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AN ACT
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relating to the creation of specific water control and improvement |
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districts and municipal utility districts; providing authority to |
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impose taxes and issue bonds; granting the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. DOUBLE PLATINUM RANCH WATER |
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CONTROL AND IMPROVEMENT DISTRICT NO. 1 OF GRAYSON COUNTY |
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SECTION 1.01. Subtitle I, Title 6, Special District Local |
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Laws Code, is amended by adding Chapter 9206 to read as follows: |
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CHAPTER 9206. DOUBLE PLATINUM RANCH WATER CONTROL AND IMPROVEMENT |
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DISTRICT NO. 1 OF GRAYSON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9206.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Double Platinum Ranch Water |
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Control and Improvement District No. 1 of Grayson County. |
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Sec. 9206.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district in Grayson County created under |
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and essential to accomplish the purposes of Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 9206.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 9206.064 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Grayson County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 9206.004. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 1.02 of the article creating this chapter. |
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(b) The boundaries and field notes contained in Section 1.02 |
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of the article creating this chapter form a closure. A mistake made |
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in the field notes or in copying the field notes in the legislative |
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process does not affect: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to impose taxes; |
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(3) the validity of the district's bonds, notes, or |
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other indebtedness; or |
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(4) the legality or operation of the district or the |
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board. |
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Sec. 9206.005. ANNEXATION BY CITY OF GUNTER. (a) |
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Notwithstanding any other law, if all of the territory of the |
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district is annexed by the City of Gunter into the corporate limits |
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of that municipality before the date of the election held to confirm |
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the creation of the district, the district may not be dissolved and |
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shall continue until the district is dissolved under Section |
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43.074, Local Government Code. |
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(b) Any future annexation or inclusion of additional |
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territory into a district governed by this chapter may not occur |
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unless the City of Gunter is allowed to voluntarily annex the same |
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territory into its corporate limits. |
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[Sections 9206.006-9206.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9206.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Except as provided by Section 9206.061 of this code and |
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Section 49.102, Water Code, directors serve staggered four-year |
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terms, with the terms of two or three directors expiring June 1 of |
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each even-numbered year. |
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Sec. 9206.052. ELECTION OF DIRECTORS. On the uniform |
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election date in May of each even-numbered year, the appropriate |
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number of directors shall be elected. |
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[Sections 9206.053-9206.060 reserved for expansion] |
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SUBCHAPTER B-1. TEMPORARY PROVISIONS |
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Sec. 9206.061. INITIAL DIRECTORS. (a) On or after |
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September 1, 2007, a person who owns land in the district may submit |
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a petition to the Texas Commission on Environmental Quality |
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requesting that the commission appoint as initial directors the |
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five persons named in the petition. |
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(b) The commission shall appoint as initial directors the |
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five persons named in the first petition received by the commission |
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under Subsection (a). |
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(c) If an initial director fails to qualify for office, the |
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commission shall appoint a person to fill the vacancy. |
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(d) Initial directors serve until the earlier of: |
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(1) the date the first directors are elected at the |
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confirmation election under Section 9206.064; or |
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(2) the date this subchapter expires under Section |
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9206.066. |
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Sec. 9206.062. ORGANIZATIONAL MEETING OF INITIAL |
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DIRECTORS. As soon as practicable after all the initial directors |
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have qualified under Section 49.055, Water Code, the initial |
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directors shall meet at a location in the district agreeable to a |
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majority of the directors. At the meeting, the initial directors |
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shall elect officers from among the initial directors and conduct |
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any other district business. |
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Sec. 9206.063. CONSENT OF MUNICIPALITY REQUIRED. The |
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initial directors may not hold an election under Section 9206.064 |
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until all of the territory of the district is included in the |
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corporate limits of the City of Gunter. |
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Sec. 9206.064. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. The initial directors shall hold an election to confirm |
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the creation of the district and to elect five directors as provided |
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by Section 49.102, Water Code. |
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Sec. 9206.065. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 9206.064 shall draw lots to |
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determine which two shall serve until the first regularly scheduled |
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election of directors and which three shall serve until the second |
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regularly scheduled election of directors. |
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Sec. 9206.066. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 9206.067-9206.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9206.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. (a) The district has the powers and duties |
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provided by the general law of this state, including Chapters 49 and |
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51, Water Code, applicable to water control and improvement |
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districts created under Section 59, Article XVI, Texas |
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Constitution. |
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(b) Notwithstanding Subsection (a), the district may not |
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act as a retail provider of water or wastewater services. |
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(c) The district shall make its water and wastewater |
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facilities available to an entity holding the applicable |
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certificate of convenience and necessity. |
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Sec. 9206.102. ROAD PROJECTS. (a) To the extent authorized |
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by Section 52, Article III, Texas Constitution, the district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads or turnpikes, or improvements in aid of |
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those roads or turnpikes, inside the district. |
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(b) A road project must meet or exceed all applicable |
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construction standards, zoning and subdivision requirements, and |
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regulatory ordinances of the municipality in whose corporate limits |
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or extraterritorial jurisdiction the district is located. |
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(c) If a portion of the territory of the district is |
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excluded from the corporate limits of the City of Gunter, the |
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district shall: |
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(1) improve, maintain, repair, and operate the roads |
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located in that portion of territory in accordance with the |
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ordinances and rules of the political subdivision possessing |
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jurisdiction over the roads in that portion of territory; and |
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(2) pay the entire cost of performing the district's |
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duties under Subdivision (1). |
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Sec. 9206.103. DIVISION OF DISTRICT. (a) The district may |
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be divided into two new districts only if: |
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(1) the district has no outstanding bonded debt; |
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(2) the district is not imposing ad valorem taxes; and |
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(3) each new district is within the corporate limits |
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of the City of Gunter. |
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(b) The division procedure is prescribed by Sections 53.030 |
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through 53.041, Water Code. Sections 51.748 through 51.753, Water |
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Code, do not apply to the district. |
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(c) Any new district created by the division of the district |
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has all the powers and duties of the district. |
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(d) At the time of creation, any new district created by the |
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division of the district may not contain any land outside the area |
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described by Section 1.02 of the article creating this chapter. |
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[Sections 9206.104-9206.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9206.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds or other |
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obligations issued under Section 9206.201. |
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[Sections 9206.152-9206.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 9206.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other obligations |
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as provided by Chapters 49 and 51, Water Code, to finance the |
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construction, maintenance, or operation of a project under Section |
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9206.101 or 9206.102. |
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(b) The district may not issue bonds to finance projects |
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authorized by Section 9206.102 unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election called for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 9206.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 1.02. The Double Platinum Ranch Water Control and |
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Improvement District No. 1 of Grayson County includes all the |
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territory contained in the following area: |
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TRACT ONE: |
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All that certain tract or parcel of land situated in the John |
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Palms Survey, Abstract Number 926, County of Grayson, State of |
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Texas, said tract being part of a called 197.3 acre tract as |
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described in Deed to Dryden Dorchester Ltd., filed 27 December |
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2000, and Recorded in Volume 3014, Page 743 of the Deed Records of |
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the County of Grayson, State of Texas, and being more fully |
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described as follows: |
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BEGINNING for the northeast corner of the tract being herein |
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at a Wood Fence corner Post, said post being the northeast corner of |
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said Dryden tract, and the southeast corner of a tract as described |
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in Deed to Gordon W. Doodier et ux, Delores Goodier, filed 14 |
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January 1971, and Recorded in Volume 1179, Page 63 of said Deed |
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Records, said post also being on a west line of a called 1022 acre |
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tract as described in Tract 7 in Deed to Jeribeth Sharp, filed 30 |
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June 1998, and Recorded in Volume 2668 Page 09 of said Deed Records; |
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THENCE South 00 degrees 20 minutes 01 seconds East, with the |
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east line of said Dryden tract, and west line of said Sharp tract, a |
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distance of 3318.06 feet to a set ½ inch Steel Square Tubing for the |
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southeast corner of said Dryden tract, and an ell corner of said |
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Sharp tract; |
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THENCE South 88 degrees 45 minutes 58 8 seconds West, with the |
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south line at said Dryden tract, a distance of 2576.18 feet to a set |
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1\2 inch Steel Square Tubing for the southwest corner of said Dryden |
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tract, and an ell corner of said Sharp tract, |
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Thence: North 00 degrees 23 minutes 33 seconds West, with the west |
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line of said Dryden tract, a distance of 3325.00 feet to a found ½ |
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inch Steel Rebar at the base of a wood fence corner post, being an |
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ell corner of said Dryden tract and Sharp tract and the Palms |
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Survey, and being the northeast corner of the John D. Nelson Survey, |
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Abstract Number 902; |
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THENCE South 89 degrees 45 minutes 03 seconds West, with a |
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wire fence line, and a south line of said Dryden tract, and a line of |
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said Sharp tract, a distance of 790.04 feet to a Wood Fence post for |
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the southwest corner of said Dryden tract, an ell corner of said |
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Palms Survey, and the southeast corner of the Antonia Hernandez |
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Survey, Abstract Number 489; |
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THENCE North, a distance of 26.12 feet to a set ½ inch Steel |
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Square Tubing Ike the northwest corner of said Dryden tract, and the |
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southwest corner of a tract described in Deed to Marjoriet Limited, |
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filed 24 March 1999, and Recorded in Volume 2769 Page 624 of said |
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Deed Records; |
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THENCE North 89 degrees 45 minutes 03 seconds East, with the |
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north line of said Dryden tact, and the south line of said Marjoriet |
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tract, a distance of 789.43 feet to a Wood Fence corner Post for a |
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corner; |
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THENCE North 89 degrees 30 minuses 06 seconds East, with the |
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north line of said Dryden tract, and passing the southeast corner of |
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said Marjoriet tract, and the southwest corner of said Goodier |
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tract, and continuing on said course for a total distance of 2579.75 |
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feet to the POINT OF BEGINNING and containing 197.783 acres of land. |
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TRACT TWO: |
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Being a 1,022.20 acre tract of land situated in the John Palms |
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Survey, Abstract No. 926, and the John D. Nelson Survey, Abstract |
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No. 902, and being that certain tract of land conveyed to as Tract |
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I, to Marita Wiseman Sharp, Marita Wiseman Sharp Grantor Trust, and |
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Billy Jack Sharp Grantor Trust, by deed recorded in Volume 2427, |
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Page 448, and also conveyed as Tract 7, to Billy Jack Sharp Grantor |
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Trust, by deed recorded in Volume 2668, Page 00009, all of the Deed |
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Records of Grayson County, Texas, and being more particularly |
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described by metes and bounds as follows: |
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BEGINNING at a 1/2 inch iron rod set for corner, said point |
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being the southeast corner of said Billy Jack Sharp Grantor Trust |
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tract, and being at the centerline intersection more or less, of |
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McDonald Road, and Kimberlin Road; |
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THENCE North 86°52'06" West, along the common line of said |
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Billy Jack Sharp Grantor Trust tract, and the centerline more or |
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less of said Kimberlin Road, and along the south line of said Palms |
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Survey, passing the southwest corner of said Palms Survey, same |
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being the southeast corner of said Nelson Survey, and continuing |
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along the south line of said Nelson Survey, a distance of 6400.79 |
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feet to a 1/2 inch iron rod set for corner, said point being in the |
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centerline of Kimberlin Road more of less, said point being the |
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southwest corner of said Billy Jack Sharp Grantor Trust tract, and |
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being the southeast corner of a called 1073.77 acre tract of land |
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conveyed to Davidson Land and Cattle Company, by deed recorded in |
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Volume 2235, Page 583, of the Deed Records of Grayson County, Texas; |
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THENCE North 02°35'02" East, along the common line of said |
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Billy Jack Sharp Grantor Trust tract, and said called 1073.77 acre |
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tract, a distance of 3806.58 feet to a 1/2 inch iron rod found for |
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corner; |
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THENCE North 85°53'34" West, continuing along the common line |
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of said Billy Jack Sharp Grantor Trust tract, and said called |
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1073.77 acre tract, a distance of 150.50 feet to a 1/2 inch iron rod |
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found for corner; |
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THENCE North 02°33'45" East, continuing along the common line |
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of said Billy Sank Grantor Trust tract, and said called 1073.77 acre |
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tract, a distance of 1112.85 feet to a 1/2 inch iron rod found for |
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corner; |
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THENCE South 87°0916' East, continuing along the common line |
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of said Billy Jack Sharp Grantor Trust tract, and said called |
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1073.77 acre tract, a distance of 149.97 feet to a 1/2 inch iron rod |
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found for corner; |
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THENCE North 02°38'21" East, continuing along the common line |
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of said Billy Jack Sharp Grantor Trust tract, and said called |
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1073.77 acre tract, a distance of 2500.00 feet to a 1/2 inch iron |
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rod found for corner, said point being in the north line of said |
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Nelson Survey, and the south line of Antonio Hernandez Survey, |
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Abstract No. 489, and being in the south line of a called 300 acre |
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tract of land conveyed to Lucian Touchtone, et ux, by deed recorded |
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in Volume 1013, Page 677, of the Deed Records of Grayson County, |
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Texas, and being the northeast corner of said called 1073.77 acre |
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tract, and being the northwest corner of said Billy Jack Sharp |
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Grantor Trust tract; |
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THENCE South 87°07'47" East, along the common line of said |
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Palms Survey, and the said Antonio Survey, and the common line of |
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said Billy Jack Sharp Grantor Trust tract, and said called 300 acre |
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tract, and passing the southeast corner of said called 300 acre |
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tract, same being the southeast corner of said Antonio Survey, same |
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being the southwest corner of said Palms Survey, and being the |
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southwest corner of a called 108.84 acre tract of land conveyed to |
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Lucian Touchtone, by deed recorded in Volume 1219, Page 360, of the |
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Deed Records of Grayson County, Texas, and continuing a total |
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distance of 2698.53 feet to a 1/2 inch iron rod found for corner, |
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said point being the northeast corner of said Nelson Survey, and an |
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ell corner of a called 197.3 acre tract of land conveyed to S.A. |
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Schott by deed recorded in Volume 359, Page 369, of the Deed Records |
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of Grayson County, Texas; |
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THENCE South 02°52'48" West, along the common line of said |
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Billy Jack Sharp Grantor Trust tract, and said called 197.3 acre |
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tract, a distance of 3325.00 feet to a 1/2 inch iron rod set for |
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corner, said point being the southwest corner of said called 197.3 |
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acre tract; |
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THENCE South 87°56'40" East, along the common line of said |
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Billy Jack Sharp Grantor Trust tract, and said called 197.3 acre |
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tract, a distance of 2577.31 feet to a 1/2 inch iron rod set for |
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corner, said point being the southeast corner of said called 197.3 |
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acre tract; |
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THENCE North 02°54'54" East, along the common line of said |
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Billy Jack Sharp Grantor Trust tract, and said called 197.3 acre |
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tract, a distance of 3318.06 feet to a 1/2 inch iron rod set for |
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corner, said point being the northwest corner of said called 197.3 |
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acre tract, same being the southeast corner of a called 245.67 acre |
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tract of land conveyed to Gordon W. Goodier, et ux, by deed recorded |
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in Volume 1179, Page 63, of the Deed Records of Grayson County, |
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Texas; |
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THENCE North 03°09'39" East, along the common line of said |
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Billy Jack Sharp Grantor Trust tract, and said called 245.67 acre |
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tract, a distance of 4542.15 feet to a 1/2 inch iron rod found for |
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corner, said point being the northwest corner of said Billy Jack |
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Sharp Grantor Trust tract, same being the northeast corner of said |
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called 245.67 acre tract, and being in the south right-of-way line |
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of F.M. Highway 902; |
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THENCE South 86°51'00" East, along the north line of said |
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Billy Jack Sharp Grantor Trust tract, with the south right-of-way |
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line of F.M. Highway 902, a distance of 1119.25 feet to a railroad |
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spike found for corner, said point being in the centerline |
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intersection more or less of the south right-of-way line of F.M. |
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Highway 902, and McDonald Road, and being in the east line of said |
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Palms Survey; |
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THENCE South 02°47'31" West, with the east line of said Palms |
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Survey, and the east line of said Billy Jack Sharp Grantor Trust |
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tract, and along the centerline of McDonald Road more or less, a |
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distance of 12,018.20 feet to the POINT OF BEGINNING and containing |
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44,527,033 square feet or 1,022.20 acres of computed land. |
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SECTION 1.03. (a) The legal notice of the intention to |
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introduce this article, setting forth the general substance of this |
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article, has been published as provided by law, and the notice and a |
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copy of this article have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
|
submitted the notice and article to the Texas Commission on |
|
Environmental Quality. |
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(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. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this article are |
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fulfilled and accomplished. |
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SECTION 1.04. This article takes effect September 1, 2007. |
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ARTICLE 2. KIMBERLIN RANCH MUNICIPAL |
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UTILITY DISTRICT NO. 1 OF GRAYSON COUNTY |
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SECTION 2.01. Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 8264 to read as follows: |
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CHAPTER 8264. KIMBERLIN RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF |
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GRAYSON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8264.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Kimberlin Ranch Municipal |
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Utility District No. 1 of Grayson County. |
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Sec. 8264.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district in Grayson County created under and |
|
essential to accomplish the purposes of Section 52, Article III, |
|
and Section 59, Article XVI, Texas Constitution. |
|
Sec. 8264.003. CONFIRMATION ELECTION REQUIRED. If the |
|
creation of the district is not confirmed at a confirmation |
|
election held under Section 8264.023 before September 1, 2011: |
|
(1) the district is dissolved September 1, 2011, |
|
except that the district shall: |
|
(A) pay any debts incurred; |
|
(B) transfer to Grayson County any assets that |
|
remain after the payment of debts; and |
|
(C) maintain the organization of the district |
|
until all debts are paid and remaining assets are transferred; and |
|
(2) this chapter expires September 1, 2014. |
|
Sec. 8264.004. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2.02 of the article creating this chapter. |
|
(b) The boundaries and field notes contained in Section 2.02 |
|
of the article creating 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: |
|
(1) the organization, existence, or validity of the |
|
district; |
|
(2) the right of the district to impose taxes; |
|
(3) the validity of the district's bonds, notes, or |
|
indebtedness; or |
|
(4) the legality or operation of the district or the |
|
board. |
|
[Sections 8264.005-8264.020 reserved for expansion] |
|
SUBCHAPTER A-1. TEMPORARY PROVISIONS |
|
Sec. 8264.021. TEMPORARY DIRECTORS. (a) On or after |
|
September 1, 2007, a person who owns land in the district may submit |
|
a petition to the Texas Commission on Environmental Quality |
|
requesting that the commission appoint as temporary directors the |
|
five persons named in the petition. |
|
(b) The commission shall appoint as temporary directors the |
|
five persons named in the first petition received by the commission |
|
under Subsection (a). |
|
(c) If a temporary director fails to qualify for office, the |
|
commission shall appoint a person to fill the vacancy. |
|
(d) Temporary directors serve until the earlier of: |
|
(1) the date directors are elected under Section |
|
8264.023; or |
|
(2) the date this chapter expires under Section |
|
8264.003. |
|
Sec. 8264.022. ORGANIZATIONAL MEETING OF TEMPORARY |
|
DIRECTORS. As soon as practicable after all the temporary |
|
directors have qualified under Section 49.055, Water Code, the |
|
temporary directors shall meet at a location in the district |
|
agreeable to a majority of the directors. At the meeting, the |
|
temporary directors shall elect officers from among the temporary |
|
directors and conduct any other district business. |
|
Sec. 8264.023. CONFIRMATION AND INITIAL DIRECTORS' |
|
ELECTION; ANNEXATION BY CITY. (a) The temporary directors shall |
|
hold an election to confirm the creation of the district and to |
|
elect five directors as provided by Section 49.102, Water Code. |
|
(b) The temporary directors may not hold the election until |
|
the City of Gunter has annexed into its corporate limits all |
|
territory described by Section 2.02 of the article creating this |
|
chapter. |
|
Sec. 8264.024. INITIAL ELECTED DIRECTORS; TERMS. The |
|
directors elected under Section 8264.023 shall draw lots to |
|
determine which two shall serve until the first regularly scheduled |
|
election of directors and which three shall serve until the second |
|
regularly scheduled election of directors. |
|
Sec. 8264.025. EXPIRATION OF SUBCHAPTER. This subchapter |
|
expires September 1, 2014. |
|
[Sections 8264.026-8264.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8264.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. |
|
[Sections 8264.052-8264.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8264.101. 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. 8264.102. WATER AND WASTEWATER FACILITIES AND |
|
SERVICES. (a) The district shall make available any district water |
|
or wastewater facility to each person that holds a certificate of |
|
convenience and necessity for land in the district. |
|
(b) The district may not provide retail water or wastewater |
|
services. |
|
Sec. 8264.103. ROAD PROJECTS. (a) To the extent authorized |
|
by Section 52, Article III, Texas Constitution, the district may |
|
construct, acquire, improve, maintain, or operate macadamized, |
|
graveled, or paved roads or turnpikes, or improvements in aid of |
|
those roads or turnpikes, inside the district. |
|
(b) A road project must meet all applicable construction |
|
standards, subdivision requirements, and regulations of each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the district is located. |
|
Sec. 8264.104. MAINTENANCE AND REPAIR OF ROADS IN TERRITORY |
|
EXCLUDED FROM CITY. If the City of Gunter excludes district |
|
territory from the city's corporate limits, the district shall |
|
maintain, improve, operate, and repair any road located in that |
|
territory in accordance with the ordinances and rules of each |
|
political subdivision in whose jurisdiction the road is located. |
|
Sec. 8264.105. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two new districts only if the district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
(b) The division procedure is prescribed by Sections 53.030 |
|
through 53.041, Water Code. |
|
(c) Any new district created by the division of the district |
|
has all the powers and duties of the district. |
|
(d) Any new district created by the division of the district |
|
may not, at the time the new district is created, contain any land: |
|
(1) outside the area described by Section 2.02 of the |
|
article creating this chapter; or |
|
(2) outside the corporate limits of the city of |
|
Gunter. |
|
Sec. 8264.106. LIMITATION ON ANNEXATION. (a) The district |
|
may not add land to the district under Subchapter J, Chapter 49, |
|
Water Code, if the land is located outside the corporate limits of |
|
the city of Gunter. |
|
(b) Section 43.075, Local Government Code, does not apply to |
|
the district. |
|
[Sections 8264.107-8264.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8264.151. TAX TO REPAY BONDS. The district may impose |
|
a tax to pay the principal of or interest on bonds or other |
|
obligations issued under Section 8264.201. |
|
[Sections 8264.152-8264.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 8264.201. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. (a) The district may issue bonds or other obligations |
|
as provided by Chapters 49 and 54, Water Code, to finance the |
|
construction, maintenance, or operation of a project under Section |
|
8264.101 or 8264.103. |
|
(b) The district may not issue bonds or other obligations to |
|
finance projects authorized by Section 8264.103 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. |
|
(c) Bonds or other obligations issued or incurred to finance |
|
projects authorized by Section 8264.103 may not exceed one-fourth |
|
of the assessed value of the real property in the district. |
|
SECTION 2.02. The Kimberlin Ranch Municipal Utility |
|
District No. 1 of Grayson County includes all the territory |
|
contained in the following area: |
|
BEING situated in the County of Grayson, State of Texas, being parts |
|
of the JOHN NELSON SURVEY, ABSTRACT NO. 902, the JOHN W. BERGIN |
|
SURVEY, ABSTRACT NO. 75, and the ANTONIO HERNANDEZ SURVEY, ABSTRACT |
|
NO. 489, also being the 1073.77 acre tract of land conveyed to |
|
Davidson Land and Cattle Company, L.P. by deed recorded in Volume |
|
2235, Page 597, Real Property Records, GRAYSON County, Texas and |
|
being described by metes and bounds as follows: |
|
BEGINNING at a 2 inch steel rod set at the Southeast corner of the |
|
758.750 acre tract of land conveyed to Larry Lehman, et ux, by deed |
|
of record in Volume 2555, Page 624-655, of said Real Property |
|
Records, the Southwest corner of said 1073.77 acre tract of land, |
|
said rod also being in the North line of the 208.67 acre tract of |
|
land conveyed to James and Juanell Bridges Family Living Trust by |
|
deed of record in Volume 2506, Page 146, of said Real Property |
|
Records; |
|
THENCE North 00 degrees 00 minutes 00 seconds West with the West |
|
line of said 1073.77 acre tract and the center of a public road a |
|
distance of 4674.02 feet to a 2 inch steel rod set at the Southwest |
|
corner of a 177.93 acre tract of land conveyed to Louis M. Rexrode, |
|
et ux, by deed of record in Volume 2205, Page 639, of said Real |
|
Property Records, also being the Southeast corner of the 133.05 |
|
acre tract of land conveyed to Henry S. Jackson, et ux, by deed of |
|
record in Volume 2059, Page 273, of said Real Property Records; |
|
THENCE North 89 degrees 22 minutes 34 seconds East with the South |
|
line of said 177.93 acre tract a distance of 2805.74 feet to a 2 inch |
|
steel rod set at a found wooden stake at the Southeast corner of |
|
said 177.93 acre tract; |
|
THENCE North 00 degrees 32 minutes 19 seconds West with a fence and |
|
the East line of said 177.93 acre tract of land a distance of |
|
2774.19 feet to a 2 inch steel rod set at a found wooden stake at the |
|
Northeast corner of said 177.93 acre tract; |
|
THENCE South 89 degrees 47 minutes 48 seconds West with the North |
|
line of said 177.93 acre tract of land a distance of 2765.01 feet to |
|
a 2 inch steel rod set at the Northwest corner of said 177.93 acre |
|
tract, being in the East line of said 133.05 acre tract; |
|
THENCE North 00 degrees 00 minutes 00 seconds West with the center |
|
of a public road and said East line a distance of 1296.86 feet to a 2 |
|
inch steel rod set at the Northwest corner of said 1073.77 acre |
|
tract, the Southeast corner of the 362.631 acre tract of land |
|
conveyed to Taylor Strawn and Ernest B. Strawn, Jr., by deed of |
|
record in Volume 2209, Page 772, of said Real Property Records, also |
|
being the Southwest corner of the 121.14 acre tract of land |
|
described as Part Two and conveyed to Jeribeth Sharp by deed of |
|
record in Volume 2668, Page 009, of said Real Property Records; |
|
THENCE North 89 degrees 37 minutes 51 seconds East with the South |
|
line of said 121.14 acre tract, a distance of 4016.31 feet to a 2 |
|
inch steel rod set at a fence corner, being the Southeast corner of |
|
said 121.14 acre tract; |
|
THENCE South 00 degrees 10 minutes 16 seconds East with a fence a |
|
distance of 1298.84 feet to a 2 inch steel rod set at a fence post; |
|
THENCE North 89 degrees 30 minutes 06 seconds East with a fence a |
|
distance of 2512.99 feet to a 2 inch steel rod set at the most |
|
Easterly Northeast corner of said 1073.77 acre tract, the Northwest |
|
corner of the 1022.21 acre tract of land described as Part One as |
|
conveyed to Jeribeth Sharp by deed of record in Volume 2668, Page |
|
009, of said Real Property Records; |
|
THENCE with the West line of said 1022.21 acre tract of land and an |
|
existing fence line, the following calls and distances: |
|
South 00 degrees 40 minutes 13 seconds East, a distance of 2497.50 |
|
feet to a 2 inch steel rod set at a fence corner; |
|
South 89 degrees 32 minutes 01 seconds West a distance of 150.18 |
|
feet to a 2 inch steel rod set a fence corner; |
|
South 00 degrees 44 minutes 41 seconds East_ a distance of 1112.81 |
|
feet to a 2 inch steel rod set a fence corner; |
|
South 89 degrees 13 minutes 04 seconds East a distance of 150.56 |
|
feet to a 2 inch steel rod set a fence corner; |
|
South 00 degrees 45 minutes 51 seconds East a distance of 3832.16 |
|
feet to a 2 inch steel rod set in a public road, being the Southeast |
|
corner of said 1073.77 acre tract, also being in the North line of |
|
the 67 acre tract of land conveyed to James S. Rodgers, et ux, by |
|
deed of record in Volume 1045, Page 759, of the Deed Records, |
|
Grayson County, Texas; |
|
THENCE South 89 degrees 24 minutes 04 seconds West with the South |
|
line of said 1073.77 acre tract a distance of 6642.95 feet to the |
|
POINT OF BEGINNING and CONTAINING 1065.860 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, 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 2.04. This article takes effect September 1, 2007. |
|
ARTICLE 3. KIMBERLIN RANCH MUNICIPAL |
|
UTILITY DISTRICT NO. 2 OF GRAYSON COUNTY |
|
SECTION 3.01. Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 8265 to read as follows: |
|
CHAPTER 8265. KIMBERLIN RANCH MUNICIPAL UTILITY DISTRICT NO. 2 OF |
|
GRAYSON COUNTY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8265.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Kimberlin Ranch Municipal |
|
Utility District No. 2 of Grayson County. |
|
Sec. 8265.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district in Grayson County created under and |
|
essential to accomplish the purposes of Section 52, Article III, |
|
and Section 59, Article XVI, Texas Constitution. |
|
Sec. 8265.003. CONFIRMATION ELECTION REQUIRED. If the |
|
creation of the district is not confirmed at a confirmation |
|
election held under Section 8265.023 before September 1, 2011: |
|
(1) the district is dissolved September 1, 2011, |
|
except that the district shall: |
|
(A) pay any debts incurred; |
|
(B) transfer to Grayson County any assets that |
|
remain after the payment of debts; and |
|
(C) maintain the organization of the district |
|
until all debts are paid and remaining assets are transferred; and |
|
(2) this chapter expires September 1, 2014. |
|
Sec. 8265.004. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 3.02 of the article creating this chapter. |
|
(b) The boundaries and field notes contained in Section 3.02 |
|
of the article creating 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: |
|
(1) the organization, existence, or validity of the |
|
district; |
|
(2) the right of the district to impose taxes; |
|
(3) the validity of the district's bonds, notes, or |
|
indebtedness; or |
|
(4) the legality or operation of the district or the |
|
board. |
|
[Sections 8265.005-8265.020 reserved for expansion] |
|
SUBCHAPTER A-1. TEMPORARY PROVISIONS |
|
Sec. 8265.021. TEMPORARY DIRECTORS. (a) On or after |
|
September 1, 2007, a person who owns land in the district may submit |
|
a petition to the Texas Commission on Environmental Quality |
|
requesting that the commission appoint as temporary directors the |
|
five persons named in the petition. |
|
(b) The commission shall appoint as temporary directors the |
|
five persons named in the first petition received by the commission |
|
under Subsection (a). |
|
(c) If a temporary director fails to qualify for office, the |
|
commission shall appoint a person to fill the vacancy. |
|
(d) Temporary directors serve until the earlier of: |
|
(1) the date directors are elected under Section |
|
8265.023; or |
|
(2) the date this chapter expires under Section |
|
8265.003. |
|
Sec. 8265.022. ORGANIZATIONAL MEETING OF TEMPORARY |
|
DIRECTORS. As soon as practicable after all the temporary |
|
directors have qualified under Section 49.055, Water Code, the |
|
temporary directors shall meet at a location in the district |
|
agreeable to a majority of the directors. At the meeting, the |
|
temporary directors shall elect officers from among the temporary |
|
directors and conduct any other district business. |
|
Sec. 8265.023. CONFIRMATION AND INITIAL DIRECTORS' |
|
ELECTION; ANNEXATION BY CITY. (a) The temporary directors shall |
|
hold an election to confirm the creation of the district and to |
|
elect five directors as provided by Section 49.102, Water Code. |
|
(b) The temporary directors may not hold the election until |
|
the City of Gunter has annexed into its corporate limits all |
|
territory described by Section 3.02 of the article creating this |
|
chapter. |
|
Sec. 8265.024. INITIAL ELECTED DIRECTORS; TERMS. The |
|
directors elected under Section 8265.023 shall draw lots to |
|
determine which two shall serve until the first regularly scheduled |
|
election of directors and which three shall serve until the second |
|
regularly scheduled election of directors. |
|
Sec. 8265.025. EXPIRATION OF SUBCHAPTER. This subchapter |
|
expires September 1, 2014. |
|
[Sections 8265.026-8265.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8265.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. |
|
[Sections 8265.052-8265.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8265.101. 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. 8265.102. WATER AND WASTEWATER FACILITIES AND |
|
SERVICES. (a) The district shall make available any district |
|
water or wastewater facility to each person that holds a |
|
certificate of convenience and necessity for land in the district. |
|
(b) The district may not provide retail water or wastewater |
|
services. |
|
Sec. 8265.103. ROAD PROJECTS. (a) To the extent authorized |
|
by Section 52, Article III, Texas Constitution, the district may |
|
construct, acquire, improve, maintain, or operate macadamized, |
|
graveled, or paved roads or turnpikes, or improvements in aid of |
|
those roads or turnpikes, inside the district. |
|
(b) A road project must meet all applicable construction |
|
standards, subdivision requirements, and regulations of each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the district is located. |
|
Sec. 8265.104. MAINTENANCE AND REPAIR OF ROADS IN TERRITORY |
|
EXCLUDED FROM CITY. If the City of Gunter excludes district |
|
territory from the city's corporate limits, the district shall |
|
maintain, improve, operate, and repair any road located in that |
|
territory in accordance with the ordinances and rules of each |
|
political subdivision in whose jurisdiction the road is located. |
|
Sec. 8265.105. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two new districts only if the district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
(b) The division procedure is prescribed by Sections 53.030 |
|
through 53.041, Water Code. |
|
(c) Any new district created by the division of the district |
|
has all the powers and duties of the district. |
|
(d) Any new district created by the division of the district |
|
may not, at the time the new district is created, contain any land: |
|
(1) outside the area described by Section 3.02 of the |
|
article creating this chapter; or |
|
(2) outside the corporate limits of the city of |
|
Gunter. |
|
Sec. 8265.106. LIMITATION ON ANNEXATION. (a) The district |
|
may not add land to the district under Subchapter J, Chapter 49, |
|
Water Code, if the land is located outside the corporate limits of |
|
the city of Gunter. |
|
(b) Section 43.075, Local Government Code, does not apply to |
|
the district. |
|
[Sections 8265.107-8265.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8265.151. TAX TO REPAY BONDS. The district may impose |
|
a tax to pay the principal of or interest on bonds or other |
|
obligations issued under Section 8264.201. |
|
[Sections 8265.152-8265.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 8265.201. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. (a) The district may issue bonds or other obligations |
|
as provided by Chapters 49 and 54, Water Code, to finance the |
|
construction, maintenance, or operation of a project under Section |
|
8265.101 or 8265.103. |
|
(b) The district may not issue bonds or other obligations to |
|
finance projects authorized by Section 8265.103 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. |
|
(c) Bonds or other obligations issued or incurred to finance |
|
projects authorized by Section 8265.103 may not exceed one-fourth |
|
of the assessed value of the real property in the district. |
|
SECTION 3.02. The Kimberlin Ranch Municipal Utility |
|
District No. 2 of Grayson County includes all the territory |
|
contained in the following area: |
|
SITUATED in the County of GRAYSON, State of Texas, being a part of |
|
the ROBERT MASON SURVEY, ABSTRACT NO. 784 and the SAMUEL Q. PETTUS |
|
SURVEY, ABSTRACT NO. 939, being a part of a 297.715 acre tract of |
|
land (described as 300.715 acres less 3.00 acres) conveyed by Regis |
|
J. Sutton to Jean Anna Sutton in Agreement of Regis J. Sutton and |
|
Jean Anna Sutton Partitioning Community Property dated June 3, |
|
1983, recorded in Volume 1650, Page 260, Deed Records, GRAYSON |
|
County, Texas, and being more particularly described by metes and |
|
bounds as follows to-wit: |
|
BEGINNING at a found 1/2 inch rebar on the most Southerly South line |
|
of said 297.715 acre tract, the North line of a 201.711 acre tract |
|
of land conveyed by Charles C. Graham, et ux to Mario Feliciano, |
|
Trustee by Deed dated July 9, 1980, recorded in Volume 1523, Page |
|
109, Deed Records, GRAYSON County, Texas, said rebar being North 87 |
|
degrees 08 minutes 06 seconds West, a distance of 626.13 feet from a |
|
found spike nail maintaining the most Southerly Southeast corner of |
|
said 297.715 acre tract, the most Northerly Northeast corner of |
|
said 201.711 acre tract, in a public road known as Wall Street Road |
|
and on an East line of said Mason Survey, the West line of the |
|
William Kinnamon Survey, Abstract No. 676; |
|
THENCE North 87 degrees 08 minutes 06 seconds West, with the general |
|
line of a fence, the most Southerly South line of said 297.715 acre |
|
tract, the North line of said 201.711 acre tract, a distance of |
|
1141.44 feet to a fence post; |
|
THENCE North 87 degrees 24 minutes 28 seconds West, continuing with |
|
the general line of said fence, the Southerly South line of said |
|
297.715 acre tract, the North line of said 201.77 acre tract, a |
|
distance of 2156.98 feet to a set spike nail at the base of a fence |
|
corner post for the Northwest corner of said 201.711 acre tract, the |
|
most Southerly Southwest corner of said 297.715 acre tract, on the |
|
East line of a 223.5639 acre tract of land conveyed by Kent Berlin |
|
to The Berlin Family Limited Partnership by Deed dated January 10, |
|
2000, recorded in Volume 2881, Page 924, Official Public Records, |
|
GRAYSON County, Texas; |
|
THENCE North 03 degrees 33 minutes 37 seconds East, with the general |
|
line of a fence, the East line of said 223.5639 acre tract, a |
|
distance of 1112.63 feet to a fence corner post maintaining the |
|
Northeast corner of said 223.5639 acre tract, an ell corner of said |
|
297.715 acre tract on a North line of said Mason Survey, the South |
|
line of said Pettus Survey; |
|
THENCE North 87 degrees 19 minutes 23 seconds West, with the general |
|
line of a fence, the North line of said 223.5639 acre tract, a North |
|
line of said Mason Survey, the South line of said Pettus Survey, |
|
passing the Northwest corner of said 223.5639 acre tract, the |
|
Northeast corner of a 20 foot wide strip of land described in Second |
|
Tract in Deed from George M. Carter, et ux to Joe D. Johnson by Deed |
|
dated March 29, 1961, recorded in Volume 930, Page 211, Deed |
|
Records, GRAYSON County, Texas and continuing for a total distance |
|
of 2911.41 feet to a set spike nail at the base of a fence corner |
|
post for the Northwest corner of said Mason Survey, the most |
|
Westerly Southwest corner of said 297.715 acre tract, the Southwest |
|
corner of said Pettus Survey, on the East line of the Sarah Shoto |
|
Survey, Abstract No. 1079, the East line of a 100 acre tract of land |
|
described in First Tract in said Volume 930, Page 211; |
|
THENCE North 03 degrees 27 minutes 34 seconds East, with the West |
|
line of said Pettus Survey, the East line of both said Shoto Survey |
|
and 100 acre tract, passing the Northeast corner of said 100 acre |
|
tract, the Southeast corner of a 499.67 acre tract of land conveyed |
|
by Mary H. Martinek to Mary H. Martinek, Trustee of the Mary H. |
|
Martinek Revocable Living Trust by Deed dated April 11, 1997, |
|
recorded in Volume 2562, Page 196, Official Public Records, GRAYSON |
|
County, Texas and continuing with an East line of said 499.67 acre |
|
tract for a total distance of 1263.89 feet to a found 1/2 inch rebar |
|
at the base of a fence corner post, said rebar maintaining the |
|
Northwest corner of said 297.715 acre tract, the Southwest corner |
|
of a 223 acre tract of land now or formerly owned by Thelma Hunter |
|
(no Deed reference available); |
|
THENCE South 87 degrees 25 minutes 47 seconds East, with the general |
|
line of a fence, the South line of said 223 acre tract, at a distance |
|
of 6798.67 feet to a found 3/8 inch rebar maintaining the Southeast |
|
corner of said 223 acre tract, the most Northerly Northeast corner |
|
of said 297.715 acre tract, in said Wall Street Road and on the East |
|
line of said Pettus Survey, the West line of said William Kinnamon |
|
Survey, the West line of a tract of land described in North Tract in |
|
Quitclaim Deed dated September 30, 1997 from Susan C. deCordova to |
|
Susan C. deCordova, Trustee of the deCordova Trust recorded in |
|
Volume 2577, Page 155, Official Public Records, GRAYSON County, |
|
Texas; |
|
THENCE South 03 degrees 15 minutes 00 seconds West, with an East |
|
line of both said 297.715 acre tract and Mason Survey, the West line |
|
of both said Kinnamon Survey and North Tract, passing the Southeast |
|
corner of said Pettus Survey, the most Northerly Northeast corner |
|
of said Mason Survey and continuing for a total distance of 1680.66 |
|
feet to a found spike nail maintaining a Southeast corner of said |
|
297.715 acre tract, the Northeast corner of a 3.00 acre tract of |
|
land conveyed by Anna Houck Trust to AHG Trust by Deed dated January |
|
30, 2002, recorded in Volume 3194, Page 458, Official Public |
|
Records, GRAYSON County, Texas; |
|
THENCE North 87 degrees 04 minutes 00 seconds West with the North |
|
line of said 3.00 acre tract, a distance of 626.13 feet to a found |
|
1/2 inch rebar maintaining its Northwest corner; |
|
THENCE South 03 degrees 15 minutes 00 seconds West, with the West |
|
line of said 3.00 acre tract, at a distance of 208.71 feet passing a |
|
found 1/2 inch rebar maintaining its Southwest corner and |
|
continuing for a total distance of 711.76 feet to the PLACE OF |
|
BEGINNING and CONTAINING 288.92 acres of land, more or less. |
|
TRACT 2 |
|
All that certain tract or parcel of land situated in the Robert |
|
Mason Survey, Abstract Number 784 County of Grayson, State of |
|
Texas, said tract being part of a called 69 1\2 acres tract as |
|
described in Deed to Marshall E. Anderson et ux, Marquerite |
|
Anderson, filed 11 January 1962, and Recorded in Volume 947 Page 387 |
|
of the Deed Records of the County of Grayson, State of Texas, and |
|
being more fully described as follows: |
|
Beginning for the northeast corner of the tract being described |
|
herein at a set 1\2 inch Steel Square Tubing, said tubing being the |
|
northeast corner of said Anderson tract, and the southeast corner |
|
of a called 100 acres tract as described in the First Tract, and on |
|
the west line of a called 1.56 acre tract as described in the Second |
|
tract in Deed to Joe D. Johnson, filed 30 March 1961, and Recorded |
|
in Volume 930 Page 211 of said Deed Records; |
|
Thence: South 03 degrees 29 minutes 22 seconds West, with the east |
|
line of said Anderson tract, and with the west line of said Johnson |
|
Second Tract, a distance of 609.07 feet to a found 1\2 inch Steel |
|
Square Tubing for the northeast corner of a 1.25 acre tract as |
|
surveyed out for Dennis Keating dated 27 December 1999; |
|
Thence: North 86 degrees 56 minutes 26 seconds West, with the north |
|
line of said Keating tract, a distance of 124.72 feet to a found 1\2 |
|
inch Steel Square Tubing for the northwest corner of said Keating |
|
tract; |
|
Thence: South 03 degrees 32 minutes 41 seconds West, with the west |
|
line of said Keating tract, a distance of 435.58 feet to a found 1\2 |
|
inch Steel Square Tubing for the southwest corner of said Heating |
|
tract, and on the north Right-of-Way line of Farm-to-Market Road |
|
Number 121 as described in Deed to The State of Texas, filed 11 |
|
November 1953 and Recorded in Volume 744 Page 72 of said Deed |
|
Records |
|
Thence: North 87 degrees 07 minutes 47 seconds West, with the south |
|
line of said Anderson tract, and the north ROW line of said FM 121, |
|
a distance of 1856.89 feet to a found State of Texas Concrete |
|
Right-of-Way Monument for a corner; |
|
Thence: North 73 degrees 24 minutes 31 seconds West, with the south |
|
line of said Anderson tract, and the north ROW line of FM 121, a |
|
distance of 332.15 feet to a found 1\2 inch Steel Square Tubing for |
|
the southeast corner of a 5 acre tract as described in Deed to |
|
Ronald R. Baker et ux, Joanie C. Baker, filed 06 November 1995, and |
|
Recorded in Volume 2428 Page 31 of said Deed Records; |
|
Thence: North 29 degrees 08 minutes 03 seconds West, with the east |
|
line of said Baker tract, a distance of 1078.23 feet to a found 1\2 |
|
inch Steel Square Tubing for the northeast corner of said Baker |
|
tract, and on the south line of a tract as described in Deed to Steve |
|
Bryant et ux, Judy Bryant, filed 02 January 2003, and Recorded in |
|
Volume 3393 Page 846 of said Deed Records; |
|
Thence: South 88 degrees 17 minutes 06 seconds East, with the north |
|
line of said Anderson tract, and with the south line of said Bryant |
|
tract, a distance of 1574.07 feet to a found 1\2 inch Steel Rebar at |
|
the base of a wood fence corner post for the southeast corner of |
|
said Bryant tract, and the southwest corner of said Johnson First |
|
tract; |
|
Thence: South 87 degrees 58 minutes 16 seconds East, with the north |
|
line of said Anderson tract, and the south line of said Johnson |
|
First Tract, a distance of 1313.83 feet to the POINT OF BEGINNING |
|
and containing 58.946 acres of land. |
|
TRACT 3 |
|
All that certain tract or parcel of land situated in the Robert |
|
Mason Survey, Abstract Number 784 and the Sarah Shoto Survey, |
|
Abstract Number 1079, County of Grayson, State of Texas, said tract |
|
being all of a called 100 acres tract as described in the First |
|
Tract, and all of a called 1.56 acre tract as described in the |
|
Second tract in Deed to Joe D. Johnson, filed 30 March 1961, and |
|
Recorded in Volume 930 Page 211 of the Deed Records of the County of |
|
Grayson, State of Texas, and being more fully described as follows: |
|
Beginning for the southeast corner of the tract being described |
|
herein at a found 1\2 inch Steel Square Tubing, said tubing being |
|
the southeast corner of said Johnson tract, and the southwest |
|
corner of a called 223.457 acre tract as described in Deed to Gunter |
|
223, LTD, filed 06 June 2005, and Recorded in Volume 3870 Page 800 |
|
of said Deed Records, said tubing also being on the north |
|
Right-of-Way line of Farm-to-Market Road Number 121 as described in |
|
Deed to The State of Texas, filed 11 November 1953 and Recorded in |
|
Volume 744 Page 72 of said Deed Records; |
|
Thence: North 86 degrees 52 minutes 52 seconds West, with the south |
|
line of said Johnson Seconds Tract, and with the north ROW line of |
|
said FM 121, a distance of 20.00 feet to a found 1\2 inch Steel |
|
Square Tubing for the southwest corner of said Johnson Seconds |
|
Tract, and the southeast corner of a 1.25 acre tract as surveyed out |
|
for Dennis Keating dated 27 December 1999; |
|
Thence: North 03 degrees 29 minutes 02 seconds East, with the west |
|
line of said Johnson Second tract, a distance of 1044.78 feet to a |
|
set 1\2 inch Steel Square Tubing with a plastic cap marked COX 4577 |
|
for the southeast corner of said Johnson First tract and the |
|
northeast corner of a tract as described in Deed to Marshall E. |
|
Anderson et ux, Marquerite Anderson, filed 11 January 1962, and |
|
Recorded in Volume 947 Page 387 of said Deed Records; |
|
Thence: North 87 degrees 58 minutes 16 seconds West, with the south |
|
line of said Johnson First Tract, and with the north line of said |
|
Anderson tract, a distance of 1313.82 feet to a found 1\2 inch Steel |
|
Rebar for the southwest corner of said Johnson First Tract, and the |
|
southeast corner of a tract as described in Deed to Steve Bryant et |
|
ux, Judy Bryant, filed 02 January 2003, and Recorded in Volume 3393 |
|
Page 846 of said Deed Records; |
|
Thence: North 03 degrees 21 minutes 26 seconds East, with the west |
|
line of said Johnson First Tract, a distance of 3311.44 feet to a |
|
Wood Fence corner Post for the northwest corner of said Johnson |
|
First Tract; |
|
Thence: South 86 degrees 54 minutes 56 seconds East, with the north |
|
line of said Johnson First Tract, a distance of 1313.67 feet to a |
|
set 1\2 inch Steel Square Tubing for the northeast corner of said |
|
Johnson First Tract, and on the west line of a called 288.92 acre |
|
tract as described in Deed to Inwood Plaza Joint Venture, filed 07 |
|
January 2004, and Recorded in Volume 3594 Page 147 of said Deed |
|
Records; |
|
Thence: South 03 degrees 27 minutes 34 seconds West, with the east |
|
line of said Johnson First Tract, a distance of 960.75 feet to a |
|
found 1\2 inch Steel Rebar at the base of a Wood Fence corner Post |
|
for the northwest corner of said Johnson Second Tract, and the |
|
southwest corner of said Inwood Plaza Joint Venture tract; |
|
Thence: South 87 degrees 14 minutes 29 seconds East, with the north |
|
line of said Johnson Second Tract, and with the south line of said |
|
Inwood Plaza tract, a distance of 20.98 feet to a found 1\2 inch |
|
Steel Rebar at the base of a wood fence corner post for the |
|
northeast corner of said Johnson Second Tract, and the northwest |
|
corner of said Gunter 223 tract; |
|
Thence: South 03 degrees 20 minutes 36 seconds West, with the east |
|
line of said Johnson Second Tract, and the west line of said Gunter |
|
223 tract, a distance of 2326.24 feet to a Wood Fence corner Post |
|
for an angle point; |
|
Thence: South 03 degrees 29 minutes 00 seconds West, with the east |
|
line of said Johnson Second Tract, and the west line of said Gunter |
|
223 tract, a distance of 1045.16 feet to the POINT OF BEGINNING and |
|
containing 101.005 acre of land. |
|
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. This article takes effect September 1, 2007. |
|
ARTICLE 4. KIMBERLIN RANCH MUNICIPAL |
|
UTILITY DISTRICT NO. 3 OF GRAYSON COUNTY |
|
SECTION 4.01. Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 8266 to read as follows: |
|
CHAPTER 8266. KIMBERLIN RANCH MUNICIPAL UTILITY DISTRICT NO. 3 OF |
|
GRAYSON COUNTY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8266.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Kimberlin Ranch Municipal |
|
Utility District No. 3 of Grayson County. |
|
Sec. 8266.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district in Grayson County created under and |
|
essential to accomplish the purposes of Section 52, Article III, |
|
and Section 59, Article XVI, Texas Constitution. |
|
Sec. 8266.003. CONFIRMATION ELECTION REQUIRED. If the |
|
creation of the district is not confirmed at a confirmation |
|
election held under Section 8266.023 before September 1, 2011: |
|
(1) the district is dissolved September 1, 2011, |
|
except that the district shall: |
|
(A) pay any debts incurred; |
|
(B) transfer to Grayson County any assets that |
|
remain after the payment of debts; and |
|
(C) maintain the organization of the district |
|
until all debts are paid and remaining assets are transferred; and |
|
(2) this chapter expires September 1, 2014. |
|
Sec. 8266.004. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 4.02 of the article creating this chapter. |
|
(b) The boundaries and field notes contained in Section 4.02 |
|
of the article creating 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: |
|
(1) the organization, existence, or validity of the |
|
district; |
|
(2) the right of the district to impose taxes; |
|
(3) the validity of the district's bonds, notes, or |
|
indebtedness; or |
|
(4) the legality or operation of the district or the |
|
board. |
|
[Sections 8266.005-8266.020 reserved for expansion] |
|
SUBCHAPTER A-1. TEMPORARY PROVISIONS |
|
Sec. 8266.021. TEMPORARY DIRECTORS. (a) On or after |
|
September 1, 2007, a person who owns land in the district may submit |
|
a petition to the Texas Commission on Environmental Quality |
|
requesting that the commission appoint as temporary directors the |
|
five persons named in the petition. |
|
(b) The commission shall appoint as temporary directors the |
|
five persons named in the first petition received by the commission |
|
under Subsection (a). |
|
(c) If a temporary director fails to qualify for office, the |
|
commission shall appoint a person to fill the vacancy. |
|
(d) Temporary directors serve until the earlier of: |
|
(1) the date directors are elected under Section |
|
8266.023; or |
|
(2) the date this chapter expires under Section |
|
8266.003. |
|
Sec. 8266.022. ORGANIZATIONAL MEETING OF TEMPORARY |
|
DIRECTORS. As soon as practicable after all the temporary |
|
directors have qualified under Section 49.055, Water Code, the |
|
temporary directors shall meet at a location in the district |
|
agreeable to a majority of the directors. At the meeting, the |
|
temporary directors shall elect officers from among the temporary |
|
directors and conduct any other district business. |
|
Sec. 8266.023. CONFIRMATION AND INITIAL DIRECTORS' |
|
ELECTION; ANNEXATION BY CITY. (a) The temporary directors shall |
|
hold an election to confirm the creation of the district and to |
|
elect five directors as provided by Section 49.102, Water Code. |
|
(b) The temporary directors may not hold the election until |
|
the City of Gunter has annexed into its corporate limits all |
|
territory described by Section 4.02 of the article creating this |
|
chapter. |
|
Sec. 8266.024. INITIAL ELECTED DIRECTORS; TERMS. The |
|
directors elected under Section 8266.023 shall draw lots to |
|
determine which two shall serve until the first regularly scheduled |
|
election of directors and which three shall serve until the second |
|
regularly scheduled election of directors. |
|
Sec. 8266.025. EXPIRATION OF SUBCHAPTER. This subchapter |
|
expires September 1, 2014. |
|
[Sections 8266.026-8266.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8266.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. |
|
[Sections 8266.052-8266.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8266.101. 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. 8266.102. WATER AND WASTEWATER FACILITIES AND |
|
SERVICES. (a) The district shall make available any district water |
|
or wastewater facility to each person that holds a certificate of |
|
convenience and necessity for land in the district. |
|
(b) The district may not provide retail water or wastewater |
|
services. |
|
Sec. 8266.103. ROAD PROJECTS. (a) To the extent authorized |
|
by Section 52, Article III, Texas Constitution, the district may |
|
construct, acquire, improve, maintain, or operate macadamized, |
|
graveled, or paved roads or turnpikes, or improvements in aid of |
|
those roads or turnpikes, inside the district. |
|
(b) A road project must meet all applicable construction |
|
standards, subdivision requirements, and regulations of each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the district is located. |
|
Sec. 8266.104. MAINTENANCE AND REPAIR OF ROADS IN TERRITORY |
|
EXCLUDED FROM CITY. If the City of Gunter excludes district |
|
territory from the city's corporate limits, the district shall |
|
maintain, improve, operate, and repair any road located in that |
|
territory in accordance with the ordinances and rules of each |
|
political subdivision in whose jurisdiction the road is located. |
|
Sec. 8266.105. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two new districts only if the district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
(b) The division procedure is prescribed by Sections 53.030 |
|
through 53.041, Water Code. |
|
(c) Any new district created by the division of the district |
|
has all the powers and duties of the district. |
|
(d) Any new district created by the division of the district |
|
may not, at the time the new district is created, contain any land: |
|
(1) outside the area described by Section 4.02 of the |
|
article creating this chapter; or |
|
(2) outside the corporate limits of the city of |
|
Gunter. |
|
Sec. 8266.106. LIMITATION ON ANNEXATION. (a) The district |
|
may not add land to the district under Subchapter J, Chapter 49, |
|
Water Code, if the land is located outside the corporate limits of |
|
the city of Gunter. |
|
(b) Section 43.075, Local Government Code, does not apply to |
|
the district. |
|
[Sections 8266.107-8266.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8266.151. TAX TO REPAY BONDS. The district may impose |
|
a tax to pay the principal of or interest on bonds or other |
|
obligations issued under Section 8266.201. |
|
[Sections 8266.152-8266.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 8266.201. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. (a) The district may issue bonds or other obligations |
|
as provided by Chapters 49 and 54, Water Code, to finance the |
|
construction, maintenance, or operation of a project under Section |
|
8266.101 or 8266.103. |
|
(b) The district may not issue bonds or other obligations to |
|
finance projects authorized by Section 8266.103 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. |
|
(c) Bonds or other obligations issued or incurred to finance |
|
projects authorized by Section 8266.103 may not exceed one-fourth |
|
of the assessed value of the real property in the district. |
|
SECTION 4.02. The Kimberlin Ranch Municipal Utility |
|
District No. 3 of Grayson County includes all the territory |
|
contained in the following area: |
|
All that certain tract or parcel of land situated in the Ricardo |
|
Garcia Survey, Abstract Number 446 and the M.S. Herrera Survey, |
|
Abstract Number 545, County of Grayson, State of Texas, said tract |
|
being all of a 303.943 acre tract as described in Deed to Morris |
|
Morgan Jr., et ux, Bonita Morgan, filed 26 October 1996, and |
|
Recorded in Volume 2364 Page 637, and all of a 20.333 acre tract as |
|
described in Deed to Morris Morgan Jr., et ux, Bonita Morgan, filed |
|
02 May 2003, and Recorded in Volume 3446 Page 71, and all of a |
|
22.469 acre tract as described in Deed to Morris Morgan Jr., et ux, |
|
Bonita Morgan, filed 20 February 2004, and Recorded in Volume 3616 |
|
Page 79 of the Deed Records of the County of Grayson, State of |
|
Texas, and being more fully described as follows: |
|
Beginning for the southeast corner of the tract being described |
|
herein at a found 3\4 inch Steel Rod, said rod being the southeast |
|
corner of said Morgan 303.943 acre tract, and the northeast corner |
|
of a tract as described in Deed to Martinek Grain & Bin Inc,, filed |
|
03 August 1994, and Recorded in Volume 2352 Page 18 of said Deed |
|
Records, said rod also being in Scharff Road (gravel surfaced); |
|
Thence: South 88 degrees 48 minutes 47 seconds West, with the south |
|
line of said Morgan 303.943acre tract, and passing at 22.90 feet a |
|
wood fence corner post on the west side of said road, and continuing |
|
on said course for a total distance of 3725.83 feet to a found 1\2 |
|
inch Steel Square Tubing with a plastic cap marked Cox 4577 for the |
|
southwest corner of said Morgan 303.943 acre tract, and the |
|
southeast corner of said Morgan 20.333 acre tract; |
|
Thence: South 89 degrees 50 minutes 58 seconds West, with the south |
|
line of said Morgan 20.333 acre tract, a distance of 624.98 feet to |
|
a found 1\2 inch Steel Square Tubing with a plastic cap marked COX |
|
4577 for the southwest corner of said Morgan 20.333 acre tract, and |
|
the southeast corner of said Morgan 22.469 acre tract; |
|
Thence: South 89 degrees 52 minutes 55 seconds West, with the south |
|
line of said Morgan 22.469 acre tract, a distance of 719.91 feet to |
|
a found 1\2 inch Steel Square Tubing with a plastic cap marked COX |
|
4577 for the southwest corner of said Morgan 22/469 acre tract; |
|
Thence: North 01 degrees 01 minutes 06 seconds West, with the west |
|
line of said Morgan 22.469 acre tract, a distance of 1400.92 feet to |
|
a found 1\2 inch Steel Rebar by a wood Fence corner Post for the |
|
northwest corner of said Morgan 22.469 acre tract, and an ell corner |
|
of said Morgan 303.943 acre tract; |
|
Thence: North 01 degrees 01 minutes 06 seconds West, with the west |
|
line of said Morgan 303.943 acre tract, a distance of 1583.19 feet |
|
to a found 1\2 inch Steel Rebar by a wood Fence corner Post for the |
|
northwest corner of said Morgan 303.943 acre tract; |
|
Thence: North 89 degrees 11 minutes 45 seconds East, with the north |
|
line of said Morgan 303.943acre tract, a distance of 1378.61 feet to |
|
a found 1\2 inch Steel Rebar by a wood fence corner post for a |
|
corner; |
|
Thence: North 89 degrees 04 minutes 46 seconds East, with the north |
|
line of said Morgan 303.943 tract, a distance of 3678.41 feet to a |
|
found 3\4 inch Steel Rod for th3e northeast corner of said Morgan |
|
303.943 acre tract, and in Scharff Road. |
|
Thence: South 01 degrees 16 minutes 42 seconds East, with the east |
|
line of said Morgan 303.943 tract, and in said road, a distance of |
|
2982.52 feet to the POINT OF BEGINNING and containing 347.744 acres |
|
of land. |
|
SECTION 4.03. (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 4.04. This article takes effect September 1, 2007. |
|
ARTICLE 5. KING'S CROSSING MUNICIPAL |
|
UTILITY DISTRICT OF GRAYSON COUNTY |
|
SECTION 5.01. Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 8251 to read as follows: |
|
CHAPTER 8251. KING'S CROSSING MUNICIPAL UTILITY DISTRICT OF |
|
GRAYSON COUNTY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8251.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the King's Crossing Municipal |
|
Utility District of Grayson County. |
|
Sec. 8251.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district in Grayson County created under and |
|
essential to accomplish the purposes of Section 52, Article III, |
|
and Section 59, Article XVI, Texas Constitution. |
|
Sec. 8251.003. FINDING OF PUBLIC USE AND BENEFIT. The |
|
district is created to serve a public use and benefit. |
|
Sec. 8251.004. CONFIRMATION ELECTION REQUIRED. If the |
|
creation of the district is not confirmed at a confirmation |
|
election held under Section 8251.024 before September 1, 2009: |
|
(1) the district shall, as soon as it reasonably knows |
|
the district will not be confirmed and before September 1, 2009: |
|
(A) pay any debts incurred; and |
|
(B) transfer to Grayson County any assets that |
|
remain after the payment of debts; |
|
(2) the district is dissolved September 1, 2009; and |
|
(3) this chapter expires September 1, 2009. |
|
Sec. 8251.005. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 5.02 of the article creating this chapter. |
|
(b) The boundaries and field notes contained in Section 5.02 |
|
of the article creating 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: |
|
(1) the organization, existence, or validity of the |
|
district; |
|
(2) the right of the district to impose taxes; or |
|
(3) the legality or operation of the board. |
|
[Sections 8251.006-8251.020 reserved for expansion] |
|
SUBCHAPTER A-1. TEMPORARY PROVISIONS |
|
Sec. 8251.021. TEMPORARY DIRECTORS. (a) The temporary |
|
board consists of: |
|
(1) Hill Johnson; |
|
(2) Joe Henneburger; |
|
(3) Bill Casanova; |
|
(4) Adrian Butler; and |
|
(5) Kevin Eddy. |
|
(b) If a temporary director fails to qualify for office, the |
|
temporary directors who have qualified shall appoint a person to |
|
fill the vacancy. If at any time there are fewer than three |
|
qualified temporary directors, the Texas Commission on |
|
Environmental Quality shall appoint the necessary number of persons |
|
to fill all vacancies on the board. |
|
(c) Temporary directors serve until the earlier of: |
|
(1) the date directors are elected under Section |
|
8251.024; or |
|
(2) the date this chapter expires under Section |
|
8251.004. |
|
Sec. 8251.022. ORGANIZATIONAL MEETING OF TEMPORARY |
|
DIRECTORS. As soon as practicable after all the temporary |
|
directors have qualified under Section 49.055, Water Code, the |
|
temporary directors shall convene the organizational meeting of the |
|
district at a location in the district agreeable to a majority of |
|
the directors. If a location cannot be agreed upon, the |
|
organizational meeting shall be at the Grayson County Courthouse. |
|
Sec. 8251.023. DEVELOPMENT AGREEMENT REQUIRED. The |
|
temporary directors may not hold an election under Section 8251.024 |
|
or approve the issuance of bonds until a district landowner enters |
|
into a development agreement regarding district land with the City |
|
of Howe. |
|
Sec. 8251.024. CONFIRMATION AND INITIAL DIRECTORS' |
|
ELECTION. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five directors as |
|
provided by Section 49.102, Water Code. |
|
Sec. 8251.025. INITIAL ELECTED DIRECTORS; TERMS. The |
|
directors elected under Section 8251.024 shall draw lots to |
|
determine which two shall serve until the first regularly scheduled |
|
election of directors and which three shall serve until the second |
|
regularly scheduled election of directors. |
|
Sec. 8251.026. EXPIRATION OF SUBCHAPTER. This subchapter |
|
expires September 1, 2009. |
|
[Sections 8251.027-8251.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8251.051. DIRECTORS; TERMS. (a) The district is |
|
governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. |
|
[Sections 8251.052-8251.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8251.101. 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. 8251.102. ROAD PROJECTS. (a) The district may |
|
construct, acquire, improve, maintain, or operate macadamized, |
|
graveled, or paved roads or improvements in aid of those roads, |
|
inside or outside the district. |
|
(b) 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 district is located. If the district is not |
|
located in the corporate limits or extraterritorial jurisdiction of |
|
a municipality, a road project must meet all applicable |
|
construction standards, zoning and subdivision requirements, and |
|
regulations of each county in which the district is located. |
|
(c) The district may not undertake a road project unless |
|
each municipality in whose corporate limits or extraterritorial |
|
jurisdiction the district is located consents by resolution. If |
|
the district is not located in the corporate limits or |
|
extraterritorial jurisdiction of a municipality, the district may |
|
not undertake a road project unless each county in which the |
|
district is located consents by resolution. |
|
Sec. 8251.103. ROAD CONTRACTS. The district may contract |
|
for a road project in the manner provided by Subchapter I, Chapter |
|
49, Water Code. |
|
Sec. 8251.104. MAINTENANCE AND REPAIR OF ROADS IN TERRITORY |
|
OUTSIDE CORPORATE LIMITS OF MUNICIPALITY. If district territory, |
|
or a portion of district territory, is located outside the |
|
corporate limits of a municipality, the district shall: |
|
(1) maintain, improve, operate, and repair any road |
|
located in that territory in accordance with the ordinances and |
|
rules of each political subdivision in whose jurisdiction the road |
|
is located; and |
|
(2) pay for the cost of performing the district's |
|
duties under Subdivision (1). |
|
[Sections 8251.105-8251.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8251.151. OPERATION AND MAINTENANCE TAX. The district |
|
may impose a tax for any district operation and maintenance purpose |
|
in the manner provided by Section 49.107, Water Code. |
|
Sec. 8251.152. TAX TO REPAY BONDS. The district may impose |
|
a tax to pay the principal of and interest on bonds issued under |
|
Section 8251.201. |
|
Sec. 8251.153. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
|
ASSESSMENTS. The district may not impose an impact fee or |
|
assessment on the property, including the equipment, |
|
rights-of-way, facilities, or improvements, of: |
|
(1) an electric utility or a power generation company |
|
as defined by Section 31.002, Utilities Code; |
|
(2) a gas utility as defined by Section 101.003 or |
|
121.001, Utilities Code; |
|
(3) a telecommunications provider as defined by |
|
Section 51.002, Utilities Code; |
|
(4) a cable operator as defined by 47 U.S.C. Section |
|
522; or |
|
(5) a person who provides to the public advanced |
|
telecommunications services. |
|
[Sections 8251.154-8251.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 8251.201. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. (a) The district may issue bonds or other obligations |
|
as provided by Chapters 49 and 54, Water Code, and to finance the |
|
construction, maintenance, or operation of projects under Section |
|
8251.102. |
|
(b) The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, grants, or other district money. |
|
(c) The district may not issue bonds or other obligations |
|
secured wholly or partly by ad valorem taxation to finance projects |
|
authorized by Section 8251.102 unless the issuance is approved by a |
|
vote of a two-thirds majority of district voters voting at an |
|
election called for that purpose. |
|
(d) Bonds or other obligations issued or incurred to finance |
|
projects authorized by Section 8251.102 may not exceed one-fourth |
|
of the assessed value of the real property in the district. |
|
SECTION 5.02. The King's Crossing Municipal Utility |
|
District of Grayson County initially includes all the territory |
|
contained in the following described area: |
|
TRACT 1 |
|
BEING a tract of land situated in the J. ARMENDARIS SURVEY, ABSTRACT |
|
NO. 39, the J. MARSHALL SURVEY, ABSTRACT NO. 868, the C. MASON |
|
SURVEY, ABSTRACT NO. 859 and the E. REYNOLDS SURVEY, ABSTRACT NO. |
|
1008, in Grayson County, Texas, and being all of a called 146 acre |
|
tract of land described in a deed to W. C. King recorded in Volume |
|
464, Page 531 of the Deed Records of Grayson County, Texas, part of |
|
a called 273.2255 acre tract described in a deed to W. C. King |
|
recorded in Volume 418, Page 320 of said Deed Records, (both of said |
|
King tracts being subsequently conveyed in part to Joe C. King, |
|
Nancy Jane Yarborough and the Mary Ann Arterbury Revocable Trust by |
|
deeds recorded in Volume 2182, Page 950, Volume 2192, Page 234, |
|
Volume 2249, Page 895, and Volume 3259, Page 266, all of said Deed |
|
Records), all of a called 60.2 acre tract of land described as Tract |
|
One in a deed to Nancy McElreath King recorded in Volume 953, Page |
|
307 of said Deed Records, all of a called 12.5 acre tract of land |
|
described as Tract Two in said deed, and all of a called 40 acre |
|
tract of land described as Tract Three in said deed, and being more |
|
particularly described as follows: |
|
BEGINNING at a railroad spike found at the intersection of the |
|
center of Farmington Road (undedicated public road) with the center |
|
of Hall Cemetery Road (undedicated public road), said point being |
|
the southwest corner of said 60.2 acre tract; |
|
THENCE North 00 degrees 57 minutes 32 seconds West, along the |
|
approximate center of Farmington Road, and along the west lines of |
|
said 60.2 acre tract and said 146 acre tract, a distance of 2577.20 |
|
feet to a 1-inch iron pipe found for the most westerly northwest |
|
corner of said 146 acre tract and the south corner of a called 34 |
|
acre tract of land described in a deed to the Burks Family Trusts |
|
recorded in Volume 3128, Page 820 of said Deed Records; |
|
THENCE North 34 degrees 38 minutes 57 seconds East, along the common |
|
line between said 34 acre tract and said 146 acre tract, a distance |
|
of 2574.44 feet to a 1-inch iron pipe found at an angle point in the |
|
approximate center of Davis Road (undedicated public road) for the |
|
east corner of said 34 acre tract and the most southerly southeast |
|
corner of a called 123.8843 acre tract of land described in a deed |
|
to C. J. Matthews and wife Dorothy Matthews recorded in Volume 1180, |
|
Page 590 of said Deed Records; |
|
THENCE North 33 degrees 34 minutes 50 seconds East, along the common |
|
line between said 146 acre tract and said 123.8843 acre tract, and |
|
along the approximate center of Davis Road, a distance of 989.01 |
|
feet to a 1-inch iron pipe found at an angle point in said road for |
|
most northerly northwest corner of said 146 acre tract; |
|
THENCE South 89 degrees 56 minutes 45 seconds East, along the |
|
approximate center of Davis Road and the north lines of said 146 |
|
acre tract and said 273.2255 acre tract, a distance of 3122.85 feet |
|
to a 5/8-inch iron rod with cap marked "PETITT RPLS 4087" set for |
|
corner; |
|
THENCE South 00 degrees 55 minutes 04 seconds East, along the |
|
prolongation of and the west lines of a called 0.923 acre tract |
|
described in a deed to Joe C. King and wife Katie Mae King recorded |
|
in Volume 1518, Page 747 of said Deed Records, a called 3.086 acre |
|
tract of land described in a deed to Joe C. King and wife Katie Mae |
|
King recorded in Volume 1331, Page 150, a tract of land described in |
|
a deed to Joe C. King recorded in Volume 1293, Page 77 of said Deed |
|
Records, a distance of 3195.54 feet to a 5/8-inch iron rod with cap |
|
marked "PETITT RPLS 4087" set for a point of the north line of |
|
Western Hills, an addition to the City of Howe according to the plat |
|
thereof recorded in Volume 3, Page 76 of the Map Records of Grayson |
|
County, Texas. |
|
THENCE South 89 degrees 24 minutes 28 seconds West, along the north |
|
line of Western Hills, and addition to the City of Howe, a distance |
|
of 1.52 feet to the northwest corner of said Western Hills to a |
|
5/8-inch iron rod with cap marked "PETITT RPLS 4087" set for corner; |
|
THENCE South 00 degrees 48 minutes 45 seconds East, departing the |
|
northwest corner of said Western Hills, and along the most |
|
southerly east line of said 273.2255 acre tract, a distance of |
|
410.53 feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS |
|
4087" set for the most southerly southeast corner of said 273.2255 |
|
acre tract and the northeast corner of a called 111.5 acre tract |
|
described in a deed to Robert Glen Sollis, Jr., recorded in Volume |
|
2352, Page 222 of said Deed Records; |
|
THENCE North 89 degrees 21 minutes 25 seconds West, along the common |
|
line between said 273.2255 acre tract and said 111.5 acre tract, a |
|
distance of 2591.12 feet to a 5/8-inch iron rod with cap marked |
|
"PETITT - RPLS 4087" set for the northwest corner of said 111.5 acre |
|
tract and the northeast corner of said 40 acre tract; |
|
THENCE South 00 degrees 48 minutes 45 seconds East, along the common |
|
line between said 111.5 acre tract an said 40 acre tract, a distance |
|
of 1904.72 feet to a 5/8-inch iron rod with cap marked "PETITT - |
|
RPLS 4087" set in the approximate center of Hall Cemetery Road for |
|
the southeast corner of said 40 acre tract; |
|
THENCE South 89 degrees 13 minutes 54 seconds West, along the |
|
approximate center of Hall Cemetery Road and the south lines of said |
|
40 acre tract, said 12.5 acre tract and said 60.2 acre tract, a |
|
distance of 2582.24 feet to the POINT OF BEGINNING and containing |
|
470.470 acres of land, more or less. |
|
TRACT 2 |
|
BEING A TRACT OF LAND SITUATED IN THE J. ARMENDARIS SURVEY, ABSTRACT |
|
NO. 39, THE J. MARSHALL SURVEY, ABSTRACT NO. 825, AND THE E. |
|
REYNOLDS SURVEY, ABSTRACT NO. 1008, IN GRAYSON COUNTY, TEXAS, AND |
|
BEING A PORTION OF A CALLED 57.898 ACRE TRACT DESCRIBED IN A DEED TO |
|
JOE CLYDE KING RECORDED IN VOLUME 3693, PAGE 147 OF THE DEED RECORDS |
|
OF GRAYSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS |
|
FOLLOWS: |
|
BEGINNING AT A NAIL FOUND IN THE APPROXIMATE CENTER OF DAVIS ROAD |
|
(UNDEDICATED PUBLIC ROAD) FOR THE NORTHEAST CORNER OF SAID 57.898 |
|
ACRE TRACT AND THE NORTHWEST CORNER OF A CALLED 29.732 ACRE TRACT OF |
|
LAND DESCRIBED AS TRACT 1 IN A DEED TO JERRY L. KING AND DONNA KING |
|
BEDGOOD RECORDED IN VOLUME 2001, PAGE 107 OF SAID DEED RECORDS; |
|
THENCE ALONG THE COMMON LINE BETWEEN SAID 29.732 ACRE TRACT AND SAID |
|
57.898 ACRE TRACT AS FOLLOWS: |
|
SOUTH 26 DEGREES 30 MINUTES 31 SECONDS EAST, A DISTANCE OF 274.02 |
|
FEET TO A 5/8-INCH IRON ROD WITH CAP MARKED "PETITT - RPLS 4087" SET |
|
FOR CORNER; |
|
SOUTH 22 DEGREES 04 MINUTES 49 SECONDS EAST, A DISTANCE OF 371.90 |
|
FEET TO A 5/8-INCH IRON ROD WITH CAP MARKED "PETITT - RPLS 4087" SET |
|
FOR CORNER; |
|
SOUTH 64 DEGREES 31 MINUTES 10 SECONDS EAST, A DISTANCE OF 174.55 |
|
FEET TO A 5/8-INCH IRON ROD WITH CAP MARKED "PETITT - RPLS 4087" SET |
|
FOR THE MOST EASTERLY NORTHEAST CORNER OF SAID 57.898 ACRE TRACT AND |
|
THE NORTHWEST CORNER OF WESTERN HILLS COMMERCIAL, AN ADDITION TO |
|
THE CITY OF HOWE ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3, |
|
PAGE 79 OF THE PLAT RECORDS OF GRAYSON COUNTY, TEXAS; |
|
THENCE SOUTH 00 DEGREES 54 MINUTES 15 SECONDS EAST, ALONG THE |
|
EASTERLY LINE OF SAID 57.898 ACRE TRACT AND THE WEST LINE OF SAID |
|
WESTERN HILLS COMMERCIAL, A DISTANCE OF 360.57 FEET TO A 5/8-INCH |
|
IRON ROD WITH CAP MARKED "PETITT - RPLS 4087" SET FOR CORNER FROM |
|
WHICH A 1/2-INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID |
|
WESTERN HILLS COMMERCIAL BEARS SOUTH 00 DEGREES 54 MINUTES 15 |
|
SECONDS EAST, A DISTANCE OF 305.41 FEET; |
|
THENCE SOUTH 89 DEGREES 31 MINUTES 09 SECONDS WEST, DEPARTING SAID |
|
EASTERLY AND WEST LINES AND OVER AND ACROSS SAID 57.898 ACRE TRACT, |
|
A DISTANCE OF 905.24 FEET TO A 5/8-INCH IRON ROD WITH CAP MARKED |
|
"PETITT - RPLS 4087" SET IN THE WEST LINE OF SAID 57.898 ACRE TRACT |
|
SAME BEING THE EAST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO AP |
|
HOWE LIMITED PARTNERSHIP FILED IN VOLUME 3814, PAGE 898, OF SAID |
|
DEED RECORDS; |
|
THENCE NORTH 00 DEGREES 55 MINUTES 04 SECONDS WEST, ALONG SAID EAST |
|
AND WEST LINES, A DISTANCE OF 1030.55 FEET TO A NAIL FOUND IN THE |
|
APPROXIMATE CENTER OF SAID DAVIS ROAD FOR THE NORTHWEST CORNER OF |
|
SAID 57.898 ACRE TRACT AND THE NORTHEAST CORNER OF SAID AP HOWE |
|
LIMITED PARTNERSHIP TRACT; |
|
THENCE SOUTH 89 DEGREES 56 MINUTES 50 SECONDS EAST, ALONG THE NORTH |
|
LINE OF SAID 57.898 ACRE TRACT AND THE APPROXIMATE CENTER OF SAID |
|
DAVIS ROAD, A DISTANCE OF 160.56 FEET TO A RAILROAD SPIKE FOUND FOR |
|
AN ANGLE POINT; |
|
THENCE NORTH 89 DEGREES 31 MINUTES 33 SECONDS EAST, CONTINUING |
|
ALONG SAID NORTH LINE AND THE APPROXIMATE CENTER OF SAID DAVIS ROAD, |
|
A DISTANCE OF 335.80 FEET TO THE POINT OF BEGINNING AND CONTAINING |
|
762,300 SQUARE FEET, OR 17.500 ACRES OF LAND, MORE OR LESS. |
|
SECTION 5.03. (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 5.04. This article takes effect immediately if this |
|
Act receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this article takes effect September 1, 2007. |
|
ARTICLE 6. PLATINUM RANCH MUNICIPAL |
|
UTILITY DISTRICT NO. 1 OF GRAYSON COUNTY |
|
SECTION 6.01. Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 8256 to read as follows: |
|
CHAPTER 8256. PLATINUM RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF |
|
GRAYSON COUNTY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8256.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Platinum Ranch Municipal |
|
Utility District No. 1 of Grayson County. |
|
Sec. 8256.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district in Grayson County created under and |
|
essential to accomplish the purposes of Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 8256.003. CONFIRMATION ELECTION REQUIRED. If the |
|
creation of the district is not confirmed at a confirmation |
|
election held under Section 8256.055 before September 1, 2009: |
|
(1) the district is dissolved September 1, 2009, |
|
except that: |
|
(A) any debts incurred shall be paid; |
|
(B) any assets that remain after the payment of |
|
debts shall be transferred to Grayson County; and |
|
(C) the organization of the district shall be |
|
maintained until all debts are paid and remaining assets are |
|
transferred; and |
|
(2) this chapter expires September 1, 2014. |
|
Sec. 8256.004. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 6.02 of the article creating this chapter. |
|
(b) The boundaries and field notes contained in Section 6.02 |
|
of the article creating 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: |
|
(1) the organization, existence, or validity of the |
|
district; |
|
(2) the right of the district to impose taxes; |
|
(3) the validity of the district's bonds, notes, or |
|
other indebtedness; or |
|
(4) the legality or operation of the district or the |
|
board. |
|
Sec. 8256.005. ANNEXATION INTO CITY OF GUNTER. (a) |
|
Notwithstanding any other law, if all of the territory of the |
|
district is annexed by the City of Gunter into the corporate limits |
|
of that municipality before the date of the election held to confirm |
|
the creation of the district, the district is not dissolved and |
|
shall continue in full force and effect. |
|
(b) Any future annexation or inclusion of additional |
|
territory into a district governed by this chapter may not occur |
|
unless the City of Gunter is allowed to voluntarily annex the same |
|
territory into the municipality's corporate limits. |
|
Sec. 8256.006. DISSOLUTION. Section 43.074, Local |
|
Government Code, applies to the dissolution of the district. |
|
[Sections 8256.007-8256.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8256.051. DIRECTORS; TERMS. (a) The district is |
|
governed by a board of five directors. |
|
(b) Except as provided by Section 8256.053, directors serve |
|
staggered four-year terms. |
|
Sec. 8256.052. ELECTION OF DIRECTORS. On the uniform |
|
election date in May of each even-numbered year, the appropriate |
|
number of directors shall be elected. |
|
Sec. 8256.053. INITIAL DIRECTORS. (a) The initial board |
|
consists of: |
|
(1) Mark McClure; |
|
(2) Greg Meador; |
|
(3) Lance Hancock; |
|
(4) David Howell; and |
|
(5) Mark Smith. |
|
(b) The terms of the first three directors named in |
|
Subsection (a) expire on the uniform election date in May 2008, and |
|
the terms of the last two directors named in Subsection (a) expire |
|
on the uniform election date in May 2010. |
|
(c) This section expires September 1, 2011. |
|
Sec. 8256.054. INCORPORATION OF DISTRICT TERRITORY INTO |
|
MUNICIPALITY REQUIRED. The directors may not hold an election |
|
under Section 8256.055 until all of the territory of the district is |
|
included in the corporate limits of the City of Gunter. |
|
Sec. 8256.055. CONFIRMATION AND INITIAL DIRECTORS' |
|
ELECTION. The initial directors shall hold an election to confirm |
|
the creation of the district. |
|
[Sections 8256.056-8256.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8256.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. (a) 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. |
|
(b) Notwithstanding Subsection (a), the district may not |
|
act as a retail provider of water or wastewater service. |
|
(c) The district shall make the district's water and |
|
wastewater facilities available to an entity holding the applicable |
|
certificate of convenience and necessity. |
|
Sec. 8256.102. ROAD PROJECTS. (a) To the extent authorized |
|
by Section 52, Article III, Texas Constitution, the district may |
|
construct, acquire, improve, maintain, or operate macadamized, |
|
graveled, or paved roads or turnpikes, or improvements in aid of |
|
those roads, inside the district. |
|
(b) A road project must meet all applicable construction |
|
standards, subdivision requirements, and regulatory ordinances of |
|
the municipality in whose corporate limits or extraterritorial |
|
jurisdiction the district is located. |
|
(c) If a portion of the territory of the district is |
|
excluded from the corporate limits of the City of Gunter, the |
|
district shall: |
|
(1) improve, maintain, repair, and operate the roads |
|
located in that portion of territory in accordance with the |
|
ordinances and rules of the political subdivision possessing |
|
jurisdiction over the roads in that portion of territory; and |
|
(2) pay the entire cost of performing the district's |
|
duties under Subdivision (1). |
|
Sec. 8256.103. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two new districts only if: |
|
(1) the district has no outstanding bonded debt; |
|
(2) the district is not imposing ad valorem taxes; and |
|
(3) each new district is within the corporate limits |
|
of the City of Gunter. |
|
(b) The division procedure is prescribed by Sections 53.030 |
|
through 53.041, Water Code. |
|
(c) Any new district created by the division of the district |
|
has all the powers and duties of the district. |
|
(d) At the time of creation, any new district created by the |
|
division of the district may not contain any land outside the area |
|
described by Section 6.02 of the article creating this chapter. |
|
[Sections 8256.104-8256.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8256.151. TAX TO REPAY BONDS. The district may impose |
|
a tax to pay the principal of or interest on bonds or other |
|
obligations issued under Section 8256.201. |
|
[Sections 8256.152-8256.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 8256.201. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. (a) The district may issue bonds or other obligations |
|
as provided by Chapters 49 and 54, Water Code, to finance the |
|
construction, maintenance, or operation of a project under Section |
|
8256.101 or 8256.102. |
|
(b) The district may not issue bonds to finance projects |
|
authorized by Section 8256.102 unless the issuance is approved by a |
|
vote of a two-thirds majority of the district voters voting at an |
|
election called for that purpose. |
|
(c) Bonds or other obligations issued or incurred to finance |
|
projects authorized by Section 8256.102 may not exceed one-fourth |
|
of the assessed value of the real property in the district. |
|
SECTION 6.02. The Platinum Ranch Municipal Utility District |
|
No. 1 of Grayson County includes all the territory contained in the |
|
following area: |
|
All that certain tract or parcel of land situated in the William |
|
Richards Survey, Abstract Number 998, the Robert Mason Survey, |
|
Abstract Number 784, the J.R. Worral Survey, Abstract Number 1357, |
|
and the William Wells Survey, Abstract Number 1354, County of |
|
Grayson, State of Texas and being all that called 339.24 acre tract |
|
of land as described in Deed to Platinum Ranch Venture, LTD, filed |
|
16 February 2001 and recorded in Volume 3033 Page 185 of the Deed |
|
Records of the County of Grayson, State of Texas, and being all that |
|
called 300.264 acre tract of land as described in Deed to Platinum |
|
Ranch Venture, LTD, filed 16 February 2001 and recorded in Volume |
|
3033 Page 189 of said Deed Records, and being all that called 100.00 |
|
acre tract of land as described in Deed to Platinum Ranch Venture, |
|
LTD, filed 01 March 2001 and recorded in Volume 3038 Page 100 of |
|
said Deed Records, and being all that called 851.808 acre tract of |
|
land as described in Deed to Platinum Ranch Venture, LTD, filed 16 |
|
May 2001 and recorded in Volume 3072 Page 217 of said Deed Records, |
|
and being all that called 78.427 acre tract of land as described in |
|
Deed to Platinum Ranch Venture, LTD, filed 23 May 2002 and recorded |
|
in Volume 3253 Page 743 of said Deed Records, and being more fully |
|
described as follows: |
|
BEGINNING for the Southeast corner of the tract being described |
|
herein at a found 1\2 inch iron rod at the intersection of Old |
|
Scaggs School Road and Merilee Roads for the Southeast corner of |
|
said 851.808 acre tract, said rod being on the South line of said |
|
Mason Survey; |
|
Thence: South 89 degrees 57 minutes 55 seconds West, with the South |
|
line of said 851.808 acre tract and said Mason Survey, along the |
|
centerline of said Marilee Road, a distance of 3186.43 feet to a |
|
found 1\2 inch iron rod for the Southwest corner of said 851.808 |
|
acre tract and the Southeast corner of said 329.424 acre tract; |
|
Thence: North 89 degrees 22 minutes 52 seconds West, with the South |
|
line of said 329.424 acre tract, continuing along the centerline of |
|
said road, and passing at 4174.77 feet the Southwest corner of said |
|
329.424 acre tract and the Southeast corner of said 100.00 acre |
|
tract, and continuing along said course, a total distance of |
|
5198.85 feet to a found 1\2 inch steel square tube for corner at the |
|
intersection of said Marilee Road and County Road Number 10; |
|
Thence: North 88 degrees 59 minutes 54 seconds West, continuing |
|
with the South line of said 100.00 acre tract, along the centerline |
|
of said Marilee Road, a distance of 244.55 feet to a found 1\2 inch |
|
steel square tube at the intersection of said Marilee Road and Blame |
|
Road for the Southwest corner of said 100.00 acre tract; |
|
Thence: North 00 degrees 07 minutes 57 seconds West, with the West |
|
line of said 100.00 acre tract, along the centerline of said Blaine |
|
Road, and passing at 3425.72 feet the Northwest corner of said |
|
100.00 acre tract and the Southwest corner of said 300.264 acre |
|
tract, and continuing along said course and road, and passing at |
|
5630.58 feet the Northwest corner of said 300.264 acre tract and the |
|
Southwest corner of said 78.427 acre tract, and continuing along |
|
said course and road, a total distance of 7236.34 feet to a found |
|
1\2 inch steel square tube at the intersection of said Blaine Road |
|
and Jaresh Road for the Northwest corner of said 78.427 acre tract; |
|
Thence: North 88 degrees 26 minutes 13 seconds East, with the North |
|
line of said 78.427 acre tract, along the centerline of said Jaresh |
|
Road, a distance of 2076.20 feet to a found 1\2 inch iron rod for the |
|
Northeast corner of said 78.427 acre tract; |
|
Thence: South 01 degrees 09 minutes 52 seconds East, with the East |
|
line of said 78.427 acre tract, and passing at 14.0 feet a cross-tie |
|
fence corner post on the South side of said Jaresh Road, and |
|
continuing along said course, along and near a fence, a total |
|
distance of 1662.51 feet to a found 1\2 inch steel square tube for |
|
the Southeast corner of said 78.427 acre tract, said tubing being on |
|
the North line of said 300.264 acre tract, said tubing also being |
|
the Southwest corner of a called 252.043 tract of land as described |
|
in Deed to Ronald Evans Box, et ux Nita Gay Box, filed 15 December |
|
1992 and recorded in Volume 2246 Page 173 of said Deed Records; |
|
Thence: North 89 degrees 32 minutes 42 seconds East, with the North |
|
line of said 300.264 acre tract and the South line of said Box |
|
tract, with a fence, a distance of 1771.60 feet to a bois d' arc post |
|
for corner; |
|
Thence: North 89 degrees 04 minutes 11 seconds East, continuing |
|
with the North line of said 300.264 acre tract and the South line of |
|
said Box tract, with a fence, a distance of 1940.19 feet to a |
|
cross-tie fence corner post for an ell corner of this tract, said |
|
corner also being the Southeast corner of said Box tract; |
|
Thence: North 00 degrees 40 minutes 31 seconds West, with the West |
|
line of said 851.808 acre tract and the East line of said Box tract, |
|
along and near a fence, a distance of 1208.96 feet to a wood fence |
|
corner post for an ell corner of this tract and a Northeast corner |
|
of said Box tract; |
|
Thence: South 87 degrees 48 minutes 54 seconds West, continuing |
|
with the West line of said 851.808 acre tract and the East line of |
|
said Box tract, along and near a fence, a distance of 1749.62 feet |
|
to a pipe fence corner post for corner; |
|
Thence: North 01 degrees 29 minutes 27 seconds West, continuing |
|
with the West line of said 851.808 acre tract and the East line of |
|
said Box tract, along and near a fence, a distance of 1664.74 feet |
|
to a pipe fence corner post for corner; |
|
Thence: North 87 degrees 51 minutes 31 seconds East, continuing |
|
with the West line of said 851.808 acre tract and the East line of |
|
said Box tract, along and near a fence, 849.86 feet to a pipe fence |
|
corner post for corner; |
|
Thence: North 01 degrees 26 minutes 50 seconds West, continuing |
|
with the West line of said 851.808 acre tract and the East line of |
|
said Box tract, along and near a fence, a distance of 1216.06 feet |
|
to a pipe fence corner post for the Northwest corner of said 851.808 |
|
acre tract, said post also being the Southwest corner of a called |
|
374.17 acre tract of land as described in Deed to Martinek Grain & |
|
Bins, Inc., filed 01 June 1993 and recorded in Volume 2272 Page 912 |
|
of said Deed Records; |
|
Thence: North 87 degrees 58 minutes 36 seconds East, with the North |
|
line of said 851.808 acre tract and the South line of said 374.17 |
|
acre tract, with the general course of a fence, a distance of 973.27 |
|
feet to a wood post for corner; |
|
Thence: North 87 degrees 53 minutes 22 seconds East, continuing |
|
with the North line of said 851.808 acre tract and the South tine of |
|
said 374.17 acre tract, with said fence, a distance of 1091.88 feet |
|
to a wood fence corner post for corner; |
|
Thence: North 89 degrees 57 minutes 15 seconds East, continuing |
|
with the North line of said 851.808 acre tract and the South line of |
|
said 374.17 acre tract, with said fence, a distance of 1491.72 feet |
|
to a cross-tie fence corner post for the Northeast corner of said |
|
851.808 acre tract, said post also being the most Westerly |
|
Northwest corner of a called 178.842 acre tract of land as described |
|
in Deed to Martinek Grain & Bins, Inc., dated 03 August 1994 and |
|
recorded in Volume 2352 Page 18 of said Deed Records; |
|
Thence: South 02 degrees 33 minutes 15 seconds East, with the East |
|
line of said 851.808 acre tract, along and near a fence, a distance |
|
of 960.89 feet to a found 1\2 inch iron rod for a Southwest corner of |
|
said 178.842 acre tract, said rod also being the Northwest corner of |
|
a called 112.268 acre tract of land as described in Deed to Marion |
|
Cole, et ux Linda Cole, dated 27 May 1999 and recorded in Volume |
|
2796 Page 848 of said Deed Records; |
|
Thence: South 02 degrees 57 minutes 08 seconds East, continuing |
|
with the East line of said 851.808 acre tract and the West line of |
|
said Cole tract, along and near a fence, a distance of 1552.77 feet |
|
to a found 1\2 inch iron rod for the Southwest corner of said Cole |
|
tract; |
|
Thence: South 89 degrees 54 minutes 04 seconds East, continuing |
|
with the East line of said 851.808 acre tract and the South line of |
|
said Cole tract, along and near a fence, and passing a cross-tie |
|
fence corner post on the West side of Old Skaggs School Road, and |
|
continuing along said course, a distance of 3118.80 feet to a set |
|
1\2 inch steel square tube with a plastic cap marked COX 4577 in the |
|
centerline of said Old Skaggs School Road for the Southeast corner |
|
of said Cole tract; |
|
Thence: South 00 degrees 04 minutes 13 seconds East, continuing |
|
with the East line of said 851.808 acre tract, along the center of |
|
said Old Skaggs School Road, a distance of 1561.21 feet to a found |
|
1\2 inch iron rod for corner, said road making a turn to the West at |
|
this corner; |
|
Thence: North 89 degrees 46 minutes 04 seconds West, continuing |
|
with the East line of said 851.808 acre tract, along the center of |
|
said Old Skaggs School Road, a distance of 3072.50 feet to a found |
|
nail for corner, said nail being at a turn of said Old Skaggs School |
|
Road; |
|
Thence: South 00 degrees 51 minutes 03 seconds East, continuing |
|
with the East line of said 851.808 acre tract, along the center of |
|
said Old Scaggs School Road, a distance of 5800.26 feet to the POINT |
|
OF BEGINNING and containing 1659.998 acres of land. |
|
SECTION 6.03. (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 6.04. This article takes effect September 1, 2007. |
|
ARTICLE 7. SANGANI RANCH MUNICIPAL |
|
UTILITY DISTRICT NO. 1 OF GRAYSON COUNTY |
|
SECTION 7.01. Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 8258 to read as follows: |
|
CHAPTER 8258. SANGANI RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF |
|
GRAYSON COUNTY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8258.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Sangani Ranch Municipal |
|
Utility District No. 1 of Grayson County. |
|
Sec. 8258.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district in Grayson County created under and |
|
essential to accomplish the purposes of Section 52, Article III, |
|
and Section 59, Article XVI, Texas Constitution. |
|
Sec. 8258.003. CONFIRMATION ELECTION REQUIRED. If the |
|
creation of the district is not confirmed at a confirmation |
|
election held under Section 8258.023 before September 1, 2009: |
|
(1) the district is dissolved September 1, 2009, |
|
except that the district shall: |
|
(A) pay any debts incurred; |
|
(B) transfer to Grayson County any assets that |
|
remain after the payment of debts; and |
|
(C) maintain the organization of the district |
|
until all debts are paid and remaining assets are transferred; and |
|
(2) this chapter expires September 1, 2012. |
|
Sec. 8258.004. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 7.02 of the article creating this chapter. |
|
(b) The boundaries and field notes contained in Section 7.02 |
|
of the article creating 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: |
|
(1) the organization, existence, or validity of the |
|
district; |
|
(2) the right of the district to impose taxes; |
|
(3) the validity of the district's bonds, notes, or |
|
indebtedness; or |
|
(4) the legality or operation of the district or the |
|
board. |
|
[Sections 8258.005-8258.020 reserved for expansion] |
|
SUBCHAPTER A-1. TEMPORARY PROVISIONS |
|
Sec. 8258.021. TEMPORARY DIRECTORS. (a) On or after |
|
September 1, 2007, a person who owns land in the district may submit |
|
a petition to the Texas Commission on Environmental Quality |
|
requesting that the commission appoint as temporary directors the |
|
five persons named in the petition. |
|
(b) The commission shall appoint as temporary directors the |
|
five persons named in the first petition received by the commission |
|
under Subsection (a). |
|
(c) If a temporary director fails to qualify for office, the |
|
commission shall appoint a person to fill the vacancy. |
|
(d) Temporary directors serve until the earlier of: |
|
(1) the date directors are elected under Section |
|
8258.023; or |
|
(2) the date this chapter expires under Section |
|
8258.003. |
|
Sec. 8258.022. ORGANIZATIONAL MEETING OF TEMPORARY |
|
DIRECTORS. As soon as practicable after all the temporary |
|
directors have qualified under Section 49.055, Water Code, the |
|
temporary directors shall meet at a location in the district |
|
agreeable to a majority of the directors. At the meeting, the |
|
temporary directors shall elect officers from among the temporary |
|
directors and conduct any other district business. |
|
Sec. 8258.023. CONFIRMATION AND INITIAL DIRECTORS' |
|
ELECTION; ANNEXATION BY CITY. (a) The temporary directors shall |
|
hold an election to confirm the creation of the district and to |
|
elect five directors as provided by Section 49.102, Water Code. |
|
(b) The temporary directors may not hold the election until |
|
the City of Gunter has annexed into its corporate limits all |
|
territory described by Section 7.02 of the article creating this |
|
chapter. |
|
Sec. 8258.024. INITIAL ELECTED DIRECTORS; TERMS. The |
|
directors elected under Section 8258.023 shall draw lots to |
|
determine which two shall serve until the first regularly scheduled |
|
election of directors and which three shall serve until the second |
|
regularly scheduled election of directors. |
|
Sec. 8258.025. EXPIRATION OF SUBCHAPTER. This subchapter |
|
expires September 1, 2014. |
|
[Sections 8258.026-8258.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8258.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. |
|
[Sections 8258.052-8258.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8258.101. 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. 8258.102. WATER AND WASTEWATER FACILITIES AND |
|
SERVICES. (a) The district shall make available any district water |
|
or wastewater facility to each person that holds a certificate of |
|
convenience and necessity for land in the district. |
|
(b) The district may not provide retail water or wastewater |
|
services. |
|
Sec. 8258.103. ROAD PROJECTS. (a) To the extent authorized |
|
by Section 52, Article III, Texas Constitution, the district may |
|
construct, acquire, improve, maintain, or operate macadamized, |
|
graveled, or paved roads or turnpikes, or improvements in aid of |
|
those roads or turnpikes, inside the district. |
|
(b) A road project must meet all applicable construction |
|
standards, subdivision requirements, and regulations of each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the district is located. |
|
Sec. 8258.104. MAINTENANCE AND REPAIR OF ROADS IN TERRITORY |
|
EXCLUDED FROM CITY. If the City of Gunter excludes district |
|
territory from the city's corporate limits, the district shall |
|
maintain, improve, operate, and repair any road located in that |
|
territory in accordance with the ordinances and rules of each |
|
political subdivision in whose jurisdiction the road is located. |
|
Sec. 8258.105. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two new districts only if the district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
(b) The division procedure is prescribed by Sections 53.030 |
|
through 53.041, Water Code. |
|
(c) Any new district created by the division of the district |
|
has all the powers and duties of the district. |
|
(d) Any new district created by the division of the district |
|
may not, at the time the new district is created, contain any land: |
|
(1) outside the area described by Section 7.02 of the |
|
article creating this chapter; or |
|
(2) outside the corporate limits of the city of |
|
Gunter. |
|
Sec. 8258.106. LIMITATION ON ANNEXATION. (a) The district |
|
may not add land to the district under Subchapter J, Chapter 49, |
|
Water Code, if the land is located outside the corporate limits of |
|
the city of Gunter. |
|
(b) Section 43.075, Local Government Code, does not apply to |
|
the district. |
|
[Sections 8258.107-8258.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8258.151. TAX TO REPAY BONDS. The district may impose |
|
a tax to pay the principal of or interest on bonds or other |
|
obligations issued under Section 8258.201. |
|
[Sections 8258.152-8258.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 8258.201. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. (a) The district may issue bonds or other obligations |
|
as provided by Chapters 49 and 54, Water Code, to finance the |
|
construction, maintenance, or operation of a project under Section |
|
8258.101 or 8258.103. |
|
(b) The district may not issue bonds or other obligations to |
|
finance projects authorized by Section 8258.103 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. |
|
(c) Bonds or other obligations issued or incurred to finance |
|
projects authorized by Section 8258.103 may not exceed one-fourth |
|
of the assessed value of the real property in the district. |
|
SECTION 7.02. The Sangani Ranch Municipal Utility District |
|
No. 1 of Grayson County includes all the territory contained in the |
|
following area: |
|
Tract 1 |
|
All that certain tract or parcel of land situated in the A. S. A. |
|
Hartfield Survey, Abstract Number 490, Grayson County, Texas, and |
|
being part of a called Tract No. 3 as described in a deed from Jack |
|
A. Turpin to JMS & Co., a Texas General Partnership as recorded in |
|
Volume 1963, Page 451, Deed Records of Grayson County, Texas, and |
|
being more particularly described as follows: |
|
Beginning at a 1/2" iron rod found in the south line of said Tract |
|
No. 3 and in the east right-of-way line of State Highway 289 and |
|
also in an asphalt road under apparent public use posted as Mackey |
|
Road; |
|
Thence North 00 Degrees 32 Minutes 59 Seconds West with the said |
|
east monumented right-of-way line and generally with a fence line, |
|
a distance of 114.58 feet to a right-of-way monument found for |
|
corner; |
|
Thence North 45 Degrees 35 Minutes 10 Seconds East with the said |
|
east monumented right-of-way line and generally with a fence line, |
|
a distance of 180.50 feet to a right-of-way monument found for |
|
corner; |
|
Thence North 40 Degrees 07 Minutes 07 Seconds East with the said |
|
east right-of-way line and generally with a fence line, a distance |
|
of 329.14 feet to a 1/2" capped iron rod set for corner; |
|
Thence North 45 Degrees 35 Minutes 13 Seconds East with the said |
|
east right-of-way line and generally with a fence line, a distance |
|
of 1391.07 feet to a 1/2'' capped iron rod set for corner; |
|
Thence North 51 Degrees 15 Minutes 05 Seconds East with the said |
|
east monumented right-of-way line and generally with a fence line, |
|
a distance of 494.20 feet to a concrete monument for corner; |
|
Thence North 45 Degrees 35 Minutes 13 Seconds East with the said |
|
east right-of-way line and generally with a fence line, a distance |
|
of 131.23 feet to a l/2" capped iron rod set for corner; |
|
Thence North 42 Degrees 32 Minutes 58 Seconds East with the said |
|
east monumented right-of-way line and generally with a fence line, |
|
a distance of 3 15.33 feet to a concrete monument for corner; |
|
Thence North 45 Degrees 35 Minutes 13 Seconds East with the said |
|
east right-of-way line and generally with a fence line, a distance |
|
of 98.43 feet to a 1/2" capped iron rod set for corner; |
|
Thence North 40 Degrees 15 Minutes 20 Seconds East with the said |
|
east right-of-way line and generally with a fence line, a distance |
|
of 354.85 feet to a 1/2" capped iron rod set for the north corner of |
|
said Tract No. 3 and at the northwest corner of a called 26.14 acre |
|
tract of land described in a deed to Penny S. Avery as recorded in |
|
Volume 2670, Page 802, Deed Records of Grayson County, Texas; |
|
Thence South 01 Degrees 16 Minutes 21 Seconds East with the east |
|
line of said Tract No. 3 and with the west line of said 26.14 acre |
|
tract and also with or near a fence line, passing a 1/2" iron rod |
|
found at 2400.96 feet and continuing along said coarse for a total |
|
distance of 2425.74 feet to a 60 D nail found at the southeast comer |
|
of said Tract No. 3 and at the southwest corner of said 26.14 acre |
|
tract and also in said asphalt road; |
|
Thence South 89 Degrees 39 Minutes 37 Seconds West with the south |
|
line of said Tract No. 3 and along said asphalt road, a distance of |
|
2379.51 feet to the POINT OF BEGINNING and containing in total |
|
69.234 acres of land and in the occupied road way and a total of |
|
1.413 acres of land. |
|
Tract 2 |
|
All that certain tract or parcel of land situated in the A. S. A. |
|
Hartfield Survey, Abstract Number 490, Grayson County, Texas, and |
|
being part of a called Tract No. 2 as described in a deed from Jack |
|
A. Turpin to JMS & Co., a Texas General Partnership as recorded in |
|
Volume 1963, Page 451, Deed Records of Grayson County, Texas, and |
|
being more particularly described as follows: |
|
Beginning at a 1/2" capped iron rod set at the southwest corner of |
|
said Tract No. 2 and in an asphalt road under apparent public use |
|
posted as Fallow Road and also in the west line of said Hartfield |
|
Survey; |
|
Thence North 00 Degrees 57 Minutes 46 Seconds East with the west |
|
line of said Tract No. 2 and along said asphalt road most of the way |
|
and also with the said west line, a distance of 1786.81 feet to a |
|
1/2" capped iron rod set for corner in the southeast right-of-way |
|
line of S.C. & S.F. RAILROAD; |
|
Thence North 12 Degrees 29 Minutes 16 Seconds East with the west |
|
line of said Tract No, 2 and with the said southeast right-of-way |
|
line, a distance of 1260.61 feet to a 1/2" capped iron rod set for |
|
corner at the start of a curve to the right having a radius of |
|
3699.71 feet; |
|
Thence with said curve to the right and with the said west line and |
|
also with the said southeast right-of-way line an arc length of |
|
991.94 feet and said curve having a chord bearing of North 20 |
|
Degrees 16 Minutes 14 Seconds East, a distance of 988.97 feet to a |
|
1/2" capped iron rod set for corner at the start of a curve to the |
|
right having a radius of 3772.73 feet; |
|
Thence with said curve to the right and with the said west line and |
|
also with the said southeast right-of-way line an arc length |
|
1350.21 feet and said curve having a chord bearing of North 38 |
|
Degrees 02 Minutes 43 Seconds East, a distance of 1343.02 feet to a |
|
60 D nail found at the northwest corner of said Tract No. 2 and in an |
|
asphalt road under apparent public use posted as Savage Road; |
|
Thence South 89 Degrees 33 Minutes 30 Seconds East with the north |
|
line of said Tract No. 2 and along said asphalt road, a distance of |
|
969.10 feet to a 60 D nail found for corner; |
|
Thence South 89 Degrees 58 Minutes 51 Seconds East with the said |
|
north line and along said asphalt road, a distance of 2702.37 feet |
|
to a point for the northeast corner of said Tract No. 2 and in the |
|
west right-of-way line of State Highway 289; |
|
Thence South 00 Degrees 40 Minutes 28 Seconds West with the said |
|
west monumented right-of-way line, a distance of 198.93 feet to a |
|
1/2" iron rod found in concrete for corner; |
|
Thence South 45 Degrees 35 Minutes 18 Seconds West with the said |
|
west monumented right-of-way line and generally near a fence line, |
|
a distance of 967.85 feet to a brass capped monument found for |
|
corner; |
|
Thence South 51 Degrees 18 Minutes 23 Seconds West with the said |
|
west monumented right-of-way line and generally near a fence line, |
|
a distance of 494.83 feet to a brass capped monument found for |
|
corner; |
|
Thence South 45 Degrees 49 Minutes 03 Seconds West with the said |
|
west monumented right-of-way line and generally near a fence line, |
|
a distance of 97.35 feet to a brass capped monument found for |
|
corner; |
|
Thence South 39 Degrees 52 Minutes 13 Seconds West with the said |
|
west monumented right-of-way line and generally near a fence line, |
|
a distance of 494.65 feet to a brass capped monument found for |
|
corner; |
|
Thence South 45 Degrees 35 Minutes 18 Seconds West with the said |
|
west monumented right-of-way line and generally near a fence line, |
|
a distance of 1205.10 feet to a brass capped monument found for |
|
corner; |
|
Thence South 51 Degrees 19 Minutes 11 Seconds West with the said |
|
west monumented right-of-way line and generally near a fence line, |
|
a distance of 329.75 feet to a brass capped monument found for |
|
corner; |
|
Thence South 45 Degrees 28 Minutes 36 Seconds West with the said |
|
west monumented right-of-way line and generally near a fence line, |
|
a distance of 98.33 feet to a brass capped monument found for |
|
corner; |
|
Thence South 48 Degrees 35 Minutes 13 Seconds West with the said |
|
west monumented right-of-way line and generally near a fence line, |
|
a distance of 315.45 feet to a brass capped monument found for |
|
corner; |
|
Thence South 45 Degrees 56 Minutes 27 Seconds West with the said |
|
west monumented right-of-way line and generally near a fence line, |
|
a distance of 130.31 feet to a brass capped monument found for |
|
corner; |
|
Thence South 39 Degrees 47 Minutes 37 Seconds West with the said |
|
west monumented right-of-way line and generally near a fence line, |
|
a distance of 495.56 feet to a brass capped monument found for |
|
corner; |
|
Thence South 45 Degrees 35 Minutes 13 Seconds West with the said |
|
west monumented right-of-way line and generally near a fence line, |
|
a distance of 1226.52 feet to a concrete monument found for corner; |
|
Thence South 51 Degrees 18 Minutes 15 Seconds West with the said |
|
west monumented right-of-way line and generally near a fence line, |
|
a distance of 494.51 feet to a concrete monument found for corner; |
|
Thence South 46 Degrees 15 Minutes 32 Seconds West with the said |
|
west monumented right-of-way line and generally near a fence line, |
|
a distance of 97.79 feet to a concrete monument found for corner; |
|
Thence South 37 Degrees 09 Minutes 28 Seconds West with the said |
|
west right-of-way line, a distance of 409.29 feet to a 1/2" capped |
|
iron rod set at the southeast corner of said Tract No. 2; |
|
Thence South 89 Degrees 39 Minutes 37 Seconds West with the south |
|
line of said Tract No. 2, a distance of 261.85 feet to the POINT OF |
|
BEGINNING and containing in total 278.933 acres of land and in the |
|
occupied in roadway and a total of 6.477 acres of land. |
|
Tract 3 |
|
All that certain tract or parcel of land situated in the A. S. A. |
|
Hartfield Survey, Abstract Number 490, Grayson County, Texas, and |
|
being all of a called Tract No. 1 and all of a called Tract No. 4 as |
|
described in a deed from Jack A. Turpin to JMS & Co., a Texas General |
|
Partnership as recorded in Volume 1963, Page 451, Deed Records of |
|
Grayson County, Texas, and being more particularly described as |
|
follows: |
|
Beginning at a 1/2" capped iron rod set at the northwest corner of |
|
said Tract No. 1 and at the northwest corner of said Hartfield |
|
Survey and also in an asphalt road under apparent public use posted |
|
as Fallow Road; |
|
Thence South 89 Degrees 33 Minutes 30 Seconds East with the north |
|
line of said Tract No. 1 and with the north line of said Hartfield |
|
Survey, a distance of 1212.54 feet to a 60 D nail found for the |
|
northeast corner of said Tract No. 4 and in an asphalt road under |
|
apparent public use posted as Savage Road and in the northwest |
|
right-of-way line of S.C. & S.F. RAILROAD and also in a curve to the |
|
left having a radius of 3872.73 feet; |
|
Thence with said curve to the left and with the said northwest |
|
right-of-way line an arc length of 1276.90 feet and said curve |
|
having a chord bearing of South 37 Degrees 14 Minutes 32 Seconds |
|
West, a distance of 1271.12 feet to a 1/2" capped iron rod set for |
|
corner at the start of a curve to the left having a radius of 3799.71 |
|
feet; |
|
Thence with said curve to the left and with said northwest line an |
|
arc length of 1018.75 feet and said curve having a chord bearing of |
|
South 20 Degrees 16 Minutes 14 Seconds West, a distance of 1015.70 |
|
feet to a 1/2" capped iron rod set for corner; |
|
Thence South 12 Degrees 29 Minutes 16 Seconds West with the said |
|
northwest right-of-way line, a distance of 771.10 feet to a 60 D |
|
nail set for the south corner of said Tract No. 1 and in said Fallow |
|
Road and also in the west line of said Hartfield Survey; |
|
Thence North 00 Degrees 57 Minutes 32 Seconds East with the west |
|
line of said Tract No. 1 and with the said west line and also with |
|
said Fallow Road, a distance of 1721.54 feet to a 60 D nail set for |
|
corner; |
|
Thence North 01 Degrees 57 Minutes 45 Seconds East with the west |
|
line of said Tract No. 1 and with the said west line and also with |
|
said Fallow Road, a distance of 866.75 feet to a 60 D nail set for |
|
corner; |
|
Thence North 06 Degrees 54 Minutes 43 Seconds East with the west |
|
line of said Tract No. 1, a distance of 140.40 feet to the POINT OF |
|
BEGINNING and containing in total 26.861 acres of land and in an |
|
occupied road way and a total of 2.173 acres of land. |
|
SECTION 7.03. (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 7.04. This article takes effect September 1, 2007. |
|
ARTICLE 8. FOUR SEASONS RANCH MUNICIPAL |
|
UTILITY DISTRICT NO. 1 OF DENTON COUNTY |
|
SECTION 8.01. Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 8208 to read as follows: |
|
CHAPTER 8208. FOUR SEASONS RANCH MUNICIPAL UTILITY DISTRICT NO. 1 |
|
OF DENTON COUNTY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8208.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Four Seasons Ranch Municipal |
|
Utility District No. 1 of Denton County. |
|
Sec. 8208.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district in Denton County created under and |
|
essential to accomplish the purposes of Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 8208.003. CONFIRMATION ELECTION REQUIRED. If the |
|
creation of the district is not confirmed at a confirmation |
|
election held under Section 8208.024 before September 1, 2011: |
|
(1) the district is dissolved September 1, 2011, |
|
except that the district shall: |
|
(A) pay any debts incurred; |
|
(B) transfer to Denton County any assets that |
|
remain after the payment of debts; and |
|
(C) maintain the organization of the district |
|
until all debts are paid and remaining assets are transferred; and |
|
(2) this chapter expires September 1, 2014. |
|
Sec. 8208.004. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 9.02 of the article creating this chapter. |
|
(b) The boundaries and field notes contained in Section 9.02 |
|
of the article creating 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: |
|
(1) the organization, existence, or validity of the |
|
district; |
|
(2) the right of the district to impose taxes; |
|
(3) the validity of the district's bonds, notes, or |
|
other indebtedness; or |
|
(4) the legality or operation of the board. |
|
[Sections 8208.005-8208.020 reserved for expansion] |
|
SUBCHAPTER A-1. TEMPORARY PROVISIONS |
|
Sec. 8208.021. TEMPORARY DIRECTORS. (a) On or after |
|
September 1, 2007, a person who owns land in the district may submit |
|
a petition to the Texas Commission on Environmental Quality |
|
requesting that the commission appoint as temporary directors the |
|
five persons named in the petition. |
|
(b) The commission shall appoint as temporary directors the |
|
five persons named in the first petition received by the commission |
|
under Subsection (a). |
|
(c) If a temporary director fails to qualify for office, the |
|
commission shall appoint a person to fill the vacancy. |
|
(d) Temporary directors serve until the earlier of: |
|
(1) the date directors are elected under Section |
|
8208.024; or |
|
(2) the date this subchapter expires under Section |
|
8208.026. |
|
Sec. 8208.022. ORGANIZATIONAL MEETING OF TEMPORARY |
|
DIRECTORS. As soon as practicable after all the temporary |
|
directors have qualified under Section 49.055, Water Code, the |
|
temporary directors shall meet at a location in the district |
|
agreeable to a majority of the directors. At the meeting the |
|
temporary directors shall elect officers from among the temporary |
|
directors and conduct any other district business. |
|
Sec. 8208.023. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section 8208.024 |
|
until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located, if any, has |
|
adopted a resolution consenting to the creation of the district. |
|
Sec. 8208.024. CONFIRMATION AND INITIAL DIRECTORS' |
|
ELECTION. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five directors as |
|
provided by Section 49.102, Water Code. |
|
Sec. 8208.025. INITIAL ELECTED DIRECTORS; TERMS. The |
|
directors elected under Section 8208.024 shall draw lots to |
|
determine which two shall serve until the first regularly scheduled |
|
election of directors and which three shall serve until the second |
|
regularly scheduled election of directors. |
|
Sec. 8208.026. EXPIRATION OF SUBCHAPTER. This subchapter |
|
expires September 1, 2014. |
|
[Sections 8208.027-8208.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8208.051. DIRECTORS; TERMS. (a) The district is |
|
governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. |
|
Sec. 8208.052. ELECTION OF DIRECTORS. On the uniform |
|
election date in May of each even-numbered year, the appropriate |
|
number of directors shall be elected. |
|
[Sections 8208.053-8208.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8208.101. 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. 8208.102. ROAD PROJECTS. (a) To the extent authorized |
|
by Section 52, Article III, Texas Constitution, the district may |
|
construct, acquire, improve, maintain, or operate macadamized, |
|
graveled, or paved roads, or improvements in aid of those roads, |
|
inside the district. |
|
(b) A road project must meet or exceed all applicable |
|
construction standards, zoning and subdivision requirements, and |
|
regulatory ordinances of each municipality in whose corporate |
|
limits or extraterritorial jurisdiction the district is located. |
|
(c) The district may not undertake a road project unless |
|
each municipality in whose corporate limits or extraterritorial |
|
jurisdiction the district is located consents by ordinance or |
|
resolution. |
|
(d) The district shall, at its sole cost and expense, |
|
maintain, improve, operate, and repair all roads constructed or |
|
acquired by the district unless the municipality or county in which |
|
a road is located voluntarily assumes the obligation. An |
|
assumption of an obligation under this subsection is not valid or |
|
binding unless the assumption is in writing, executed by the |
|
necessary parties, and filed in the land records of the county in |
|
which the road is located. |
|
Sec. 8208.103. COMPLIANCE WITH MUNICIPAL ORDINANCES OR |
|
RESOLUTIONS. The district shall comply with all applicable |
|
requirements of any ordinance or resolution adopted by the |
|
governing body of each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located. |
|
Sec. 8208.104. ANNEXATION OF LAND IN GRAYSON COUNTY. The |
|
district may not annex land located in Grayson County without the |
|
prior consent of the Commissioners Court of Grayson County. |
|
Sec. 8208.105. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two new districts only if the district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
(b) The division procedure is prescribed by Sections 53.030 |
|
through 53.041, Water Code. |
|
(c) Any new district created by the division of the district |
|
has all the powers and duties of the district. |
|
(d) A new district, at the time it is created by the division |
|
of the district, may not contain land outside the area described by |
|
Section 9.02 of the article creating this chapter. |
|
[Sections 8208.106-8208.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8208.151. TAX TO REPAY BONDS. The district may impose |
|
a tax to pay the principal of and interest on bonds issued under |
|
Section 8208.201. |
|
[Sections 8208.152-8208.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 8208.201. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. (a) The district may issue bonds or other obligations |
|
as provided by Chapters 49 and 54, Water Code, and to finance the |
|
construction, maintenance, or operation of projects under Sections |
|
8208.101 and 8208.102. |
|
(b) The district may not issue bonds to finance projects |
|
authorized by Section 8208.102 unless the issuance is approved by a |
|
vote of a two-thirds majority of district voters voting at an |
|
election called for that purpose. |
|
(c) Bonds or other obligations issued or incurred to finance |
|
projects authorized by Section 8208.102 may not exceed one-fourth |
|
of the assessed value of the real property in the district. |
|
SECTION 8.02. The Four Seasons Ranch Municipal Utility |
|
District No. 1 of Denton County initially includes all the |
|
territory contained in the following area: |
|
All that certain tract or parcel of land situated in the Juana |
|
Curbello Survey, Abstract Number 213, and the A. H. Gee Survey, |
|
Abstract Number 1522, County of Denton, State of Texas, said tract |
|
being all of a Tract, as described in deed to Sadot Venture, LTD , |
|
filed 03 December 2003, and recorded in clerk number 2003-195563, |
|
and being all of a tract as described in deed to McKinney 17 Venture |
|
L.T.D., filed 28 May 2002, and recorded in volume 3257 page 22 of |
|
the Deed Records of the County of Grayson, State of Texas, and |
|
recorded in volume 5094 page 2020 of the Deed Records of the County |
|
of Denton, State of Texas, said tract being all of a Tract, as |
|
described in deed to Sadot Venture, LTD , filed 17 December 2003, |
|
and recorded in clerk number 2003-203006, and being all of a tract |
|
as described in deed to Netzer Environmental Consulting, filed 28 |
|
May 2002, and recorded in volume 5094 page 2014 of the Deed Records |
|
of the County of Denton, State of Texas and being more fully |
|
described as follows: |
|
Beginning for the southwest corner of the tract being described |
|
herein at a found 1\2 inch rebar at the intersection of Garell Road |
|
and Fritcher Road, said rebar being the southwest corner of said |
|
Brock South tract; |
|
Thence: North 00 degrees 32 minutes 08 seconds West, with the west |
|
line of said Brock South tract, and with the center of said Garell |
|
Road, a distance of 2487.12 feet to a found 1\2 inch rebar for an |
|
angle point in the west line of said Brock South tract, same being |
|
an angle point in said road; |
|
Thence: North 00 degrees 01 minutes 19 seconds West, with the west |
|
line of said Brock South tract, and with the center of said road, a |
|
distance of 1439.64 feet to a found 1\2 inch rebar for the northwest |
|
corner of said Brock South tract, same being a turn in said road; |
|
Thence: North 86 degrees 29 minutes 35 seconds East, with the north |
|
line of said Brock South tract, and with the center of said road, a |
|
distance of 256.11 feet to a found 1\2 inch rebar for an ell corner |
|
of this tract, and said rebar being the southwest corner of said |
|
Street tract, same being a turn in said road, said rebar also being |
|
an angle point in the north line of said Brock South tract; |
|
Thence: North 02 degrees 34 seconds 12 seconds East, with the west |
|
line of said Netzer tract, and with the center of said road, a |
|
distance of 2019.60 feet to a point for an ell corner of this tract; |
|
Thence: North 89 degrees 56 minutes 50 seconds East, a distance of |
|
27.25 feet to a found 1\2 inch steel rebar for a corner of this |
|
tract; |
|
Thence: North 02 degrees 25 seconds 53 seconds East, with the west |
|
line of said Venture tract, and with the east side of said road, a |
|
distance of 1028.83 feet to a point for an ell corner of this tract; |
|
Thence: North 89 degrees 53 minutes 08 seconds East, a distance of |
|
521.59 feet to a found 1\2 inch rebar; |
|
Thence: North 00 degrees 00 minutes 32 seconds East, with the west |
|
line of said venture tract, a distance of 4225.1 feet to a found 1\2 |
|
inch steel square tubing for the northwest corner of said Venture |
|
tract; |
|
Thence: North 89 degrees 31 minutes 51 seconds East, with the north |
|
line of said Venture tract, a distance of 866.39 feet to a set 1\2 |
|
inch steel square tubing for an ell corner of this tract; |
|
Thence: South 00 degrees 06 minutes 09 seconds East, a distance of |
|
18.01 feet to a set 1\2 inch steel square tubing for an ell corner of |
|
this tract; |
|
Thence: North 89 degrees 45 minutes 28 seconds East, with the north |
|
line of said Brock North tract, and with the center of said road, a |
|
distance of 1130.35 feet for a corner of this tract; |
|
Thence: South 00 degrees 07 minutes 51 seconds East, with the |
|
approximate location of the county line, a distance of 2818.67 feet |
|
for a corner of this tract; |
|
Thence: North 89 degrees 45 minutes 28 seconds East, with the |
|
approximate location of the county line a distance of 2100.00 feet |
|
for a corner of this tract; |
|
Thence: South 89 degrees 59 minutes 54 seconds East, a distance of |
|
244.55 feet to a found 1\2 inch steel square tubing, said tubing |
|
being in the intersection of Merilee Road and County Road Number 10; |
|
Thence: South 00 degrees 17 minutes 37 seconds East, with the |
|
center of said road, a distance of 1409.82 feet to a found 1\2 inch |
|
rebar; |
|
Thence: South 00 degrees 18 minutes 38 seconds East, with the east |
|
line of said Street tract, and with the center of said road, and |
|
passing at 3031.32 feet the southeast corner of said Street tract, |
|
same being the northeast corner of said Brock South tract, and |
|
continuing on said course a total distance of 3071.37 feet to a |
|
found 1\2 inch rebar for an angle point in said road; |
|
Thence: South 00 degrees 23 minutes 56 seconds East, with the east |
|
line of said Brock South tract, and with the center of said road, a |
|
distance of 1104.84 feet to a found 1\2 inch rebar for the most |
|
easterly southeast corner of said Brock South tract; |
|
Thence: North 89 degrees 30 minutes 05 seconds West, a distance of |
|
27.25 feet to a old wood fence corner post; |
|
Thence: South 00 degrees 19 minutes 28 seconds East, with the east |
|
line of said road, a distance of 1292.99 feet to a pipe fence corner |
|
post for an ell corner of this tract; |
|
Thence: North 89 degrees 31 minutes 21 seconds West, with the south |
|
line of said Venture tract, a distance of 3326.78 feet to a pipe |
|
fence corner post for an ell corner of said Venture South tract; |
|
Thence: South 00 degrees 41 minutes 02 seconds East, a distance of |
|
1534.63 feet to a found nail for the southeast corner of said |
|
Venture tract, said nail being in the center of Fritcher Road; |
|
Thence: North 89 degrees 30 minutes 14 seconds West, with the south |
|
line of said Venture tract, and with the center of said road, a |
|
distance of 527.38 feet to a found 1\2 inch rebar for an ell corner |
|
of said Venture tract; |
|
Thence: South 89 degrees 34 minutes 19 seconds West, with the south |
|
line of said Venture tract, and with the center of said road, a |
|
distance of 1437.85 feet to the POINT OF BEGINNING and containing |
|
979.408 acres of land. |
|
SECTION 8.03. (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 8.04. This article takes effect September 1, 2007. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4069 was passed by the House on May |
|
11, 2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4069 on May 24, 2007, by the following vote: Yeas 143, Nays 1, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4069 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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Governor |