4 | 10 | | AN ACT |
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5 | 11 | | relating to the creation of the Blue Meadow Municipal Utility |
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6 | 12 | | District No. 1 of Collin County; granting a limited power of eminent |
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7 | 13 | | domain; providing authority to issue bonds; providing authority to |
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8 | 14 | | impose assessments, fees, and taxes. |
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9 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 16 | | SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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11 | 17 | | Code, is amended by adding Chapter 7929A to read as follows: |
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12 | 18 | | CHAPTER 7929A. BLUE MEADOW MUNICIPAL UTILITY DISTRICT NO. 1 OF |
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13 | 19 | | COLLIN COUNTY |
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14 | 20 | | SUBCHAPTER A. GENERAL PROVISIONS |
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15 | 21 | | Sec. 7929A.0101. DEFINITIONS. In this chapter: |
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16 | 22 | | (1) "Board" means the district's board of directors. |
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17 | 23 | | (2) "Commission" means the Texas Commission on |
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18 | 24 | | Environmental Quality. |
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19 | 25 | | (3) "Director" means a board member. |
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20 | 26 | | (4) "District" means the Blue Meadow Municipal Utility |
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21 | 27 | | District No. 1 of Collin County. |
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22 | 28 | | Sec. 7929A.0102. NATURE OF DISTRICT. The district is a |
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23 | 29 | | municipal utility district created under Section 59, Article XVI, |
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24 | 30 | | Texas Constitution. |
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25 | 31 | | Sec. 7929A.0103. CONFIRMATION AND DIRECTOR ELECTION |
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26 | 32 | | REQUIRED. The temporary directors shall hold an election to |
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27 | 33 | | confirm the creation of the district and to elect five permanent |
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28 | 34 | | directors as provided by Section 49.102, Water Code. |
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29 | 35 | | Sec. 7929A.0104. CONDITIONS PRECEDENT TO CONFIRMATION |
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30 | 36 | | ELECTION. (a) The temporary directors may not hold an election |
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31 | 37 | | under Section 7929A.0103 until: |
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32 | 38 | | (1) each municipality in whose corporate limits or |
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33 | 39 | | extraterritorial jurisdiction the district is located has |
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34 | 40 | | consented by ordinance or resolution to the creation of the |
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35 | 41 | | district and to the inclusion of land in the district; and |
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36 | 42 | | (2) the district has entered into a contract with a |
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37 | 43 | | municipality, Collin County, or another entity: |
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38 | 44 | | (A) for adequate supplemental police, fire, |
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39 | 45 | | emergency, and animal control services for the district; and |
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40 | 46 | | (B) that is approved by the Commissioners Court |
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41 | 47 | | of Collin County under Subsection (c). |
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42 | 48 | | (b) A contract under Subsection (a) may include a provision |
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43 | 49 | | that the contract takes effect only on the approval of the |
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44 | 50 | | Commissioners Court of Collin County and the voters in the district |
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45 | 51 | | voting in an election held for that purpose. |
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46 | 52 | | (c) The Commissioners Court of Collin County shall review a |
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47 | 53 | | contract under Subsection (a) and evaluate the supplemental police, |
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48 | 54 | | fire, emergency, and animal control services provided in the |
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49 | 55 | | contract. If the commissioners court determines that the contract |
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50 | 56 | | provides adequate services, the commissioners court shall adopt a |
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51 | 57 | | resolution stating that the contract has met the requirements of |
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52 | 58 | | Subsection (a). |
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53 | 59 | | Sec. 7929A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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54 | 60 | | (a) The district is created to serve a public purpose and benefit. |
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55 | 61 | | (b) The district is created to accomplish the purposes of: |
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56 | 62 | | (1) a municipal utility district as provided by |
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57 | 63 | | general law and Section 59, Article XVI, Texas Constitution; and |
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58 | 64 | | (2) Section 52, Article III, Texas Constitution, that |
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59 | 65 | | relate to the construction, acquisition, improvement, operation, |
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60 | 66 | | or maintenance of macadamized, graveled, or paved roads, or |
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61 | 67 | | improvements, including storm drainage, in aid of those roads. |
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62 | 68 | | Sec. 7929A.0106. INITIAL DISTRICT TERRITORY. (a) The |
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63 | 69 | | district is initially composed of the territory described by |
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64 | 70 | | Section 2 of the Act enacting this chapter. |
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65 | 71 | | (b) The boundaries and field notes contained in Section 2 of |
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66 | 72 | | the Act enacting this chapter form a closure. A mistake made in the |
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67 | 73 | | field notes or in copying the field notes in the legislative process |
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68 | 74 | | does not affect the district's: |
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69 | 75 | | (1) organization, existence, or validity; |
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70 | 76 | | (2) right to issue any type of bond for the purposes |
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71 | 77 | | for which the district is created or to pay the principal of and |
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72 | 78 | | interest on a bond; |
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73 | 79 | | (3) right to impose a tax; or |
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74 | 80 | | (4) legality or operation. |
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75 | 81 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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76 | 82 | | Sec. 7929A.0201. GOVERNING BODY; TERMS. (a) The district |
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77 | 83 | | is governed by a board of five elected directors. |
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78 | 84 | | (b) Except as provided by Section 7929A.0202, directors |
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79 | 85 | | serve staggered four-year terms. |
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80 | 86 | | Sec. 7929A.0202. TEMPORARY DIRECTORS. (a) The temporary |
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81 | 87 | | board consists of: |
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82 | 88 | | (1) Philip Tomlinson; |
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83 | 89 | | (2) Ben Nieswiadomy; |
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84 | 90 | | (3) Wil Walters; |
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85 | 91 | | (4) Connor Campbell; and |
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86 | 92 | | (5) Bryce Garoutte. |
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87 | 93 | | (b) Temporary directors serve until the earlier of: |
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88 | 94 | | (1) the date permanent directors are elected under |
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89 | 95 | | Section 7929A.0103; or |
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90 | 96 | | (2) the fourth anniversary of the effective date of |
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91 | 97 | | the Act enacting this chapter. |
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92 | 98 | | (c) If permanent directors have not been elected under |
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93 | 99 | | Section 7929A.0103 and the terms of the temporary directors have |
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94 | 100 | | expired, successor temporary directors shall be appointed or |
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95 | 101 | | reappointed as provided by Subsection (d) to serve terms that |
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96 | 102 | | expire on the earlier of: |
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97 | 103 | | (1) the date permanent directors are elected under |
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98 | 104 | | Section 7929A.0103; or |
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99 | 105 | | (2) the fourth anniversary of the date of the |
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100 | 106 | | appointment or reappointment. |
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101 | 107 | | (d) If Subsection (c) applies, the owner or owners of a |
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102 | 108 | | majority of the assessed value of the real property in the district |
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103 | 109 | | may submit a petition to the commission requesting that the |
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104 | 110 | | commission appoint as successor temporary directors the five |
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105 | 111 | | persons named in the petition. The commission shall appoint as |
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106 | 112 | | successor temporary directors the five persons named in the |
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107 | 113 | | petition. |
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108 | 114 | | SUBCHAPTER C. POWERS AND DUTIES |
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109 | 115 | | Sec. 7929A.0301. GENERAL POWERS AND DUTIES. The district |
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110 | 116 | | has the powers and duties necessary to accomplish the purposes for |
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111 | 117 | | which the district is created. |
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112 | 118 | | Sec. 7929A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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113 | 119 | | DUTIES. The district has the powers and duties provided by the |
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114 | 120 | | general law of this state, including Chapters 49 and 54, Water Code, |
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115 | 121 | | applicable to municipal utility districts created under Section 59, |
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116 | 122 | | Article XVI, Texas Constitution. |
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117 | 123 | | Sec. 7929A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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118 | 124 | | Section 52, Article III, Texas Constitution, the district may |
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119 | 125 | | design, acquire, construct, finance, issue bonds for, improve, |
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120 | 126 | | operate, maintain, and convey to this state, a county, or a |
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121 | 127 | | municipality for operation and maintenance macadamized, graveled, |
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122 | 128 | | or paved roads, or improvements, including storm drainage, in aid |
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123 | 129 | | of those roads. |
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124 | 130 | | Sec. 7929A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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125 | 131 | | road project must meet all applicable construction standards, |
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126 | 132 | | zoning and subdivision requirements, and regulations of each |
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127 | 133 | | municipality in whose corporate limits or extraterritorial |
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128 | 134 | | jurisdiction the road project is located. |
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129 | 135 | | (b) If a road project is not located in the corporate limits |
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130 | 136 | | or extraterritorial jurisdiction of a municipality, the road |
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131 | 137 | | project must meet all applicable construction standards, |
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132 | 138 | | subdivision requirements, and regulations of each county in which |
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133 | 139 | | the road project is located. |
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134 | 140 | | (c) If the state will maintain and operate the road, the |
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135 | 141 | | Texas Transportation Commission must approve the plans and |
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136 | 142 | | specifications of the road project. |
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137 | 143 | | Sec. 7929A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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138 | 144 | | ORDINANCE OR RESOLUTION. The district shall comply with all |
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139 | 145 | | applicable requirements of any ordinance or resolution that is |
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140 | 146 | | adopted under Section 54.016 or 54.0165, Water Code, and that |
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141 | 147 | | consents to the creation of the district or to the inclusion of land |
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142 | 148 | | in the district. |
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143 | 149 | | Sec. 7929A.0306. DIVISION OF DISTRICT. (a) The district |
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144 | 150 | | may be divided into two or more new districts only if the district: |
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145 | 151 | | (1) has no outstanding bond debt; and |
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146 | 152 | | (2) is not imposing ad valorem taxes. |
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147 | 153 | | (b) This chapter applies to any new district created by |
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148 | 154 | | division of the district, and a new district has all the powers and |
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149 | 155 | | duties of the district. |
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150 | 156 | | (c) A new district created by the division of the district |
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151 | 157 | | may not, at the time the new district is created, contain any land |
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152 | 158 | | outside the area described by Section 2 of the Act enacting this |
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153 | 159 | | chapter. |
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154 | 160 | | (d) The board, on its own motion or on receipt of a petition |
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155 | 161 | | signed by the owner or owners of a majority of the assessed value of |
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156 | 162 | | the real property in the district, may adopt an order dividing the |
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157 | 163 | | district. |
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158 | 164 | | (e) The board may adopt an order dividing the district |
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159 | 165 | | before or after the date the board holds an election under Section |
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160 | 166 | | 7929A.0103 to confirm the district's creation. |
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161 | 167 | | (f) An order dividing the district shall: |
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162 | 168 | | (1) name each new district; |
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163 | 169 | | (2) include the metes and bounds description of the |
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164 | 170 | | territory of each new district; |
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165 | 171 | | (3) appoint temporary directors for each new district; |
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166 | 172 | | and |
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167 | 173 | | (4) provide for the division of assets and liabilities |
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168 | 174 | | between the new districts. |
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169 | 175 | | (g) On or before the 30th day after the date of adoption of |
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170 | 176 | | an order dividing the district, the district shall file the order |
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171 | 177 | | with the commission and record the order in the real property |
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172 | 178 | | records of each county in which the district is located. |
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173 | 179 | | (h) Any new district created by the division of the district |
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174 | 180 | | shall hold a confirmation and directors' election as required by |
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175 | 181 | | Section 7929A.0103. If the voters of a new district do not confirm |
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176 | 182 | | the creation of the new district, the assets, obligations, |
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177 | 183 | | territory, and governance of the new district revert to the |
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178 | 184 | | original district. |
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179 | 185 | | (i) Municipal consent to the creation of the district and to |
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180 | 186 | | the inclusion of land in the district granted under Section |
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181 | 187 | | 7929A.0104 acts as municipal consent to the creation of any new |
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182 | 188 | | district created by the division of the district and to the |
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183 | 189 | | inclusion of land in the new district. |
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184 | 190 | | (j) Any new district created by the division of the district |
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185 | 191 | | must hold an election as required by this chapter to obtain voter |
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186 | 192 | | approval before the district may impose a maintenance tax or issue |
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187 | 193 | | bonds payable wholly or partly from ad valorem taxes. |
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188 | 194 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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189 | 195 | | Sec. 7929A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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190 | 196 | | The district may issue, without an election, bonds and other |
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191 | 197 | | obligations secured by: |
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192 | 198 | | (1) revenue other than ad valorem taxes; or |
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193 | 199 | | (2) contract payments described by Section |
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194 | 200 | | 7929A.0403. |
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195 | 201 | | (b) The district must hold an election in the manner |
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196 | 202 | | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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197 | 203 | | before the district may impose an ad valorem tax or issue bonds |
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198 | 204 | | payable from ad valorem taxes. |
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199 | 205 | | (c) The district may not issue bonds payable from ad valorem |
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200 | 206 | | taxes to finance a road project unless the issuance is approved by a |
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201 | 207 | | vote of a two-thirds majority of the district voters voting at an |
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202 | 208 | | election held for that purpose. |
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203 | 209 | | Sec. 7929A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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204 | 210 | | authorized at an election held under Section 7929A.0401, the |
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205 | 211 | | district may impose an operation and maintenance tax on taxable |
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206 | 212 | | property in the district in accordance with Section 49.107, Water |
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207 | 213 | | Code. |
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208 | 214 | | (b) The board shall determine the tax rate. The rate may not |
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209 | 215 | | exceed the rate approved at the election. |
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210 | 216 | | Sec. 7929A.0403. CONTRACT TAXES. (a) In accordance with |
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211 | 217 | | Section 49.108, Water Code, the district may impose a tax other than |
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212 | 218 | | an operation and maintenance tax and use the revenue derived from |
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213 | 219 | | the tax to make payments under a contract after the provisions of |
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214 | 220 | | the contract have been approved by a majority of the district voters |
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215 | 221 | | voting at an election held for that purpose. |
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216 | 222 | | (b) A contract approved by the district voters may contain a |
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217 | 223 | | provision stating that the contract may be modified or amended by |
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218 | 224 | | the board without further voter approval. |
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219 | 225 | | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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220 | 226 | | Sec. 7929A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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221 | 227 | | OBLIGATIONS. The district may issue bonds or other obligations |
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222 | 228 | | payable wholly or partly from ad valorem taxes, impact fees, |
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223 | 229 | | revenue, contract payments, grants, or other district money, or any |
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224 | 230 | | combination of those sources, to pay for any authorized district |
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225 | 231 | | purpose. |
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226 | 232 | | Sec. 7929A.0502. TAXES FOR BONDS. At the time the district |
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227 | 233 | | issues bonds payable wholly or partly from ad valorem taxes, the |
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228 | 234 | | board shall provide for the annual imposition of a continuing |
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229 | 235 | | direct ad valorem tax, without limit as to rate or amount, while all |
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230 | 236 | | or part of the bonds are outstanding as required and in the manner |
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231 | 237 | | provided by Sections 54.601 and 54.602, Water Code. |
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232 | 238 | | Sec. 7929A.0503. BONDS FOR ROAD PROJECTS. At the time of |
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233 | 239 | | issuance, the total principal amount of bonds or other obligations |
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234 | 240 | | issued or incurred to finance road projects and payable from ad |
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235 | 241 | | valorem taxes may not exceed one-fourth of the assessed value of the |
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236 | 242 | | real property in the district. |
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237 | 243 | | SECTION 2. The Blue Meadow Municipal Utility District No. 1 |
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238 | 244 | | of Collin County initially includes all the territory contained in |
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239 | 245 | | the following area: |
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240 | 246 | | BEING all that tract of land in Collin County, Texas, out of |
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241 | 247 | | the Jonathan Douthit Survey, A-251, and being part of that called |
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242 | 248 | | 196.345 acres, all of that called 169.531 acres, and part of that |
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243 | 249 | | called 79.452 acres of land described as Tract I, Tract 2, Tract 3, |
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244 | 250 | | respectively, in deed to Stonehollow Homes, LLC as recorded under |
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245 | 251 | | CC# 20170322000362630 of the Official Public Records of Collin |
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246 | 252 | | County, Texas, and being all of that called 75.012 acres of land |
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247 | 253 | | described in deed to Stonehollow Homes, LLC as recorded under CC# |
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248 | 254 | | 20170104000011010 of the Official Public Records of Collin County, |
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249 | 255 | | Texas, and being all of that called 37.530 acres of land in deed to |
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250 | 256 | | Stonehollow Homes, LLC as recorded under CC# 20170104000011020 of |
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251 | 257 | | the Official Public Records of Collin County, Texas, and being all |
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252 | 258 | | of that called 37.432 acres of land described in deed to Stonehollow |
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253 | 259 | | Homes, LLC as recorded under CC# 20170104000011000 of the Official |
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254 | 260 | | Public Records of Collin County, Texas, and being further described |
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255 | 261 | | as follows: |
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256 | 262 | | BEGINNING at a 5/8 inch steel rod found at a turn in County |
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257 | 263 | | Road No. 502, at the Southeast corner of said 196.345 acres, and at |
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258 | 264 | | the Southwest corner of that called 10.363 acres of land described |
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259 | 265 | | in deed to Byron Shelton and Sadie Shelton as recorded under CC# |
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260 | 266 | | 20190418000415530 of the Official Public Records of Collin County, |
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261 | 267 | | Texas; |
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262 | 268 | | THENCE North 89 degrees 50 minutes 47 seconds West, 99.86 |
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263 | 269 | | feet to a 5/8 inch steel rod set; |
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264 | 270 | | THENCE North 00 degrees 38 minutes 29 seconds East, 323.07 |
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265 | 271 | | feet to a 5/8 inch steel rod set; |
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266 | 272 | | THENCE North 89 degrees 21 minutes 31 seconds West, 2400.00 |
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267 | 273 | | feet to a 5/8 inch steel rod set; |
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268 | 274 | | THENCE South 00 degrees 38 minutes 29 seconds West, 300.00 |
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269 | 275 | | feet to a 5/8 inch steel rod set; |
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270 | 276 | | THENCE North 89 degrees 21 minutes 31 seconds West, 85.00 |
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271 | 277 | | feet to a 5/8 inch steel rod set; |
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272 | 278 | | THENCE North 00 degrees 38 minutes 29 seconds East, 300.00 |
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273 | 279 | | feet to a 5/8 inch steel rod set; |
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274 | 280 | | THENCE North 89 degrees 21 minutes 31 seconds West, 900.00 |
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275 | 281 | | feet to a 5/8 inch steel rod set; |
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276 | 282 | | THENCE South 00 degrees 38 minutes 29 seconds West, 300.00 |
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277 | 283 | | feet to a 5/8 inch steel rod set; |
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278 | 284 | | THENCE North 89 degrees 21 minutes 31 seconds West, 60.00 |
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279 | 285 | | feet to a 5/8 inch steel rod set; |
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280 | 286 | | THENCE North 00 degrees 38 minutes 29 seconds East, 300.00 |
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281 | 287 | | feet to a 5/8 inch steel rod set; |
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282 | 288 | | THENCE North 89 degrees 21 minutes 31 seconds West, 601.65 |
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283 | 289 | | feet to a 5/8 inch steel rod set; |
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284 | 290 | | THENCE South 00 degrees 19 minutes 52 seconds West, 340.05 |
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285 | 291 | | feet to a 5/8 inch steel rod set to a point in the center of County |
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286 | 292 | | Road No. 502; |
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287 | 293 | | THENCE North 88 degrees 46 minutes 28 seconds West, 50.01 |
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288 | 294 | | feet along the approximate center of said County Road No. 502 to a |
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289 | 295 | | 60d nail set at the Southwest corner of said 79.452 acres, and at |
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290 | 296 | | the Southeast corner of that called 6.000 acres of land described as |
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291 | 297 | | Tract I in deed to Alton W. Hopper as recorded under CC# |
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292 | 298 | | 20060407000462250 of the Official Public Records of Collin County, |
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293 | 299 | | Texas; |
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294 | 300 | | THENCE North 00 degrees 19 minutes 52 seconds East, 1291.43 |
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295 | 301 | | feet to a 1/2 inch steel rod found at the Westerly most Northwest |
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296 | 302 | | corner of said 79.452 acres, at the Northeast corner of that called |
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297 | 303 | | 11.621 acres of land described as Tract I in deed to Collin County |
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298 | 304 | | as recorded in Volume 5910, Page 3146 of the Land Records of Collin |
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299 | 305 | | County, Texas, and on the South line of that called 54 acres of land |
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300 | 306 | | described in deed to Kimberly Cantrell Wright as recorded under CC# |
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301 | 307 | | 20080516000598880 of the Official Public Records of Collin County, |
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302 | 308 | | Texas; |
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303 | 309 | | THENCE North 89 degrees 41 minutes 48 seconds East, 130.95 |
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304 | 310 | | feet to a 3/8 inch steel rod found at an ell corner of said 79.452 |
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305 | 311 | | acres, and at the Southeast corner of said 54 acres; |
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306 | 312 | | THENCE North 01 degrees 16 minutes 55 seconds East, 1623.59 |
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307 | 313 | | feet to a 1/2 inch steel rod found at the Northwest corner of said |
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308 | 314 | | 79.452 acres, at the Southwest corner of said 37.432 acres, at the |
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309 | 315 | | Southeast corner of said 37.530 acres, and at the Northeast corner |
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310 | 316 | | of said 54 acres; |
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311 | 317 | | THENCE North 89 degrees 54 minutes 28 seconds West, 730.81 |
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312 | 318 | | feet to a 5/8 inch steel rod set at the Southwest corner of said |
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313 | 319 | | 37.530 acres, and at the Southeast corner of that called 37.48 acres |
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314 | 320 | | of land described as Tract Two in deed to Justin Ray Armbrister and |
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315 | 321 | | Wendi Lynn Armbrister as recorded under CC# 20160104000002710 of |
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316 | 322 | | the Official Public Records of Collin County, Texas; |
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317 | 323 | | THENCE North 01 degrees 00 minutes 40 seconds West, 1219.81 |
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318 | 324 | | feet to a point on the South line of the Anna E.T.J.; |
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319 | 325 | | THENCE Northeasterly, 2067.03 feet along said South line of |
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320 | 326 | | Anna E.T.J. and a curve to the left having a radius of 5358.48 feet |
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321 | 327 | | and a central angle of 22 degrees 06 minutes 07 seconds (Chord bears |
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322 | 328 | | North 55 degrees 19 minutes 30 seconds East, 2054.24 feet) to a |
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323 | 329 | | point; |
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324 | 330 | | THENCE South 89 degrees 36 minutes 54 seconds East, 482.37 |
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325 | 331 | | feet to a 3/8 inch steel rod found at an ell corner of said 169.531 |
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326 | 332 | | acres, and at the Southeast corner of that called 25.05 acres of |
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327 | 333 | | land described in deed to Leroy W. Warren, Jr. and Linda F. Warren |
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328 | 334 | | as recorded under CC# 20070530000726310 of the Official Public |
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329 | 335 | | Records of Collin County, Texas; |
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330 | 336 | | THENCE North 00 degrees 56 minutes 06 seconds West, 191.40 |
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331 | 337 | | feet to a 1/2 inch steel rod found at a Northwest corner of said |
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332 | 338 | | 169.531 acres, and at the Southwest corner of that called 96.806 |
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333 | 339 | | acres of land described in deed to R&D Aycock, Ltd. as recorded in |
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334 | 340 | | Volume 5105, Page 2819 of the Land Records of Collin County, Texas; |
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335 | 341 | | THENCE South 88 degrees 31 minutes 34 seconds East, 1381.94 |
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336 | 342 | | feet to a 1/2 inch steel rod found at an ell corner of said 169.531 |
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337 | 343 | | acres, and at the Southeast corner of said 96.806 acres; |
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338 | 344 | | THENCE North 89 degrees 56 minutes 56 seconds East, 1325.67 |
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339 | 345 | | feet to a 5/8 inch steel rod set on the East line of said 75.012 |
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340 | 346 | | acres; |
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341 | 347 | | THENCE along the East line of said 75.012 acres as follows: |
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342 | 348 | | North 89 degrees 05 minutes 15 seconds East, 16.83 feet to a |
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343 | 349 | | 5/8 inch steel rod set; |
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344 | 350 | | South 02 degrees 35 minutes 43 seconds West, 1434.52 feet to a |
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345 | 351 | | 5/8 inch pipe found at the Southeast corner of said 75.012 acres, |
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346 | 352 | | and at the Northeast corner of that called 51.26 acres of land |
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347 | 353 | | described in deed to Joe Brent Cantrell as recorded under CC# |
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348 | 354 | | 96-0016857 of the Land Records of Collin County, Texas; |
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349 | 355 | | THENCE South 89 degrees 56 minutes 04 seconds West, 2009.91 |
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350 | 356 | | feet to a 1/2 inch steel rod found at an ell corner of said 169.531 |
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351 | 357 | | acres, and at the Northwest corner of said 51.26 acres; |
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352 | 358 | | THENCE South 00 degrees 05 minutes 52 seconds East, 1121.56 |
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353 | 359 | | feet to a 1/2 inch steel rod found at the Southerly most Southeast |
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354 | 360 | | corner of said 169.531 acres, and at the Southwest corner of said |
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355 | 361 | | 51.26 acres; |
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356 | 362 | | THENCE North 89 degrees 54 minutes 51 seconds East, 1960.98 |
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357 | 363 | | feet to a 5/8 inch steel rod set at the Northeast corner of said |
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358 | 364 | | 196.345 acres, and at the Southeast corner of said 51.26 acres; |
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359 | 365 | | THENCE South 00 degrees 50 minutes 54 seconds East, 85.79 |
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360 | 366 | | feet to a Bois d'arc post found at an angle point of said 196.345 |
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361 | 367 | | acres, and at the Northwest corner of that called 5.311 acres of |
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362 | 368 | | land described as Tract Two in deed to J.D. Horton and Linda K. |
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363 | 369 | | Horton as recorded under CC# 94-0004753 of the Land Records of |
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364 | 370 | | Collin County, Texas; |
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365 | 371 | | THENCE South 00 degrees 35 minutes 21 seconds West, 1835.45 |
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366 | 372 | | feet to a 5/8 inch steel rod set at centerline intersection of a |
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367 | 373 | | turn in County Road No. 502; |
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368 | 374 | | THENCE South 00 degrees 31 minutes 06 seconds East, 1013.39 |
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369 | 375 | | feet along the approximate center of said County Road No. 502 to the |
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370 | 376 | | POINT OF BEGINNING, containing 444.35 acres of land. |
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371 | 377 | | SECTION 3. (a) The legal notice of the intention to |
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372 | 378 | | introduce this Act, setting forth the general substance of this |
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373 | 379 | | Act, has been published as provided by law, and the notice and a |
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374 | 380 | | copy of this Act have been furnished to all persons, agencies, |
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375 | 381 | | officials, or entities to which they are required to be furnished |
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376 | 382 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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377 | 383 | | Government Code. |
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378 | 384 | | (b) The governor, one of the required recipients, has |
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379 | 385 | | submitted the notice and Act to the Texas Commission on |
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380 | 386 | | Environmental Quality. |
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381 | 387 | | (c) The Texas Commission on Environmental Quality has filed |
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382 | 388 | | its recommendations relating to this Act with the governor, the |
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383 | 389 | | lieutenant governor, and the speaker of the house of |
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384 | 390 | | representatives within the required time. |
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385 | 391 | | (d) All requirements of the constitution and laws of this |
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386 | 392 | | state and the rules and procedures of the legislature with respect |
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387 | 393 | | to the notice, introduction, and passage of this Act are fulfilled |
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388 | 394 | | and accomplished. |
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389 | 395 | | SECTION 4. (a) If this Act does not receive a two-thirds |
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390 | 396 | | vote of all the members elected to each house, Subchapter C, Chapter |
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391 | 397 | | 7929A, Special District Local Laws Code, as added by Section 1 of |
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392 | 398 | | this Act, is amended by adding Section 7929A.0307 to read as |
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393 | 399 | | follows: |
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394 | 400 | | Sec. 7929A.0307. NO EMINENT DOMAIN POWER. The district may |
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395 | 401 | | not exercise the power of eminent domain. |
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396 | 402 | | (b) This section is not intended to be an expression of a |
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397 | 403 | | legislative interpretation of the requirements of Section 17(c), |
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398 | 404 | | Article I, Texas Constitution. |
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399 | 405 | | SECTION 5. This Act takes effect immediately if it receives |
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400 | 406 | | a vote of two-thirds of all the members elected to each house, as |
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401 | 407 | | provided by Section 39, Article III, Texas Constitution. If this |
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402 | 408 | | Act does not receive the vote necessary for immediate effect, this |
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403 | 409 | | Act takes effect September 1, 2021. |
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