|
|
|
|
AN ACT
|
|
relating to the powers and duties of the Gunter Municipal Utility |
|
Districts Nos. 1 and 2 and to the creation of the Mustang Ranch |
|
Municipal Management District No. 1 and the Case Creek Municipal |
|
Utility District No. 1 of Grayson County; providing authority to |
|
impose a tax, levy an assessment, and issue bonds; granting a |
|
limited power of eminent domain. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
ARTICLE 1. GUNTER MUNICIPAL UTILITY DISTRICTS NOS. 1 AND 2 |
|
SECTION 1.01. Subchapter C, Chapter 8238, Special District |
|
Local Laws Code, is amended by adding Section 8238.104 to read as |
|
follows: |
|
Sec. 8238.104. NO ALLOCATION AGREEMENT. Section 54.016(f), |
|
Water Code, does not apply to the district. |
|
SECTION 1.02. Chapter 8238, Special District Local Laws |
|
Code, is amended by adding Subchapter C-1 to read as follows: |
|
SUBCHAPTER C-1. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
|
Sec. 8238.131. DIVISION OF DISTRICT; PREREQUISITES. The |
|
district may be divided into two or more new districts only if the |
|
district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
Sec. 8238.132. LAW APPLICABLE TO NEW DISTRICT. This |
|
chapter applies to any new district created by division of the |
|
district, and a new district has all the powers and duties of the |
|
district. |
|
Sec. 8238.133. LIMITATION ON AREA OF NEW DISTRICT. A new |
|
district created by the division of the district may not, at the |
|
time the new district is created, contain any land outside the area |
|
described by Section 2, Chapter 966, Acts of the 80th Legislature, |
|
Regular Session, 2007. |
|
Sec. 8238.134. DIVISION PROCEDURES. (a) The board, on its |
|
own motion or on receipt of a petition signed by the owner or owners |
|
of a majority of the assessed value of the real property in the |
|
district, may adopt an order dividing the district. |
|
(b) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
8238.003 to confirm the district's creation. |
|
(c) An order dividing the district must: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint temporary directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between the new districts. |
|
(d) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the Texas Commission on Environmental Quality and record the |
|
order in the real property records of each county in which the |
|
district is located. |
|
Sec. 8238.135. CONFIRMATION ELECTION FOR NEW DISTRICT. (a) |
|
A new district created by the division of the district shall hold a |
|
confirmation and directors' election as required by Section |
|
8238.003. |
|
(b) If the creation of the new district is confirmed, the |
|
new district shall provide the election date and results to the |
|
Texas Commission on Environmental Quality. |
|
Sec. 8238.136. MUNICIPAL CONSENT. Municipal consent to the |
|
creation of the district and to the inclusion of land in the |
|
district granted under Section 8238.054 acts as municipal consent |
|
to the creation of any new district created by the division of the |
|
district and to the inclusion of land in the new district. |
|
Sec. 8238.137. TAX OR BOND ELECTION. Before a new district |
|
created by the division of the district may impose a maintenance tax |
|
or issue bonds payable wholly or partly from ad valorem taxes, the |
|
new district must hold an election as required by this chapter to |
|
obtain voter approval. |
|
SECTION 1.03. Subchapter C, Chapter 8239, Special District |
|
Local Laws Code, is amended by adding Section 8239.104 to read as |
|
follows: |
|
Sec. 8239.104. NO ALLOCATION AGREEMENT. Section 54.016(f), |
|
Water Code, does not apply to the district. |
|
SECTION 1.04. Chapter 8239, Special District Local Laws |
|
Code, is amended by adding Subchapter C-1 to read as follows: |
|
SUBCHAPTER C-1. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
|
Sec. 8239.131. DIVISION OF DISTRICT; PREREQUISITES. The |
|
district may be divided into two or more new districts only if the |
|
district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
Sec. 8239.132. LAW APPLICABLE TO NEW DISTRICT. This |
|
chapter applies to any new district created by division of the |
|
district, and a new district has all the powers and duties of the |
|
district. |
|
Sec. 8239.133. LIMITATION ON AREA OF NEW DISTRICT. A new |
|
district created by the division of the district may not, at the |
|
time the new district is created, contain any land outside the area |
|
described by Section 2, Chapter 1138, Acts of the 80th Legislature, |
|
Regular Session, 2007. |
|
Sec. 8239.134. DIVISION PROCEDURES. (a) The board, on its |
|
own motion or on receipt of a petition signed by the owner or owners |
|
of a majority of the assessed value of the real property in the |
|
district, may adopt an order dividing the district. |
|
(b) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
8239.003 to confirm the district's creation. |
|
(c) An order dividing the district must: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint temporary directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between the new districts. |
|
(d) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the Texas Commission on Environmental Quality and record the |
|
order in the real property records of each county in which the |
|
district is located. |
|
Sec. 8239.135. CONFIRMATION ELECTION FOR NEW DISTRICT. (a) |
|
A new district created by the division of the district shall hold a |
|
confirmation and directors' election as required by Section |
|
8239.003. |
|
(b) If the creation of the new district is confirmed, the |
|
new district shall provide the election date and results to the |
|
Texas Commission on Environmental Quality. |
|
Sec. 8239.136. MUNICIPAL CONSENT. Municipal consent to the |
|
creation of the district and to the inclusion of land in the |
|
district granted under Section 8239.054 acts as municipal consent |
|
to the creation of any new district created by the division of the |
|
district and to the inclusion of land in the new district. |
|
Sec. 8239.137. TAX OR BOND ELECTION. Before a new district |
|
created by the division of the district may impose a maintenance tax |
|
or issue bonds payable wholly or partly from ad valorem taxes, the |
|
new district must hold an election as required by this chapter to |
|
obtain voter approval. |
|
SECTION 1.05. (a) The legal notice of the intention to |
|
introduce this article, setting forth the general substance of this |
|
article, has been published as provided by law, and the notice and a |
|
copy of this article 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 article to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this article 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 article are |
|
fulfilled and accomplished. |
|
SECTION 1.06. This article takes effect September 1, 2011. |
|
ARTICLE 2. MUSTANG RANCH MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
|
SECTION 2.01. Subtitle C, Title 4, Special District Local |
|
Laws Code, is amended by adding Chapter 3885 to read as follows: |
|
CHAPTER 3885. MUSTANG RANCH MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 3885.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "City" means the City of Celina, Texas. |
|
(3) "County" means Collin County, Texas. |
|
(4) "Development agreement" means the development |
|
agreement between the city and Celina 682 Partners, L.P., initially |
|
effective June 11, 2007. |
|
(5) "Director" means a board member. |
|
(6) "District" means the Mustang Ranch Municipal |
|
Management District No. 1. |
|
Sec. 3885.002. CREATION AND NATURE OF DISTRICT. The |
|
district is a special district created under Sections 52 and 52-a, |
|
Article III, and Section 59, Article XVI, Texas Constitution. |
|
Sec. 3885.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
|
creation of the district is essential to accomplish the purposes of |
|
Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
|
Texas Constitution, and other public purposes stated in this |
|
chapter. By creating the district and in authorizing the city and |
|
other political subdivisions to contract with the district, the |
|
legislature has established a program to accomplish the public |
|
purposes set out in Section 52-a, Article III, Texas Constitution. |
|
(b) The creation of the district is necessary to promote, |
|
develop, encourage, and maintain employment, commerce, |
|
transportation, housing, tourism, recreation, the arts, |
|
entertainment, economic development, safety, and the public |
|
welfare in the district. |
|
(c) This chapter and the creation of the district may not be |
|
interpreted to relieve the city or county from providing the level |
|
of services provided to the area in the district as of the effective |
|
date of the article of the Act enacting this chapter. The district |
|
is created to supplement and not to supplant the city and county |
|
services provided in the district. |
|
Sec. 3885.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the improvements and services to be provided by |
|
the district under powers conferred by Sections 52 and 52-a, |
|
Article III, and Section 59, Article XVI, Texas Constitution, and |
|
other powers granted under this chapter. |
|
(c) The district is created to accomplish the purposes of a |
|
municipal management district as provided by general law and |
|
Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
|
Texas Constitution. |
|
(d) The creation of the district is in the public interest |
|
and is essential to: |
|
(1) further the public purposes of developing and |
|
diversifying the economy of the state; |
|
(2) eliminate unemployment and underemployment; and |
|
(3) develop or expand transportation and commerce. |
|
(e) The district will: |
|
(1) promote the health, safety, and general welfare of |
|
residents, employers, potential employees, employees, visitors, |
|
and consumers in the district, and of the public; |
|
(2) provide needed funding for the district to |
|
preserve, maintain, and enhance the economic health and vitality of |
|
the district territory as a community and business center; and |
|
(3) promote the health, safety, welfare, and enjoyment |
|
of the public by providing pedestrian ways and by landscaping and |
|
developing certain areas in the district, which are necessary for |
|
the restoration, preservation, and enhancement of scenic beauty. |
|
(f) Pedestrian ways along or across a street, whether at |
|
grade or above or below the surface, and street lighting, street |
|
landscaping, parking, and street art objects are parts of and |
|
necessary components of a street and are considered to be a street |
|
or road improvement. |
|
(g) The district will not act as the agent or |
|
instrumentality of any private interest even though the district |
|
will benefit many private interests as well as the public. |
|
Sec. 3885.005. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2.02 of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 2.02 |
|
of the Act enacting this chapter form a closure. A mistake in the |
|
field notes or in copying the field notes in the legislative process |
|
does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to contract; |
|
(3) authority to borrow money or issue bonds or other |
|
obligations described by Section 3885.253 or to pay the principal |
|
and interest of the bonds or other obligations; |
|
(4) right to impose or collect an assessment, or |
|
collect other revenue; or |
|
(5) legality or operation. |
|
Sec. 3885.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
|
(a) All or any part of the area of the district is eligible to be |
|
included in: |
|
(1) a tax increment reinvestment zone created under |
|
Chapter 311, Tax Code; |
|
(2) a tax abatement reinvestment zone created under |
|
Chapter 312, Tax Code; |
|
(3) an enterprise zone created under Chapter 2303, |
|
Government Code; or |
|
(4) an industrial district created under Chapter 42, |
|
Local Government Code. |
|
(b) If the city creates a tax increment reinvestment zone |
|
described by Subsection (a), the city and the board of directors of |
|
the zone, by contract with the district, may grant money deposited |
|
in the tax increment fund to the district to be used by the district |
|
for: |
|
(1) the purposes permitted for money granted to a |
|
corporation under Section 380.002(b), Local Government Code; and |
|
(2) any other district purpose, including the right to |
|
pledge the money as security for any bonds or other obligations |
|
issued by the district under Section 3885.253. |
|
(c) A tax increment reinvestment zone created by the city in |
|
the district is not subject to the limitations provided by Section |
|
311.006, Tax Code. |
|
Sec. 3885.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
|
DISTRICT LAW. Except as provided by this chapter, Chapter 375, |
|
Local Government Code, applies to the district. |
|
Sec. 3885.008. LIBERAL CONSTRUCTION OF CHAPTER. This |
|
chapter shall be liberally construed in conformity with the |
|
findings and purposes stated in this chapter. |
|
[Sections 3885.009-3885.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 3885.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five directors composed of: |
|
(1) two directors appointed by the governing body of |
|
the city; |
|
(2) one director appointed by the governing body of |
|
the city who is an employee of the Prosper Independent School |
|
District; |
|
(3) the city manager; and |
|
(4) the city's chief financial officer. |
|
(b) An appointed director serves a term of four years. |
|
Sec. 3885.052. QUALIFICATIONS OF DIRECTOR. (a) Section |
|
375.063, Local Government Code, does not apply to a director |
|
employed by the city or the Prosper Independent School District. |
|
(b) Section 49.052, Water Code, does not apply to the |
|
district. |
|
Sec. 3885.053. VACANCY. The governing body of the city |
|
shall appoint a director to fill a vacancy on the board for the |
|
remainder of the unexpired term. |
|
Sec. 3885.054. DIRECTOR'S OATH OR AFFIRMATION. A director |
|
shall file the director's oath or affirmation of office with the |
|
district, and the district shall retain the oath or affirmation in |
|
the district records. |
|
Sec. 3885.055. OFFICERS. The board shall elect from among |
|
the directors a chair, a vice chair, and a secretary. |
|
Sec. 3885.056. COMPENSATION; EXPENSES. (a) The district |
|
may compensate each director in an amount not to exceed $150 for |
|
each board meeting. |
|
(b) A director is entitled to reimbursement for necessary |
|
and reasonable expenses incurred in carrying out the duties and |
|
responsibilities of a director. |
|
Sec. 3885.057. LIABILITY INSURANCE. The district may |
|
obtain and pay for comprehensive general liability insurance |
|
coverage from a commercial insurance company or other source that |
|
protects and insures the directors against personal liability and |
|
from all claims for actions taken as directors or actions and |
|
activities taken by the district or by others acting on its behalf. |
|
Sec. 3885.058. BOARD MEETINGS. The board shall hold |
|
meetings at a place accessible to the public. |
|
Sec. 3885.059. INITIAL DIRECTORS. (a) The initial board |
|
consists of the following directors: |
|
(1) Rod Hogan, city manager; |
|
(2) Jay Toutounchian, city chief financial officer; |
|
(3) Jim Melino; |
|
(4) Drew Watkins, Prosper Independent School District |
|
employee; and |
|
(5) a director appointed by the governing body of the |
|
city. |
|
(b) Of the initial directors, the term of the director |
|
appointed under Subsection (a)(3) expires May 31, 2014, and the |
|
terms of the directors appointed under Subsections (a)(4) and (5) |
|
expire May 31, 2012. |
|
(c) This section expires September 1, 2014. |
|
[Sections 3885.060-3885.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 3885.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 3885.102. IMPROVEMENT PROJECTS. The district may |
|
provide, or it may enter into contracts with a governmental or |
|
private entity to provide, the improvement projects described by |
|
Subchapter C-1 or activities in support of or incidental to those |
|
projects. |
|
Sec. 3885.103. WATER DISTRICT POWERS. The district has the |
|
powers provided by the general laws relating to conservation and |
|
reclamation districts created under Section 59, Article XVI, Texas |
|
Constitution, including Chapters 49 and 54, Water Code. |
|
Sec. 3885.104. ROAD DISTRICT POWERS. The district has the |
|
powers provided by the general laws relating to road districts and |
|
road utility districts created under Section 52(b), Article III, |
|
Texas Constitution, including Chapter 441, Transportation Code. |
|
Sec. 3885.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The |
|
district has the powers provided by Chapter 372, Local Government |
|
Code, to a municipality or county. |
|
Sec. 3885.106. CONTRACT POWERS. The district may contract |
|
with a governmental or private entity, on terms determined by the |
|
board, to carry out a power or duty authorized by this chapter or to |
|
accomplish a purpose for which the district is created. |
|
Sec. 3885.107. EMERGENCY SERVICES. (a) This section |
|
applies only to territory in the district: |
|
(1) that is in the extraterritorial jurisdiction of |
|
the city; |
|
(2) for which a plat has been filed; and |
|
(3) that includes 100 or more residents. |
|
(b) To protect the public interest, the district shall |
|
provide or contract with a qualified party to provide emergency |
|
services, including law enforcement, fire, and ambulance services, |
|
in the territory described by Subsection (a). |
|
Sec. 3885.108. AMENDMENT OF DEVELOPMENT AGREEMENT. The |
|
parties to the development agreement may amend the agreement as |
|
necessary to accomplish the purposes of the district. |
|
Sec. 3885.109. ECONOMIC DEVELOPMENT. (a) The district may |
|
engage in activities that accomplish the economic development |
|
purposes of the district. |
|
(b) The district may establish and provide for the |
|
administration of one or more programs to promote state or local |
|
economic development and to stimulate business and commercial |
|
activity in the district, including programs to: |
|
(1) make loans and grants of public money; and |
|
(2) provide district personnel and services. |
|
(c) The district may create economic development programs |
|
and exercise the economic development powers that: |
|
(1) Chapter 380, Local Government Code, provides to a |
|
municipality; and |
|
(2) Subchapter A, Chapter 1509, Government Code, |
|
provides to a municipality. |
|
Sec. 3885.110. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
Sec. 3885.111. NO TOLL ROADS. The district may not |
|
construct, acquire, maintain, or operate a toll road. |
|
[Sections 3885.112-3885.150 reserved for expansion] |
|
SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES |
|
Sec. 3885.151. IMPROVEMENT PROJECTS AND SERVICES. The |
|
district may provide, design, construct, acquire, improve, |
|
relocate, operate, maintain, or finance an improvement project or |
|
service using money available to the district, or contract with a |
|
governmental or private entity to provide, design, construct, |
|
acquire, improve, relocate, operate, maintain, or finance an |
|
improvement project or service authorized under this chapter or |
|
Chapter 375, Local Government Code. |
|
Sec. 3885.152. BOARD DETERMINATION REQUIRED. The district |
|
may not undertake an improvement project unless the board |
|
determines the project: |
|
(1) is necessary to accomplish a public purpose of the |
|
district; and |
|
(2) complies with the development agreement or the |
|
parties to the development agreement agree to the project, in |
|
writing. |
|
Sec. 3885.153. LOCATION OF IMPROVEMENT PROJECT. An |
|
improvement project may be inside or outside the district. |
|
Sec. 3885.154. CITY REQUIREMENTS. (a) An improvement |
|
project in the city must comply with any applicable requirements of |
|
the city, including codes and ordinances, that are consistent with |
|
the development agreement. |
|
(b) The district may not provide, conduct, or authorize any |
|
improvement project on the city's streets, highways, |
|
rights-of-way, or easements without the consent of the governing |
|
body of the city. |
|
Sec. 3885.155. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE |
|
AREA. The district may undertake an improvement project or service |
|
that confers a special benefit on a definable area in the district |
|
and levy and collect a special assessment on benefited property in |
|
the district in accordance with: |
|
(1) Chapter 372, Local Government Code; or |
|
(2) Chapter 375, Local Government Code. |
|
Sec. 3885.156. CONTRACTS. A contract to design, construct, |
|
acquire, improve, relocate, operate, maintain, or finance an |
|
improvement project is considered a contract for a good or service |
|
under Subchapter I, Chapter 271, Local Government Code. |
|
[Sections 3885.157-3885.200 reserved for expansion] |
|
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
|
Sec. 3885.201. DIVISION OF DISTRICT; PREREQUISITE. The |
|
district may be divided into two or more new districts only if the |
|
district has no outstanding bonded debt. |
|
Sec. 3885.202. LAW APPLICABLE TO NEW DISTRICT. This |
|
chapter applies to any new district created by division of the |
|
district, and a new district has all the powers and duties of the |
|
district. |
|
Sec. 3885.203. DIVISION PROCEDURES. (a) The board, on its |
|
own motion or on receipt of a petition signed by an owner of real |
|
property in the district, may adopt an order proposing to divide the |
|
district. |
|
(b) The board may not divide the district unless the |
|
division is approved by the governing body of the city by |
|
resolution. The resolution may set terms for the division under |
|
Subsection (c). |
|
(c) If the board decides to divide the district, the board |
|
shall, subject to the city's resolution: |
|
(1) set the terms of the division, including names for |
|
the new districts and a plan for the payment or performance of any |
|
outstanding district obligations; |
|
(2) prepare a metes and bounds description for each |
|
proposed district; and |
|
(3) appoint initial directors for each new district. |
|
Sec. 3885.204. NOTICE AND RECORDING OF ORDER. Not later |
|
than the 30th day after the date of an order dividing the district, |
|
the district shall: |
|
(1) file the order with the Texas Commission on |
|
Environmental Quality; and |
|
(2) record the order in the real property records of |
|
the county in which the district is located. |
|
Sec. 3885.205. CONTRACT AUTHORITY OF NEW DISTRICTS. (a) |
|
Except as provided by Subsection (b), the new districts may |
|
contract with each other for any matter the boards of the new |
|
districts consider appropriate. |
|
(b) The new districts may not contract with each other for |
|
water and wastewater services. |
|
[Sections 3885.206-3885.250 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
|
Sec. 3885.251. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
|
board by resolution shall establish the number of directors' |
|
signatures and the procedure required for a disbursement or |
|
transfer of the district's money. |
|
Sec. 3885.252. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
|
The district may undertake and provide an improvement project or |
|
service authorized by this chapter using any money available to the |
|
district. |
|
Sec. 3885.253. BORROWING MONEY; OBLIGATIONS. (a) The |
|
district may borrow money for a district purpose without holding an |
|
election by issuing bonds, notes, time warrants, or other |
|
obligations, or by entering into a contract or other agreement |
|
payable wholly or partly from an assessment, a contract payment, a |
|
grant, revenue from a zone created under Chapter 311 or 312, Tax |
|
Code, other district revenue, or a combination of these sources. |
|
(b) An obligation described by Subsection (a): |
|
(1) may bear interest at a rate determined by the |
|
board; and |
|
(2) may include a term or condition as determined by |
|
the board. |
|
Sec. 3885.254. DEVELOPMENT AGREEMENT. Before the district |
|
borrows money or issues an obligation under Section 3885.253, the |
|
city must provide written certification to the district that no |
|
party to the development agreement is in default as of the date the |
|
district is authorized to borrow the money or enter the obligation. |
|
Sec. 3885.255. ASSESSMENTS. (a) Except as provided by |
|
Subsection (b), the district may impose an assessment on property |
|
in the district to pay for an obligation described by Section |
|
3885.253 in the manner provided for: |
|
(1) a district under Subchapters A, E, and F, Chapter |
|
375, Local Government Code; or |
|
(2) a municipality or county under Subchapter A, |
|
Chapter 372, Local Government Code. |
|
(b) The district may not impose an assessment on a |
|
municipality, county, or other political subdivision. |
|
Sec. 3885.256. NOTICE OF ASSESSMENTS. (a) The board shall |
|
annually file written notice with the secretary of the city that |
|
specifies the assessments the district will impose in the |
|
district's next fiscal year in sufficient clarity to describe the |
|
assessments for the operation and maintenance of the district and |
|
the assessments for the payment of debt service of obligations |
|
issued or incurred by the district. |
|
(b) The board shall annually record in the deed records of |
|
the county a current assessment roll approved by the governing body |
|
of the city. |
|
(c) The assessment roll must clearly state that the |
|
assessments in the assessment roll are in addition to the ad valorem |
|
taxes imposed by other taxing units that tax real property in the |
|
district. |
|
(d) The district shall generate and implement a program to |
|
provide notification to a prospective purchaser of property in the |
|
district of the assessments that have been approved and are imposed |
|
by the district. |
|
Sec. 3885.257. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
|
375.161, Local Government Code, does not apply to the district. |
|
Sec. 3885.258. NO IMPACT FEES. The district may not impose |
|
an impact fee. |
|
Sec. 3885.259. NO AD VALOREM TAX. The district may not |
|
impose an ad valorem tax. |
|
[Sections 3885.260-3885.300 reserved for expansion] |
|
SUBCHAPTER F. DISSOLUTION |
|
Sec. 3885.301. DISSOLUTION BY CITY. (a) The city may |
|
dissolve the district by ordinance. |
|
(b) The city may not dissolve the district until: |
|
(1) the district's outstanding debt or contractual |
|
obligations have been repaid or discharged; or |
|
(2) the city agrees to succeed to the rights and |
|
obligations of the district. |
|
Sec. 3885.302. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. |
|
(a) If the dissolved district has bonds or other obligations |
|
outstanding secured by and payable from assessments or other |
|
revenue, the city succeeds to the rights and obligations of the |
|
district regarding enforcement and collection of the assessments or |
|
other revenue. |
|
(b) The city shall have and exercise all district powers to |
|
enforce and collect the assessments or other revenue to pay: |
|
(1) the bonds or other obligations when due and |
|
payable according to their terms; or |
|
(2) special revenue or assessment bonds or other |
|
obligations issued by the city to refund the outstanding bonds or |
|
obligations of the district. |
|
Sec. 3885.303. ASSUMPTION OF ASSETS AND LIABILITIES. (a) |
|
After the city dissolves the district, the city assumes the |
|
obligations of the district, including any bonds or other debt |
|
payable from assessments or other district revenue. |
|
(b) If the city dissolves the district, the board shall |
|
transfer ownership of all district property to the city. |
|
SECTION 2.02. The Mustang Ranch Municipal Management |
|
District No. 1 initially includes all the territory contained in |
|
the following area: |
|
BEING a tract of land located in the COLEMAN WATSON SURVEY, |
|
ABSTRACT NO. 945, Collin County, Texas and being a part of a called |
|
632.051 acre tract of land described in Deed to Twin Eagles, Ltd. |
|
recorded in County Clerk's Document Number 96-0013989, Deed |
|
Records, Collin County, Texas and being a part of a called 12.686 |
|
acre tract of land described in Deed to Robert S. Folsom, Trustee of |
|
the Twin Eagles Qualified Personal Residence Trust recorded in |
|
County Clerk's Document Number 95-0093145, Deed Records, Collin |
|
County, Texas and being a part of a called 50.00 acre tract of land |
|
described in Deed to Twin Eagles Ltd. recorded in Volume 4826, Page |
|
2205, Deed Records, Collin County, Texas and being more |
|
particularly described as follows: |
|
BEGINNING at a 5/8 inch iron rod found in the North line of |
|
Farm-To-Market Road 1461, a variable width right-of-way, at the |
|
Southwest corner of a called 19.93 acre tract of land described in |
|
Deed to Debra Folsom Jarma and Don M. Jarma recorded in Volume 3790, |
|
Page 267, Deed Records, Collin County, Texas, said point being the |
|
Southeast corner of said 50.00 acre tract; |
|
THENCE South 89 degrees 41 minutes 18 seconds West, along the |
|
North line of said Farm-To-Market Road 1461, a distance of 750.84 |
|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
|
set for corner, from which a 1/2 inch iron found bears South 76 |
|
degrees 31 minutes 14 seconds West, a distance of 2.08 feet; |
|
THENCE South 89 degrees 16 minutes 18 seconds West, |
|
continuing long the North line of said Farm-To-Market Road 1461, a |
|
distance of 231.01 feet to a 1/2 inch iron rod with a yellow plastic |
|
cap stamped "DAA" set at the Southwest corner of Lot 30, Block C of |
|
TWELVE OAKS PHASE II, an Addition to Collin County, Texas according |
|
to the Plat thereof recorded in Cabinet P, Slide 486, Map Records, |
|
Collin County, Texas, from which a 1/2 inch iron rod with a yellow |
|
plastic cap stamped "EC&D RPLS 5439" bears South 06 degrees 27 |
|
minutes 24 seconds West, a distance of 0.32 feet; |
|
THENCE North 00 degrees 54 minutes 55 seconds East, along the |
|
West line of said TWELVE OAKS PHASE II, a distance of 2,206.67 feet |
|
to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set in |
|
the South line of said 632.051 acre tract at the Northeast corner of |
|
Lot 18, Block C of said TWELVE OAKS PHASE II, from which a 1/2 inch |
|
iron rod with a yellow plastic cap stamped "ROOME" bears South 50 |
|
degrees 24 minutes 07 seconds West, a distance of 0.44 feet; |
|
THENCE South 89 degrees 37 minutes 23 seconds West, along the |
|
North line of said TWELVE OAKS PHASE II, a distance of 2,146.50 feet |
|
to a 3/8 inch iron rod found at the Southwest corner of said 632.051 |
|
acre tract; |
|
THENCE North 00 degrees 07 minutes 29 seconds East, along the |
|
West line of said 632.051 acre tract, a distance of 1,637.32 feet to |
|
a point for corner in the approximate centerline of Wilson Creek and |
|
in the East line of Lot 5, Block A of WILSON CREEK ESTATES, an |
|
Addition to Collin County, Texas according to the Plat thereof |
|
recorded in Cabinet J, Slide 605, Map Records, Collin County, |
|
Texas; |
|
THENCE Northerly, along the East line of said WILSON CREEK |
|
ESTATES and the approximate centerline of said Wilson Creek, the |
|
following five (5) courses and distances; North 39 degrees 31 |
|
minutes 50 seconds East, a distance of 1.00 feet to a point for |
|
corner; North 14 degrees 09 minutes 54 seconds East, a distance of |
|
67.24 feet to a point for corner; North 01 degrees 45 minutes 24 |
|
seconds West, a distance of 113.30 feet to a point for corner; North |
|
08 degrees 43 minutes 39 seconds West, a distance of 137.99 feet to |
|
point for corner; North 02 degrees 14 minutes 13 seconds West, a |
|
distance of 113.37 feet to point at the Southeast corner of WILSON |
|
CREEK ESTATES 2, an Addition to Collin County, Texas according to |
|
the Plat thereof recorded in Cabinet K, Slide 192, Map Records, |
|
Collin County, Texas; |
|
THENCE Northerly, along the East line of said WILSON CREEK |
|
ESTATES 2 and the approximate centerline of said Wilson Creek, the |
|
following eight (8) courses and distances; North 15 degrees 56 |
|
minutes 43 seconds East, a distance of 284.21 feet to point for |
|
corner; North 27 degrees 49 minutes 29 seconds East, a distance of |
|
53.72 feet to a point for corner; North 13 degrees 03 minutes 17 |
|
seconds East, a distance of 109.39 feet to point for corner; North |
|
10 degrees 02 minutes 27 seconds West, a distance of 235.76 feet to |
|
point for corner; North 04 degrees 58 minutes 53 seconds East, a |
|
distance of 56.26 feet to a point for corner; North 05 degrees 12 |
|
minutes 56 seconds West, a distance of 121.33 feet to point for |
|
corner; North 09 degrees 39 minutes 44 seconds West, a distance of |
|
165.65 feet to point for corner; North 01 degrees 30 minutes 36 |
|
seconds East, a distance of 45.98 feet to a point for corner in the |
|
South line of a called 185.094 acre tract of land described as Tract |
|
One in Deed to J. Baxter Brinkman recorded in County Clerk's |
|
Document Number 92-0052450, Deed Records, Collin County, Texas, |
|
from which a 3/4 inch iron rod found bears South 89 degrees 38 |
|
minutes 46 seconds West; a distance of 39.22 feet; |
|
THENCE North 89 degrees 38 minutes 46 seconds East, along the |
|
common line of said 185.094 acre tract and said 632.051 acre tract, |
|
a distance of 1,947.39 feet to a 1/2 inch iron rod found for corner; |
|
THENCE North 00 degrees 14 minutes 27 seconds West, along the |
|
common line of said 185.094 acre tract and said 632.051 acre tract, |
|
a distance of 1,721.69 feet to a 1/2 inch iron rod with a yellow |
|
plastic cap stamped "DAA" set at the Southwest corner of a called |
|
5.384 acre tract of land described as Tract Two in Deed to J. Baxter |
|
Brinkman recorded in County Clerk's Document Number 92-0052450, |
|
Deed Records, Collin County, Texas, from which a 1/2 inch iron rod |
|
found bears South 85 degrees 18 minutes 16 seconds West, a distance |
|
of 1.01 feet; |
|
THENCE Easterly, along the common line of said 5.384 acre |
|
tract and said 632.051 acre tract, the following six (6) courses and |
|
distances: North 89 degrees 48 minutes 09 seconds East, a distance |
|
of 2,167.88 feet to a 1/2 inch iron rod with a yellow plastic cap |
|
stamped "COLLIS RPLS 1764" found for corner; North 89 degrees 49 |
|
minutes 55 seconds East, a distance of 465.82 feet to a 1/2 inch |
|
iron rod with a yellow plastic cap stamped "DAA" set for corner, |
|
from which a 1/2 inch iron rod found bears South 35 degrees 46 |
|
minutes 01 seconds West, a distance of 0.39 feet; North 89 degrees |
|
47 minutes 20 seconds East, a distance of 305.39 feet to a 1/2 inch |
|
iron rod found for corner; North 89 degrees 51 minutes 51 seconds |
|
East, a distance of 816.05 feet to a 1/2 inch iron rod with a yellow |
|
plastic cap stamped "DAA" set for corner; South 89 degrees 56 |
|
minutes 24 seconds East, a distance of 311.73 feet to a 1/2 inch |
|
iron rod with a yellow plastic cap stamped "DAA" set for corner; |
|
North 89 degrees 42 minutes 42 seconds East, a distance of 330.59 |
|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
|
set at the Northwest corner of a called 1.0000 acre tract of land |
|
described in Deed to Danville Water Supply Corporation recorded in |
|
Volume 1992, Page 738, Deed Records, Collin County, Texas; |
|
THENCE South 00 degrees 15 minutes 01 seconds East, along the |
|
common line of said 1.0000 acre tract and said 632.051 acre tract, a |
|
distance of 146.88 feet to a 1/2 inch iron rod found for corner; |
|
THENCE North 89 degrees 44 minutes 59 seconds East, |
|
continuing along the common line of said 1.0000 acre tract and said |
|
632.051 acre tract a distance of 299.37 feet to a 1/2 inch iron rod |
|
with a yellow plastic cap stamped "DAA" set for corner in the West |
|
line of Farm-To-Market Road 2478, a variable width right-of-way, |
|
from which a 1/2 inch iron rod found bears South 89 degrees 44 |
|
minutes 59 seconds East, a distance of 0.33 feet; |
|
THENCE Southerly, along the West line of said Farm-To-Market |
|
Road 2478, the following eight (8) courses and distances: South 04 |
|
degrees 07 minutes 13 seconds East, a distance of 113.40 feet to a |
|
wood right-of-way marker found for corner; South 03 degrees 46 |
|
minutes 13 seconds East, a distance of 525.05 feet to a 1/2 inch |
|
iron rod found for corner; South 01 degrees 56 minutes 26 seconds |
|
West, a distance of 100.50 feet to a nail found in wood right-of-way |
|
marker for corner; South 03 degrees 46 minutes 13 seconds East, a |
|
distance of 200.00 feet to a 1/2 inch iron rod with a yellow plastic |
|
cap stamped "DAA" set for corner, from which a wood right-of-way |
|
marker found bears North 78 degrees 39 minutes 45 seconds West, a |
|
distance of 0.95 feet; South 09 degrees 28 minutes 51 seconds East, |
|
a distance of 100.50 feet to a 1/2 inch iron rod with a yellow |
|
plastic cap stamped "DAA" set for corner; South 03 degrees 46 |
|
minutes 13 seconds East, a distance of 415.90 feet to a wood |
|
right-of-way marker found for corner at the beginning of a curve to |
|
the right having a central angle of 03 degrees 41 minutes 00 |
|
seconds, a radius of 5,679.58 feet and a chord bearing and distance |
|
of South 01 degrees 55 minutes 43 seconds East, 365.06 feet; |
|
Southerly, along said curve to the right, an arc distance of 365.12 |
|
feet to a wood right-of-way marker found for corner; South 00 |
|
degrees 05 minutes 13 seconds East, a distance of 2,278.15 feet to a |
|
1/2 inch iron rod with a yellow plastic cap stamped "DAA" set at the |
|
Northeast corner of a called 1.000 acre tract of land described in |
|
Deed to Rhea's Mill Baptist Church recorded in Volume 1745, Page |
|
773, Deed Records, Collin County, Texas, from which a 1/2 inch |
|
square pipe found bears South 89 degrees 48 minutes 02 seconds West, |
|
a distance of 1.07 feet; |
|
THENCE South 89 degrees 48 minutes 02 seconds West, a |
|
distance of 291.81 feet to a 1/2 inch iron rod found at the |
|
Northwest corner of said Rhea's Mill Baptist Church tract; |
|
THENCE South 00 degrees 20 minutes 34 seconds East, a |
|
distance of 150.52 feet to a 1/2 inch iron rod with a yellow plastic |
|
cap stamped "DAA" set for corner in the North line of Lot 4 of |
|
ROLLING MEADOWS ESTATES, an Addition to Collin County, Texas |
|
according to the Plat thereof recorded in Cabinet P, Slide 486, Map |
|
Records, Collin County, Texas; |
|
THENCE South 89 degrees 40 minutes 07 seconds West, along the |
|
common line of said ROLLING MEADOWS ESTATES and said 632.051 acre |
|
tract, passing at a distance of 1,509.89 feet a 1 inch iron rod |
|
found at the Northwest corner of said ROLLING MEADOWS ESTATES and |
|
the Northeast corner of a called 81.104 acre tract described in Deed |
|
to Debra F. Jarma and Don M. Jarma recorded in County Clerk's |
|
Document Number 95-0092267, Deed Records, Collin County, Texas and |
|
continuing along the common line of said 81.104 acre tract and said |
|
632.051 acre tract, in all for a total distance of 2,209.89 feet to |
|
a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for |
|
corner; |
|
THENCE South 00 degrees 52 minutes 41 seconds West, along the |
|
common line of said 81.104 acre tract and said 632.051 acre tract, a |
|
distance of 421.13 feet to a 1/2 inch iron rod with a yellow plastic |
|
cap stamped "DAA" set for corner; |
|
THENCE South 89 degrees 27 minutes 07 seconds West, |
|
continuing along the common line of said 81.104 acre tract and said |
|
632,051 acre tract, a distance of 1,159.85 feet to a 1/2 inch iron |
|
square pipe found at the Northwest corner of said 81.104 acre tract |
|
and the Northeast corner of a called 11.252 acre tract of land |
|
described in Deed to Debra F. Jarma and Don M. Jarma recorded in |
|
Volume 4973, Page 3420, Deed Records, Collin County, Texas; |
|
THENCE South 89 degrees 24 minutes 47 seconds West, along the |
|
common line of said 11.252 acre tract and said 632.051 acre tract, a |
|
distance of 281.99 feet to a 1/2 inch iron rod with a yellow plastic |
|
cap stamped "DAA" set at the Northwest corner of said 11.252 acre |
|
tract; |
|
THENCE Southerly, along the West line of said 11.252 acre |
|
tract, the following six (6) courses and distances: South 00 |
|
degrees 55 minutes 08 seconds West, a distance of 420.00 feet to a |
|
1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for |
|
corner; South 14 degrees 29 minutes 02 seconds East, a distance of |
|
241.26 feet to a 1/2 inch iron rod with a yellow plastic cap stamped |
|
"DAA" set for corner; South 00 degrees 55 minutes 08 seconds West, a |
|
distance of 320.00 feet to a 1/2 inch iron rod with a yellow plastic |
|
cap stamped "DAA" set for corner; South 12 degrees 45 minutes 08 |
|
seconds West, a distance of 449.55 feet to a 1/2 inch iron rod with a |
|
yellow plastic cap stamped "DAA" set for corner; South 19 degrees 10 |
|
minutes 32 seconds East, a distance of 436.57 feet to a 1/2 inch |
|
iron rod with a yellow plastic cap stamped "DAA" set for corner; |
|
South 33 degrees 22 minutes 42 seconds East, a distance of 288.40 |
|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
|
set for corner in the West line of said 19.93 acre tract; |
|
THENCE South 01 degrees 56 minutes 48 seconds West, along the |
|
West line of said 19.93 acre tract, a distance of 139.88 feet to the |
|
POINT OF BEGINNING and containing 681.999 acres of land, more or |
|
less. |
|
SECTION 2.03. (a) The legal notice of the intention to |
|
introduce this article, setting forth the general substance of this |
|
article, has been published as provided by law, and the notice and a |
|
copy of this article 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 article to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this article with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this article have been |
|
fulfilled and accomplished. |
|
SECTION 2.04. This article takes effect September 1, 2011. |
|
ARTICLE 3. CASE CREEK MUNICIPAL UTILITY DISTRICT NO. 1 OF GRAYSON |
|
COUNTY |
|
SECTION 3.01. Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 8249 to read as follows: |
|
CHAPTER 8249. CASE CREEK MUNICIPAL UTILITY DISTRICT NO. 1 OF |
|
GRAYSON COUNTY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8249.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Case Creek Municipal Utility |
|
District No. 1 of Grayson County. |
|
Sec. 8249.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 8249.003. CONFIRMATION AND DIRECTORS' ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five permanent |
|
directors as provided by Section 49.102, Water Code. |
|
Sec. 8249.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
|
The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 8249.005. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 3.02 of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 3.02 |
|
of the Act enacting this chapter form a closure. A mistake made in |
|
the field notes or in copying the field notes in the legislative |
|
process does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
[Sections 8249.006-8249.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8249.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 8249.052, directors serve |
|
staggered four-year terms. |
|
Sec. 8249.052. TEMPORARY DIRECTORS. (a) On or after |
|
September 1, 2011, the owner or owners of a majority of the assessed |
|
value of the real property in the district may submit a petition to |
|
the commission requesting that the commission appoint as temporary |
|
directors the five persons named in the petition. The commission |
|
shall appoint as temporary directors the five persons named in the |
|
petition. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8249.003; or |
|
(2) September 1, 2015. |
|
(c) If permanent directors have not been elected under |
|
Section 8249.003 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (d) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8249.003; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
[Sections 8249.053-8249.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8249.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 8249.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 8249.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
|
52, Article III, Texas Constitution, the district may design, |
|
acquire, construct, finance, issue bonds for, improve, operate, |
|
maintain, and convey to this state, a county, or a municipality for |
|
operation and maintenance macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 8249.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
|
project must meet all applicable construction standards, zoning and |
|
subdivision requirements, and regulations of each municipality in |
|
whose corporate limits or extraterritorial jurisdiction the road |
|
project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
Sec. 8249.105. COSTS OF ROAD PROJECT. The district shall |
|
bear the cost of maintaining, improving, operating, and repairing a |
|
road located in the district and authorized by Section 8249.103 in |
|
accordance with all applicable ordinances and rules of the |
|
political subdivision authorized to exercise jurisdiction over the |
|
road, regardless of whether the district conveys the road to this |
|
state, a county, or a municipality. |
|
Sec. 8249.106. LIMITATION ON USE OF EMINENT DOMAIN. The |
|
district may not exercise the power of eminent domain outside the |
|
district to acquire a site or easement for: |
|
(1) a road project authorized by Section 8249.103; or |
|
(2) a recreational facility as defined by Section |
|
49.462, Water Code. |
|
Sec. 8249.107. LIMITATION ON WATER SUPPLY AND WASTEWATER |
|
SERVICES; USE OF DISTRICT FACILITIES BY TWO WAY SPECIAL UTILITY |
|
DISTRICT. (a) The district may not act as a retail provider of |
|
water or wastewater services in the district except as provided by |
|
this section. |
|
(b) Except as provided by Subsection (c), the district shall |
|
convey or otherwise assign the district's water supply facilities |
|
and wastewater facilities to Two Way Special Utility District. |
|
(c) If Two Way Special Utility District refuses or is unable |
|
to provide water supply or wastewater service to customers located |
|
in the district, the district may retain the necessary facilities |
|
and provide water supply or wastewater service, as applicable, to |
|
those customers. |
|
[Sections 8249.108-8249.150 reserved for expansion] |
|
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
|
Sec. 8249.151. DIVISION OF DISTRICT; PREREQUISITES. The |
|
district may be divided into two or more new districts only if the |
|
district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
Sec. 8249.152. LAW APPLICABLE TO NEW DISTRICT. This |
|
chapter applies to any new district created by division of the |
|
district, and a new district has all the powers and duties of the |
|
district. |
|
Sec. 8249.153. LIMITATION ON AREA OF NEW DISTRICT. A new |
|
district created by the division of the district may not, at the |
|
time the new district is created, contain any land outside the area |
|
described by Section 3.02 of the Act enacting this chapter. |
|
Sec. 8249.154. DIVISION PROCEDURES. (a) The board, on its |
|
own motion or on receipt of a petition signed by the owner or owners |
|
of a majority of the assessed value of the real property in the |
|
district, may adopt an order dividing the district. |
|
(b) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
8249.003 to confirm the district's creation. |
|
(c) An order dividing the district must: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint temporary directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between the new districts. |
|
(d) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the commission and record the order in the real property |
|
records of each county in which the district is located. |
|
Sec. 8249.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a) |
|
A new district created by the division of the district shall hold a |
|
confirmation and directors' election as required by Section |
|
8249.003. |
|
(b) If the creation of the new district is confirmed, the |
|
new district shall provide the election date and results to the |
|
commission. |
|
Sec. 8249.156. TAX OR BOND ELECTION. Before a new district |
|
created by the division of the district may impose a maintenance tax |
|
or issue bonds payable wholly or partly from ad valorem taxes, the |
|
new district must hold an election as required by this chapter to |
|
obtain voter approval. |
|
[Sections 8249.157-8249.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8249.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
|
district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section 8249.203. |
|
(b) The district must hold an election in the manner |
|
provided by Chapters 49 and 54, Water Code, to obtain voter approval |
|
before the district may impose an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(c) The district may not issue bonds payable from ad valorem |
|
taxes to finance a road project unless the issuance is approved by a |
|
vote of a two-thirds majority of the district voters voting at an |
|
election held for that purpose. |
|
Sec. 8249.202. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8249.201, the district |
|
may impose an operation and maintenance tax on taxable property in |
|
the district in accordance with Section 49.107, Water Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 8249.203. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
[Sections 8249.204-8249.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS |
|
Sec. 8249.251. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
|
Sec. 8249.252. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 8249.253. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
|
SECTION 3.02. The Case Creek Municipal Utility District No. |
|
1 of Grayson County initially includes all the territory contained |
|
in the following area: |
|
TRACT 1 |
|
BEING A 734.245 ACRE TRACT OF LAND SITUATED IN THE PATSY KITCHENS |
|
SURVEY, ABSTRACT NO. 666, THE RACHEL HANNING SURVEY, ABSTRACT NO. |
|
547, THE JAMES THOMAS SURVEY, ABSTRACT NO. 1235, THE B.B.B. & C.R.R. |
|
SURVEY, ABSTRACT NO. 167 AND THE H.L. NOLAND SURVEY, ABSTRACT NO. |
|
1550, GRAYSON COUNTY, TEXAS AND BEING ALL OF THE FOLLOWING TRACTS OF |
|
LAND, THAT TRACT OF LAND DESCRIBED IN DEED TO BLUE ISLAND PARTNERS, |
|
LTD., RECORDED IN VOLUME 4076, PAGE 824, THAT TRACT OF LAND |
|
DESCRIBED IN DEED TO THE NICID LIMITED PARTNERSHIP, RECORDED IN |
|
VOLUME 3734, PAGE 246 AND THAT TRACT OF LAND DESCRIBED IN DEED TO |
|
202 BOREN ROAD PARTNERS, LLC, RECORDED IN VOLUME 4223, PAGE 252 OF |
|
THE OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS. SAID 734.245 |
|
ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE |
|
COORDINATES, NORTH CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE 2002), |
|
DETERMINED BY GPS OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND |
|
JULIAN DAY 259, 2004, CALCULATED FROM COLLIN CORS ARP (PID-DF8982) |
|
AND DENTON CORS ARP (PID-DF8986), |
|
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING AT A 60D NAIL FOUND FOR THE NORTHEAST CORNER OF SAID BLUE |
|
ISLAND TRACT, SAID NAIL BEING THE SOUTHEAST CORNER OF A TRACT AS |
|
DESCRIBED IN DEED TO JERRY TODD, FILED JUNE 27, 1977, AND RECORDED |
|
IN VOLUME 1392 PAGE 797 OF SAID DEED RECORDS, SAID NAIL ALSO BEING |
|
IN THE WEST LINE OF A TRACT AS DESCRIBED IN DEED TO JEFF JOHNSON AND |
|
WIFE CARYANN JOHNSON, FILED DECEMBER 05, 2002, AND RECORDED IN |
|
VOLUME 3363, PAGE 624 OF DEED RECORDS, GRAYSON COUNTY, TEXAS, SAID |
|
NAIL ALSO BEING AT THE INTERSECTION OF DAVIS ROAD AND MACOMB |
|
CEMETERY ROAD; |
|
THENCE, SOUTH 00 DEGREES 41 MINUTES 37 SECONDS EAST, WITH THE EAST |
|
LINE OF SAID BLUE ISLAND TRACT, AND WITH THE WEST LINE OF SAID |
|
JOHNSON TRACT, AND ALONG SAID DAVIS ROAD, A DISTANCE OF 1738.20 FEET |
|
TO A 1/2 INCH STEEL SQUARE TUBING FOUND FOR AN ELL CORNER OF SAID |
|
BLUE ISLAND TRACT, AND THE SOUTHWEST CORNER OF SAID JOHNSON TRACT, |
|
AND AT A TURN IN SAID ROAD; |
|
THENCE, NORTH 88 DEGREES 46 MINUTES 03 SECONDS EAST, WITH A NORTH |
|
LINE OF SAID BLUE ISLAND TRACT, AND WITH THE SOUTH LINE OF SAID |
|
JOHNSON TRACT, AND ALONG SAID DAVIS ROAD, A DISTANCE OF 620.31 FEET |
|
TO A 1/2 INCH STEEL REBAR FOUND FOR THE MOST EASTERLY NORTHEAST |
|
CORNER OF SAID BLUE ISLAND TRACT, SAID REBAR BEING ON THE SOUTH LINE |
|
OF SAID JOHNSON TRACT, SAID REBAR BEING THE NORTHWEST CORNER OF A |
|
TRACT AS DESCRIBED IN DEED TO THE NICID LIMITED PARTNERSHIP, FILED |
|
SEPTEMBER 22, 2004, AND RECORDED IN VOLUME 3734, PAGE 246, OFFICIAL |
|
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID REBAR ALSO BEING IN |
|
SAID ROAD; |
|
THENCE, NORTH 89 DEGREES 31 MINUTES 32 SECONDS EAST, WITH THE NORTH |
|
LINE OF SAID NICID TRACT, AND IN DAVIS ROAD, A DISTANCE OF 2414.87 |
|
FEET TO A 1/2 INCH STEEL SQUARE TUBING FOUND, SAID TUBING BEING THE |
|
NORTHEAST CORNER OF SAID NICID TRACT, AND THE NORTHWEST CORNER OF A |
|
TRACT AS DESCRIBED IN DEED TO DIAMOND H RANCH, LP, AND RECORDED IN |
|
VOLUME 4052, PAGE 184, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, |
|
TEXAS, SAID TUBING ALSO BEING IN DAVIS ROAD; |
|
THENCE, SOUTH 00 DEGREES 26 MINUTES 08 SECONDS EAST, WITH THE EAST |
|
LINE OF SAID NICID TRACT, AND THE WEST LINE OF SAID DIAMOND H TRACT, |
|
AND PASSING AT 20.34 FEET A PIPE FENCE CORNER POST ON THE SOUTH SIDE |
|
OF SAID DAVIS ROAD, AND CONTINUING ON SAID COURSE FOR A TOTAL |
|
DISTANCE OF 2645.90 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC |
|
CAP STAMPED "CARTER BURGESS" SET FOR AN ELL CORNER OF SAID NICID AND |
|
DIAMOND H TRACTS; |
|
THENCE, SOUTH 89 DEGREES 24 MINUTES 16 SECONDS WEST, WITH THE SOUTH |
|
LINE OF SAID NICID TRACT, A DISTANCE OF 989.63 FEET TO A 5/8 INCH |
|
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR AN |
|
ELL CORNER OF SAID NICID AND DIAMOND H TRACT; |
|
THENCE, SOUTH 00 DEGREES 31 MINUTES 07 SECONDS EAST, A DISTANCE OF |
|
614.83 FEET TO A 1/2 INCH STEEL REBAR FOUND FOR A SOUTHEAST CORNER |
|
OF SAID NICID AND AN ELL CORNER OF SAID DIAMOND H TRACT; |
|
THENCE, SOUTH 89 DEGREES 38 MINUTES 58 SECONDS WEST, WITH THE |
|
APPARENT SOUTH LINE OF SAID NICID TRACT, A DISTANCE OF 2189.66 FEET |
|
TO A POINT CORNER; |
|
THENCE, SOUTH 00 DEGRESS 58 MINUTES 28 SECONDS WEST, PASSING AT A |
|
DISTANCE OF 14.49 FEET A 1/2" IRON ROD FOUND AT THE NORTHEAST CORNER |
|
OF SAID 202 BOREN ROAD PARTNERS TRACT AND THE NORTHWEST CORNER OF |
|
THAT TRACT OF LAND DESCRIBED IN DEED TO DEWEY MCGILL, JR., RECORDED |
|
IN VOLUME 2426, PAGE 836, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, |
|
TEXAS, AND CONTINUING WITH THE EAST LINE OF SAID 202 BOREN ROAD |
|
PARTNERS TRACT, THE WEST LINE OF SAID MCGILL TRACT, CROSSING THE |
|
SOUTH LINE OF SAID NOLAND SURVEY AND THE NORTH LINE OF SAID B.B.B. & |
|
C.R.R. SURVEY, AND CONTINUING FOR A TOTAL DISTANCE OF 2317.78 FEET |
|
TO A 1/2 INCH IRON ROD FOUND ON THE NORTH LINE OF THAT TRACT OF LAND |
|
DESCRIBED IN DEED TO DIANE S. MORGAN, RECORDED IN VOLUME 3368, PAGE |
|
355, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 88 DEGRESS 25 MINUTES 06 SECONDS WEST, WITH THE NORTH |
|
LINES OF SAID DIANE MORGAN TRACT, THE NORTH LINE OF A 20.000 ACRE |
|
TRACT OF LAND CONVEYED TO GLEN D. MORGAN BY DEED DATED APRIL 11, |
|
2000, RECORDED IN VOLUME 2914, PAGE 61, OFFICIAL PUBLIC RECORDS, |
|
GRAYSON COUNTY, TEXAS AND THE SOUTH LINE OF SAID 202 BOREN ROAD |
|
PARTNERS TRACT, FOR A DISTANCE OF 1627.84 FEET TO A 60D NAIL FOUND |
|
AT THE SOUTHWEST CORNER OF BOTH SAID B.B.B. & C.R.R. SURVEY AND THE |
|
SOUTHEAST CORNER OF SAID THOMAS SURVEY, FOR THE MOST SOUTHERLY |
|
SOUTHWEST CORNER OF SAID 202 BOREN ROAD PARTNERS TRACT AND THE |
|
SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED TO TOM W. |
|
PINGLETON, DATED AUGUST 15, 2006, RECORDED IN VOLUME 4105, PAGE |
|
811, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, |
|
THENCE, NORTH 01 DEGREES 40 MINUTES 41 SECONDS EAST, WITH THE WEST |
|
LINES OF BOTH SAID B.B.B. & C.R.R. SURVEY, AND SAID 202 BOREN ROAD |
|
PARTNERS TRACT AND THE EAST LINES OF THE FOLLOWING, SAID THOMAS |
|
SURVEY, TRACT 1 DESCRIBED IN DEED TO JAMES DOUGLAS SCHULTZ, |
|
RECORDED IN VOLUME 1646, PAGE 617 DEED RECORDS, GRAYSON COUNTY, |
|
TEXAS, SAID PINGLETON TRACT, THAT TRACT OF LAND DESCRIBED IN DEED TO |
|
GINGER BLALOCK, DATED AUGUST 28,1998, RECORDED IN VOLUME 2695, PAGE |
|
380, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, THAT TRACT OF |
|
LAND DESCRIBED IN DEED TO JAMES C. BLAKE, ET UX, DATED OCTOBER 9, |
|
1998, RECORDED IN VOIUME 2709, PAGE 366, OFFICIAL PUBLIC RECORDS, |
|
GRAYSON COUNTY, TEXAS, THAT TRACT OF LAND DESCRIBED IN DEED TO |
|
MICHAEL W. WALKER, AND MONIQUE R. WALKER, DATED DECEMBER 22, 2004, |
|
RECORDED IN VOLUME 3790, PAGE 348, OFFICIAL PUBLIC RECORDS, GRAYSON |
|
COUNTY, TEXAS AND THAT TRACT OF LAND DESCRIBED IN DEED TO NANCY |
|
SUSAN PARKER, DATED DECEMBER 1, 1993, RECORDED IN VOLUME 2306, PAGE |
|
433, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS FOR A DISTANCE |
|
OF 2132.79 FEET TO A 1/2 INCH IRON ROD FOUND AT THE NORTHEAST CORNER |
|
OF SAID PARKER TRACT AT AN ELL CORNER OF SAID 202 BOREN ROAD |
|
PARTNERS TRACT; |
|
THENCE, NORTH 86 DEGRESS 41 MINUTES 55 SECONDS WEST, WITH THE NORTH |
|
LINE OF SAID PARKER TRACT, AND A SOUTH LINE OF SAID 202 BOREN ROAD |
|
PARTNERS TRACT, A DISTANCE OF 1332.93 FEET TO A PK NAIL FOUND FOR |
|
THE NORTHWEST CORNER OF SAID PARKER TRACT IN THE EAST LINE OF THAT |
|
TRACT OF LAND DESCRIBED IN DEED TO MYRNA RHEUDASIL, INDIVIDUALLY BY |
|
DEED DATED APRIL 21, 1992, RECORDED IN VOLUME 2208, PAGE 492, |
|
OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS IN THE CENTER OF A |
|
PUBLIC ROAD KNOWN AS BOREN ROAD; |
|
THENCE NORTH 01 DEGREES, 59 MINUTES 16 SECONDS EAST, WITH THE CENTER |
|
OF SAID BOREN ROAD, THE WEST LINE OF SAID 202 BOREN ROAD PARTNERS |
|
TRACT, THE EAST LINE OF SAID RHEUDASIL TRACT FOR A DISTANCE OF |
|
411.44 FEET TO A 1/2 INCH IRON ROD FOUND AT THE NORTHEAST CORNER OF |
|
SAID RHEUDASIL TRACT, ON THE NORTH LINE OF SAID THOMAS SURVEY, THE |
|
SOUTH LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN |
|
ROAD PARTNERS TRACT; |
|
THENCE, NORTH 88 DEGRESS 28 MINUTES 34 SECONDS WEST, WITH THE NORTH |
|
LINE OF BOTH SAID THOMAS SURVEY, AND SAID RHEUDASIL TRACT, THE SOUTH |
|
LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN ROAD |
|
PARTNERS TRACT, CONTINUING ALONG SAID BOREN ROAD, FOR A DISTANCE OF |
|
1333.90 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED |
|
"CARTER BURGESS" SET AT THE SOUTHWEST CORNER OF BOTH SAID RACHEL |
|
HANNING SURVEY, AND SAID 202 BOREN ROAD PARTNERS TRACT, THE |
|
SOUTHEAST CORNER OF THE JAMES M. THOMAS SURVEY, ABSTRACT NO. 1212, |
|
THE MOST SOUTHERLY SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED |
|
IN DEED TO CALVIN BLEDSOE, RECORDED IN VOLUME 2546, PAGE 224, |
|
OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 01 DEGRESS 36 MINUTES 58 SECONDS EAST, WITH THE WEST |
|
LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN ROAD |
|
PARTNERS TRACT, THE EAST LINE OF SAID JAMES THOMAS SURVEY, ABST. NO. |
|
1212, AND SAID BLEDSOE TRACT, FOR A DISTANCE OF 1595.82 FEET TO A |
|
1/2 INCH IRON ROD CAPPED "COX 4577" FOUND AT THE NORTHWEST CORNER OF |
|
SAID 202 BOREN ROAD PARTNERS TRACT, THE MOST WESTERLY SOUTHWEST |
|
CORNER OF A 300.43 ACRE TRACT OF LAND DESCRIBED IN DEED TO BLUE |
|
ISLAND PARTNERS, LTD. BY DEED DATED JUNE 28, 2006, RECORDED IN |
|
VOLUME 4076, PAGE 824, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, |
|
TEXAS; |
|
THENCE, NORTH 01 DEGREES 26 MINUTES 55 SECONDS EAST, WITH THE WEST |
|
LINE OF SAID BLUE ISLAND TRACT, AND WITH THE EAST LINE OF SAID |
|
BLEDSOE TRACT, A DISTANCE OF 1631.30 FEET TO A 1/2 INCH IRON ROD |
|
CAPPED "COX 4577" FOUND FOR THE WESTERN MOST NORTHWEST CORNER OF |
|
BLUE ISLAND TRACT, AND THE NORTHEAST CORNER OF SAID BLEDSOE TRACT; |
|
THENCE, NORTH 89 DEGREES 27 MINUTES 39 SECONDS EAST, WITH A NORTH |
|
LINE OF SAID BLUE ISLAND TRACT, A DISTANCE OF 1676.04 FEET TO A 5/8 |
|
INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET |
|
FOR AN ELL CORNER OF SAID BLUE ISLAND TRACT, AND THE SOUTHEAST |
|
CORNER OF A TRACT AS DESCRIBED IN DEED TO NANCY SUSAN PARKER, FILED |
|
SEPTEMBER 15, 1993, AND RECORDED IN VOLUME 2306 PAGE 433, OFFICIAL |
|
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 00 DEGREES 18 MINUTES 02 SECONDS WEST, WITH THE WEST |
|
LINE OF SAID BLUE ISLAND TRACT, AND WITH THE EAST LINE OF SAID |
|
PARKER TRACT, A DISTANCE OF 1411.57 FEET TO A 5/8 INCH IRON ROD WITH |
|
YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR THE NORTHWEST |
|
CORNER OF SAID BLUE ISLAND TRACT, SAID IRON ROD BEING THE NORTHEAST |
|
CORNER OF SAID PARKER TRACT, SAID IRON ROD ALSO BEING ON THE SOUTH |
|
LINE OF SAID BLEDSOE TRACT, SAID IRON ROD BEING IN SAID MACOMB |
|
CEMETERY ROAD; |
|
THENCE, SOUTH 88 DEGREES 57 MINUTES 45 SECONDS EAST, WITH THE NORTH |
|
LINE OF SAID BLUE ISLAND TRACT, ALONG SAID ROAD, PASSING THE |
|
SOUTHEAST CORNER OF SAID BLEDSOE TRACT, AND THE SOUTHWEST CORNER OF |
|
SAID TODD TRACT, AND CONTINUING ALONG SAID COURSE, A DISTANCE OF |
|
2597.18 FEET TO THE POINT OF BEGINNING AND CONTAINING 734.245 ACRES |
|
OF LAND, MORE OR LESS. |
|
TRACT 2 |
|
BEING A 558.197 ACRE TRACT OF LAND SITUATED IN THE BURK TRAMMEL |
|
SURVEY, ABSTRACT NUMBER 1229, GRAYSON COUNTY, TEXAS, SAID 558.132 |
|
ACRE TRACT BEING COMPRISED BY THE TOTAL OF 6 TRACTS OF LAND RECORDED |
|
IN THE OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, A TRACT OF |
|
LAND DESCRIBED IN A DEED TO W.P. PELPHREY AND C.F. PELPHREY AS |
|
RECORDED IN VOLUME 205, PAGE 591, DEED RECORDS, GRAYSON COUNTY, |
|
TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO W.P. PELPHREY AS |
|
RECORDED IN VOLUME 234, PAGE 113, DEED RECORDS, GRAYSON COUNTY, |
|
TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO A.T. PELPHREY AS |
|
RECORDED IN VOLUME 129, PAGE 171, DEED RECORDS, GRAYSON COUNTY, |
|
TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO JACK M. DECORDOVA AND |
|
WIFE FRANCES M. DECORDOVA AS RECORDED IN VOLUME 1280, PAGE 29, DEED |
|
RECORDS, GRAYSON COUNTY, TEXAS, A TRACT OF LAND DESCRIBED IN A DEED |
|
TO C.F. PELPHREY AS RECORDED IN VOLUME 550, PAGE 399, DEED RECORDS, |
|
GRAYSON COUNTY, TEXAS, AND A TRACT OF LAND DESCRIBED IN A DEED TO |
|
W.P. PELPHREY AS RECORDED IN VOLUME 234, PAGE 113, DEED RECORDS, |
|
GRAYSON COUNTY, TEXAS, SAID 558.197 ACRE TRACT WITH BEARING BASIS |
|
BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL |
|
ZONE, NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS |
|
OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, |
|
CALCULATED FROM COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP |
|
(PID-DF8986), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS |
|
AS FOLLOWS: |
|
BEGINNING AT A P.K. NAIL SET FOR THE NORTHWEST CORNER OF SAID W.P. |
|
PELPHREY AND C.F. PELPHREY TRACT, SAME POINT BEING IN THE |
|
APPROXIMATE INTERSECTION OF SOUTHMAYD ROAD (AN APPARENT |
|
PERSCRIPTIVE RIGHT OF WAY) WITH MCGEEHE ROAD (AN APPARENT |
|
PERSCRIPTIVE RIGHT OF WAY); |
|
THENCE, SOUTH 88 DEGREES 22 MINUTES 04 SECONDS EAST, IN SAID |
|
SOUTHMAYD ROAD, A DISTANCE OF 2563.72 FEET TO A P.K. NAIL FOUND FOR |
|
THE NORTHWEST CORNER OF THE AFOREMENTIONED W.P. PELPHREY TRACT |
|
DESCRIBED IN VOLUME 234 AT PAGE 113, DEED RECORDS, GRAYSON COUNTY, |
|
TEXAS FOR AN ANGLE POINT; |
|
THENCE, SOUTH 88 DEGREES 29 MINUTES 07 SECONDS EAST, CONTINUING IN |
|
SAID ROAD, FOR A DISTANCE OF 1926.86 FEET TO A P.K. NAIL SET FOR THE |
|
NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT AND THE NORTHWEST |
|
CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO GLEN D. |
|
MORGAN AS RECORDED IN VOLUME 2752, PAGE 321, OFFICIAL PUBLIC |
|
RECORDS, GRAYSON COUNTY, TEXAS |
|
THENCE, SOUTH 00 DEGREES 58 MINUTES 51 SECONDS WEST, WITH THE WEST |
|
LINE OF SAID MORGAN TRACT AND ALONG A FENCE LINE AT A DISTANCE |
|
3314.73 PASSING A 1/2" IRON ROD FOR THE SOUTHWEST CORNER OF SAID |
|
MORGAN TRACT, THE SAME BEING THE NORTHWEST CORNER OF THAT CERTAIN |
|
TRACT OF LAND DESCRIBED IN A DEED TO LOY RODERICK MAYFIELD AS |
|
RECORDED IN VOLUME 2889, PAGE 672 OF THE OFFICIAL PUBLIC RECORDS, |
|
GRAYSON COUNTY, TEXAS AND WITH THE WEST LINE OF SAID MAYFIELD TRACT |
|
FOR A TOTAL DISTANCE 5469.03 FEET TO A 5/8" IRON ROD WITH YELLOW |
|
PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER THE SAME BEING |
|
THE SOUTHEAST CORNER OF THE AFOREMENTIONED JACK M. DECORDOVA TRACT; |
|
THENCE, NORTH 88 DEGREES 58 MINUTES 51 SECONDS WEST, WITH THE SOUTH |
|
LINE OF SAID JACK M. DECORDOVA TRACT, IN BATES ROAD (AN APPARENT |
|
PERSCRIPTIVE RIGHT OF WAY) FOR A DISTANCE OF 2596.11 FEET TO A 1/2" |
|
CAPPED IRON ROD FOUND STAMPED "SARTIN" FOR CORNER IN THE EAST LINE |
|
OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO CHALLENGE MOTOR |
|
SPORTS AS RECORDED IN VOLUME 4224, PAGE 225, OFFICIAL PUBLIC |
|
RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 00 DEGREES 40 MINUTES 14 SECONDS WEST, AT TIMES WITHIN |
|
SAID BATES ROAD, A DISTANCE OF 248.68 FEET A 5/8" IRON ROD WITH |
|
YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER AND |
|
BEING THE SOUTHEAST CORNER OF THE AFOREMENTIONED C.F. PELPHREY |
|
TRACT; |
|
THENCE, NORTH 88 DEGREES 23 MINUTES 47 SECONDS WEST, WITH THE SOUTH |
|
LINE OF SAID C.F. PHELPHREY TRACT AND GENERALLY ALONG SAID BATES |
|
ROAD A DISTANCE OF 1944.93 FEET TO A P.K. NAIL SET FOR CORNER AT THE |
|
INTERSECTION OF SAID BATES ROAD WITH RICE ROAD (AN APPARENT |
|
PERSCRIPTIVE RIGHT OF WAY) THE SAME BEING THE SOUTHWEST CORNER OF |
|
SAID C.F. PELPHREY TRACT; |
|
THENCE NORTH 01 DEGREES 36 MINUTES 42 SECONDS EAST, WITH THE WEST |
|
LINE OF SAID PELPHREY TRACTS, AND GENERALLY ALONG SAID RICE AND |
|
SOUTHMAYD ROADS, A DISTANCE OF 5245.00 FEET TO THE POINT OF |
|
BEGINNING, CONTAINING 558.197 ACRES OR OF LAND MORE OR LESS. |
|
TRACT 3 |
|
BEING A 185.677 ACRE TRACT OF LAND SITUATED IN THE SAMUEL GILMAN |
|
SURVEY, ABSTRACT NO. 456, GRAYSON COUNTY, TEXAS, AND BEING ALL OF A |
|
185.677 ACRE TRACT OF LAND, CONVEYED TO WALTON TEXAS, L.P. BY DEED |
|
RECORDED IN VOLUME 4782, PAGE 760, OFFICIAL PUBLIC RECORDS, GRAYSON |
|
COUNTY, TEXAS, SAID 185.677 ACRE TRACT, WITH BEARING BASIS BEING |
|
GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, |
|
NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS |
|
BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, CALCULATED |
|
FROM COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP (PID-DF8986), |
|
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING AT A 1/2" IRON ROD FOND AT THE MOST WESTERLY SOUTHWEST |
|
CORNER OF SAID 185.677 ACRE TRACT, SAID POINT BEING ON THE EAST |
|
RIGHT-OF-WAY LINE OF F.M. HIGHWAY NO. 902 (A 100' RIGHT OF WAY); |
|
THENCE, NORTH 00 DEGREES 36 MINUTES 33 SECONDS WEST, ALONG SAID EAST |
|
RIGHT OF WAY LINE, A DISTANCE OF 996.90 FEET TO A 60D NAIL FOUND FOR |
|
CORNER NEAR THE CENTER LINE OF A PUBLIC ROAD; |
|
THENCE, NORTH 88 DEGREES 59 MINUTES 45 SECONDS EAST, WITH THE |
|
GENERAL DIRECTION OF SAID CENTERLINE OF SAID PUBLIC ROAD, A |
|
DISTANCE OF 839.41 FEET TO A 1/2" IRON ROD WITH YELLOW PLASTIC CAP |
|
STAMPED "RPLS 5433" FOUND FOR AND ELL CORNER OF SAID 185.677 ACRE |
|
TRACT, SAID POINT BEING ON THE WEST LINE OF A 51.465 ACRE TRACT OF |
|
LAND CONVEYED BY DEED TO CHALLENGE MOTOR SPORTS, L.P., RECORDED IN |
|
VOLUME 4224, PAGE 225, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, |
|
TEXAS; |
|
THENCE, SOUTH 01 DEGREES 09 MINUTES 35 SECONDS WEST, ALONG SAID WEST |
|
LINE, A DISTANCE OF 18.26 FEET TO A 1/2" IRON ROD FOUND FOR AN ELL |
|
CORNER OF SAID 185.677 ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF |
|
SAID 51.465 ACRE TRACT; |
|
THENCE, NORTH 87 DEGREES 42 MINUTES 40 SECONDS EAST, ALONG THE NORTH |
|
LINE OF SAID 185.677 ACRE TRACT AND THE SOUTH LINE OF SAID 51.465 |
|
ACRE TRACT, A DISTANCE OF 1953.64 FEET TO A 1/2" IRON ROD FOUND FOR |
|
CORNER; |
|
THENCE, NORTH 88 DEGREES 42 MINUTES 58 SECONDS EAST, CONTINUING |
|
ALONG SAID NORTH LINE OF 185.677 ACRE TRACT, A DISTANCE OF 664.80 |
|
FEET TO A 1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433" |
|
FOUND FOR THE NORTHEAST CORNER OF SAID 185.677 ACRE TRACT, SAID |
|
POINT BEING THE ELL CORNER OF A 10.001 ACRE TRACT CONVEYED TO JESSE |
|
WHITTINGTON, RECORDED IN VOLUME 4272, PAGE 659, OFFICIAL PUBLIC |
|
RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, ALONG THE EAST LINE OF SAID 185.677 ACRE TRACT, THE |
|
FOLLOWING COURSES AND DISTANCES |
|
SOUTH 00 DEGREES 27 MINUTES 48 SECONDS EAST, ALONG THE WEST |
|
LINE OF SAID 10.001 ACRE TRACT, A DISTANCE OF 413.59 FEET TO A |
|
1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433" |
|
FOUND FOR CORNER, SAID POINT BEING THE SOUTHWEST CORNER OF |
|
SAID 10.001 ACRE TRACT AND THE NORTHWEST CORNER OF A 136.85 |
|
ACRE TRACT OF LAND CONVEYED BY DEED TO SUTTER INVESTMENTS, |
|
L.P., RECORDED IN VOLUME 4224, PAGE 231, OFFICIAL PUBLIC |
|
RECORDS, GRAYSON COUNTY, TEXAS; |
|
SOUTH 00 DEGREES 46 MINUTES 35 SECONDS EAST, ALONG THE WEST |
|
LINE OF SAID 136.85 ACRE TRACT, A DISTANCE OF 2334.85 FEET TO |
|
A 1" IRON PIPE FOUND FOR CORNER, SAID POINT BEING THE |
|
SOUTHWEST CORNER OF SAID 136.85 ACRE TRACT AND THE NORTHWEST |
|
CORNER OF 15.00 ACRE TRACT OF LAND CONVEYED BY DEED TO BILLY |
|
LYNN, RECORDED IN VOLUME 1462, PAGE 390, DEED RECORDS, |
|
GRAYSON COUNTY, TEXAS; |
|
SOUTH 00 DEGREES 04 MINUTES 17 SECONDS WEST, ALONG THE WEST |
|
LINE OF SAID 15.00 ACRE TRACT, A DISTANCE OF 510.69 FEET TO A |
|
1/2" SQUARE IRON ROD FOUND FOR CORNER, SAID POINT BEING THE |
|
SOUTHWEST CORNER OF SAID 15.00 ACRE TRACT AND THE NORTHWEST |
|
CORNER OF A 16.866 ACRE TRACT OF LAND CONVEYED BY DEED TO |
|
JAMES D. HOOVER, RECORDED IN VOLUME 3245, PAGE 578, OFFICIAL |
|
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID POINT ALSO LYING |
|
NEAR THE CENTER OF A PUBLIC ROAD KNOWN AS COBLER ROAD; |
|
SOUTH 00 DEGREES 23 MINUTES 38 SECONDS EAST, ALONG THE WEST |
|
LINE OF SAID 16.866 ACRE TRACT AND WITH THE GENERAL DIRECTION |
|
OF THE CENTERLINE OF COBLER ROAD, A DISTANCE OF 407.48 FEET TO |
|
A 1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433" |
|
FOUND FOR THE SOUTHWEST CORNER OF SAID 185.677 ACRE TRACT, |
|
SAID POINT BEING AT THE INTERSECTION OF SAID COBLER ROAD AND A |
|
PUBLIC ROAD KNOWN AS MINNIS ROAD; |
|
THENCE, SOUTH 89 DEGREES 02 MINUTES 11 SECONDS WEST, ALONG THE SOUTH |
|
LINE OF SAID 185.677 ACRE TRACT AND WITH THE GENERAL DIRECTION OF |
|
SAID COBLER ROAD, A DISTANCE OF 1748.05 FEET TO A 1/2" IRON ROD |
|
FOUND FOR CORNER; THE SOUTHWEST CORNER OF SAID 185.677 ACRE TRACT |
|
AND THE SOUTHEAST CORNER OF A 33.04 ACRE TRACT OF LAND CONVEYED BY |
|
DEED TO THOMAS W. BYROM, SR., RECORDED IN 3117, PAGE 40, OFFICIAL |
|
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 00 DEGREES 49 MINUTES 46 SECONDS WEST, ALONG THE |
|
COMMON WEST LINE OF SAID 185.677 ACRE TRACT AND THE EAST LINE OF |
|
SAID 33.04 ACRE TRACT, A DISTANCE OF 2562.49 FEET TO A 1/2" IRON ROD |
|
FOUND FOR THE NORTHEAST CORNER OF SAID 33.04 ACRE TRACT AND THE |
|
SOUTHEAST CORNER OF A 12.352 ACRE TRACT OF LAND CONVEYED BY DEED TO |
|
THE MILDRED L. BROWN REVOCABLE TRUST, RECORDED IN VOLUME 3194, PAGE |
|
344, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 01 DEGREES 43 MINUTES 38 SECONDS WEST, CONTINUING |
|
ALONG THE WEST LINE OF SAID 185.677 ACRE TRACT AND THE COMMON EAST |
|
LINE OF SAID 12.352 ACRE TRACT, A DISTANCE OF 103.58 FEET TO A 1/2" |
|
IRON ROD FOUND FOR AND INTERIOR ELL CORNER OF SAID 185.677 ACRE |
|
TRACT AND THE NORTHEAST CORNER OF SAID 12.352 ACRE TRACT; |
|
THENCE, SOUTH 88 DEGREES 06 MINUTES 00 SECONDS WEST, ALONG THE |
|
COMMON SOUTH LINE OF SAID 185.677 ACRE TRACT AND THE NORTH LINE OF |
|
SAID 12.352 ACRE TRACT, A DISTANCE OF 1695.09 FEET; TO THE POINT OF |
|
BEGINNING AND CONTAINING 185.677 ACRES LAND, MORE OR LESS. |
|
TRACT 4 |
|
BEING A 207.484 ACRE TRACT OF LAND SITUATED IN THE SAMUEL GILMAN |
|
SURVEY, ABSTRACT NO. 456 AND THE S. PRATHER SURVEY, ABSTRACT NO. |
|
934, GRAYSON COUNTY, TEXAS, AND BEING ALL OF A 207.51 ACRE TRACT OF |
|
LAND, CONVEYED AS TRACT 1 TO WALTON TEXAS, L.P., BY DEED RECORDED IN |
|
VOLUME 4861, PAGE 258, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, |
|
TEXAS, SAID 207.484 ACRE TRACT, WITH BEARING BASIS BEING GRID |
|
NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 |
|
(CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS BETWEEN |
|
JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, CALCULATED FROM |
|
COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP (PID-DF8986), |
|
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING AT A 1/2" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID |
|
207.484 ACRE TRACT, SAID POINT BEING THE NORTHEAST CORNER OF A |
|
130.028 ACRE TRACT OF LAND CONVEYED BY DEED TO LITTLE CREEK |
|
INVESTMENTS, L.P., RECORDED IN VOLUME 3751, PAGE 802, OFFICIAL |
|
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID POINT BEING ON THE WEST |
|
LINE OF F.M. HIGHWAY NO. 902 (A 100 FOOT RIGHT-OF-WAY) AND IN A |
|
PUBLIC ROAD KNOWN AS SPRING CREEK ROAD; |
|
THENCE, SOUTH 89 DEGREES 47 MINUTES 51 SECONDS WEST, ALONG THE |
|
COMMON SOUTH LINE OF SAID 207.484 ACRE TRACT AND THE NORTH LINE OF |
|
SAID 130.028 ACRE TRACT, A DISTANCE OF 1751.93 FEET TO A 1/2" IRON |
|
ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 3688" FOUND FOR THE |
|
SOUTHWEST CORNER OF SAID 207.484 ACRE TRACT AND THE SOUTHEAST |
|
CORNER OF A 20.992 ACRE TRACT OF LAND CONVEYED BY DEED TO JOHN |
|
DANIEL BROWN JR. AND TWALLA Y. BROWN RECORDED IN VOLUME 4292, PAGE |
|
423, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 00 DEGREES 57 MINUTES 18 SECONDS EAST, ALONG THE |
|
COMMON WEST LINE OF SAID 207.484 ACRE TRACT AND THE EAST LINE OF |
|
SAID 20.992 ACRE TRACT, A DISTANCE OF 880.65 FEET TO A 1/2" IRON ROD |
|
WITH FOUND FOR AN INTERIOR ELL CORNER OF SAID 207.484 ACRE TRACT AND |
|
THE NORTHEAST CORNER OF SAID 20.992 ACRE TRACT; |
|
THENCE, SOUTH 88 DEGREES 18 MINUTES 15 SECONDS WEST, ALONG THE |
|
COMMON SOUTH LINE OF SAID 207.484 ACRE TRACT AND THE NORTH LINE OF |
|
SAID 20.992 ACRE TRACT AND THE NORTH LINES OF A 9.000 ACRE TRACT OF |
|
LAND CONVEYED BY DEED TO JONATHAN L. HACKETT, RECORDED IN VOLUME |
|
3909, PAGE 579, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; A |
|
5.334 ACRE TRACT OF LAND CONVEYED BY DEED TO TIMOTHY A GARBACIK AND |
|
DEBBIE J. GARBACIK RECORDED IN VOLUME 3570, PAGE 885, OFFICIAL |
|
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; AND A 13.000 ACRE TRACT OF |
|
LAND CONVEYED BY DEED TO DOYLE ALAN COULTER, RECORDED IN VOLUME |
|
3356, PAGE 501, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; A |
|
DISTANCE OF 2631.70 FEET TO A 1/2" IRON ROD FOUND FOR THE SOUTHWEST |
|
CORNER OF SAID 207.484 ACRE TRACT AND THE NORTHWEST CORNER OF SAID |
|
13.000 ACRE TRACT AND BEING ON THE EAST LINE OF A TRACT OF LAND |
|
CONVEYED BY WILL TO NANCY L. LINDSAY, RECORDED IN VOLUME 4039, PAGE |
|
877, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 01 DEGREES 06 MINUTES 22 SECONDS EAST, ALONG THE |
|
COMMON WEST LINE OF SAID 207.484 ACRE TRACT AND THE EAST LINE OF |
|
SAID LINDSAY TRACT, A DISTANCE OF 518.13 FEET TO A 60D NAIL FOUND IN |
|
FENCE POST FOR A NORTHWEST CORNER OF SAID 207.484 ACRE TRACT AND |
|
BEING THE SOUTHWEST CORNER OF A 78.974 ACRE TRACT OF LAND CONVEYED |
|
BY DEED TO TOW W. PINGLETON RECORDED IN VOLUME 4042, PAGE 73, |
|
OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, SOUTH 89 DEGREES 59 MINUTES 22 SECONDS EAST, ALONG THE |
|
COMMON NORTH LINE OF SAID 78.974 ACRE TRACT, A DISTANCE OF 409.90 |
|
FEET TO A 1/2" IRON ROD FOUND FOR AND INTERIOR ELL CORNER OF SAID |
|
207.484 ACRE TRACT AND THE SOUTHEAST CORNER OF SAID 78.974 ACRE |
|
TRACT; |
|
THENCE, NORTH 01 DEGREES 11 MINUTES 10 SECONDS EAST, ALONG THE |
|
COMMON WEST LINE OF SAID 207.484 TRACT AND THE EAST LINE OF SAID |
|
78.974 ACRE TRACT, A DISTANCE OF 1352.83 FEET TO A 1/2" IRON ROD |
|
WITH PLASTIC CAP STAMPED "COX4577" FOUND FOR THE NORTHWEST CORNER |
|
OF SAID 207.484 ACRE TRACT; |
|
THENCE, NORTH 88 DEGREES 22 MINUTES 08 SECONDS EAST, ALONG THE NORTH |
|
LINE OF SAID 207.484 ACRE TRACT, A DISTANCE OF 3816.13 FEET TO A |
|
5/8" IRON ROD WITH PLASTIC CAP STAMPED "PEISER SUR" FOUND FOR THE |
|
NORTHEAST CORNER OF SAID 207.484 ACRE TRACT, SAID POINT BEING ON THE |
|
AFORESAID WEST LINE OF F.M. HIGHWAY 902 AND BEING THE BEGINNING OF A |
|
NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 16 DEGREES |
|
45 MINUTES 31 SECONDS, A RADIUS OF 1860.00 FEET, AND A LONG CHORD |
|
THAT BEARS SOUTH 08 DEGREES 38 MINUTES 43 SECONDS EAST, A DISTANCE |
|
OF 542.10 FEET; |
|
THENCE, ALONG SAID NON-TANGENT CURVE TO THE RIGHT AND THE COMMON |
|
EAST LINE OF SAID 207.484 ACRE TRACT AND SAID WEST LINE OF F.M. |
|
HIGHWAY 902, AN ARC DISTANCE OF 544.04 FEET TO A 5/8" IRON ROD WITH |
|
PLASTIC CAP STAMPED "PEISER SUR" FOUND FOR CORNER; |
|
THENCE, SOUTH 00 DEGREES 36 MINUTES 33 SECONDS EAST, CONTINUING |
|
ALONG SAID COMMON LINE, A DISTANCE OF 2239.76 FEET TO THE POINT OF |
|
BEGINNING AND CONTAINING 207.484 ACRES LAND, MORE OR LESS. |
|
SECTION 3.03. (a) The legal notice of the intention to |
|
introduce this article, setting forth the general substance of this |
|
article, has been published as provided by law, and the notice and a |
|
copy of this article 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 article to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this article 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 article are |
|
fulfilled and accomplished. |
|
SECTION 3.04. (a) Section 8249.106, Special District Local |
|
Laws Code, as added by Section 3.01 of this article, takes effect |
|
only if this Act receives a two-thirds vote of all the members |
|
elected to each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 8249, Special |
|
District Local Laws Code, as added by Section 3.01 of this article, |
|
is amended by adding Section 8249.106 to read as follows: |
|
Sec. 8249.106. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) 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 3.05. Except as provided by Section 3.04 of this |
|
article, this article takes effect September 1, 2011. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 534 was passed by the House on April |
|
7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 534 on May 24, 2011, by the following vote: Yeas 142, Nays 0, 2 |
|
present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 534 was passed by the Senate, with |
|
amendments, on May 21, 2011, by the following vote: Yeas 31, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |