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AN ACT
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relating to the creation of the University Hills Municipal |
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Management District; providing authority to issue bonds; providing |
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authority to impose assessments or fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3947 to read as follows: |
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CHAPTER 3947. UNIVERSITY HILLS MUNICIPAL MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3947.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Dallas, Texas. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) "County" means Dallas County, Texas. |
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(5) "Director" means a board member. |
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(6) "District" means the University Hills Municipal |
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Management District. |
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Sec. 3947.002. CREATION AND NATURE OF DISTRICT. The |
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University Hills Municipal Management District is a special |
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district created under Sections 52 and 52-a, Article III, and |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3947.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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Sec. 3947.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The district is created to accomplish the purposes of a |
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municipal management district as provided by general law and |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution. |
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(d) The creation of the district is in the public interest |
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and is essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and commerce. |
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(e) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty. |
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(f) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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Sec. 3947.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to contract; |
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(3) authority to borrow money or issue bonds or other |
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obligations described by Section 3947.203 or to pay the principal |
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and interest of the bonds or other obligations; |
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(4) right to impose or collect an assessment or |
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collect other revenue; or |
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(5) legality or operation. |
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Sec. 3947.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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(a) All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; or |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code. |
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(b) If the city creates a tax increment reinvestment zone |
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described by Subsection (a), the city and the board of directors of |
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the zone, by contract with the district, may grant money deposited |
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in the tax increment fund to the district to be used by the district |
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for: |
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(1) the purposes permitted for money granted to a |
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corporation under Section 380.002(b), Local Government Code; and |
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(2) any other district purpose, including the right to |
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pledge the money as security for any bonds or other obligations |
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issued by the district under Section 3947.203. |
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(c) If the city creates a tax increment reinvestment zone |
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described by Subsection (a), the city may determine the percentage |
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of the property in the zone that may be used for residential |
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purposes and is not subject to the limitations provided by Section |
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311.006, Tax Code. |
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Sec. 3947.007. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. On receipt of a petition signed by the owners of a |
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majority of the acreage and the assessed value of real property in |
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the district according to the most recent certified tax appraisal |
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roll for the county, the initial directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 3947.008. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICT LAW. Except as provided by this chapter, Chapter 375, |
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Local Government Code, applies to the district. |
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Sec. 3947.009. CONSTRUCTION OF CHAPTER. This chapter shall |
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be construed in conformity with the findings and purposes stated in |
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this chapter. |
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Sec. 3947.010. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 3947.007 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 3947.011. CONCURRENCE ON ADDITIONAL POWERS. If the |
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legislature grants the district a power that is in addition to the |
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powers approved by the initial resolution of the governing body of |
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the city consenting to the creation of the district, the district |
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may not exercise that power unless the governing body of the city |
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consents to that change by ordinance or resolution. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3947.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 3947.054, directors serve |
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staggered four-year terms, with two or three directors' terms |
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expiring June 1 of each odd-numbered year. |
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Sec. 3947.052. BOARD MEETINGS. The board shall hold |
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meetings at a place accessible to the public. |
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Sec. 3947.053. REMOVAL OF DIRECTORS. (a) The board may |
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remove a director by unanimous vote of the other directors if the |
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director has missed at least half of the meetings scheduled during |
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the preceding 12 months. |
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(b) A director removed under this section may file a written |
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appeal with the commission not later than the 30th day after the |
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date the director receives written notice of the board action. The |
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commission may reinstate the director if the commission finds that |
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the removal was unwarranted under the circumstances after |
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considering the reasons for the absences, the time and place of the |
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meetings, the business conducted at the meetings missed, and any |
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other relevant circumstances. |
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Sec. 3947.054. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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Pos. No. Name of Director |
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1 Kenneth Medlock |
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2 Michael Williams |
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3 Susan Larson |
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4 Alan Michlin |
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5 Michael Warner |
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(b) Initial directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 3947.007; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 3947.007 and the terms of the initial directors have |
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expired, successor initial directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 3947.007; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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according to the most recent certified tax appraisal rolls for the |
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county may submit a petition to the commission requesting that the |
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commission appoint as successor initial directors the five persons |
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named in the petition. The commission shall appoint as successor |
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initial directors the five persons named in the petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3947.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3947.102. IMPROVEMENT PROJECTS. The district may |
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provide, or it may enter into contracts with a governmental or |
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private entity to provide, the improvement projects described by |
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Subchapter D or activities in support of or incidental to those |
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projects. |
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Sec. 3947.103. WATER DISTRICT POWERS. The district has the |
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powers provided by the general laws relating to conservation and |
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reclamation districts created under Section 59, Article XVI, Texas |
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Constitution, including Chapters 49 and 54, Water Code. |
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Sec. 3947.104. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 3947.105. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 3947.106. NO TOLL ROADS. The district may not |
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construct, acquire, maintain, or operate a toll road. |
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Sec. 3947.107. PUBLIC IMPROVEMENT DISTRICT POWERS. The |
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district has the powers provided by Chapter 372, Local Government |
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Code, to a municipality or county. |
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Sec. 3947.108. CONTRACT POWERS. The district may contract |
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with a governmental or private entity, on terms determined by the |
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board, to carry out a power or duty authorized by this chapter or to |
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accomplish a purpose for which the district is created. |
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Sec. 3947.109. AD VALOREM TAXATION. The district may not |
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impose an ad valorem tax. |
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Sec. 3947.110. LIMITATIONS ON EMERGENCY SERVICES POWERS. |
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The district may not establish, operate, maintain, or finance a |
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police or fire department without the consent of the city by |
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ordinance or resolution. |
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Sec. 3947.111. ADDING OR REMOVING TERRITORY. As provided |
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by Subchapter J, Chapter 49, Water Code, the board may add territory |
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inside the corporate boundaries or the extraterritorial |
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jurisdiction of the city to the district or remove territory inside |
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the corporate boundaries or the extraterritorial jurisdiction of |
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the city from the district, except that: |
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(1) the addition or removal of the territory must be |
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approved by the city; |
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(2) the addition or removal may not occur without |
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petition by the owners of the territory being added or removed; and |
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(3) territory may not be removed from the district if |
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bonds or other obligations of the district payable wholly or partly |
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from assessments assessed on the territory are outstanding. |
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Sec. 3947.112. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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3947.007 to confirm the creation of the district. |
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(f) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint initial directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 3947.007. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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3947.010 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(k) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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Sec. 3947.113. ENFORCEMENT OF REAL PROPERTY RESTRICTIONS. |
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The district may enforce a real property restriction in the manner |
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provided by Section 54.237, Water Code, if, in the reasonable |
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judgment of the board, the enforcement of the restriction is |
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necessary. |
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Sec. 3947.114. PROPERTY OF CERTAIN UTILITIES EXEMPT FROM |
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ASSESSMENTS AND FEES. The district may not impose an assessment, |
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impact fee, or standby fee on the property, including the |
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equipment, rights-of-way, easements, facilities, or improvements, |
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of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility, as defined by Section 101.003 or |
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121.001, Utilities Code, or a person who owns pipelines used for the |
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transportation or sale of oil or gas or a product or constituent of |
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oil or gas; |
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(3) a person who owns pipelines used for the |
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transportation or sale of carbon dioxide; |
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(4) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(5) a cable service provider or video service provider |
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as defined by Section 66.002, Utilities Code. |
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Sec. 3947.115. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. IMPROVEMENT PROJECTS AND SERVICES |
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Sec. 3947.151. IMPROVEMENT PROJECTS AND SERVICES. The |
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district may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service, including water, wastewater, drainage, and roadway |
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projects or services, using any money available to the district, or |
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contract with a governmental or private entity and reimburse that |
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entity for the provision, design, construction, acquisition, |
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improvement, relocation, operation, maintenance, or financing of |
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an improvement project, service, or cost, for the provision of |
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credit enhancement, or for any cost of operating or maintaining the |
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district or the issuance of district obligations authorized under |
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this chapter, Chapter 372 or 375, Local Government Code, or Chapter |
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49 or 54, Water Code. |
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Sec. 3947.152. BOARD DETERMINATION REQUIRED. The district |
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may not undertake an improvement project unless the board |
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determines the project is necessary to accomplish a public purpose |
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of the district. |
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Sec. 3947.153. LOCATION OF IMPROVEMENT PROJECT. An |
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improvement project may be located or provide service inside or |
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outside the district. |
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Sec. 3947.154. CITY REQUIREMENTS. An improvement project |
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in the district must comply with any applicable requirements of the |
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city, including codes and ordinances, unless specifically waived or |
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superseded by agreement with the city. |
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Sec. 3947.155. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE |
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AREA; BENEFIT BASIS. The district may undertake an improvement |
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project or service that confers a special benefit on a definable |
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area in the district and levy and collect a special assessment on |
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benefited property in the district in accordance with: |
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(1) Chapter 372, Local Government Code; or |
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(2) Chapter 375, Local Government Code. |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3947.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of the district's money. |
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Sec. 3947.202. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may undertake and provide an improvement project or |
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service authorized by this chapter using any money available to the |
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district. |
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Sec. 3947.203. BORROWING MONEY; OBLIGATIONS. (a) The |
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district may borrow money for a district purpose, including the |
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acquisition or construction of improvement projects authorized by |
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this chapter and the reimbursement of a person who develops or owns |
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an improvement project authorized by this chapter, by issuing |
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bonds, notes, time warrants, or other obligations, or by entering |
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into a contract or other agreement payable wholly or partly from an |
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assessment, a contract payment, a grant, revenue from a zone |
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created under Chapter 311 or 312, Tax Code, other district revenue, |
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or a combination of these sources. |
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(b) An obligation described by Subsection (a): |
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(1) may bear interest at a rate determined by the |
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board; and |
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(2) may include a term or condition as determined by |
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the board. |
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(c) The board may issue an obligation under this section |
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without an election. |
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(d) The district may issue, by public or private sale, |
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bonds, notes, or other obligations payable wholly or partly from |
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assessments in the manner provided by Subchapter J, Chapter 375, |
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Local Government Code. |
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(e) If the improvements financed by an obligation will be |
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conveyed to or operated and maintained by a municipality or retail |
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utility provider pursuant to an agreement between the district and |
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the municipality or retail utility provider entered into before the |
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issuance of the obligation, the obligation may be issued in the |
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manner provided by Subchapter A, Chapter 372, Local Government |
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Code. |
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Sec. 3947.204. ASSESSMENTS. (a) Except as provided by |
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Subsections (b) and (c), the district may impose an assessment on |
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property in the district to pay for an obligation described by |
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Section 3947.203 or an improvement project authorized by Section |
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3947.151 in the manner provided for: |
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(1) a district under Subchapters A, E, and F, Chapter |
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375, Local Government Code; or |
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(2) a municipality or county under Subchapter A, |
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Chapter 372, Local Government Code. |
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(b) The district may not impose an assessment on a |
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municipality, county, or other political subdivision. |
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(c) The board may not finance an improvement project or |
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service with assessments unless a written petition requesting that |
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improvement project or service has been filed with the board. The |
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petition must be signed by the owners of a majority of the assessed |
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value of real property in the district subject to assessment |
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according to the most recent certified tax appraisal roll for the |
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county. |
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Sec. 3947.205. RESIDENTIAL PROPERTY NOT EXEMPT. Sections |
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375.161 and 375.164, Local Government Code, do not apply to the |
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district. |
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Sec. 3947.206. COLLECTION OF ASSESSMENTS. The district may |
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contract as provided by Chapter 791, Government Code, with the |
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commissioners court of the county for the assessment and collection |
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of assessments imposed under this subchapter. |
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Sec. 3947.207. RATES, FEES, AND CHARGES. The district may |
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establish, revise, repeal, enforce, and collect rates, fees, and |
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charges for the enjoyment, sale, rental, or other use of: |
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(1) an improvement project; |
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(2) a product resulting from an improvement project; |
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or |
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(3) another district facility, service, or property. |
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SUBCHAPTER F. DISSOLUTION |
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Sec. 3947.251. DISSOLUTION BY BOARD. The board may |
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dissolve the district in the manner provided by Section 375.261, |
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Local Government Code, subject to Section 375.264, Local Government |
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Code. |
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Sec. 3947.252. DISSOLUTION BY CITY. (a) The city may |
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dissolve the district by ordinance. |
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(b) The city may not dissolve the district until: |
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(1) the district's outstanding debt or contractual |
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obligations have been repaid or discharged; or |
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(2) the city agrees to succeed to the rights and |
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obligations of the district, including an obligation described by |
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Section 3947.254. |
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Sec. 3947.253. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. |
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(a) If the dissolved district has bonds or other obligations |
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outstanding secured by and payable from assessments or other |
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revenue, the city succeeds to the rights and obligations of the |
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district regarding enforcement and collection of the assessments or |
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other revenue. |
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(b) The city shall have and exercise all district powers to |
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enforce and collect the assessments or other revenue to pay: |
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(1) the bonds or other obligations when due and |
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payable according to their terms; or |
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(2) revenue or assessment bonds or other obligations |
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issued by the city to refund the outstanding bonds or obligations of |
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the district. |
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Sec. 3947.254. ASSUMPTION OF ASSETS AND LIABILITIES. |
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(a) After the city dissolves the district, the city assumes the |
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obligations of the district, including any contractual obligations |
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or bonds or other debt payable from assessments or other district |
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revenue. |
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(b) If the city dissolves the district, the board shall |
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transfer ownership of all district property to the city. |
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SECTION 2. The University Hills Municipal Management |
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District initially includes all the territory contained in the |
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following area: |
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BEING a 281.112-acres tract or parcel of land out of Abstract |
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Number 1277, Abstract Number 0014 and Abstract Number 0380 situated |
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in the City of Dallas, Dallas County, Texas; and being part of that |
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tract of land conveyed to Patriot Real Estate Holdings RS10 by Deed |
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recorded in Instrument Number 201200385008, Deed Records, Dallas |
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County Texas, and being part of that tract of land conveyed to CADG |
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Property Holdings I, LLC by deed recorded in Instrument Number |
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201600055916, Deed Records, Dallas County, Texas, and being part of |
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that tract of land conveyed to CADG Property Holdings I, LLC by deed |
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recorded in Instrument Number 201500029116, Deed Records, Dallas |
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County, and being part of that tract of land conveyed to CADG |
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Property Holdings SPV, LLC by deed recorded in Instrument Number |
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201400314231, Deed Recorded, Dallas County, Texas, and being part |
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of that tract of land conveyed to St. Marks Believers Temple by deed |
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recorded in Volume 81014, Page 976, Deed Records, Dallas County, |
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Texas; and being more particularly described as follows: |
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COMMENCING at the northeast corner of a tract of land |
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conveyed to Patriot Real Estate Holdings RS10 by deed recorded in |
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Instrument Number 201200385008, Deed Records, Dallas County, |
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Texas, said point being in the west right-of-way line of Lancaster |
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Road (variable width right-of-way); |
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THENCE South 07 degrees 07 minutes 07 seconds East along the |
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easterly line of said Patriot Real Estate Holdings RS10 tract and |
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along the westerly right-of-way line of said Lancaster Road a |
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distance of 433.04 feet to the POINT OF BEGINNING; |
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THENCE South 07 degrees 25 minutes 01 seconds East, |
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continuing along the easterly line of said Instrument Number |
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201600198606 tract and the westerly right-of-way line of said |
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Lancaster Road, a total distance of 734.79 feet to a point for |
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corner; |
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THENCE South 07 degrees 25 minutes 18 seconds East, following |
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the easterly line of said Instrument Number 201600055154 and the |
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westerly right-of-way line of Lancaster Road, a total distance of |
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583.17 feet to a point for corner; |
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THENCE South 06 degrees 24 minutes 46 seconds East, |
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continuing along said westerly right-of-way line, a total distance |
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of 105.30 feet to a point for corner; |
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THENCE South 07 degrees 54 minutes 14 seconds East, |
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continuing along said westerly right-of-way line, a total distance |
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of 193.87 feet to a point for corner; |
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THENCE South 07 degrees 27 minutes 10 seconds East, |
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continuing along said westerly right-of-way line and following the |
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easterly line of said Instrument Number 201600055916a total |
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distance of 401.82 feet to a point for corner, said point being the |
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northeast corner of a tract of land conveyed to Yvonne Simmons by |
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deed recorded in Volume 2005121, Page 3183, Deed Records, Dallas |
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County, Texas; |
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THENCE South 82 degrees 29 minutes 50 seconds West, |
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continuing along the easterly line of said Instrument Number |
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201600055916 tract and the northerly line of said Simmons tract, a |
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total distance of 150.00 feet to a point for corner; said point |
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being the northwesterly corner of said Simmons tract; |
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THENCE South 07 degrees 27 minutes 10 seconds East, |
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continuing along the easterly line of said Instrument Number |
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201600055916 tract and the westerly line of said Simmons tract, a |
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total distance of 68.00 feet to a point for corner, said point being |
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the southwest corner of said Simmons tract; |
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THENCE North 82 degrees 29 minutes 50 seconds East, |
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continuing along the easterly line of said Instrument Number |
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201600055916 tract and the southerly line of said Simmons tract, a |
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total distance of 150.00 feet to a point for corner, said point |
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being the southeast corner of said Simmons tract; |
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THENCE South 07 degrees 27 minutes 10 seconds East, following |
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said westerly right-of-way line of Lancaster Road, a total distance |
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of 251.73 feet to a point for corner, said point being the beginning |
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of a tangent curve to the left; |
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THENCE in a southeasterly direction along a curve to the |
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left, having a central angle of 00 degrees 23 minutes 50 seconds, a |
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radius of 8654.40 feet, and a chord bearing and distance of South 07 |
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degrees 39 minutes 05 seconds East, 60.00 feet, a total arc length |
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of 60.00 feet to a point for corner, said point being in an easterly |
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corner of a tract of land conveyed to King E. Rhodes, by deed |
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recorded in Volume 2002187, Page 0125, Deed Records, Dallas County, |
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Texas; |
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THENCE South 77 degrees 25 minutes 31 seconds West, along the |
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southerly line of said Instrument Number 201600055916 tract and the |
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easterly line of said Rhodes tract, a total distance of 323.66 feet |
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to a point for corner, said point being the southwest corner of said |
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Instrument Number 201600055916 tract, said point also being a |
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easterly corner of said Rhodes tract; |
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THENCE North 07 degrees 22 minutes 14 seconds West, along the |
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westerly line of said Instrument Number 201600055916 tract and the |
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easterly line of said Rhodes tract, a total distance of 890.11 feet, |
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to a point for corner, said point being the northwest corner of said |
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Instrument Number 20160055916 tract and the northeast corner of |
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said Rhodes tract, said point also being in a call centerline of |
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Wheatland Road; |
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THENCE South 58 degrees 38 minutes 34 seconds West, following |
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the centerline of said Wheatland Road, a total distance of 287.40 |
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feet to a point for corner; |
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THENCE South 58 degrees 50 minutes 23 seconds West, |
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continuing along the centerline of said Wheatland Road, a total |
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distance of 834.11 feet to a point for corner, said point being the |
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northwest corner of said Rhodes tract; |
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THENCE South 37 degrees 05 minutes 08 seconds East, following |
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the westerly line of said Rhodes tract and the easterly line of said |
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Instrument Number 201400314231, a total distance of 1206.46 feet to |
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a point for corner, said point being the southwest corner of said |
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Rhodes tract; |
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THENCE North 52 degrees 54 minutes 29 seconds East, following |
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the southerly line of said Rhodes tract, a total distance of 492.84 |
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feet to a point for corner; |
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THENCE North 07 degrees 22 minutes 14 seconds West, following |
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the southeasterly line of said Rhodes tract, a total distance of |
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235.91 feet to a point for corner; |
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THENCE North 77 degrees 25 minutes 15 seconds East, |
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continuing along said southeasterly line of said Rhodes tract, a |
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total distance of 323.99 feet to a point for corner, said point |
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being in said westerly right-of-way line of Lancaster Road, said |
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point also being the beginning of a non-tangent curve to the left; |
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THENCE in a southeasterly direction along said curve to the |
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left and following said westerly right-of-way line, having a |
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central angle of 05 degrees 25 minutes 56 seconds, a radius of |
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8654.40 feet, and a chord bearing and distance of South 11 degrees |
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25 minutes 46 seconds East, 820.22 feet, a total arc length of |
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820.53 feet, to a point for corner, said point being in the |
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southerly line of said Instrument Number 201600055916 tract, said |
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point also being the most northeasterly corner of a tract of land |
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conveyed to DFW Oil Inc. as recorded in Instrument #2008038074, |
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Deed Records, Dallas County, Texas; |
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THENCE South 75 degrees 57 minutes 36 seconds West, along the |
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southerly line of said Instrument Number 201600055916 tract and the |
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northerly line of said DFW Oil Inc. tract, a total distance of |
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225.00 feet to a point for corner; |
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THENCE South 15 degrees 36 minutes 40 seconds East, |
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continuing along the southerly line of Instrument Number |
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201600055916 tract and the northerly line of said DFW Oil Inc. |
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tract, a total distance of 385.17 feet, to a point for corner, said |
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point being the northeast corner of a tract of land conveyed to All |
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Saints Inc., as recorded Instrument Number 200900059010, Deed |
|
Records, Dallas County, Texas, said point being in the southerly |
|
line of said Instrument Number 201600055916 tract; |
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THENCE South 69 degrees 59 minutes 35 seconds West, along the |
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southerly line of said Instrument Number 201600055916 tract and the |
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northerly line of said All Saints Inc. tract, a total distance of |
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295.42 feet, a point for corner, said point being in the southerly |
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line of said Instrument #201600055916 tract and the northwesterly |
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corner of said All Saints Inc. tract; |
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THENCE South 20 degrees 24 minutes 03 seconds East, along the |
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southerly line of said Instrument Number 201600055916 tract and the |
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westerly line of said All Saints Inc. tract a total distance of |
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231.52 feet to a point for corner, said point being the southwest |
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corner of said All Saints Inc. tract and the southerly line of said |
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Instrument Number 201600055916 tract and the northerly line of said |
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DFW Oil Inc. tract; |
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THENCE South 69 degrees 51 minutes 21 seconds West, along the |
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southerly line of said Instrument Number 201600055916 tract and the |
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northerly line of said DFW Oil Inc. tract a total distance of 221.74 |
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feet to a point for corner, said point being the southerly line of |
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said Instrument Number 201600055916 tract and the northwest corner |
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of said DFW Oil Inc. tract; |
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THENCE South 20 degrees 08 minutes 39 seconds East, along the |
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southerly line of said Instrument Number 201600055916 tract and the |
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west line of said DFW Oil Inc. tract, a total distance of 250.00 |
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feet to a point for corner, said point being the most southerly |
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corner of said Instrument Number 201600055916 tract and being the |
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southwest corner of said DFW Oil Inc. tract, said point also being |
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in the northerly line of Interstate Highway 20 (LBJ Freeway a |
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variable width right-of-way); |
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THENCE South 69 degrees 51 minutes 21 seconds West, along the |
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southerly line of said Instrument Number 201600055916 tract and the |
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northerly right-of-way line of said Interstate Highway 20, a total |
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distance of 315.04 feet; |
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THENCE South 71 degrees 39 minutes 35 seconds West, |
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continuing along the southerly line of said Instrument Number |
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201600055916 tract with the northerly line of said Interstate |
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Highway 20, a total distance of 1338.56 feet; |
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THENCE South 55 degrees 12 minutes 20 seconds West, |
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continuing along the southerly line of said Instrument Number |
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201600055916 tract with the northerly line of said Interstate |
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Highway 20, a total distance of 39.62 feet said point being the |
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southwest corner of said Instrument #201600055916 tract and the |
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southeast corner of a tract of land conveyed to Susan Wright Key, by |
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deed recorded in Volume 88021, Page 1852, Deed Records, Dallas |
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County, Texas; |
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THENCE North 30 degrees 14 minutes 08 seconds West, along the |
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westerly line of said Instrument Number 201600055916 tract and |
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along the easterly line of said Susan Wright Key tract and the |
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easterly line of a tract of land conveyed to Wycliff Bible |
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Translators, Inc. as recorded in Volume 74198, Page 104, Deed |
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Records, Dallas County, Texas and the easterly line of a tract of |
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land conveyed to George P. Shropulos Family Limited Partnership as |
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recorded in Volume 94043, Page 2846, Deed Records, Dallas County, |
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Texas, a total distance of 2132.27 feet to a point for corner, said |
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point being in the south right-of-way line of Wheatland Road (a |
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variable width right-of-way), said point being the northwest corner |
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of said Instrument Number 201600055916 tract; |
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THENCE with the westerly line of said Instrument |
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#201500029116 tract and the easterly line of said RKCJ LLC tract the |
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following courses and distances: |
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South 58 degrees 50 minutes 23 seconds West, a total |
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distance of 22.99 feet to a point for corner; |
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North 30 degrees 26 minutes 17 seconds West, a total |
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distance of 472.69 feet to a point for corner; |
|
North 62 degrees 56 minutes 00 seconds East, a total |
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distance of 17.96 feet to a point for corner; |
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North 31 degrees 11 minutes 24 seconds West, a total |
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distance of 1205.27 feet to a point for corner, said point being |
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approximately the center line of a creek; |
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THENCE along said approximately centerline of creek the |
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following courses and distances; |
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North 18 degrees 56 minutes 06 seconds East, a total |
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distance of 154.49 feet to a point for corner; |
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North 53 degrees 46 minutes 06 seconds East, a total |
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distance of 203.00 feet to a point for corner; |
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South 68 degrees 22 minutes 54 seconds East, a total |
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distance of 133.72 feet to a point for corner; |
|
North 86 degrees 02 minutes 06 seconds East, a total |
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distance of 111.50 feet to a point for corner; |
|
North 10 degrees 48 minutes 06 seconds East, a total |
|
distance of 107.15 feet to a point for corner; |
|
North 35 degrees 39 minutes 06 seconds East, a total |
|
distance of 141.00 feet to a point for corner; |
|
North 78 degrees 20 minutes 06 seconds East, a total |
|
distance of 97.05 feet to a point for corner; |
|
North 28 degrees 27 minutes 54 seconds West, a total |
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distance of 140.57 feet to a point for corner; |
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North 47 degrees 08 minutes 06 seconds East, a total |
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distance of 150.88 feet to a point for corner; |
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North 31 degrees 12 minutes 06 seconds East, a total |
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distance of 130.56 feet to a point for corner; |
|
North 63 degrees 34 minutes 36 seconds East, a total |
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distance of 134.95 feet to a point for corner; |
|
North 87 degrees 41 minutes 36 seconds East, a total |
|
distance of 129.10 feet to a point for corner; |
|
North 03 degrees 13 minutes 36 seconds East, a total |
|
distance of 132.20 feet to a point for corner; |
|
North 34 degrees 51 minutes 36 seconds East, a total |
|
distance of 164.10 feet to a point for corner; |
|
North 11 degrees 51 minutes 36 seconds East, a total |
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distance of 124.70 feet to a point for corner; |
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THENCE North 23 degrees 47 minutes 24 seconds West, a total |
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distance of 139.58 feet to a point for corner, said point being in |
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the northerly line of said Instrument Number 201500029116 tract and |
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the southerly line of a tract of land conveyed to the City of Dallas |
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as recorded in Volume 95095, Page 5779, Deed Records, Dallas |
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County, Texas; |
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THENCE North 54 degrees 24 minutes 43 seconds East, along the |
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northerly line of said Instrument Number 201500029116 tract and |
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along the southerly line of said City of Dallas tract a total |
|
distance of 537.89 feet to a point for corner; |
|
THENCE North 32 degrees 43 minutes 59 seconds West, |
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continuing along said common linea total distance of 1.62 feet; |
|
THENCE North 58 degrees 51 minutes 51 seconds East, |
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continuing along said common line and passing along the southerly |
|
line of a tract of land conveyed to 154 Lancaster Ltd., as recorded |
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in Volume 98055, Page 0435, Deed Records, Dallas County, Texas, a |
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total distance of 471.29 feet to a point for corner, said point |
|
being the northeasterly corner of said Instrument #201500029116 |
|
tract; |
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THENCE South 31 degrees 05 minutes 57 seconds East, departing |
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the southerly line of said 154 Lancaster Ltd. tract along the |
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easterly line of said Instrument Number 201500029116 tract passing |
|
along the westerly line of a tract of land conveyed to Camplanc |
|
Investments as recorded in Instrument Number 201100097436, Deed |
|
Records, Dallas County, Texas and passing along the westerly line |
|
of said Proton Properties LLC tract, a total distance of 634.03 feet |
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to a point for corner, said point being the southwesterly corner of |
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said Proton Properties LLC tract, and being a northerly corner of |
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said Instrument Number 201500029116 tract; |
|
THENCE along the northerly line of said Instrument Number |
|
201500029116 tract and the southerly line of said Proton Properties |
|
LLC tract the following courses and distances: |
|
North 58 degrees 57 minutes 36 seconds East, a total |
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distance of 894.69 feet to a point for corner; |
|
South 07 degrees 25 minutes 01 seconds East, a total |
|
distance of 277.11 feet to a point for corner; |
|
North 82 degrees 34 minutes 59 seconds East, a total |
|
distance of 439.00 feet to the POINT OF BEGINNING and containing a |
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total area of 12,245,246.54 square feet, or 281.112 acres of land, |
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more or less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) The general law relating to consent by political |
|
subdivisions to the creation of districts with conservation, |
|
reclamation, and road powers and the inclusion of land in those |
|
districts has been complied with. |
|
(e) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act have been |
|
fulfilled and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2017. |
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|
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______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 2244 passed the Senate on |
|
May 8, 2017, by the following vote: Yeas 29, Nays 1, one present |
|
not voting; May 25, 2017, Senate refused to concur in House |
|
amendments and requested appointment of Conference Committee; |
|
May 26, 2017, House granted request of the Senate; May 28, 2017, |
|
Senate adopted Conference Committee Report by the following |
|
vote: Yeas 31, Nays 0. |
|
|
|
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______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 2244 passed the House, with |
|
amendments, on May 24, 2017, by the following vote: Yeas 141, |
|
Nays 5, two present not voting; May 26, 2017, House granted request |
|
of the Senate for appointment of Conference Committee; |
|
May 28, 2017, House adopted Conference Committee Report by the |
|
following vote: Yeas 138, Nays 5, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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|
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |