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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Bearpen Creek Municipal Utility |
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District of Hunt County; providing authority to impose a tax and |
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issue bonds; granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8363 to read as follows: |
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CHAPTER 8363. BEARPEN CREEK MUNICIPAL UTILITY DISTRICT |
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OF HUNT COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8363.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means a municipality in whose corporate |
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limits or extraterritorial jurisdiction the district is located. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) "Director" means a board member. |
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(5) "District" means the Bearpen Creek Municipal |
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Utility District of Hunt County. |
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Sec. 8363.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8363.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8363.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8363.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8363.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8363.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8363.007-8363.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8363.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8363.052, directors serve |
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staggered four-year terms. |
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Sec. 8363.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Jessica Shae Ewy; |
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(2) Jason Michael Farmer; |
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(3) Charles Richard Johns; |
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(4) Warren Jacob Loftis; and |
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(5) Martin Jacob Newman. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8363.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8363.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8363.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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[Sections 8363.053-8363.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8363.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8363.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8363.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8363.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8363.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8363.106. ACQUISITION OF PERMIT RIGHTS. (a) Using |
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any available district money, including bond proceeds, the district |
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may pay all expenses related to the acquisition of a certificate of |
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public convenience and necessity from another retail public utility |
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and any other permit rights necessary to provide the city authority |
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to provide retail water or sewer service in the district. The |
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acquisition, by purchase or otherwise, may be made by the district |
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on behalf of and for transfer to the city or by the city directly. |
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(b) In relation to a retail public utility that provides |
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water or sewer service to all or part of the area of the district |
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under a certificate of public convenience and necessity, the |
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district may exercise the powers given to a municipality provided |
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by Section 13.255, Water Code, as if the district were a |
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municipality that had annexed the area of the district. The |
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commission shall grant single certification as to the city as |
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provided by Section 13.255(c), Water Code, in the event that the |
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district applies for the certification on the city's behalf in the |
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manner provided by Section 13.255(b), Water Code. |
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(c) The city may contract with the district to carry out the |
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purposes of this section without further authorization. |
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Sec. 8363.107. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8363.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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[Sections 8363.108-8363.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8363.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8363.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8363.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8363.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8363.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 8363.154-8363.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8363.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) Except as provided by Subsection (b), the |
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district may issue bonds or other obligations payable wholly or |
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partly from ad valorem taxes, impact fees, revenue, contract |
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payments, grants, or other district money, or any combination of |
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those sources, to pay for any authorized district purpose. |
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(b) The district may not issue bonds until the governing |
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body of the city approves a bond issuance plan authorizing and |
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setting forth the limitations on the issuance of the bonds. |
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Sec. 8363.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8363.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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[Sections 8363.204-8363.250 reserved for expansion] |
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SUBCHAPTER F. DISSOLUTION OF DISTRICT |
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Sec. 8363.251. DISSOLUTION BY CITY ORDINANCE. (a) The |
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city may dissolve the district by ordinance after provision is made |
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for all debts incurred by the district if one or more of the |
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following does not occur: |
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(1) on or before the 90th day after the effective date |
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of the Act enacting this chapter, the city receives one or more |
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petitions requesting annexation of all territory in the district |
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remaining in the extraterritorial jurisdiction of the city; |
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(2) on or before the last day of the ninth month after |
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the effective date of the Act enacting this chapter, the city adopts |
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one or more ordinances annexing all territory in the district |
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remaining in the city's extraterritorial jurisdiction; |
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(3) on or before the last day of the third year after |
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the effective date of the Act enacting this chapter, the commission |
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issues an order approving the sale and transfer of a certificate of |
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public convenience and necessity authorizing the city to provide |
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retail water service to territory in the district; or |
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(4) by the end of the fifth year after the effective |
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date of the Act enacting this chapter, the district has completed |
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construction of internal streets and water and sanitary sewer |
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facilities sufficient to serve at least 100 residential lots in the |
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district. |
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(b) If the city dissolves the district under Subsection (a): |
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(1) any district assets that remain after the payment |
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of debts shall be transferred to the city; and |
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(2) the organization of the district shall be |
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maintained until all the debts are paid or assumed and remaining |
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assets are transferred. |
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(c) This section does not limit the authority of the city to |
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dissolve the district under Chapter 43, Local Government Code, or |
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other general law. |
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SECTION 2. The Bearpen Creek Municipal Utility District of |
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Hunt County initially includes all the territory contained in the |
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following area: |
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A metes and bounds description of a 960.90 acre tract of land |
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situated in the James May Survey, Abstract No. 1297, the James Roads |
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Survey, Abstract No. 872, the G.W. McCafferty Survey, Abstract No. |
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1298, the Shelby County School Land Survey, Abstract No. 946, and |
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the John Stone Survey, Abstract No. 198, Hunt County, Texas, and |
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being that land described by deeds to Bearpen Creek, L.P, as |
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recorded in Volume 1184, Page 63, Volume 1184, Page 68, Volume 1184, |
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Page 54, Volume 1184, Page 73, Volume 1184, Page 59, Volume 1184, |
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Page 59, Volume 1184, Page 36, Volume 1184, Page 50, Volume 1184, |
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Page 41, Volume 1184, Page 45, and Volume 1184, Page 32, Deed |
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Records, Hunt County, Texas. |
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BEGINNING at a point for the south right-of-way line of U.S. |
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Interstate 30, being the northwest corner of said deed recorded in |
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Volume 1184, Page, 63 and being the northeast corner of a tract of |
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land described by deed to Sharon McCall, as recorded in Volume 897, |
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Page 372, Deed Records, Hunt County, Texas; |
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THENCE North 88°51'12" East along the said south right-of-way |
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line, a distance of 1284.70 feet to a point for corner being the |
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northwest corner of a tract of land described by deed to Crawford, |
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as recorded in Volume 178, Page 743, Deed Records, Hunt County, |
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Texas; |
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THENCE South 01°06'57" East leaving said right-of-way and |
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along the west line of said Crawford tract, a distance of 943.75 |
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feet to a point for corner, being an el corner of this tract and the |
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southwest corner of said Crawford tract and being near the center of |
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County Road 2515; |
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THENCE North 88°53'22" East along the south line of said |
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Crawford tract being in said County Road, a distance of 723.00 feet |
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to a point for corner, being the southeast corner of said Crawford |
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tract and being the southwest corner of a tract of land described by |
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deed to Action Inc., as recorded in Volume 453, Page 845, Deed |
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Records, Hunt County, Texas; |
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THENCE North 76°06'29" East along the south line of said |
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Action Inc., a distance of 135.68 feet to a point for corner, being |
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the northwest corner of a remainder of a tract of land described by |
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deed to Leonard H. Daniel, as recorded in Volume 99, Page 548, Deed |
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Records, Hunt County, Texas; |
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THENCE South 00°06'22" East leaving said County Road and the |
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south line of said Action Inc, and along the west line of said |
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Daniel remainder tract, a distance of 748.00 feet to a point for |
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corner; |
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THENCE North 89°08'43" East along the south line of said |
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Daniel remainder tract, a distance of 395.42 feet to a point for |
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corner being in the west line of a tract of land described by deed to |
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Leonard H. Daniel, as recorded in Volume 859, Page 497, Deed |
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Records, Hunt County, Texas; |
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THENCE South 00°18'34" East along the west line of said Daniel |
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tract, a distance of 740.51 feet to a point for corner, being an el |
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corner of this tract and the southwest corner of said Daniel tract |
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and the northwest corner of a tract of land described by said deed |
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in Volume 1184, Page 54; |
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THENCE North 89°40'05" East along the south line of said |
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Daniel tract, a distance of 1230.31 feet to a point for corner, |
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being the southeast corner of said Daniel tract and southwest |
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corner of a tract of land described by deed to Sam Holmes in Volume |
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267, Page 631, Deed Records, Hunt County, Texas; |
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THENCE North 89°02'16" East along the south line of said |
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Holmes tract, a distance of 1610.64 feet to a point for corner, |
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being the southwest corner of a tract of land known as Magnolia |
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Place as recorded by Plat in Cabinet E, Slide 169, Plat Records, |
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Hunt County, Texas; |
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THENCE North 89°01'45" East along the south line of said |
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Magnolia Place, a distance of 402.32 feet to a point for corner, |
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being the northeast corner of said tract of land recorded in Volume |
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1184, Page 73 and being an el corner of said Magnolia Place; |
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THENCE South 01°21'12" East along the east line of said tract |
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of land recorded in Volume 1184, Page 73 and the west line of said |
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Magnolia Place, a distance of 1247.77 feet to a point for corner, |
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being in County Road 2596; |
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THENCE North 89°34'22" East with the said County Road, along |
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the south line of said Magnolia Place, along the south line of a |
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tract of land known as South Gentry as recorded by plat in Cabinet |
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E, Slide 169, Plat Records, Hunt County, Texas, and along the south |
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line of a tract of land described by deed to Bobby Crowell in Volume |
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858, Page 332, Deed Records, Hunt County, Texas, a distance of |
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2343.14 feet to a point for corner, being the northwest corner of |
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Hoffman Estates as recorded in Volume B, Page 52, Deed Records, Hunt |
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County, Texas; |
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THENCE South 00°05'44" West along the west line of Hoffman |
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Estates, a distance of 1135.75 feet to a point for corner; |
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THENCE South 16°57'40" East continuing along said west line a |
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distance of 83.02 feet to a point for corner; |
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THENCE South 00°47'53" East continuing along said west line a |
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distance of 613.79 feet to a point for corner; |
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THENCE North 89°59'40" West continuing along said west line a |
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distance of 36.33 feet to a point for corner; |
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THENCE South 00°23'15" East continuing along said west line a |
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distance of 1083.06 feet to a point for corner, being in County Road |
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2595 and being the southeast corner of said tract recorded in Volume |
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1184, Page 73; |
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THENCE South 89°53'25" West along the south line of said tract |
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recorded in Volume 1184, Page 73 and the north line of a tract |
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described by deed to Brandy Kent Maynard in Volume 956, Page 460, |
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Deed Records, Hunt County, Texas, a distance of 1480.58 feet to a |
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point for corner, being the northwest corner of said Maynard tract |
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and the northeast corner of said tract of land recorded by deed in |
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Volume 1184, Page 59; |
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THENCE South 00°38'57" East along the west line of said |
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Maynard tract and a tract of land described by deed to John |
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Carpenter in Volume 956, Page 452, Deed Records, Hunt County, |
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Texas, a distance of 962.74 feet to a point for corner; |
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THENCE South 00°38'44" East continuing along said properties, |
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a distance of 1768.37 feet to a point for corner, being the |
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southeast corner of said tract of land recorded by deed in Volume |
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1184, Page 59 and being in County Road 2526; |
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THENCE South 89°46'54" West along the south line of said tract |
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of land recorded by deed in Volume 1184, Page 59 and said County |
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Road, a distance of 860.80 feet to a point for corner, being the |
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southwest of said tract and being the southeast corner of said tract |
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of land recorded by deed in Volume 1184, Page 36; |
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THENCE in a westerly direction along the south line of said |
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tract of land recorded by deed in Volume 1184, Page 36 and with said |
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County Road: South 87°54'36" West a distance of 297.64 feet to a |
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point for corner; North 84°13'06" West a distance of 213.00 feet to a |
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point for corner; South 87°46'54" West a distance of 358.00 feet to a |
|
point for corner, being the southwest corner of said tract of land |
|
recorded by deed in Volume 1184, Page 36 and the being in the east |
|
line of said tract of land recorded in Volume 1184 Page 50; |
|
THENCE South 00°22'13" East along the east line of said tract |
|
of land recorded in Volume 1184 Page 50, a distance of 19.89 feet to |
|
a point for corner, being the southeast corner of said tract; |
|
THENCE South 89°27'03" West along the south line of said |
|
tract, a distance of 821.50 feet to a point for corner, being the |
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southwest corner of said tract of land recorded in Volume 1184, Page |
|
50 and being the southeast corner of said tract of land recorded in |
|
Volume 1184, Page 41; |
|
THENCE South 89°27'03" West continuing along said south line, |
|
a distance of 1336.90 feet to a point for corner, being the |
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southwest corner of said tract and the southeast corner of a tract |
|
of land known as Hill Estate as recorded by plat in Volume A, Page |
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52, Plat Records, Hunt County, Texas and being the southwest corner |
|
of said tract of land recorded in Volume 1184, Page 41; |
|
THENCE North 01°28'22" West along the east line of said Hill |
|
Estate, the west line of said tract of land recorded in Volume 1184, |
|
Page 41, and leaving said County Road, a distance of 1899.51 feet to |
|
a point for corner, being the northeast corner of said Hill Estate |
|
and in the south line of said tract of land recorded in Volume 1184, |
|
Page 45; |
|
THENCE South 89°37'28" West along the south line of said tract |
|
of land recorded in Volume 1184, Page 45 and the north line of said |
|
Hill Estate, a distance of 2195.58 feet to a point for corner, being |
|
the southwest corner line of said tract of land recorded in Volume |
|
1184, Page 45 and being in the east line of a tract of land described |
|
by deed to Clark Baldwin as recorded in Volume 772, Page 209, Deed |
|
Records Hunt County, Texas; |
|
THENCE North 00°15'40" West long the east line of the Clark |
|
Baldwin tract, a tract of land described by deed to A. B. Fenton |
|
recorded in Volume 634, Page 219, Deed Records, Hunt County, Texas, |
|
and a tract of land described by deed to Mariana G. Daffron as |
|
recorded in Volume 771, Page 515, Hunt County, Texas, a distance of |
|
1902.70 feet to a point for corner, being the northwest corner of |
|
said tract of land recorded in Volume 1184, Page 45 and being in |
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County Road 2595; |
|
THENCE North 89°57'07" East with said County Road and along |
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the south line of the tract of land described by deed to Jimmy Joe |
|
Herndon as recorded Volume 515, Page 292, Deed Records, Hunt |
|
County, Texas, a distance of 1988.16 feet to a point for corner, |
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being in the north line of said tract of land recorded in Volume |
|
1184, Page 36, being the southeast corner of said Herndon tract, and |
|
being the southwest corner of said tract of land recorded in Volume, |
|
1184 Page 54; |
|
THENCE North 00°17'49" West leaving said County Road and along |
|
the west line of said tract of land recorded in Volume 1184 Page 54 |
|
and the east line of the said Herndon tract, a distance of 1807.59 |
|
feet to a point for corner, being the southeast corner of said tract |
|
of land recorded in Volume 1184, Page 68 and the northeast corner of |
|
said Herndon tract; |
|
THENCE South 89°37'15" West leaving the west line of said |
|
tract of land recorded in Volume 1184, Page 54 and along the said |
|
Herndon tract and along the north line of the tracts of land |
|
described by deed to Jimmy Joe Herndon as recorded in Volume 390, |
|
Page 584, and Volume 57, Page 513, Deed Records, Hunt County, Texas |
|
and along the south line of said tract of land recorded in Volume |
|
1184, Page 68 and south line of said tract of land recorded in |
|
Volume 1184, Page 32, a distance of 3880.16 feet to a point for |
|
corner, being the southwest corner of said tract of land recorded in |
|
Volume 1184, Page 32 and being in the east right-of-way line of Farm |
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to Market Road 35; |
|
THENCE North 25°20'14" West along east line of said F.M. Road |
|
and along the west line of said tract of land recorded in Volume |
|
1184, Page 32, a distance of 547.80 feet to a point for corner; |
|
THENCE North 00°37'50" West continuing along said lines, a |
|
distance of 197.10 feet to a point for corner, being the northwest |
|
corner of said tract of land recorded in Volume 1184, Page 32, the |
|
southwest corner of a tract of land described to Carlton C. White, |
|
Inc. as recorded in Volume 269, Page 489, Deed Records, Hunt County, |
|
Texas; |
|
THENCE North 89°13'10" East along the south line of said White |
|
tract and the north line of said tract of land recorded in Volume |
|
1184, Page 32, a distance of 2550.67 feet to a point for corner, |
|
being the southeast corner of the White tract, the northeast corner |
|
of said tract of land recorded in Volume 1184, Page 32 and in the |
|
east line of said tract of land recorded in Volume 1184, Page 68; |
|
THENCE North 00°16'55" East along the east line of the White |
|
tract and the west line of said tract of land recorded in Volume |
|
1184, Page 68, a distance of 2014.42 feet to a point for corner, |
|
being in the south line of said tract of land recorded in Volume |
|
1184, Page 63; |
|
THENCE South 88°53'22" West continuing along north line of |
|
said White tract and the south line of said tract of land recorded |
|
in Volume 1184 Page 63, a distance of 991.00 feet to a point for |
|
corner, being the southwest corner of said tract of land recorded in |
|
Volume 1184, Page 63 and the southeast corner of said McCall tract; |
|
THENCE North 01°06'57" West along west line of said tract of |
|
land recorded in Volume 1184, Page 63 and the east line of said |
|
McCall tract, a distance of 942.94 feet to the POINT OF BEGINNING |
|
and containing 960.90 acres of land, more or less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) Section 8363.107, Special District Local |
|
Laws Code, as added by Section 1 of this Act, 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 8363, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 8363.107 to read as follows: |
|
Sec. 8363.107. 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 5. Except as provided by Section 4 of this Act: |
|
(1) this Act takes effect immediately if it receives a |
|
vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution; and |
|
(2) if this Act does not receive the vote necessary for |
|
immediate effect, this Act takes effect September 1, 2011. |
|
|
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* * * * * |