas, and being more particularly |
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described by metes and bounds as follows: |
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BEGINNING at a 1/2 inch iron rod set for corner, said point |
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being the southeast corner of said Billy Jack Sharp Grantor Trust |
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tract, and being at the centerline intersection more or less, of |
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McDonald Road, and Kimberlin Road; |
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THENCE North 86°52'06" West, along the common line of said |
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Billy Jack Sharp Grantor Trust tract, and the centerline more or |
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less of said Kimberlin Road, and along the south line of said Palms |
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Survey, passing the southwest corner of said Palms Survey, same |
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being the southeast corner of said Nelson Survey, and continuing |
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along the south line of said Nelson Survey, a distance of 6400.79 |
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feet to a 1/2 inch iron rod set for corner, said point being in the |
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centerline of Kimberlin Road more of less, said point being the |
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southwest corner of said Billy Jack Sharp Grantor Trust tract, and |
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being the southeast corner of a called 1073.77 acre tract of land |
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conveyed to Davidson Land and Cattle Company, by deed recorded in |
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Volume 2235, Page 583, of the Deed Records of Grayson County, Texas; |
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THENCE North 02°35'02" East, along the common line of said |
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Billy Jack Sharp Grantor Trust tract, and said called 1073.77 acre |
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tract, a distance of 3806.58 feet to a 1/2 inch iron rod found for |
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corner; |
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THENCE North 85°53'34" West, continuing along the common line |
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of said Billy Jack Sharp Grantor Trust tract, and said called |
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1073.77 acre tract, a distance of 150.50 feet to a 1/2 inch iron rod |
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found for corner; |
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THENCE North 02°33'45" East, continuing along the common line |
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of said Billy Sank Grantor Trust tract, and said called 1073.77 acre |
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tract, a distance of 1112.85 feet to a 1/2 inch iron rod found for |
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corner; |
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THENCE South 87°0916' East, continuing along the common line |
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of said Billy Jack Sharp Grantor Trust tract, and said called |
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1073.77 acre tract, a distance of 149.97 feet to a 1/2 inch iron rod |
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found for corner; |
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THENCE North 02°38'21" East, continuing along the common line |
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of said Billy Jack Sharp Grantor Trust tract, and said called |
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1073.77 acre tract, a distance of 2500.00 feet to a 1/2 inch iron |
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rod found for corner, said point being in the north line of said |
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Nelson Survey, and the south line of Antonio Hernandez Survey, |
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Abstract No. 489, and being in the south line of a called 300 acre |
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tract of land conveyed to Lucian Touchtone, et ux, by deed recorded |
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in Volume 1013, Page 677, of the Deed Records of Grayson County, |
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Texas, and being the northeast corner of said called 1073.77 acre |
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tract, and being the northwest corner of said Billy Jack Sharp |
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Grantor Trust tract; |
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THENCE South 87°07'47" East, along the common line of said |
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Palms Survey, and the said Antonio Survey, and the common line of |
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said Billy Jack Sharp Grantor Trust tract, and said called 300 acre |
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tract, and passing the southeast corner of said called 300 acre |
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tract, same being the southeast corner of said Antonio Survey, same |
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being the southwest corner of said Palms Survey, and being the |
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southwest corner of a called 108.84 acre tract of land conveyed to |
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Lucian Touchtone, by deed recorded in Volume 1219, Page 360, of the |
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Deed Records of Grayson County, Texas, and continuing a total |
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distance of 2698.53 feet to a 1/2 inch iron rod found for corner, |
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said point being the northeast corner of said Nelson Survey, and an |
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ell corner of a called 197.3 acre tract of land conveyed to S.A. |
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Schott by deed recorded in Volume 359, Page 369, of the Deed Records |
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of Grayson County, Texas; |
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THENCE South 02°52'48" West, along the common line of said |
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Billy Jack Sharp Grantor Trust tract, and said called 197.3 acre |
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tract, a distance of 3325.00 feet to a 1/2 inch iron rod set for |
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corner, said point being the southwest corner of said called 197.3 |
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acre tract; |
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THENCE South 87°56'40" East, along the common line of said |
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Billy Jack Sharp Grantor Trust tract, and said called 197.3 acre |
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tract, a distance of 2577.31 feet to a 1/2 inch iron rod set for |
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corner, said point being the southeast corner of said called 197.3 |
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acre tract; |
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THENCE North 02°54'54" East, along the common line of said |
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Billy Jack Sharp Grantor Trust tract, and said called 197.3 acre |
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tract, a distance of 3318.06 feet to a 1/2 inch iron rod set for |
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corner, said point being the northwest corner of said called 197.3 |
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acre tract, same being the southeast corner of a called 245.67 acre |
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tract of land conveyed to Gordon W. Goodier, et ux, by deed recorded |
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in Volume 1179, Page 63, of the Deed Records of Grayson County, |
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Texas; |
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THENCE North 03°09'39" East, along the common line of said |
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Billy Jack Sharp Grantor Trust tract, and said called 245.67 acre |
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tract, a distance of 4542.15 feet to a 1/2 inch iron rod found for |
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corner, said point being the northwest corner of said Billy Jack |
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Sharp Grantor Trust tract, same being the northeast corner of said |
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called 245.67 acre tract, and being in the south right-of-way line |
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of F.M. Highway 902; |
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THENCE South 86°51'00" East, along the north line of said |
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Billy Jack Sharp Grantor Trust tract, with the south right-of-way |
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line of F.M. Highway 902, a distance of 1119.25 feet to a railroad |
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spike found for corner, said point being in the centerline |
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intersection more or less of the south right-of-way line of F.M. |
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Highway 902, and McDonald Road, and being in the east line of said |
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Palms Survey; |
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THENCE South 02°47'31" West, with the east line of said Palms |
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Survey, and the east line of said Billy Jack Sharp Grantor Trust |
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tract, and along the centerline of McDonald Road more or less, a |
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distance of 12,018.20 feet to the POINT OF BEGINNING and containing |
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44,527,033 square feet or 1,022.20 acres of computed land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3984 was passed by the House on May |
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17, 2007, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3984 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |