Bill Text: TX HB534 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the powers and duties of the Gunter Municipal Utility Districts Nos. 1 and 2 and to the creation of the Mustang Ranch Municipal Management District No. 1 and the Case Creek Municipal Utility District No. 1 of Grayson County; providing authority to impose a tax, levy an assessment, and issue bonds; granting a limited power of eminent domain.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB534 Detail]
Download: Texas-2011-HB534-Enrolled.html
H.B. No. 534 |
|
||
relating to the powers and duties of the Gunter Municipal Utility | ||
Districts Nos. 1 and 2 and to the creation of the Mustang Ranch | ||
Municipal Management District No. 1 and the Case Creek Municipal | ||
Utility District No. 1 of Grayson County; providing authority to | ||
impose a tax, levy an assessment, and issue bonds; granting a | ||
limited power of eminent domain. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. GUNTER MUNICIPAL UTILITY DISTRICTS NOS. 1 AND 2 | ||
SECTION 1.01. Subchapter C, Chapter 8238, Special District | ||
Local Laws Code, is amended by adding Section 8238.104 to read as | ||
follows: | ||
Sec. 8238.104. NO ALLOCATION AGREEMENT. Section 54.016(f), | ||
Water Code, does not apply to the district. | ||
SECTION 1.02. Chapter 8238, Special District Local Laws | ||
Code, is amended by adding Subchapter C-1 to read as follows: | ||
SUBCHAPTER C-1. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS | ||
Sec. 8238.131. DIVISION OF DISTRICT; PREREQUISITES. The | ||
district may be divided into two or more new districts only if the | ||
district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
Sec. 8238.132. LAW APPLICABLE TO NEW DISTRICT. This | ||
chapter applies to any new district created by division of the | ||
district, and a new district has all the powers and duties of the | ||
district. | ||
Sec. 8238.133. LIMITATION ON AREA OF NEW DISTRICT. A new | ||
district created by the division of the district may not, at the | ||
time the new district is created, contain any land outside the area | ||
described by Section 2, Chapter 966, Acts of the 80th Legislature, | ||
Regular Session, 2007. | ||
Sec. 8238.134. DIVISION PROCEDURES. (a) The board, on its | ||
own motion or on receipt of a petition signed by the owner or owners | ||
of a majority of the assessed value of the real property in the | ||
district, may adopt an order dividing the district. | ||
(b) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
8238.003 to confirm the district's creation. | ||
(c) An order dividing the district must: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the new districts. | ||
(d) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the Texas Commission on Environmental Quality and record the | ||
order in the real property records of each county in which the | ||
district is located. | ||
Sec. 8238.135. CONFIRMATION ELECTION FOR NEW DISTRICT. (a) | ||
A new district created by the division of the district shall hold a | ||
confirmation and directors' election as required by Section | ||
8238.003. | ||
(b) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
Texas Commission on Environmental Quality. | ||
Sec. 8238.136. MUNICIPAL CONSENT. Municipal consent to the | ||
creation of the district and to the inclusion of land in the | ||
district granted under Section 8238.054 acts as municipal consent | ||
to the creation of any new district created by the division of the | ||
district and to the inclusion of land in the new district. | ||
Sec. 8238.137. TAX OR BOND ELECTION. Before a new district | ||
created by the division of the district may impose a maintenance tax | ||
or issue bonds payable wholly or partly from ad valorem taxes, the | ||
new district must hold an election as required by this chapter to | ||
obtain voter approval. | ||
SECTION 1.03. Subchapter C, Chapter 8239, Special District | ||
Local Laws Code, is amended by adding Section 8239.104 to read as | ||
follows: | ||
Sec. 8239.104. NO ALLOCATION AGREEMENT. Section 54.016(f), | ||
Water Code, does not apply to the district. | ||
SECTION 1.04. Chapter 8239, Special District Local Laws | ||
Code, is amended by adding Subchapter C-1 to read as follows: | ||
SUBCHAPTER C-1. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS | ||
Sec. 8239.131. DIVISION OF DISTRICT; PREREQUISITES. The | ||
district may be divided into two or more new districts only if the | ||
district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
Sec. 8239.132. LAW APPLICABLE TO NEW DISTRICT. This | ||
chapter applies to any new district created by division of the | ||
district, and a new district has all the powers and duties of the | ||
district. | ||
Sec. 8239.133. LIMITATION ON AREA OF NEW DISTRICT. A new | ||
district created by the division of the district may not, at the | ||
time the new district is created, contain any land outside the area | ||
described by Section 2, Chapter 1138, Acts of the 80th Legislature, | ||
Regular Session, 2007. | ||
Sec. 8239.134. DIVISION PROCEDURES. (a) The board, on its | ||
own motion or on receipt of a petition signed by the owner or owners | ||
of a majority of the assessed value of the real property in the | ||
district, may adopt an order dividing the district. | ||
(b) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
8239.003 to confirm the district's creation. | ||
(c) An order dividing the district must: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the new districts. | ||
(d) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the Texas Commission on Environmental Quality and record the | ||
order in the real property records of each county in which the | ||
district is located. | ||
Sec. 8239.135. CONFIRMATION ELECTION FOR NEW DISTRICT. (a) | ||
A new district created by the division of the district shall hold a | ||
confirmation and directors' election as required by Section | ||
8239.003. | ||
(b) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
Texas Commission on Environmental Quality. | ||
Sec. 8239.136. MUNICIPAL CONSENT. Municipal consent to the | ||
creation of the district and to the inclusion of land in the | ||
district granted under Section 8239.054 acts as municipal consent | ||
to the creation of any new district created by the division of the | ||
district and to the inclusion of land in the new district. | ||
Sec. 8239.137. TAX OR BOND ELECTION. Before a new district | ||
created by the division of the district may impose a maintenance tax | ||
or issue bonds payable wholly or partly from ad valorem taxes, the | ||
new district must hold an election as required by this chapter to | ||
obtain voter approval. | ||
SECTION 1.05. (a) The legal notice of the intention to | ||
introduce this article, setting forth the general substance of this | ||
article, has been published as provided by law, and the notice and a | ||
copy of this article have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and article to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this article with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this article are | ||
fulfilled and accomplished. | ||
SECTION 1.06. This article takes effect September 1, 2011. | ||
ARTICLE 2. MUSTANG RANCH MUNICIPAL MANAGEMENT DISTRICT NO. 1 | ||
SECTION 2.01. Subtitle C, Title 4, Special District Local | ||
Laws Code, is amended by adding Chapter 3885 to read as follows: | ||
CHAPTER 3885. MUSTANG RANCH MUNICIPAL MANAGEMENT DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3885.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Celina, Texas. | ||
(3) "County" means Collin County, Texas. | ||
(4) "Development agreement" means the development | ||
agreement between the city and Celina 682 Partners, L.P., initially | ||
effective June 11, 2007. | ||
(5) "Director" means a board member. | ||
(6) "District" means the Mustang Ranch Municipal | ||
Management District No. 1. | ||
Sec. 3885.002. CREATION AND NATURE OF DISTRICT. The | ||
district is a special district created under Sections 52 and 52-a, | ||
Article III, and Section 59, Article XVI, Texas Constitution. | ||
Sec. 3885.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The | ||
creation of the district is essential to accomplish the purposes of | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution, and other public purposes stated in this | ||
chapter. By creating the district and in authorizing the city and | ||
other political subdivisions to contract with the district, the | ||
legislature has established a program to accomplish the public | ||
purposes set out in Section 52-a, Article III, Texas Constitution. | ||
(b) The creation of the district is necessary to promote, | ||
develop, encourage, and maintain employment, commerce, | ||
transportation, housing, tourism, recreation, the arts, | ||
entertainment, economic development, safety, and the public | ||
welfare in the district. | ||
(c) This chapter and the creation of the district may not be | ||
interpreted to relieve the city or county from providing the level | ||
of services provided to the area in the district as of the effective | ||
date of the article of the Act enacting this chapter. The district | ||
is created to supplement and not to supplant the city and county | ||
services provided in the district. | ||
Sec. 3885.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the improvements and services to be provided by | ||
the district under powers conferred by Sections 52 and 52-a, | ||
Article III, and Section 59, Article XVI, Texas Constitution, and | ||
other powers granted under this chapter. | ||
(c) The district is created to accomplish the purposes of a | ||
municipal management district as provided by general law and | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution. | ||
(d) The creation of the district is in the public interest | ||
and is essential to: | ||
(1) further the public purposes of developing and | ||
diversifying the economy of the state; | ||
(2) eliminate unemployment and underemployment; and | ||
(3) develop or expand transportation and commerce. | ||
(e) The district will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, potential employees, employees, visitors, | ||
and consumers in the district, and of the public; | ||
(2) provide needed funding for the district to | ||
preserve, maintain, and enhance the economic health and vitality of | ||
the district territory as a community and business center; and | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing pedestrian ways and by landscaping and | ||
developing certain areas in the district, which are necessary for | ||
the restoration, preservation, and enhancement of scenic beauty. | ||
(f) Pedestrian ways along or across a street, whether at | ||
grade or above or below the surface, and street lighting, street | ||
landscaping, parking, and street art objects are parts of and | ||
necessary components of a street and are considered to be a street | ||
or road improvement. | ||
(g) The district will not act as the agent or | ||
instrumentality of any private interest even though the district | ||
will benefit many private interests as well as the public. | ||
Sec. 3885.005. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2.02 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2.02 | ||
of the Act enacting this chapter form a closure. A mistake in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to contract; | ||
(3) authority to borrow money or issue bonds or other | ||
obligations described by Section 3885.253 or to pay the principal | ||
and interest of the bonds or other obligations; | ||
(4) right to impose or collect an assessment, or | ||
collect other revenue; or | ||
(5) legality or operation. | ||
Sec. 3885.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||
(a) All or any part of the area of the district is eligible to be | ||
included in: | ||
(1) a tax increment reinvestment zone created under | ||
Chapter 311, Tax Code; | ||
(2) a tax abatement reinvestment zone created under | ||
Chapter 312, Tax Code; | ||
(3) an enterprise zone created under Chapter 2303, | ||
Government Code; or | ||
(4) an industrial district created under Chapter 42, | ||
Local Government Code. | ||
(b) If the city creates a tax increment reinvestment zone | ||
described by Subsection (a), the city and the board of directors of | ||
the zone, by contract with the district, may grant money deposited | ||
in the tax increment fund to the district to be used by the district | ||
for: | ||
(1) the purposes permitted for money granted to a | ||
corporation under Section 380.002(b), Local Government Code; and | ||
(2) any other district purpose, including the right to | ||
pledge the money as security for any bonds or other obligations | ||
issued by the district under Section 3885.253. | ||
(c) A tax increment reinvestment zone created by the city in | ||
the district is not subject to the limitations provided by Section | ||
311.006, Tax Code. | ||
Sec. 3885.007. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICT LAW. Except as provided by this chapter, Chapter 375, | ||
Local Government Code, applies to the district. | ||
Sec. 3885.008. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed in conformity with the | ||
findings and purposes stated in this chapter. | ||
[Sections 3885.009-3885.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3885.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five directors composed of: | ||
(1) two directors appointed by the governing body of | ||
the city; | ||
(2) one director appointed by the governing body of | ||
the city who is an employee of the Prosper Independent School | ||
District; | ||
(3) the city manager; and | ||
(4) the city's chief financial officer. | ||
(b) An appointed director serves a term of four years. | ||
Sec. 3885.052. QUALIFICATIONS OF DIRECTOR. (a) Section | ||
375.063, Local Government Code, does not apply to a director | ||
employed by the city or the Prosper Independent School District. | ||
(b) Section 49.052, Water Code, does not apply to the | ||
district. | ||
Sec. 3885.053. VACANCY. The governing body of the city | ||
shall appoint a director to fill a vacancy on the board for the | ||
remainder of the unexpired term. | ||
Sec. 3885.054. DIRECTOR'S OATH OR AFFIRMATION. A director | ||
shall file the director's oath or affirmation of office with the | ||
district, and the district shall retain the oath or affirmation in | ||
the district records. | ||
Sec. 3885.055. OFFICERS. The board shall elect from among | ||
the directors a chair, a vice chair, and a secretary. | ||
Sec. 3885.056. COMPENSATION; EXPENSES. (a) The district | ||
may compensate each director in an amount not to exceed $150 for | ||
each board meeting. | ||
(b) A director is entitled to reimbursement for necessary | ||
and reasonable expenses incurred in carrying out the duties and | ||
responsibilities of a director. | ||
Sec. 3885.057. LIABILITY INSURANCE. The district may | ||
obtain and pay for comprehensive general liability insurance | ||
coverage from a commercial insurance company or other source that | ||
protects and insures the directors against personal liability and | ||
from all claims for actions taken as directors or actions and | ||
activities taken by the district or by others acting on its behalf. | ||
Sec. 3885.058. BOARD MEETINGS. The board shall hold | ||
meetings at a place accessible to the public. | ||
Sec. 3885.059. INITIAL DIRECTORS. (a) The initial board | ||
consists of the following directors: | ||
(1) Rod Hogan, city manager; | ||
(2) Jay Toutounchian, city chief financial officer; | ||
(3) Jim Melino; | ||
(4) Drew Watkins, Prosper Independent School District | ||
employee; and | ||
(5) a director appointed by the governing body of the | ||
city. | ||
(b) Of the initial directors, the term of the director | ||
appointed under Subsection (a)(3) expires May 31, 2014, and the | ||
terms of the directors appointed under Subsections (a)(4) and (5) | ||
expire May 31, 2012. | ||
(c) This section expires September 1, 2014. | ||
[Sections 3885.060-3885.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3885.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3885.102. IMPROVEMENT PROJECTS. The district may | ||
provide, or it may enter into contracts with a governmental or | ||
private entity to provide, the improvement projects described by | ||
Subchapter C-1 or activities in support of or incidental to those | ||
projects. | ||
Sec. 3885.103. WATER DISTRICT POWERS. The district has the | ||
powers provided by the general laws relating to conservation and | ||
reclamation districts created under Section 59, Article XVI, Texas | ||
Constitution, including Chapters 49 and 54, Water Code. | ||
Sec. 3885.104. ROAD DISTRICT POWERS. The district has the | ||
powers provided by the general laws relating to road districts and | ||
road utility districts created under Section 52(b), Article III, | ||
Texas Constitution, including Chapter 441, Transportation Code. | ||
Sec. 3885.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The | ||
district has the powers provided by Chapter 372, Local Government | ||
Code, to a municipality or county. | ||
Sec. 3885.106. CONTRACT POWERS. The district may contract | ||
with a governmental or private entity, on terms determined by the | ||
board, to carry out a power or duty authorized by this chapter or to | ||
accomplish a purpose for which the district is created. | ||
Sec. 3885.107. EMERGENCY SERVICES. (a) This section | ||
applies only to territory in the district: | ||
(1) that is in the extraterritorial jurisdiction of | ||
the city; | ||
(2) for which a plat has been filed; and | ||
(3) that includes 100 or more residents. | ||
(b) To protect the public interest, the district shall | ||
provide or contract with a qualified party to provide emergency | ||
services, including law enforcement, fire, and ambulance services, | ||
in the territory described by Subsection (a). | ||
Sec. 3885.108. AMENDMENT OF DEVELOPMENT AGREEMENT. The | ||
parties to the development agreement may amend the agreement as | ||
necessary to accomplish the purposes of the district. | ||
Sec. 3885.109. ECONOMIC DEVELOPMENT. (a) The district may | ||
engage in activities that accomplish the economic development | ||
purposes of the district. | ||
(b) The district may establish and provide for the | ||
administration of one or more programs to promote state or local | ||
economic development and to stimulate business and commercial | ||
activity in the district, including programs to: | ||
(1) make loans and grants of public money; and | ||
(2) provide district personnel and services. | ||
(c) The district may create economic development programs | ||
and exercise the economic development powers that: | ||
(1) Chapter 380, Local Government Code, provides to a | ||
municipality; and | ||
(2) Subchapter A, Chapter 1509, Government Code, | ||
provides to a municipality. | ||
Sec. 3885.110. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
Sec. 3885.111. NO TOLL ROADS. The district may not | ||
construct, acquire, maintain, or operate a toll road. | ||
[Sections 3885.112-3885.150 reserved for expansion] | ||
SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES | ||
Sec. 3885.151. IMPROVEMENT PROJECTS AND SERVICES. The | ||
district may provide, design, construct, acquire, improve, | ||
relocate, operate, maintain, or finance an improvement project or | ||
service using money available to the district, or contract with a | ||
governmental or private entity to provide, design, construct, | ||
acquire, improve, relocate, operate, maintain, or finance an | ||
improvement project or service authorized under this chapter or | ||
Chapter 375, Local Government Code. | ||
Sec. 3885.152. BOARD DETERMINATION REQUIRED. The district | ||
may not undertake an improvement project unless the board | ||
determines the project: | ||
(1) is necessary to accomplish a public purpose of the | ||
district; and | ||
(2) complies with the development agreement or the | ||
parties to the development agreement agree to the project, in | ||
writing. | ||
Sec. 3885.153. LOCATION OF IMPROVEMENT PROJECT. An | ||
improvement project may be inside or outside the district. | ||
Sec. 3885.154. CITY REQUIREMENTS. (a) An improvement | ||
project in the city must comply with any applicable requirements of | ||
the city, including codes and ordinances, that are consistent with | ||
the development agreement. | ||
(b) The district may not provide, conduct, or authorize any | ||
improvement project on the city's streets, highways, | ||
rights-of-way, or easements without the consent of the governing | ||
body of the city. | ||
Sec. 3885.155. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE | ||
AREA. The district may undertake an improvement project or service | ||
that confers a special benefit on a definable area in the district | ||
and levy and collect a special assessment on benefited property in | ||
the district in accordance with: | ||
(1) Chapter 372, Local Government Code; or | ||
(2) Chapter 375, Local Government Code. | ||
Sec. 3885.156. CONTRACTS. A contract to design, construct, | ||
acquire, improve, relocate, operate, maintain, or finance an | ||
improvement project is considered a contract for a good or service | ||
under Subchapter I, Chapter 271, Local Government Code. | ||
[Sections 3885.157-3885.200 reserved for expansion] | ||
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS | ||
Sec. 3885.201. DIVISION OF DISTRICT; PREREQUISITE. The | ||
district may be divided into two or more new districts only if the | ||
district has no outstanding bonded debt. | ||
Sec. 3885.202. LAW APPLICABLE TO NEW DISTRICT. This | ||
chapter applies to any new district created by division of the | ||
district, and a new district has all the powers and duties of the | ||
district. | ||
Sec. 3885.203. DIVISION PROCEDURES. (a) The board, on its | ||
own motion or on receipt of a petition signed by an owner of real | ||
property in the district, may adopt an order proposing to divide the | ||
district. | ||
(b) The board may not divide the district unless the | ||
division is approved by the governing body of the city by | ||
resolution. The resolution may set terms for the division under | ||
Subsection (c). | ||
(c) If the board decides to divide the district, the board | ||
shall, subject to the city's resolution: | ||
(1) set the terms of the division, including names for | ||
the new districts and a plan for the payment or performance of any | ||
outstanding district obligations; | ||
(2) prepare a metes and bounds description for each | ||
proposed district; and | ||
(3) appoint initial directors for each new district. | ||
Sec. 3885.204. NOTICE AND RECORDING OF ORDER. Not later | ||
than the 30th day after the date of an order dividing the district, | ||
the district shall: | ||
(1) file the order with the Texas Commission on | ||
Environmental Quality; and | ||
(2) record the order in the real property records of | ||
the county in which the district is located. | ||
Sec. 3885.205. CONTRACT AUTHORITY OF NEW DISTRICTS. (a) | ||
Except as provided by Subsection (b), the new districts may | ||
contract with each other for any matter the boards of the new | ||
districts consider appropriate. | ||
(b) The new districts may not contract with each other for | ||
water and wastewater services. | ||
[Sections 3885.206-3885.250 reserved for expansion] | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3885.251. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||
board by resolution shall establish the number of directors' | ||
signatures and the procedure required for a disbursement or | ||
transfer of the district's money. | ||
Sec. 3885.252. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||
The district may undertake and provide an improvement project or | ||
service authorized by this chapter using any money available to the | ||
district. | ||
Sec. 3885.253. BORROWING MONEY; OBLIGATIONS. (a) The | ||
district may borrow money for a district purpose without holding an | ||
election by issuing bonds, notes, time warrants, or other | ||
obligations, or by entering into a contract or other agreement | ||
payable wholly or partly from an assessment, a contract payment, a | ||
grant, revenue from a zone created under Chapter 311 or 312, Tax | ||
Code, other district revenue, or a combination of these sources. | ||
(b) An obligation described by Subsection (a): | ||
(1) may bear interest at a rate determined by the | ||
board; and | ||
(2) may include a term or condition as determined by | ||
the board. | ||
Sec. 3885.254. DEVELOPMENT AGREEMENT. Before the district | ||
borrows money or issues an obligation under Section 3885.253, the | ||
city must provide written certification to the district that no | ||
party to the development agreement is in default as of the date the | ||
district is authorized to borrow the money or enter the obligation. | ||
Sec. 3885.255. ASSESSMENTS. (a) Except as provided by | ||
Subsection (b), the district may impose an assessment on property | ||
in the district to pay for an obligation described by Section | ||
3885.253 in the manner provided for: | ||
(1) a district under Subchapters A, E, and F, Chapter | ||
375, Local Government Code; or | ||
(2) a municipality or county under Subchapter A, | ||
Chapter 372, Local Government Code. | ||
(b) The district may not impose an assessment on a | ||
municipality, county, or other political subdivision. | ||
Sec. 3885.256. NOTICE OF ASSESSMENTS. (a) The board shall | ||
annually file written notice with the secretary of the city that | ||
specifies the assessments the district will impose in the | ||
district's next fiscal year in sufficient clarity to describe the | ||
assessments for the operation and maintenance of the district and | ||
the assessments for the payment of debt service of obligations | ||
issued or incurred by the district. | ||
(b) The board shall annually record in the deed records of | ||
the county a current assessment roll approved by the governing body | ||
of the city. | ||
(c) The assessment roll must clearly state that the | ||
assessments in the assessment roll are in addition to the ad valorem | ||
taxes imposed by other taxing units that tax real property in the | ||
district. | ||
(d) The district shall generate and implement a program to | ||
provide notification to a prospective purchaser of property in the | ||
district of the assessments that have been approved and are imposed | ||
by the district. | ||
Sec. 3885.257. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||
375.161, Local Government Code, does not apply to the district. | ||
Sec. 3885.258. NO IMPACT FEES. The district may not impose | ||
an impact fee. | ||
Sec. 3885.259. NO AD VALOREM TAX. The district may not | ||
impose an ad valorem tax. | ||
[Sections 3885.260-3885.300 reserved for expansion] | ||
SUBCHAPTER F. DISSOLUTION | ||
Sec. 3885.301. DISSOLUTION BY CITY. (a) The city may | ||
dissolve the district by ordinance. | ||
(b) The city may not dissolve the district until: | ||
(1) the district's outstanding debt or contractual | ||
obligations have been repaid or discharged; or | ||
(2) the city agrees to succeed to the rights and | ||
obligations of the district. | ||
Sec. 3885.302. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. | ||
(a) If the dissolved district has bonds or other obligations | ||
outstanding secured by and payable from assessments or other | ||
revenue, the city succeeds to the rights and obligations of the | ||
district regarding enforcement and collection of the assessments or | ||
other revenue. | ||
(b) The city shall have and exercise all district powers to | ||
enforce and collect the assessments or other revenue to pay: | ||
(1) the bonds or other obligations when due and | ||
payable according to their terms; or | ||
(2) special revenue or assessment bonds or other | ||
obligations issued by the city to refund the outstanding bonds or | ||
obligations of the district. | ||
Sec. 3885.303. ASSUMPTION OF ASSETS AND LIABILITIES. (a) | ||
After the city dissolves the district, the city assumes the | ||
obligations of the district, including any bonds or other debt | ||
payable from assessments or other district revenue. | ||
(b) If the city dissolves the district, the board shall | ||
transfer ownership of all district property to the city. | ||
SECTION 2.02. The Mustang Ranch Municipal Management | ||
District No. 1 initially includes all the territory contained in | ||
the following area: | ||
BEING a tract of land located in the COLEMAN WATSON SURVEY, | ||
ABSTRACT NO. 945, Collin County, Texas and being a part of a called | ||
632.051 acre tract of land described in Deed to Twin Eagles, Ltd. | ||
recorded in County Clerk's Document Number 96-0013989, Deed | ||
Records, Collin County, Texas and being a part of a called 12.686 | ||
acre tract of land described in Deed to Robert S. Folsom, Trustee of | ||
the Twin Eagles Qualified Personal Residence Trust recorded in | ||
County Clerk's Document Number 95-0093145, Deed Records, Collin | ||
County, Texas and being a part of a called 50.00 acre tract of land | ||
described in Deed to Twin Eagles Ltd. recorded in Volume 4826, Page | ||
2205, Deed Records, Collin County, Texas and being more | ||
particularly described as follows: | ||
BEGINNING at a 5/8 inch iron rod found in the North line of | ||
Farm-To-Market Road 1461, a variable width right-of-way, at the | ||
Southwest corner of a called 19.93 acre tract of land described in | ||
Deed to Debra Folsom Jarma and Don M. Jarma recorded in Volume 3790, | ||
Page 267, Deed Records, Collin County, Texas, said point being the | ||
Southeast corner of said 50.00 acre tract; | ||
THENCE South 89 degrees 41 minutes 18 seconds West, along the | ||
North line of said Farm-To-Market Road 1461, a distance of 750.84 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set for corner, from which a 1/2 inch iron found bears South 76 | ||
degrees 31 minutes 14 seconds West, a distance of 2.08 feet; | ||
THENCE South 89 degrees 16 minutes 18 seconds West, | ||
continuing long the North line of said Farm-To-Market Road 1461, a | ||
distance of 231.01 feet to a 1/2 inch iron rod with a yellow plastic | ||
cap stamped "DAA" set at the Southwest corner of Lot 30, Block C of | ||
TWELVE OAKS PHASE II, an Addition to Collin County, Texas according | ||
to the Plat thereof recorded in Cabinet P, Slide 486, Map Records, | ||
Collin County, Texas, from which a 1/2 inch iron rod with a yellow | ||
plastic cap stamped "EC&D RPLS 5439" bears South 06 degrees 27 | ||
minutes 24 seconds West, a distance of 0.32 feet; | ||
THENCE North 00 degrees 54 minutes 55 seconds East, along the | ||
West line of said TWELVE OAKS PHASE II, a distance of 2,206.67 feet | ||
to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set in | ||
the South line of said 632.051 acre tract at the Northeast corner of | ||
Lot 18, Block C of said TWELVE OAKS PHASE II, from which a 1/2 inch | ||
iron rod with a yellow plastic cap stamped "ROOME" bears South 50 | ||
degrees 24 minutes 07 seconds West, a distance of 0.44 feet; | ||
THENCE South 89 degrees 37 minutes 23 seconds West, along the | ||
North line of said TWELVE OAKS PHASE II, a distance of 2,146.50 feet | ||
to a 3/8 inch iron rod found at the Southwest corner of said 632.051 | ||
acre tract; | ||
THENCE North 00 degrees 07 minutes 29 seconds East, along the | ||
West line of said 632.051 acre tract, a distance of 1,637.32 feet to | ||
a point for corner in the approximate centerline of Wilson Creek and | ||
in the East line of Lot 5, Block A of WILSON CREEK ESTATES, an | ||
Addition to Collin County, Texas according to the Plat thereof | ||
recorded in Cabinet J, Slide 605, Map Records, Collin County, | ||
Texas; | ||
THENCE Northerly, along the East line of said WILSON CREEK | ||
ESTATES and the approximate centerline of said Wilson Creek, the | ||
following five (5) courses and distances; North 39 degrees 31 | ||
minutes 50 seconds East, a distance of 1.00 feet to a point for | ||
corner; North 14 degrees 09 minutes 54 seconds East, a distance of | ||
67.24 feet to a point for corner; North 01 degrees 45 minutes 24 | ||
seconds West, a distance of 113.30 feet to a point for corner; North | ||
08 degrees 43 minutes 39 seconds West, a distance of 137.99 feet to | ||
point for corner; North 02 degrees 14 minutes 13 seconds West, a | ||
distance of 113.37 feet to point at the Southeast corner of WILSON | ||
CREEK ESTATES 2, an Addition to Collin County, Texas according to | ||
the Plat thereof recorded in Cabinet K, Slide 192, Map Records, | ||
Collin County, Texas; | ||
THENCE Northerly, along the East line of said WILSON CREEK | ||
ESTATES 2 and the approximate centerline of said Wilson Creek, the | ||
following eight (8) courses and distances; North 15 degrees 56 | ||
minutes 43 seconds East, a distance of 284.21 feet to point for | ||
corner; North 27 degrees 49 minutes 29 seconds East, a distance of | ||
53.72 feet to a point for corner; North 13 degrees 03 minutes 17 | ||
seconds East, a distance of 109.39 feet to point for corner; North | ||
10 degrees 02 minutes 27 seconds West, a distance of 235.76 feet to | ||
point for corner; North 04 degrees 58 minutes 53 seconds East, a | ||
distance of 56.26 feet to a point for corner; North 05 degrees 12 | ||
minutes 56 seconds West, a distance of 121.33 feet to point for | ||
corner; North 09 degrees 39 minutes 44 seconds West, a distance of | ||
165.65 feet to point for corner; North 01 degrees 30 minutes 36 | ||
seconds East, a distance of 45.98 feet to a point for corner in the | ||
South line of a called 185.094 acre tract of land described as Tract | ||
One in Deed to J. Baxter Brinkman recorded in County Clerk's | ||
Document Number 92-0052450, Deed Records, Collin County, Texas, | ||
from which a 3/4 inch iron rod found bears South 89 degrees 38 | ||
minutes 46 seconds West; a distance of 39.22 feet; | ||
THENCE North 89 degrees 38 minutes 46 seconds East, along the | ||
common line of said 185.094 acre tract and said 632.051 acre tract, | ||
a distance of 1,947.39 feet to a 1/2 inch iron rod found for corner; | ||
THENCE North 00 degrees 14 minutes 27 seconds West, along the | ||
common line of said 185.094 acre tract and said 632.051 acre tract, | ||
a distance of 1,721.69 feet to a 1/2 inch iron rod with a yellow | ||
plastic cap stamped "DAA" set at the Southwest corner of a called | ||
5.384 acre tract of land described as Tract Two in Deed to J. Baxter | ||
Brinkman recorded in County Clerk's Document Number 92-0052450, | ||
Deed Records, Collin County, Texas, from which a 1/2 inch iron rod | ||
found bears South 85 degrees 18 minutes 16 seconds West, a distance | ||
of 1.01 feet; | ||
THENCE Easterly, along the common line of said 5.384 acre | ||
tract and said 632.051 acre tract, the following six (6) courses and | ||
distances: North 89 degrees 48 minutes 09 seconds East, a distance | ||
of 2,167.88 feet to a 1/2 inch iron rod with a yellow plastic cap | ||
stamped "COLLIS RPLS 1764" found for corner; North 89 degrees 49 | ||
minutes 55 seconds East, a distance of 465.82 feet to a 1/2 inch | ||
iron rod with a yellow plastic cap stamped "DAA" set for corner, | ||
from which a 1/2 inch iron rod found bears South 35 degrees 46 | ||
minutes 01 seconds West, a distance of 0.39 feet; North 89 degrees | ||
47 minutes 20 seconds East, a distance of 305.39 feet to a 1/2 inch | ||
iron rod found for corner; North 89 degrees 51 minutes 51 seconds | ||
East, a distance of 816.05 feet to a 1/2 inch iron rod with a yellow | ||
plastic cap stamped "DAA" set for corner; South 89 degrees 56 | ||
minutes 24 seconds East, a distance of 311.73 feet to a 1/2 inch | ||
iron rod with a yellow plastic cap stamped "DAA" set for corner; | ||
North 89 degrees 42 minutes 42 seconds East, a distance of 330.59 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set at the Northwest corner of a called 1.0000 acre tract of land | ||
described in Deed to Danville Water Supply Corporation recorded in | ||
Volume 1992, Page 738, Deed Records, Collin County, Texas; | ||
THENCE South 00 degrees 15 minutes 01 seconds East, along the | ||
common line of said 1.0000 acre tract and said 632.051 acre tract, a | ||
distance of 146.88 feet to a 1/2 inch iron rod found for corner; | ||
THENCE North 89 degrees 44 minutes 59 seconds East, | ||
continuing along the common line of said 1.0000 acre tract and said | ||
632.051 acre tract a distance of 299.37 feet to a 1/2 inch iron rod | ||
with a yellow plastic cap stamped "DAA" set for corner in the West | ||
line of Farm-To-Market Road 2478, a variable width right-of-way, | ||
from which a 1/2 inch iron rod found bears South 89 degrees 44 | ||
minutes 59 seconds East, a distance of 0.33 feet; | ||
THENCE Southerly, along the West line of said Farm-To-Market | ||
Road 2478, the following eight (8) courses and distances: South 04 | ||
degrees 07 minutes 13 seconds East, a distance of 113.40 feet to a | ||
wood right-of-way marker found for corner; South 03 degrees 46 | ||
minutes 13 seconds East, a distance of 525.05 feet to a 1/2 inch | ||
iron rod found for corner; South 01 degrees 56 minutes 26 seconds | ||
West, a distance of 100.50 feet to a nail found in wood right-of-way | ||
marker for corner; South 03 degrees 46 minutes 13 seconds East, a | ||
distance of 200.00 feet to a 1/2 inch iron rod with a yellow plastic | ||
cap stamped "DAA" set for corner, from which a wood right-of-way | ||
marker found bears North 78 degrees 39 minutes 45 seconds West, a | ||
distance of 0.95 feet; South 09 degrees 28 minutes 51 seconds East, | ||
a distance of 100.50 feet to a 1/2 inch iron rod with a yellow | ||
plastic cap stamped "DAA" set for corner; South 03 degrees 46 | ||
minutes 13 seconds East, a distance of 415.90 feet to a wood | ||
right-of-way marker found for corner at the beginning of a curve to | ||
the right having a central angle of 03 degrees 41 minutes 00 | ||
seconds, a radius of 5,679.58 feet and a chord bearing and distance | ||
of South 01 degrees 55 minutes 43 seconds East, 365.06 feet; | ||
Southerly, along said curve to the right, an arc distance of 365.12 | ||
feet to a wood right-of-way marker found for corner; South 00 | ||
degrees 05 minutes 13 seconds East, a distance of 2,278.15 feet to a | ||
1/2 inch iron rod with a yellow plastic cap stamped "DAA" set at the | ||
Northeast corner of a called 1.000 acre tract of land described in | ||
Deed to Rhea's Mill Baptist Church recorded in Volume 1745, Page | ||
773, Deed Records, Collin County, Texas, from which a 1/2 inch | ||
square pipe found bears South 89 degrees 48 minutes 02 seconds West, | ||
a distance of 1.07 feet; | ||
THENCE South 89 degrees 48 minutes 02 seconds West, a | ||
distance of 291.81 feet to a 1/2 inch iron rod found at the | ||
Northwest corner of said Rhea's Mill Baptist Church tract; | ||
THENCE South 00 degrees 20 minutes 34 seconds East, a | ||
distance of 150.52 feet to a 1/2 inch iron rod with a yellow plastic | ||
cap stamped "DAA" set for corner in the North line of Lot 4 of | ||
ROLLING MEADOWS ESTATES, an Addition to Collin County, Texas | ||
according to the Plat thereof recorded in Cabinet P, Slide 486, Map | ||
Records, Collin County, Texas; | ||
THENCE South 89 degrees 40 minutes 07 seconds West, along the | ||
common line of said ROLLING MEADOWS ESTATES and said 632.051 acre | ||
tract, passing at a distance of 1,509.89 feet a 1 inch iron rod | ||
found at the Northwest corner of said ROLLING MEADOWS ESTATES and | ||
the Northeast corner of a called 81.104 acre tract described in Deed | ||
to Debra F. Jarma and Don M. Jarma recorded in County Clerk's | ||
Document Number 95-0092267, Deed Records, Collin County, Texas and | ||
continuing along the common line of said 81.104 acre tract and said | ||
632.051 acre tract, in all for a total distance of 2,209.89 feet to | ||
a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for | ||
corner; | ||
THENCE South 00 degrees 52 minutes 41 seconds West, along the | ||
common line of said 81.104 acre tract and said 632.051 acre tract, a | ||
distance of 421.13 feet to a 1/2 inch iron rod with a yellow plastic | ||
cap stamped "DAA" set for corner; | ||
THENCE South 89 degrees 27 minutes 07 seconds West, | ||
continuing along the common line of said 81.104 acre tract and said | ||
632,051 acre tract, a distance of 1,159.85 feet to a 1/2 inch iron | ||
square pipe found at the Northwest corner of said 81.104 acre tract | ||
and the Northeast corner of a called 11.252 acre tract of land | ||
described in Deed to Debra F. Jarma and Don M. Jarma recorded in | ||
Volume 4973, Page 3420, Deed Records, Collin County, Texas; | ||
THENCE South 89 degrees 24 minutes 47 seconds West, along the | ||
common line of said 11.252 acre tract and said 632.051 acre tract, a | ||
distance of 281.99 feet to a 1/2 inch iron rod with a yellow plastic | ||
cap stamped "DAA" set at the Northwest corner of said 11.252 acre | ||
tract; | ||
THENCE Southerly, along the West line of said 11.252 acre | ||
tract, the following six (6) courses and distances: South 00 | ||
degrees 55 minutes 08 seconds West, a distance of 420.00 feet to a | ||
1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for | ||
corner; South 14 degrees 29 minutes 02 seconds East, a distance of | ||
241.26 feet to a 1/2 inch iron rod with a yellow plastic cap stamped | ||
"DAA" set for corner; South 00 degrees 55 minutes 08 seconds West, a | ||
distance of 320.00 feet to a 1/2 inch iron rod with a yellow plastic | ||
cap stamped "DAA" set for corner; South 12 degrees 45 minutes 08 | ||
seconds West, a distance of 449.55 feet to a 1/2 inch iron rod with a | ||
yellow plastic cap stamped "DAA" set for corner; South 19 degrees 10 | ||
minutes 32 seconds East, a distance of 436.57 feet to a 1/2 inch | ||
iron rod with a yellow plastic cap stamped "DAA" set for corner; | ||
South 33 degrees 22 minutes 42 seconds East, a distance of 288.40 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set for corner in the West line of said 19.93 acre tract; | ||
THENCE South 01 degrees 56 minutes 48 seconds West, along the | ||
West line of said 19.93 acre tract, a distance of 139.88 feet to the | ||
POINT OF BEGINNING and containing 681.999 acres of land, more or | ||
less. | ||
SECTION 2.03. (a) The legal notice of the intention to | ||
introduce this article, setting forth the general substance of this | ||
article, has been published as provided by law, and the notice and a | ||
copy of this article have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and article to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this article with the governor, | ||
lieutenant governor, and speaker of the house of representatives | ||
within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this article have been | ||
fulfilled and accomplished. | ||
SECTION 2.04. This article takes effect September 1, 2011. | ||
ARTICLE 3. CASE CREEK MUNICIPAL UTILITY DISTRICT NO. 1 OF GRAYSON | ||
COUNTY | ||
SECTION 3.01. Subtitle F, Title 6, Special District Local | ||
Laws Code, is amended by adding Chapter 8249 to read as follows: | ||
CHAPTER 8249. CASE CREEK MUNICIPAL UTILITY DISTRICT NO. 1 OF | ||
GRAYSON COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8249.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Case Creek Municipal Utility | ||
District No. 1 of Grayson County. | ||
Sec. 8249.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8249.003. CONFIRMATION AND DIRECTORS' ELECTION | ||
REQUIRED. The temporary directors shall hold an election to | ||
confirm the creation of the district and to elect five permanent | ||
directors as provided by Section 49.102, Water Code. | ||
Sec. 8249.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) | ||
The district is created to serve a public purpose and benefit. | ||
(b) The district is created to accomplish the purposes of: | ||
(1) a municipal utility district as provided by | ||
general law and Section 59, Article XVI, Texas Constitution; and | ||
(2) Section 52, Article III, Texas Constitution, that | ||
relate to the construction, acquisition, improvement, operation, | ||
or maintenance of macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 8249.005. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 3.02 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 3.02 | ||
of the Act enacting this chapter form a closure. A mistake made in | ||
the field notes or in copying the field notes in the legislative | ||
process does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
[Sections 8249.006-8249.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8249.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8249.052, directors serve | ||
staggered four-year terms. | ||
Sec. 8249.052. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2011, the owner or owners of a majority of the assessed | ||
value of the real property in the district may submit a petition to | ||
the commission requesting that the commission appoint as temporary | ||
directors the five persons named in the petition. The commission | ||
shall appoint as temporary directors the five persons named in the | ||
petition. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8249.003; or | ||
(2) September 1, 2015. | ||
(c) If permanent directors have not been elected under | ||
Section 8249.003 and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8249.003; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the commission requesting that the | ||
commission appoint as successor temporary directors the five | ||
persons named in the petition. The commission shall appoint as | ||
successor temporary directors the five persons named in the | ||
petition. | ||
[Sections 8249.053-8249.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8249.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8249.102. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the powers and duties provided by the | ||
general law of this state, including Chapters 49 and 54, Water Code, | ||
applicable to municipal utility districts created under Section 59, | ||
Article XVI, Texas Constitution. | ||
Sec. 8249.103. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, the district may design, | ||
acquire, construct, finance, issue bonds for, improve, operate, | ||
maintain, and convey to this state, a county, or a municipality for | ||
operation and maintenance macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 8249.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road | ||
project must meet all applicable construction standards, zoning and | ||
subdivision requirements, and regulations of each municipality in | ||
whose corporate limits or extraterritorial jurisdiction the road | ||
project is located. | ||
(b) If a road project is not located in the corporate limits | ||
or extraterritorial jurisdiction of a municipality, the road | ||
project must meet all applicable construction standards, | ||
subdivision requirements, and regulations of each county in which | ||
the road project is located. | ||
(c) If the state will maintain and operate the road, the | ||
Texas Transportation Commission must approve the plans and | ||
specifications of the road project. | ||
Sec. 8249.105. COSTS OF ROAD PROJECT. The district shall | ||
bear the cost of maintaining, improving, operating, and repairing a | ||
road located in the district and authorized by Section 8249.103 in | ||
accordance with all applicable ordinances and rules of the | ||
political subdivision authorized to exercise jurisdiction over the | ||
road, regardless of whether the district conveys the road to this | ||
state, a county, or a municipality. | ||
Sec. 8249.106. LIMITATION ON USE OF EMINENT DOMAIN. The | ||
district may not exercise the power of eminent domain outside the | ||
district to acquire a site or easement for: | ||
(1) a road project authorized by Section 8249.103; or | ||
(2) a recreational facility as defined by Section | ||
49.462, Water Code. | ||
Sec. 8249.107. LIMITATION ON WATER SUPPLY AND WASTEWATER | ||
SERVICES; USE OF DISTRICT FACILITIES BY TWO WAY SPECIAL UTILITY | ||
DISTRICT. (a) The district may not act as a retail provider of | ||
water or wastewater services in the district except as provided by | ||
this section. | ||
(b) Except as provided by Subsection (c), the district shall | ||
convey or otherwise assign the district's water supply facilities | ||
and wastewater facilities to Two Way Special Utility District. | ||
(c) If Two Way Special Utility District refuses or is unable | ||
to provide water supply or wastewater service to customers located | ||
in the district, the district may retain the necessary facilities | ||
and provide water supply or wastewater service, as applicable, to | ||
those customers. | ||
[Sections 8249.108-8249.150 reserved for expansion] | ||
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS | ||
Sec. 8249.151. DIVISION OF DISTRICT; PREREQUISITES. The | ||
district may be divided into two or more new districts only if the | ||
district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
Sec. 8249.152. LAW APPLICABLE TO NEW DISTRICT. This | ||
chapter applies to any new district created by division of the | ||
district, and a new district has all the powers and duties of the | ||
district. | ||
Sec. 8249.153. LIMITATION ON AREA OF NEW DISTRICT. A new | ||
district created by the division of the district may not, at the | ||
time the new district is created, contain any land outside the area | ||
described by Section 3.02 of the Act enacting this chapter. | ||
Sec. 8249.154. DIVISION PROCEDURES. (a) The board, on its | ||
own motion or on receipt of a petition signed by the owner or owners | ||
of a majority of the assessed value of the real property in the | ||
district, may adopt an order dividing the district. | ||
(b) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
8249.003 to confirm the district's creation. | ||
(c) An order dividing the district must: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the new districts. | ||
(d) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
Sec. 8249.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a) | ||
A new district created by the division of the district shall hold a | ||
confirmation and directors' election as required by Section | ||
8249.003. | ||
(b) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
Sec. 8249.156. TAX OR BOND ELECTION. Before a new district | ||
created by the division of the district may impose a maintenance tax | ||
or issue bonds payable wholly or partly from ad valorem taxes, the | ||
new district must hold an election as required by this chapter to | ||
obtain voter approval. | ||
[Sections 8249.157-8249.200 reserved for expansion] | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8249.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The | ||
district may issue, without an election, bonds and other | ||
obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section 8249.203. | ||
(b) The district must hold an election in the manner | ||
provided by Chapters 49 and 54, Water Code, to obtain voter approval | ||
before the district may impose an ad valorem tax or issue bonds | ||
payable from ad valorem taxes. | ||
(c) The district may not issue bonds payable from ad valorem | ||
taxes to finance a road project unless the issuance is approved by a | ||
vote of a two-thirds majority of the district voters voting at an | ||
election held for that purpose. | ||
Sec. 8249.202. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8249.201, the district | ||
may impose an operation and maintenance tax on taxable property in | ||
the district in accordance with Section 49.107, Water Code. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
Sec. 8249.203. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
[Sections 8249.204-8249.250 reserved for expansion] | ||
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS | ||
Sec. 8249.251. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. The district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, impact fees, | ||
revenue, contract payments, grants, or other district money, or any | ||
combination of those sources, to pay for any authorized district | ||
purpose. | ||
Sec. 8249.252. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct ad valorem tax, without limit as to rate or amount, while all | ||
or part of the bonds are outstanding as required and in the manner | ||
provided by Sections 54.601 and 54.602, Water Code. | ||
Sec. 8249.253. BONDS FOR ROAD PROJECTS. At the time of | ||
issuance, the total principal amount of bonds or other obligations | ||
issued or incurred to finance road projects and payable from ad | ||
valorem taxes may not exceed one-fourth of the assessed value of the | ||
real property in the district. | ||
SECTION 3.02. The Case Creek Municipal Utility District No. | ||
1 of Grayson County initially includes all the territory contained | ||
in the following area: | ||
TRACT 1 | ||
BEING A 734.245 ACRE TRACT OF LAND SITUATED IN THE PATSY KITCHENS | ||
SURVEY, ABSTRACT NO. 666, THE RACHEL HANNING SURVEY, ABSTRACT NO. | ||
547, THE JAMES THOMAS SURVEY, ABSTRACT NO. 1235, THE B.B.B. & C.R.R. | ||
SURVEY, ABSTRACT NO. 167 AND THE H.L. NOLAND SURVEY, ABSTRACT NO. | ||
1550, GRAYSON COUNTY, TEXAS AND BEING ALL OF THE FOLLOWING TRACTS OF | ||
LAND, THAT TRACT OF LAND DESCRIBED IN DEED TO BLUE ISLAND PARTNERS, | ||
LTD., RECORDED IN VOLUME 4076, PAGE 824, THAT TRACT OF LAND | ||
DESCRIBED IN DEED TO THE NICID LIMITED PARTNERSHIP, RECORDED IN | ||
VOLUME 3734, PAGE 246 AND THAT TRACT OF LAND DESCRIBED IN DEED TO | ||
202 BOREN ROAD PARTNERS, LLC, RECORDED IN VOLUME 4223, PAGE 252 OF | ||
THE OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS. SAID 734.245 | ||
ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE | ||
COORDINATES, NORTH CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE 2002), | ||
DETERMINED BY GPS OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND | ||
JULIAN DAY 259, 2004, CALCULATED FROM COLLIN CORS ARP (PID-DF8982) | ||
AND DENTON CORS ARP (PID-DF8986), | ||
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
BEGINNING AT A 60D NAIL FOUND FOR THE NORTHEAST CORNER OF SAID BLUE | ||
ISLAND TRACT, SAID NAIL BEING THE SOUTHEAST CORNER OF A TRACT AS | ||
DESCRIBED IN DEED TO JERRY TODD, FILED JUNE 27, 1977, AND RECORDED | ||
IN VOLUME 1392 PAGE 797 OF SAID DEED RECORDS, SAID NAIL ALSO BEING | ||
IN THE WEST LINE OF A TRACT AS DESCRIBED IN DEED TO JEFF JOHNSON AND | ||
WIFE CARYANN JOHNSON, FILED DECEMBER 05, 2002, AND RECORDED IN | ||
VOLUME 3363, PAGE 624 OF DEED RECORDS, GRAYSON COUNTY, TEXAS, SAID | ||
NAIL ALSO BEING AT THE INTERSECTION OF DAVIS ROAD AND MACOMB | ||
CEMETERY ROAD; | ||
THENCE, SOUTH 00 DEGREES 41 MINUTES 37 SECONDS EAST, WITH THE EAST | ||
LINE OF SAID BLUE ISLAND TRACT, AND WITH THE WEST LINE OF SAID | ||
JOHNSON TRACT, AND ALONG SAID DAVIS ROAD, A DISTANCE OF 1738.20 FEET | ||
TO A 1/2 INCH STEEL SQUARE TUBING FOUND FOR AN ELL CORNER OF SAID | ||
BLUE ISLAND TRACT, AND THE SOUTHWEST CORNER OF SAID JOHNSON TRACT, | ||
AND AT A TURN IN SAID ROAD; | ||
THENCE, NORTH 88 DEGREES 46 MINUTES 03 SECONDS EAST, WITH A NORTH | ||
LINE OF SAID BLUE ISLAND TRACT, AND WITH THE SOUTH LINE OF SAID | ||
JOHNSON TRACT, AND ALONG SAID DAVIS ROAD, A DISTANCE OF 620.31 FEET | ||
TO A 1/2 INCH STEEL REBAR FOUND FOR THE MOST EASTERLY NORTHEAST | ||
CORNER OF SAID BLUE ISLAND TRACT, SAID REBAR BEING ON THE SOUTH LINE | ||
OF SAID JOHNSON TRACT, SAID REBAR BEING THE NORTHWEST CORNER OF A | ||
TRACT AS DESCRIBED IN DEED TO THE NICID LIMITED PARTNERSHIP, FILED | ||
SEPTEMBER 22, 2004, AND RECORDED IN VOLUME 3734, PAGE 246, OFFICIAL | ||
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID REBAR ALSO BEING IN | ||
SAID ROAD; | ||
THENCE, NORTH 89 DEGREES 31 MINUTES 32 SECONDS EAST, WITH THE NORTH | ||
LINE OF SAID NICID TRACT, AND IN DAVIS ROAD, A DISTANCE OF 2414.87 | ||
FEET TO A 1/2 INCH STEEL SQUARE TUBING FOUND, SAID TUBING BEING THE | ||
NORTHEAST CORNER OF SAID NICID TRACT, AND THE NORTHWEST CORNER OF A | ||
TRACT AS DESCRIBED IN DEED TO DIAMOND H RANCH, LP, AND RECORDED IN | ||
VOLUME 4052, PAGE 184, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, | ||
TEXAS, SAID TUBING ALSO BEING IN DAVIS ROAD; | ||
THENCE, SOUTH 00 DEGREES 26 MINUTES 08 SECONDS EAST, WITH THE EAST | ||
LINE OF SAID NICID TRACT, AND THE WEST LINE OF SAID DIAMOND H TRACT, | ||
AND PASSING AT 20.34 FEET A PIPE FENCE CORNER POST ON THE SOUTH SIDE | ||
OF SAID DAVIS ROAD, AND CONTINUING ON SAID COURSE FOR A TOTAL | ||
DISTANCE OF 2645.90 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC | ||
CAP STAMPED "CARTER BURGESS" SET FOR AN ELL CORNER OF SAID NICID AND | ||
DIAMOND H TRACTS; | ||
THENCE, SOUTH 89 DEGREES 24 MINUTES 16 SECONDS WEST, WITH THE SOUTH | ||
LINE OF SAID NICID TRACT, A DISTANCE OF 989.63 FEET TO A 5/8 INCH | ||
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR AN | ||
ELL CORNER OF SAID NICID AND DIAMOND H TRACT; | ||
THENCE, SOUTH 00 DEGREES 31 MINUTES 07 SECONDS EAST, A DISTANCE OF | ||
614.83 FEET TO A 1/2 INCH STEEL REBAR FOUND FOR A SOUTHEAST CORNER | ||
OF SAID NICID AND AN ELL CORNER OF SAID DIAMOND H TRACT; | ||
THENCE, SOUTH 89 DEGREES 38 MINUTES 58 SECONDS WEST, WITH THE | ||
APPARENT SOUTH LINE OF SAID NICID TRACT, A DISTANCE OF 2189.66 FEET | ||
TO A POINT CORNER; | ||
THENCE, SOUTH 00 DEGRESS 58 MINUTES 28 SECONDS WEST, PASSING AT A | ||
DISTANCE OF 14.49 FEET A 1/2" IRON ROD FOUND AT THE NORTHEAST CORNER | ||
OF SAID 202 BOREN ROAD PARTNERS TRACT AND THE NORTHWEST CORNER OF | ||
THAT TRACT OF LAND DESCRIBED IN DEED TO DEWEY MCGILL, JR., RECORDED | ||
IN VOLUME 2426, PAGE 836, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, | ||
TEXAS, AND CONTINUING WITH THE EAST LINE OF SAID 202 BOREN ROAD | ||
PARTNERS TRACT, THE WEST LINE OF SAID MCGILL TRACT, CROSSING THE | ||
SOUTH LINE OF SAID NOLAND SURVEY AND THE NORTH LINE OF SAID B.B.B. & | ||
C.R.R. SURVEY, AND CONTINUING FOR A TOTAL DISTANCE OF 2317.78 FEET | ||
TO A 1/2 INCH IRON ROD FOUND ON THE NORTH LINE OF THAT TRACT OF LAND | ||
DESCRIBED IN DEED TO DIANE S. MORGAN, RECORDED IN VOLUME 3368, PAGE | ||
355, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; | ||
THENCE, NORTH 88 DEGRESS 25 MINUTES 06 SECONDS WEST, WITH THE NORTH | ||
LINES OF SAID DIANE MORGAN TRACT, THE NORTH LINE OF A 20.000 ACRE | ||
TRACT OF LAND CONVEYED TO GLEN D. MORGAN BY DEED DATED APRIL 11, | ||
2000, RECORDED IN VOLUME 2914, PAGE 61, OFFICIAL PUBLIC RECORDS, | ||
GRAYSON COUNTY, TEXAS AND THE SOUTH LINE OF SAID 202 BOREN ROAD | ||
PARTNERS TRACT, FOR A DISTANCE OF 1627.84 FEET TO A 60D NAIL FOUND | ||
AT THE SOUTHWEST CORNER OF BOTH SAID B.B.B. & C.R.R. SURVEY AND THE | ||
SOUTHEAST CORNER OF SAID THOMAS SURVEY, FOR THE MOST SOUTHERLY | ||
SOUTHWEST CORNER OF SAID 202 BOREN ROAD PARTNERS TRACT AND THE | ||
SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED TO TOM W. | ||
PINGLETON, DATED AUGUST 15, 2006, RECORDED IN VOLUME 4105, PAGE | ||
811, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, | ||
THENCE, NORTH 01 DEGREES 40 MINUTES 41 SECONDS EAST, WITH THE WEST | ||
LINES OF BOTH SAID B.B.B. & C.R.R. SURVEY, AND SAID 202 BOREN ROAD | ||
PARTNERS TRACT AND THE EAST LINES OF THE FOLLOWING, SAID THOMAS | ||
SURVEY, TRACT 1 DESCRIBED IN DEED TO JAMES DOUGLAS SCHULTZ, | ||
RECORDED IN VOLUME 1646, PAGE 617 DEED RECORDS, GRAYSON COUNTY, | ||
TEXAS, SAID PINGLETON TRACT, THAT TRACT OF LAND DESCRIBED IN DEED TO | ||
GINGER BLALOCK, DATED AUGUST 28,1998, RECORDED IN VOLUME 2695, PAGE | ||
380, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, THAT TRACT OF | ||
LAND DESCRIBED IN DEED TO JAMES C. BLAKE, ET UX, DATED OCTOBER 9, | ||
1998, RECORDED IN VOIUME 2709, PAGE 366, OFFICIAL PUBLIC RECORDS, | ||
GRAYSON COUNTY, TEXAS, THAT TRACT OF LAND DESCRIBED IN DEED TO | ||
MICHAEL W. WALKER, AND MONIQUE R. WALKER, DATED DECEMBER 22, 2004, | ||
RECORDED IN VOLUME 3790, PAGE 348, OFFICIAL PUBLIC RECORDS, GRAYSON | ||
COUNTY, TEXAS AND THAT TRACT OF LAND DESCRIBED IN DEED TO NANCY | ||
SUSAN PARKER, DATED DECEMBER 1, 1993, RECORDED IN VOLUME 2306, PAGE | ||
433, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS FOR A DISTANCE | ||
OF 2132.79 FEET TO A 1/2 INCH IRON ROD FOUND AT THE NORTHEAST CORNER | ||
OF SAID PARKER TRACT AT AN ELL CORNER OF SAID 202 BOREN ROAD | ||
PARTNERS TRACT; | ||
THENCE, NORTH 86 DEGRESS 41 MINUTES 55 SECONDS WEST, WITH THE NORTH | ||
LINE OF SAID PARKER TRACT, AND A SOUTH LINE OF SAID 202 BOREN ROAD | ||
PARTNERS TRACT, A DISTANCE OF 1332.93 FEET TO A PK NAIL FOUND FOR | ||
THE NORTHWEST CORNER OF SAID PARKER TRACT IN THE EAST LINE OF THAT | ||
TRACT OF LAND DESCRIBED IN DEED TO MYRNA RHEUDASIL, INDIVIDUALLY BY | ||
DEED DATED APRIL 21, 1992, RECORDED IN VOLUME 2208, PAGE 492, | ||
OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS IN THE CENTER OF A | ||
PUBLIC ROAD KNOWN AS BOREN ROAD; | ||
THENCE NORTH 01 DEGREES, 59 MINUTES 16 SECONDS EAST, WITH THE CENTER | ||
OF SAID BOREN ROAD, THE WEST LINE OF SAID 202 BOREN ROAD PARTNERS | ||
TRACT, THE EAST LINE OF SAID RHEUDASIL TRACT FOR A DISTANCE OF | ||
411.44 FEET TO A 1/2 INCH IRON ROD FOUND AT THE NORTHEAST CORNER OF | ||
SAID RHEUDASIL TRACT, ON THE NORTH LINE OF SAID THOMAS SURVEY, THE | ||
SOUTH LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN | ||
ROAD PARTNERS TRACT; | ||
THENCE, NORTH 88 DEGRESS 28 MINUTES 34 SECONDS WEST, WITH THE NORTH | ||
LINE OF BOTH SAID THOMAS SURVEY, AND SAID RHEUDASIL TRACT, THE SOUTH | ||
LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN ROAD | ||
PARTNERS TRACT, CONTINUING ALONG SAID BOREN ROAD, FOR A DISTANCE OF | ||
1333.90 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED | ||
"CARTER BURGESS" SET AT THE SOUTHWEST CORNER OF BOTH SAID RACHEL | ||
HANNING SURVEY, AND SAID 202 BOREN ROAD PARTNERS TRACT, THE | ||
SOUTHEAST CORNER OF THE JAMES M. THOMAS SURVEY, ABSTRACT NO. 1212, | ||
THE MOST SOUTHERLY SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED | ||
IN DEED TO CALVIN BLEDSOE, RECORDED IN VOLUME 2546, PAGE 224, | ||
OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; | ||
THENCE, NORTH 01 DEGRESS 36 MINUTES 58 SECONDS EAST, WITH THE WEST | ||
LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN ROAD | ||
PARTNERS TRACT, THE EAST LINE OF SAID JAMES THOMAS SURVEY, ABST. NO. | ||
1212, AND SAID BLEDSOE TRACT, FOR A DISTANCE OF 1595.82 FEET TO A | ||
1/2 INCH IRON ROD CAPPED "COX 4577" FOUND AT THE NORTHWEST CORNER OF | ||
SAID 202 BOREN ROAD PARTNERS TRACT, THE MOST WESTERLY SOUTHWEST | ||
CORNER OF A 300.43 ACRE TRACT OF LAND DESCRIBED IN DEED TO BLUE | ||
ISLAND PARTNERS, LTD. BY DEED DATED JUNE 28, 2006, RECORDED IN | ||
VOLUME 4076, PAGE 824, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, | ||
TEXAS; | ||
THENCE, NORTH 01 DEGREES 26 MINUTES 55 SECONDS EAST, WITH THE WEST | ||
LINE OF SAID BLUE ISLAND TRACT, AND WITH THE EAST LINE OF SAID | ||
BLEDSOE TRACT, A DISTANCE OF 1631.30 FEET TO A 1/2 INCH IRON ROD | ||
CAPPED "COX 4577" FOUND FOR THE WESTERN MOST NORTHWEST CORNER OF | ||
BLUE ISLAND TRACT, AND THE NORTHEAST CORNER OF SAID BLEDSOE TRACT; | ||
THENCE, NORTH 89 DEGREES 27 MINUTES 39 SECONDS EAST, WITH A NORTH | ||
LINE OF SAID BLUE ISLAND TRACT, A DISTANCE OF 1676.04 FEET TO A 5/8 | ||
INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET | ||
FOR AN ELL CORNER OF SAID BLUE ISLAND TRACT, AND THE SOUTHEAST | ||
CORNER OF A TRACT AS DESCRIBED IN DEED TO NANCY SUSAN PARKER, FILED | ||
SEPTEMBER 15, 1993, AND RECORDED IN VOLUME 2306 PAGE 433, OFFICIAL | ||
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; | ||
THENCE, NORTH 00 DEGREES 18 MINUTES 02 SECONDS WEST, WITH THE WEST | ||
LINE OF SAID BLUE ISLAND TRACT, AND WITH THE EAST LINE OF SAID | ||
PARKER TRACT, A DISTANCE OF 1411.57 FEET TO A 5/8 INCH IRON ROD WITH | ||
YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR THE NORTHWEST | ||
CORNER OF SAID BLUE ISLAND TRACT, SAID IRON ROD BEING THE NORTHEAST | ||
CORNER OF SAID PARKER TRACT, SAID IRON ROD ALSO BEING ON THE SOUTH | ||
LINE OF SAID BLEDSOE TRACT, SAID IRON ROD BEING IN SAID MACOMB | ||
CEMETERY ROAD; | ||
THENCE, SOUTH 88 DEGREES 57 MINUTES 45 SECONDS EAST, WITH THE NORTH | ||
LINE OF SAID BLUE ISLAND TRACT, ALONG SAID ROAD, PASSING THE | ||
SOUTHEAST CORNER OF SAID BLEDSOE TRACT, AND THE SOUTHWEST CORNER OF | ||
SAID TODD TRACT, AND CONTINUING ALONG SAID COURSE, A DISTANCE OF | ||
2597.18 FEET TO THE POINT OF BEGINNING AND CONTAINING 734.245 ACRES | ||
OF LAND, MORE OR LESS. | ||
TRACT 2 | ||
BEING A 558.197 ACRE TRACT OF LAND SITUATED IN THE BURK TRAMMEL | ||
SURVEY, ABSTRACT NUMBER 1229, GRAYSON COUNTY, TEXAS, SAID 558.132 | ||
ACRE TRACT BEING COMPRISED BY THE TOTAL OF 6 TRACTS OF LAND RECORDED | ||
IN THE OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, A TRACT OF | ||
LAND DESCRIBED IN A DEED TO W.P. PELPHREY AND C.F. PELPHREY AS | ||
RECORDED IN VOLUME 205, PAGE 591, DEED RECORDS, GRAYSON COUNTY, | ||
TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO W.P. PELPHREY AS | ||
RECORDED IN VOLUME 234, PAGE 113, DEED RECORDS, GRAYSON COUNTY, | ||
TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO A.T. PELPHREY AS | ||
RECORDED IN VOLUME 129, PAGE 171, DEED RECORDS, GRAYSON COUNTY, | ||
TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO JACK M. DECORDOVA AND | ||
WIFE FRANCES M. DECORDOVA AS RECORDED IN VOLUME 1280, PAGE 29, DEED | ||
RECORDS, GRAYSON COUNTY, TEXAS, A TRACT OF LAND DESCRIBED IN A DEED | ||
TO C.F. PELPHREY AS RECORDED IN VOLUME 550, PAGE 399, DEED RECORDS, | ||
GRAYSON COUNTY, TEXAS, AND A TRACT OF LAND DESCRIBED IN A DEED TO | ||
W.P. PELPHREY AS RECORDED IN VOLUME 234, PAGE 113, DEED RECORDS, | ||
GRAYSON COUNTY, TEXAS, SAID 558.197 ACRE TRACT WITH BEARING BASIS | ||
BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL | ||
ZONE, NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS | ||
OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, | ||
CALCULATED FROM COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP | ||
(PID-DF8986), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS | ||
AS FOLLOWS: | ||
BEGINNING AT A P.K. NAIL SET FOR THE NORTHWEST CORNER OF SAID W.P. | ||
PELPHREY AND C.F. PELPHREY TRACT, SAME POINT BEING IN THE | ||
APPROXIMATE INTERSECTION OF SOUTHMAYD ROAD (AN APPARENT | ||
PERSCRIPTIVE RIGHT OF WAY) WITH MCGEEHE ROAD (AN APPARENT | ||
PERSCRIPTIVE RIGHT OF WAY); | ||
THENCE, SOUTH 88 DEGREES 22 MINUTES 04 SECONDS EAST, IN SAID | ||
SOUTHMAYD ROAD, A DISTANCE OF 2563.72 FEET TO A P.K. NAIL FOUND FOR | ||
THE NORTHWEST CORNER OF THE AFOREMENTIONED W.P. PELPHREY TRACT | ||
DESCRIBED IN VOLUME 234 AT PAGE 113, DEED RECORDS, GRAYSON COUNTY, | ||
TEXAS FOR AN ANGLE POINT; | ||
THENCE, SOUTH 88 DEGREES 29 MINUTES 07 SECONDS EAST, CONTINUING IN | ||
SAID ROAD, FOR A DISTANCE OF 1926.86 FEET TO A P.K. NAIL SET FOR THE | ||
NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT AND THE NORTHWEST | ||
CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO GLEN D. | ||
MORGAN AS RECORDED IN VOLUME 2752, PAGE 321, OFFICIAL PUBLIC | ||
RECORDS, GRAYSON COUNTY, TEXAS | ||
THENCE, SOUTH 00 DEGREES 58 MINUTES 51 SECONDS WEST, WITH THE WEST | ||
LINE OF SAID MORGAN TRACT AND ALONG A FENCE LINE AT A DISTANCE | ||
3314.73 PASSING A 1/2" IRON ROD FOR THE SOUTHWEST CORNER OF SAID | ||
MORGAN TRACT, THE SAME BEING THE NORTHWEST CORNER OF THAT CERTAIN | ||
TRACT OF LAND DESCRIBED IN A DEED TO LOY RODERICK MAYFIELD AS | ||
RECORDED IN VOLUME 2889, PAGE 672 OF THE OFFICIAL PUBLIC RECORDS, | ||
GRAYSON COUNTY, TEXAS AND WITH THE WEST LINE OF SAID MAYFIELD TRACT | ||
FOR A TOTAL DISTANCE 5469.03 FEET TO A 5/8" IRON ROD WITH YELLOW | ||
PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER THE SAME BEING | ||
THE SOUTHEAST CORNER OF THE AFOREMENTIONED JACK M. DECORDOVA TRACT; | ||
THENCE, NORTH 88 DEGREES 58 MINUTES 51 SECONDS WEST, WITH THE SOUTH | ||
LINE OF SAID JACK M. DECORDOVA TRACT, IN BATES ROAD (AN APPARENT | ||
PERSCRIPTIVE RIGHT OF WAY) FOR A DISTANCE OF 2596.11 FEET TO A 1/2" | ||
CAPPED IRON ROD FOUND STAMPED "SARTIN" FOR CORNER IN THE EAST LINE | ||
OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO CHALLENGE MOTOR | ||
SPORTS AS RECORDED IN VOLUME 4224, PAGE 225, OFFICIAL PUBLIC | ||
RECORDS, GRAYSON COUNTY, TEXAS; | ||
THENCE, NORTH 00 DEGREES 40 MINUTES 14 SECONDS WEST, AT TIMES WITHIN | ||
SAID BATES ROAD, A DISTANCE OF 248.68 FEET A 5/8" IRON ROD WITH | ||
YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER AND | ||
BEING THE SOUTHEAST CORNER OF THE AFOREMENTIONED C.F. PELPHREY | ||
TRACT; | ||
THENCE, NORTH 88 DEGREES 23 MINUTES 47 SECONDS WEST, WITH THE SOUTH | ||
LINE OF SAID C.F. PHELPHREY TRACT AND GENERALLY ALONG SAID BATES | ||
ROAD A DISTANCE OF 1944.93 FEET TO A P.K. NAIL SET FOR CORNER AT THE | ||
INTERSECTION OF SAID BATES ROAD WITH RICE ROAD (AN APPARENT | ||
PERSCRIPTIVE RIGHT OF WAY) THE SAME BEING THE SOUTHWEST CORNER OF | ||
SAID C.F. PELPHREY TRACT; | ||
THENCE NORTH 01 DEGREES 36 MINUTES 42 SECONDS EAST, WITH THE WEST | ||
LINE OF SAID PELPHREY TRACTS, AND GENERALLY ALONG SAID RICE AND | ||
SOUTHMAYD ROADS, A DISTANCE OF 5245.00 FEET TO THE POINT OF | ||
BEGINNING, CONTAINING 558.197 ACRES OR OF LAND MORE OR LESS. | ||
TRACT 3 | ||
BEING A 185.677 ACRE TRACT OF LAND SITUATED IN THE SAMUEL GILMAN | ||
SURVEY, ABSTRACT NO. 456, GRAYSON COUNTY, TEXAS, AND BEING ALL OF A | ||
185.677 ACRE TRACT OF LAND, CONVEYED TO WALTON TEXAS, L.P. BY DEED | ||
RECORDED IN VOLUME 4782, PAGE 760, OFFICIAL PUBLIC RECORDS, GRAYSON | ||
COUNTY, TEXAS, SAID 185.677 ACRE TRACT, WITH BEARING BASIS BEING | ||
GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, | ||
NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS | ||
BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, CALCULATED | ||
FROM COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP (PID-DF8986), | ||
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
BEGINNING AT A 1/2" IRON ROD FOND AT THE MOST WESTERLY SOUTHWEST | ||
CORNER OF SAID 185.677 ACRE TRACT, SAID POINT BEING ON THE EAST | ||
RIGHT-OF-WAY LINE OF F.M. HIGHWAY NO. 902 (A 100' RIGHT OF WAY); | ||
THENCE, NORTH 00 DEGREES 36 MINUTES 33 SECONDS WEST, ALONG SAID EAST | ||
RIGHT OF WAY LINE, A DISTANCE OF 996.90 FEET TO A 60D NAIL FOUND FOR | ||
CORNER NEAR THE CENTER LINE OF A PUBLIC ROAD; | ||
THENCE, NORTH 88 DEGREES 59 MINUTES 45 SECONDS EAST, WITH THE | ||
GENERAL DIRECTION OF SAID CENTERLINE OF SAID PUBLIC ROAD, A | ||
DISTANCE OF 839.41 FEET TO A 1/2" IRON ROD WITH YELLOW PLASTIC CAP | ||
STAMPED "RPLS 5433" FOUND FOR AND ELL CORNER OF SAID 185.677 ACRE | ||
TRACT, SAID POINT BEING ON THE WEST LINE OF A 51.465 ACRE TRACT OF | ||
LAND CONVEYED BY DEED TO CHALLENGE MOTOR SPORTS, L.P., RECORDED IN | ||
VOLUME 4224, PAGE 225, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, | ||
TEXAS; | ||
THENCE, SOUTH 01 DEGREES 09 MINUTES 35 SECONDS WEST, ALONG SAID WEST | ||
LINE, A DISTANCE OF 18.26 FEET TO A 1/2" IRON ROD FOUND FOR AN ELL | ||
CORNER OF SAID 185.677 ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF | ||
SAID 51.465 ACRE TRACT; | ||
THENCE, NORTH 87 DEGREES 42 MINUTES 40 SECONDS EAST, ALONG THE NORTH | ||
LINE OF SAID 185.677 ACRE TRACT AND THE SOUTH LINE OF SAID 51.465 | ||
ACRE TRACT, A DISTANCE OF 1953.64 FEET TO A 1/2" IRON ROD FOUND FOR | ||
CORNER; | ||
THENCE, NORTH 88 DEGREES 42 MINUTES 58 SECONDS EAST, CONTINUING | ||
ALONG SAID NORTH LINE OF 185.677 ACRE TRACT, A DISTANCE OF 664.80 | ||
FEET TO A 1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433" | ||
FOUND FOR THE NORTHEAST CORNER OF SAID 185.677 ACRE TRACT, SAID | ||
POINT BEING THE ELL CORNER OF A 10.001 ACRE TRACT CONVEYED TO JESSE | ||
WHITTINGTON, RECORDED IN VOLUME 4272, PAGE 659, OFFICIAL PUBLIC | ||
RECORDS, GRAYSON COUNTY, TEXAS; | ||
THENCE, ALONG THE EAST LINE OF SAID 185.677 ACRE TRACT, THE | ||
FOLLOWING COURSES AND DISTANCES | ||
SOUTH 00 DEGREES 27 MINUTES 48 SECONDS EAST, ALONG THE WEST | ||
LINE OF SAID 10.001 ACRE TRACT, A DISTANCE OF 413.59 FEET TO A | ||
1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433" | ||
FOUND FOR CORNER, SAID POINT BEING THE SOUTHWEST CORNER OF | ||
SAID 10.001 ACRE TRACT AND THE NORTHWEST CORNER OF A 136.85 | ||
ACRE TRACT OF LAND CONVEYED BY DEED TO SUTTER INVESTMENTS, | ||
L.P., RECORDED IN VOLUME 4224, PAGE 231, OFFICIAL PUBLIC | ||
RECORDS, GRAYSON COUNTY, TEXAS; | ||
SOUTH 00 DEGREES 46 MINUTES 35 SECONDS EAST, ALONG THE WEST | ||
LINE OF SAID 136.85 ACRE TRACT, A DISTANCE OF 2334.85 FEET TO | ||
A 1" IRON PIPE FOUND FOR CORNER, SAID POINT BEING THE | ||
SOUTHWEST CORNER OF SAID 136.85 ACRE TRACT AND THE NORTHWEST | ||
CORNER OF 15.00 ACRE TRACT OF LAND CONVEYED BY DEED TO BILLY | ||
LYNN, RECORDED IN VOLUME 1462, PAGE 390, DEED RECORDS, | ||
GRAYSON COUNTY, TEXAS; | ||
SOUTH 00 DEGREES 04 MINUTES 17 SECONDS WEST, ALONG THE WEST | ||
LINE OF SAID 15.00 ACRE TRACT, A DISTANCE OF 510.69 FEET TO A | ||
1/2" SQUARE IRON ROD FOUND FOR CORNER, SAID POINT BEING THE | ||
SOUTHWEST CORNER OF SAID 15.00 ACRE TRACT AND THE NORTHWEST | ||
CORNER OF A 16.866 ACRE TRACT OF LAND CONVEYED BY DEED TO | ||
JAMES D. HOOVER, RECORDED IN VOLUME 3245, PAGE 578, OFFICIAL | ||
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID POINT ALSO LYING | ||
NEAR THE CENTER OF A PUBLIC ROAD KNOWN AS COBLER ROAD; | ||
SOUTH 00 DEGREES 23 MINUTES 38 SECONDS EAST, ALONG THE WEST | ||
LINE OF SAID 16.866 ACRE TRACT AND WITH THE GENERAL DIRECTION | ||
OF THE CENTERLINE OF COBLER ROAD, A DISTANCE OF 407.48 FEET TO | ||
A 1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433" | ||
FOUND FOR THE SOUTHWEST CORNER OF SAID 185.677 ACRE TRACT, | ||
SAID POINT BEING AT THE INTERSECTION OF SAID COBLER ROAD AND A | ||
PUBLIC ROAD KNOWN AS MINNIS ROAD; | ||
THENCE, SOUTH 89 DEGREES 02 MINUTES 11 SECONDS WEST, ALONG THE SOUTH | ||
LINE OF SAID 185.677 ACRE TRACT AND WITH THE GENERAL DIRECTION OF | ||
SAID COBLER ROAD, A DISTANCE OF 1748.05 FEET TO A 1/2" IRON ROD | ||
FOUND FOR CORNER; THE SOUTHWEST CORNER OF SAID 185.677 ACRE TRACT | ||
AND THE SOUTHEAST CORNER OF A 33.04 ACRE TRACT OF LAND CONVEYED BY | ||
DEED TO THOMAS W. BYROM, SR., RECORDED IN 3117, PAGE 40, OFFICIAL | ||
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; | ||
THENCE, NORTH 00 DEGREES 49 MINUTES 46 SECONDS WEST, ALONG THE | ||
COMMON WEST LINE OF SAID 185.677 ACRE TRACT AND THE EAST LINE OF | ||
SAID 33.04 ACRE TRACT, A DISTANCE OF 2562.49 FEET TO A 1/2" IRON ROD | ||
FOUND FOR THE NORTHEAST CORNER OF SAID 33.04 ACRE TRACT AND THE | ||
SOUTHEAST CORNER OF A 12.352 ACRE TRACT OF LAND CONVEYED BY DEED TO | ||
THE MILDRED L. BROWN REVOCABLE TRUST, RECORDED IN VOLUME 3194, PAGE | ||
344, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; | ||
THENCE, NORTH 01 DEGREES 43 MINUTES 38 SECONDS WEST, CONTINUING | ||
ALONG THE WEST LINE OF SAID 185.677 ACRE TRACT AND THE COMMON EAST | ||
LINE OF SAID 12.352 ACRE TRACT, A DISTANCE OF 103.58 FEET TO A 1/2" | ||
IRON ROD FOUND FOR AND INTERIOR ELL CORNER OF SAID 185.677 ACRE | ||
TRACT AND THE NORTHEAST CORNER OF SAID 12.352 ACRE TRACT; | ||
THENCE, SOUTH 88 DEGREES 06 MINUTES 00 SECONDS WEST, ALONG THE | ||
COMMON SOUTH LINE OF SAID 185.677 ACRE TRACT AND THE NORTH LINE OF | ||
SAID 12.352 ACRE TRACT, A DISTANCE OF 1695.09 FEET; TO THE POINT OF | ||
BEGINNING AND CONTAINING 185.677 ACRES LAND, MORE OR LESS. | ||
TRACT 4 | ||
BEING A 207.484 ACRE TRACT OF LAND SITUATED IN THE SAMUEL GILMAN | ||
SURVEY, ABSTRACT NO. 456 AND THE S. PRATHER SURVEY, ABSTRACT NO. | ||
934, GRAYSON COUNTY, TEXAS, AND BEING ALL OF A 207.51 ACRE TRACT OF | ||
LAND, CONVEYED AS TRACT 1 TO WALTON TEXAS, L.P., BY DEED RECORDED IN | ||
VOLUME 4861, PAGE 258, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, | ||
TEXAS, SAID 207.484 ACRE TRACT, WITH BEARING BASIS BEING GRID | ||
NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 | ||
(CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS BETWEEN | ||
JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, CALCULATED FROM | ||
COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP (PID-DF8986), | ||
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
BEGINNING AT A 1/2" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID | ||
207.484 ACRE TRACT, SAID POINT BEING THE NORTHEAST CORNER OF A | ||
130.028 ACRE TRACT OF LAND CONVEYED BY DEED TO LITTLE CREEK | ||
INVESTMENTS, L.P., RECORDED IN VOLUME 3751, PAGE 802, OFFICIAL | ||
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID POINT BEING ON THE WEST | ||
LINE OF F.M. HIGHWAY NO. 902 (A 100 FOOT RIGHT-OF-WAY) AND IN A | ||
PUBLIC ROAD KNOWN AS SPRING CREEK ROAD; | ||
THENCE, SOUTH 89 DEGREES 47 MINUTES 51 SECONDS WEST, ALONG THE | ||
COMMON SOUTH LINE OF SAID 207.484 ACRE TRACT AND THE NORTH LINE OF | ||
SAID 130.028 ACRE TRACT, A DISTANCE OF 1751.93 FEET TO A 1/2" IRON | ||
ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 3688" FOUND FOR THE | ||
SOUTHWEST CORNER OF SAID 207.484 ACRE TRACT AND THE SOUTHEAST | ||
CORNER OF A 20.992 ACRE TRACT OF LAND CONVEYED BY DEED TO JOHN | ||
DANIEL BROWN JR. AND TWALLA Y. BROWN RECORDED IN VOLUME 4292, PAGE | ||
423, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; | ||
THENCE, NORTH 00 DEGREES 57 MINUTES 18 SECONDS EAST, ALONG THE | ||
COMMON WEST LINE OF SAID 207.484 ACRE TRACT AND THE EAST LINE OF | ||
SAID 20.992 ACRE TRACT, A DISTANCE OF 880.65 FEET TO A 1/2" IRON ROD | ||
WITH FOUND FOR AN INTERIOR ELL CORNER OF SAID 207.484 ACRE TRACT AND | ||
THE NORTHEAST CORNER OF SAID 20.992 ACRE TRACT; | ||
THENCE, SOUTH 88 DEGREES 18 MINUTES 15 SECONDS WEST, ALONG THE | ||
COMMON SOUTH LINE OF SAID 207.484 ACRE TRACT AND THE NORTH LINE OF | ||
SAID 20.992 ACRE TRACT AND THE NORTH LINES OF A 9.000 ACRE TRACT OF | ||
LAND CONVEYED BY DEED TO JONATHAN L. HACKETT, RECORDED IN VOLUME | ||
3909, PAGE 579, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; A | ||
5.334 ACRE TRACT OF LAND CONVEYED BY DEED TO TIMOTHY A GARBACIK AND | ||
DEBBIE J. GARBACIK RECORDED IN VOLUME 3570, PAGE 885, OFFICIAL | ||
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; AND A 13.000 ACRE TRACT OF | ||
LAND CONVEYED BY DEED TO DOYLE ALAN COULTER, RECORDED IN VOLUME | ||
3356, PAGE 501, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; A | ||
DISTANCE OF 2631.70 FEET TO A 1/2" IRON ROD FOUND FOR THE SOUTHWEST | ||
CORNER OF SAID 207.484 ACRE TRACT AND THE NORTHWEST CORNER OF SAID | ||
13.000 ACRE TRACT AND BEING ON THE EAST LINE OF A TRACT OF LAND | ||
CONVEYED BY WILL TO NANCY L. LINDSAY, RECORDED IN VOLUME 4039, PAGE | ||
877, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; | ||
THENCE, NORTH 01 DEGREES 06 MINUTES 22 SECONDS EAST, ALONG THE | ||
COMMON WEST LINE OF SAID 207.484 ACRE TRACT AND THE EAST LINE OF | ||
SAID LINDSAY TRACT, A DISTANCE OF 518.13 FEET TO A 60D NAIL FOUND IN | ||
FENCE POST FOR A NORTHWEST CORNER OF SAID 207.484 ACRE TRACT AND | ||
BEING THE SOUTHWEST CORNER OF A 78.974 ACRE TRACT OF LAND CONVEYED | ||
BY DEED TO TOW W. PINGLETON RECORDED IN VOLUME 4042, PAGE 73, | ||
OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; | ||
THENCE, SOUTH 89 DEGREES 59 MINUTES 22 SECONDS EAST, ALONG THE | ||
COMMON NORTH LINE OF SAID 78.974 ACRE TRACT, A DISTANCE OF 409.90 | ||
FEET TO A 1/2" IRON ROD FOUND FOR AND INTERIOR ELL CORNER OF SAID | ||
207.484 ACRE TRACT AND THE SOUTHEAST CORNER OF SAID 78.974 ACRE | ||
TRACT; | ||
THENCE, NORTH 01 DEGREES 11 MINUTES 10 SECONDS EAST, ALONG THE | ||
COMMON WEST LINE OF SAID 207.484 TRACT AND THE EAST LINE OF SAID | ||
78.974 ACRE TRACT, A DISTANCE OF 1352.83 FEET TO A 1/2" IRON ROD | ||
WITH PLASTIC CAP STAMPED "COX4577" FOUND FOR THE NORTHWEST CORNER | ||
OF SAID 207.484 ACRE TRACT; | ||
THENCE, NORTH 88 DEGREES 22 MINUTES 08 SECONDS EAST, ALONG THE NORTH | ||
LINE OF SAID 207.484 ACRE TRACT, A DISTANCE OF 3816.13 FEET TO A | ||
5/8" IRON ROD WITH PLASTIC CAP STAMPED "PEISER SUR" FOUND FOR THE | ||
NORTHEAST CORNER OF SAID 207.484 ACRE TRACT, SAID POINT BEING ON THE | ||
AFORESAID WEST LINE OF F.M. HIGHWAY 902 AND BEING THE BEGINNING OF A | ||
NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 16 DEGREES | ||
45 MINUTES 31 SECONDS, A RADIUS OF 1860.00 FEET, AND A LONG CHORD | ||
THAT BEARS SOUTH 08 DEGREES 38 MINUTES 43 SECONDS EAST, A DISTANCE | ||
OF 542.10 FEET; | ||
THENCE, ALONG SAID NON-TANGENT CURVE TO THE RIGHT AND THE COMMON | ||
EAST LINE OF SAID 207.484 ACRE TRACT AND SAID WEST LINE OF F.M. | ||
HIGHWAY 902, AN ARC DISTANCE OF 544.04 FEET TO A 5/8" IRON ROD WITH | ||
PLASTIC CAP STAMPED "PEISER SUR" FOUND FOR CORNER; | ||
THENCE, SOUTH 00 DEGREES 36 MINUTES 33 SECONDS EAST, CONTINUING | ||
ALONG SAID COMMON LINE, A DISTANCE OF 2239.76 FEET TO THE POINT OF | ||
BEGINNING AND CONTAINING 207.484 ACRES LAND, MORE OR LESS. | ||
SECTION 3.03. (a) The legal notice of the intention to | ||
introduce this article, setting forth the general substance of this | ||
article, has been published as provided by law, and the notice and a | ||
copy of this article have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and article to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this article with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this article are | ||
fulfilled and accomplished. | ||
SECTION 3.04. (a) Section 8249.106, Special District Local | ||
Laws Code, as added by Section 3.01 of this article, takes effect | ||
only if this Act receives a two-thirds vote of all the members | ||
elected to each house. | ||
(b) If this Act does not receive a two-thirds vote of all the | ||
members elected to each house, Subchapter C, Chapter 8249, Special | ||
District Local Laws Code, as added by Section 3.01 of this article, | ||
is amended by adding Section 8249.106 to read as follows: | ||
Sec. 8249.106. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(c) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Section 17(c), | ||
Article I, Texas Constitution. | ||
SECTION 3.05. Except as provided by Section 3.04 of this | ||
article, this article takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 534 was passed by the House on April | ||
7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 534 on May 24, 2011, by the following vote: Yeas 142, Nays 0, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 534 was passed by the Senate, with | ||
amendments, on May 21, 2011, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |