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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Burns Branch Municipal Utility |
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District No. 1 of Denton County; granting a limited power of eminent |
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domain; providing authority to issue bonds; providing authority to |
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impose assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8095 to read as follows: |
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CHAPTER 8095. BURNS BRANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF |
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DENTON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8095.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Burns Branch Municipal |
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Utility District No. 1 of Denton County. |
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Sec. 8095.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8095.0103. CONFIRMATION AND DIRECTOR ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8095.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8095.0103 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. 8095.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8095.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8095.0201. 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 8095.0202, directors |
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serve staggered four-year terms. |
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Sec. 8095.0202. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2019, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8095.0103; or |
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(2) September 1, 2023. |
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(c) If permanent directors have not been elected under |
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Section 8095.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8095.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8095.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8095.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8095.0303. 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. 8095.0304. 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. 8095.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 8095.0306. 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) A new district created by the division of the district |
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may contain land in Denton County only if the commissioners court of |
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Denton County consents to the creation of the new district and the |
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inclusion of the land. |
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(e) Subject to Subsection (d), the board, on its own motion |
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or on receipt of a petition signed by the owner or owners of a |
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majority of the assessed value of the real property in the district, |
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may adopt an order dividing the district. |
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(f) 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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8095.0103 to confirm the district's creation. |
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(g) An order dividing the district shall: |
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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 temporary 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 the new districts. |
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(h) 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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(i) 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 8095.0103. If the voters of a new district do not confirm |
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the creation of the new district, the assets, obligations, |
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territory, and governance of the new district revert to the |
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original district. |
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(j) 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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8095.0104 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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(k) 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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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8095.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8095.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8095.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8095.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8095.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8095.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8095.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8095.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Burns Branch Municipal Utility District |
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No. 1 of Denton County initially includes all the territory |
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contained in the following area: |
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FIELD NOTES WISE COUNTY |
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SITUATED in the State of Texas and County of Wise, being part of the |
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E. I McDaniel Survey, Abstract No. 808, Joseph Luce Survey, |
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Abstract No. 497, William Chadwell Survey, Abstract No. 1321, S. D. |
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Chadwell Survey, Abstract No. 1320, G. I Walton Survey, Abstract |
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No. 1361 and the A. P Lancaster Survey, Abstract No. 1257 and being |
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part of tract as recorded in CC# 2009-102747 of the Deed Records of |
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Denton County, said premises being more particularly described as |
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follows; |
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BEGINNING at a point for corner marking the southeast corner of said |
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premises, said point being on the Denton Wise County line per deed |
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recorded in Volume 264, Page 508; |
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THENCE with the south line of said premises as follows, |
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South 59°48'00" West, 592.47 feet; |
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South 45°55'34" West, 2,584.96 feet; |
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South 84°26'09" West, 729.95 feet; |
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South 89°51'00" West, 773.95 feet; |
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South 82°53'00" West, 525.14 feet; |
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South 73°44'00" West, 233.52 feet; |
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South 40°52'00" West, 79.51 feet; |
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North 50°55'00" West, 233.24 feet to a point for corner |
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marking the southwest corner of said premises and being in the |
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center of Denton Creek; |
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THENCE with said creek as follows, |
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North 22°43'00" East, 173.47 feet; |
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North 35°51'00" East, 543.21 feet; |
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North 04°13'00" West, 19043 feet; |
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North 50°12'00" East, 117.32 feet; |
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North 83°41'00" East, 281.89 feet; |
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North 17°42'00" East, 98.69 feet; |
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North 11°48'00" West, 460.09 feet; |
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North 42°23'00" East, 155.68 feet; |
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South 89°47'00" East, 135.11 feet; |
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South 19°48'00" East, 132.88 feet; |
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North 88°39'00" East, 128.16 feet; |
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North 21°15'00" East, 214.06 feet; |
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North 88°46'00" East, 92.85 feet; |
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South 57°38'00" East, 203.77 feet; |
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North 19°45'00" East, 192.38 feet; |
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North 62°17'00" East, 333.60 feet; |
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North 50°53'00" East, 710.57 feet; |
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North 60°48'00" East, 789.80 feet; |
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North 10°41'00" West, 53.93 feet; |
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THENCE departing said creek and with the west line of said premises, |
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South 43°54'00" East, 1,720.82 feet to a point for corner marking an |
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internal corner of said premises; |
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THENCE with the north line of said premises, South 46°27'00" East, |
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505.40 feet to a point for corner marking an internal corner of said |
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premises; |
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THENCE with the east line of said premises, North 45°00'00" East, |
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135.94 feet to a point for corner in said Denton Creek; |
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THENCE with the south line of said premises and said creek as |
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follows: |
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North 24°24'00" West, 331.93 feet; |
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North 47°17'00" West, 655.25 feet; |
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South 69°27'00" West, 188.21 feet; |
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North 52°23'00" West, 121.21 feet; |
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North 16°37'00" East, 237.97 feet; |
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North 58°06'00" West, 113.70 feet; |
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North 90°00'00" West, 199.05 feet; |
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South 26°23'00" West, 583.80 feet; |
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North 71°42'00" West, 137.05 feet; |
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North 38°17'00" West, 435.90 feet; |
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South 17°03'00" West, 143.45 feet; |
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North 72°49'00" West, 230.18 feet; |
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North 66°25'00" West, 120.10 feet; |
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North 02°24'00" West, 430.07 feet; |
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North 49°09'00" West, 195.71 feet; |
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South 58°07'00" West, 53.10 feet; |
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North 86°47'00" West, 89.24 feet; |
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South 21°48'00" West, 132.99 feet; |
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South 37°08'00" West, 165.69 feet; |
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South 20°40'00" West, 113.42 feet; |
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South 85°00'00" West, 229.63 feet; |
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South 14°54'00" East, 198.77 feet; |
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South 70°59'00" West, 175.97 feet; |
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North 64°46'06" West, 456.73 feet; |
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North 70°03'37" West, 911.94 feet; |
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THENCE departing said creek and with the west line of said premises, |
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North 45°00'00" East, 2,775.00 feet to a point for corner marking an |
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internal corner of said premises; |
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THENCE with the west line of said premises, North 44°36'00" West, |
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2,515.28 feet to a point for corner marking the northwest corner of |
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said premises; |
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THENCE with the west line of said premises, North 45°04'00" East, |
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6,222.22 feet to a point for corner marking the northeast corner of |
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said premises and being on said county line per deed; |
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THENCE with the east line of said premises and said county line, |
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South 00°56'02" West, 11,402.11 feet to the point of beginning and |
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containing 755.414 acres of land. |
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FIELD NOTES DENTON COUNTY |
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SITUATED in the State of Texas and County of Denton, being part of |
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the W. G. McDaniel Survey, Abstract No. 809 and the R. R. Jowell |
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Survey, Abstract No. 660 being part of tract as recorded in CC# |
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2009-102747 of the Deed Records of Denton County, said premises |
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being more particularly described as follows; |
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BEGINNING at a point for corner marking the southeast corner of said |
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premises and said tract; |
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THENCE with the south line of said premises, South 85°55'00" West, |
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6,846.94 feet to a point for corner marking the southwest corner of |
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said premises and being on the Denton Wise county line per deed |
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recorded in Volume 264, Page 508; |
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THENCE with said county line and the west line of said premises, |
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North 00°57'03" East, 11,402.11 feet to a point for corner marking |
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the northwest corner of said premises; |
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THENCE with the north line of said premises, South 89°48'00" East, |
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4,626.11 feet to a point for corner marking the most northerly |
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northeast corner of said premises; |
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THENCE with the east line of said premises, South 00°15'00" West, |
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5,963.06 feet to a point for corner marking an internal corner of |
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said premises; |
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THENCE with the north line of said premises, South 89°50'00" East, |
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3,515.83 feet to a point for corner marking the most easterly |
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northeast corner of said premises; |
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THENCE with the east line of said premises, South 00°00'00" East, |
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2,405.00 feet to a point for corner marking the most easterly |
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southeast corner of said premises; |
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THENCE with the south line of said premises, North 90°00'00" West, |
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1,475.56 feet to a point for corner marking an internal corner of |
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said premises; |
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THENCE with the east line of said premises, South 00°00'00" East, |
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2,518.61 feet to the point of beginning and containing 1,526.734 |
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acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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8095, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8095.0307 to read as follows: |
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Sec. 8095.0307. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect September 1, 2019. |