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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Spradley Farms Improvement District |
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of Kaufman County; providing the authority to issue bonds; |
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providing authority to impose assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle X, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 11014 to read as follows: |
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CHAPTER 11014. SPRADLEY FARMS IMPROVEMENT DISTRICT OF KAUFMAN |
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COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 11014.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Mesquite. |
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(3) "County" means Kaufman County. |
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(4) "Director" means a board member. |
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(5) "District" means the Spradley Farms Improvement |
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District of Kaufman County. |
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Sec. 11014.0102. NATURE OF DISTRICT. The district is a |
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special district created under Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 11014.0103. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city, the |
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county, and other political subdivisions to contract with the |
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district, the legislature has established a program to accomplish |
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the public purposes set out in Section 52-a, Article III, Texas |
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Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district and to accomplish the redevelopment of land |
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in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city or the county from providing the |
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level of services provided as of the effective date of the Act |
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enacting this chapter to the area in the district. The district is |
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created to supplement and not to supplant the city or county |
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services provided in the district. |
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Sec. 11014.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a residential community and business |
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center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways, parking facilities, and |
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conduit facilities and by landscaping and developing certain areas |
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in the district, which are necessary for the restoration, |
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preservation, and enhancement of scenic beauty; and |
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(4) provide for road, bridge, and recreational |
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facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street or road and are considered to be a |
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street or road improvement. |
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(f) The district may not provide, conduct, or authorize any |
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improvement project on the city streets, highways, rights-of-way, |
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or easements without the consent of the governing body of the city. |
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(g) Subject to any agreement between the district and the |
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city, the city may: |
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(1) by ordinance, order, or resolution require that |
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title to all or any portion of an improvement project vest in the |
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city; or |
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(2) by ordinance, order, or resolution or other |
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directive authorize the district to own, encumber, maintain, and |
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operate an improvement project, subject to the right of the city to |
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order a conveyance of the project to the city on a date determined |
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by the city. |
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(h) The district shall immediately comply with any city |
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ordinance, order, or resolution adopted under Subsection (g). |
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(i) For the purposes of this section, planning, design, |
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construction, improvement, and maintenance of a lake includes work |
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done for drainage, reclamation, or recreation. |
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(j) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 11014.0105. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to enter into contracts and to issue any type |
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of bonds for the purposes for which the district is created or to |
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pay the principal of and interest on bonds or obligations pursuant |
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to a contract; |
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(3) right to impose or collect an assessment or taxes |
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or any other revenue; or |
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(4) legality or operation. |
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Sec. 11014.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL |
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ZONES. (a) All or any part of the area of the district is eligible |
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to be included in: |
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(1) a tax increment reinvestment zone created by the |
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city under Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created by the |
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city under Chapter 312, Tax Code; or |
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(3) an enterprise zone created by the city under |
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Chapter 2303, Government Code. |
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(b) If the city creates a tax increment reinvestment zone |
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described by Subsection (a), the city and the board of directors of |
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the zone, by contract with the district, may grant money deposited |
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in the tax increment fund to the district to be used by the district |
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for the purposes permitted for money granted to a corporation under |
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Section 380.002(b), Local Government Code, and the district may |
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pledge the money as security for any bonds issued by the district |
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for an improvement project. |
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(c) A tax increment reinvestment zone created by the city |
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that includes all or any part of the area of the district is not |
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subject to the limitations provided by Section 311.006(a)(2)(A), |
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Tax Code. Taxable real property in a reinvestment zone in the |
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district is not included in the city's compliance with Section |
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311.006(a)(2), Tax Code, for any other reinvestment zone created by |
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the city. |
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Sec. 11014.0107. CONSTRUCTION OF CHAPTER. This chapter |
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shall be liberally construed in conformity with the findings and |
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purposes stated in this chapter. |
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Sec. 11014.0108. CONSENT OF CITY REQUIRED. (a) Except as |
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provided in Subsection (c), before the district may exercise any |
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powers under this chapter: |
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(1) the city must adopt an ordinance or resolution |
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consenting to the creation of the district and to the inclusion of |
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land in the district; and |
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(2) the district and the city must negotiate and |
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execute a mutually approved and accepted financing and operating |
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agreement authorizing and setting forth limitations on the issuance |
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of bonds by the district and regarding the development plans and |
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rules for the development and operation of the district and |
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financing of improvement projects and services. |
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(b) This chapter expires December 31, 2021, if the financing |
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and operating agreement is not executed by the district and the city |
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before that date. |
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(c) The board has the powers necessary, convenient, or |
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desirable to negotiate and execute a mutually approved and accepted |
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financing and operating agreement. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 11014.0201. GOVERNING BODY; TERMS. The district is |
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governed by a board of five directors who serve staggered terms of |
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four years, with two or three directors' terms expiring on June 1 of |
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each even-numbered year. |
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Sec. 11014.0202. APPOINTMENT OF DIRECTORS. (a) The board |
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shall recommend to the governing body of the city persons to serve |
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on the succeeding board. |
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(b) After reviewing the recommendations, the governing body |
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of the city shall approve or disapprove the directors recommended |
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by the board. A person is appointed if a majority of members of the |
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governing body of the city approve that person. |
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Sec. 11014.0203. VACANCY. (a) The governing body of the |
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city shall fill a vacancy on the board of directors for the |
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remainder of the unexpired term in the same manner described by |
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Section 11014.0202. |
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(b) If at any time there are fewer than three directors, the |
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governing body of the city shall appoint the necessary number of |
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directors who meet the qualifications prescribed by Section |
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11014.0204 to fill all board vacancies. |
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Sec. 11014.0204. ELIGIBILITY. To be qualified to serve as a |
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director, a person must be at least 18 years old and: |
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(1) a resident of the district; |
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(2) an owner of property in the district; |
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(3) an owner of stock, whether beneficial or |
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otherwise, of a corporate owner of property in the district; |
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(4) an owner of a beneficial interest in a trust that |
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owns property in the district; or |
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(5) an agent, employee, or tenant of a person covered |
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by Subdivision (2), (3), or (4). |
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Sec. 11014.0205. QUORUM. (a) For purposes of determining |
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the requirements for a quorum of the board, the following are not |
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counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; or |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest. |
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(b) A concurrence of a majority of a quorum of directors is |
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required for an official action at a meeting of the board. |
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Sec. 11014.0206. OFFICERS. The board shall elect from |
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among the directors a chair, a vice chair, a secretary, and an |
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assistant secretary. |
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Sec. 11014.0207. COMPENSATION. A director is entitled to |
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receive fees of office and reimbursement for actual expenses as |
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provided by Section 49.060, Water Code. |
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Sec. 11014.0208. INITIAL DIRECTORS. (a) The initial board |
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includes: |
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Pos. No. |
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Name of Director |
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(b) Of the initial directors, the terms of directors |
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appointed for positions 1 through 3 expire June 1, 2020, and the |
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terms of directors appointed for positions 4 and 5 expire June 1, |
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2022. |
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(c) This section expires September 1, 2022. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 11014.0301. GENERAL POWERS AND DUTIES. (a) The |
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district has the powers and duties necessary to accomplish the |
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purposes for which the district is created. |
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(b) The district has the powers and duties provided by: |
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(1) the general laws relating to conservation and |
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reclamation districts created under Section 59, Article XVI, Texas |
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Constitution, including Chapters 49 and 54, Water Code; |
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(2) the general laws relating to road districts and |
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road utility districts created under Section 52(b), Article III, |
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Texas Constitution, including Chapters 257 and 441, Transportation |
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Code; and |
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(3) the general laws relating to municipal management |
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districts created under Sections 52 and 52-a, Article III, and |
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Section 59, Article XVI, Texas Constitution, including Chapter 375, |
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Local Government Code. |
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(c) Sections 49.216 and 49.351, Water Code, do not apply to |
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the district. |
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Sec. 11014.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) |
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The district, using any money available to the district for the |
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purpose, may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service authorized under this chapter or Chapter 375, Local |
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Government Code. |
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(b) The district may contract with a governmental or private |
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entity to carry out an action under Subsection (a). |
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Sec. 11014.0303. AGREEMENTS; GRANTS. (a) As provided by |
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Chapter 375, Local Government Code, the district may make an |
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agreement with or accept a gift, grant, or loan from any person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 11014.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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The district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 11014.0305. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 11014.0306. CONDUIT FACILITIES. (a) The district may |
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finance, acquire, construct, improve, operate, maintain, or charge |
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a fee for the use of conduits for: |
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(1) fiber-optic cable and supporting facilities; |
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(2) electronic transmission and distribution lines |
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and supporting facilities; or |
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(3) other types of transmission and distribution lines |
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and supporting facilities. |
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(b) The district may not require a person to use a district |
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conduit for a purpose described by Subsection (a)(1) or another |
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telecommunications purpose. |
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Sec. 11014.0307. GENERAL POWERS REGARDING CONTRACTS. (a) |
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The district may: |
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(1) contract with any person to accomplish any |
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district purpose, including a contract for: |
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(A) the payment, repayment, or reimbursement of |
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costs incurred by that person on behalf of the district, including |
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all or part of the costs of an improvement project and interest on |
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the reimbursed cost; or |
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(B) the use, occupancy, lease, rental, |
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operation, maintenance, or management of all or part of a proposed |
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or existing improvement project; and |
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(2) apply for and contract with any person to receive, |
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administer, and perform a duty or obligation of the district under a |
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federal, state, local, or private gift, grant, loan, conveyance, |
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transfer, bequest, or other financial assistance arrangement |
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relating to the investigation, planning, analysis, study, design, |
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acquisition, construction, improvement, completion, |
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implementation, or operation by the district or others of a |
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proposed or existing improvement project. |
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(b) A contract the district enters into to carry out a |
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purpose of this chapter may be on any terms and for any period the |
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board determines, including a negotiable or nonnegotiable note or |
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warrant payable to the city, the county, or any other person. |
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(c) Any person may contract with the district to carry out |
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the purposes of this chapter without further statutory or other |
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authorization. |
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(d) A contract payable from ad valorem taxes for a period |
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longer than one year must be approved by the governing body of the |
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city. |
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Sec. 11014.0308. RULES; ENFORCEMENT. (a) The district may |
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adopt rules: |
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(1) to administer or operate the district; |
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(2) for the use, enjoyment, availability, protection, |
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security, and maintenance of the district's property and |
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facilities; or |
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(3) to provide for public safety and security in the |
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district. |
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(b) The district may enforce its rules by injunctive relief. |
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(c) To the extent a district rule, including a rule adopted |
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under Section 11014.0310, conflicts with a city code, ordinance, or |
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regulation, the more restrictive provision controls. |
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Sec. 11014.0309. NAME CHANGE. The board by resolution may |
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change the district's name on approval by the Texas Commission on |
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Environmental Quality. The board shall give written notice of the |
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change to the city. |
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Sec. 11014.0310. USE OF ROADWAY, PARK, OR OTHER PUBLIC AREA |
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OF DISTRICT. (a) The board by rule may regulate the private use of |
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a public roadway, open space, park, sidewalk, or similar public |
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area or facility in the district. A rule may provide for the safe |
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and orderly use of public roadways, open spaces, parks, sidewalks, |
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and similar public areas or facilities. |
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(b) The board may require a permit for a parade, |
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demonstration, celebration, entertainment event, or similar |
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nongovernmental activity in or on a public roadway, open space, |
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park, sidewalk, or similar public area or facility. The board may |
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charge a fee for the permit application or for public safety or |
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security services in an amount determined by the board. |
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(c) The board may require a permit or franchise agreement |
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with a vendor, concessionaire, exhibitor, or similar private or |
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commercial person or organization for the limited use of the area or |
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facility on terms and on payment of a permit or franchise fee the |
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board may impose. |
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Sec. 11014.0311. ADDING OR REMOVING TERRITORY. The board |
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may add or remove territory under Subchapter J, Chapter 49, and |
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Section 54.016, Water Code, except that: |
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(1) the addition or removal of the territory must be |
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approved by: |
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(A) the governing body of the city; and |
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(B) the owners of the territory being added or |
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removed; |
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(2) a reference to a tax in Subchapter J, Chapter 49, |
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or Section 54.016, Water Code, means an ad valorem tax; and |
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(3) territory may not be removed from the district if |
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bonds or other obligations of the district payable, wholly or |
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partly, from ad valorem taxes on the territory are outstanding. |
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Sec. 11014.0312. TERMS OF EMPLOYMENT; COMPENSATION. The |
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board may employ and establish the terms of employment and |
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compensation of an executive director or general manager and any |
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other district employees the board considers necessary. |
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Sec. 11014.0313. APPROVAL BY THE CITY. (a) The district |
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must obtain the approval of the city for: |
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(1) the plans and specifications of an improvement |
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project financed by bonds, notes, or other obligations; and |
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(2) the plans and specifications of an improvement |
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project related to the use of land owned by the city, an easement |
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granted by the city, or a right-of-way of a street, road, or |
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highway. |
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(b) City approval required under this section may be by an |
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administrative process that does not involve the city's governing |
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body, unless approval of the city's governing body is required by |
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federal, state, or local law, ordinance, or regulation. |
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(c) Sections 375.207(a) and (b), Local Government Code, do |
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not apply to the district. |
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Sec. 11014.0314. PUBLIC IMPROVEMENT DISTRICT POWERS. The |
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district has the powers provided by Chapter 372, Local Government |
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Code, to a municipality or county. |
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Sec. 11014.0315. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 11014.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of district money. |
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Sec. 11014.0402. PETITION REQUIRED FOR FINANCING SERVICES |
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AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for the county. |
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Sec. 11014.0403. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
|
by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. The |
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lien runs with the land and that portion of an assessment payment |
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that has not yet come due is not eliminated by foreclosure of an ad |
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valorem tax lien. |
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(d) The board may make a correction to or deletion from the |
|
assessment roll that does not increase the amount of assessment of |
|
any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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(e) Assessments may bear interest at a rate specified by the |
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board that may not exceed the interest rate permitted by Chapter |
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1204, Government Code. |
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Sec. 11014.0404. TAX AND ASSESSMENT ABATEMENTS. The |
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district may grant abatements of a district tax or assessment on |
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property in the district. |
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Sec. 11014.0405. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to an assessment |
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imposed by the district. |
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Sec. 11014.0406. GOVERNMENTAL ENTITIES; ASSESSMENTS. (a) |
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Property owned by a municipality, county, or other political |
|
subdivision is exempt from the payment of assessments levied under |
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this chapter. |
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(b) Section 375.162, Local Government Code, does not apply |
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to the district. |
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Sec. 11014.0407. GENERAL POWERS REGARDING FINANCIAL |
|
MATTERS. (a) The district may: |
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(1) impose an ad valorem tax on all taxable property in |
|
the district, including industrial, commercial, and residential |
|
property, to pay for an improvement project; |
|
(2) in addition to the authority granted to the |
|
district under Section 11014.0403, impose an assessment on property |
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in the district in the manner provided for: |
|
(A) a district under Subchapters A, E, and F, |
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Chapter 375, Local Government Code; or |
|
(B) a municipality or county under Subchapter A, |
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Chapter 372, Local Government Code; |
|
(3) provide or secure the payment or repayment of the |
|
costs and expenses of the establishment, administration, and |
|
operation of the district and the district's costs or share of the |
|
costs or revenue of an improvement project or district contractual |
|
obligation or debt by or through: |
|
(A) a lease, installment purchase contract, or |
|
other agreement with any person; |
|
(B) the imposition of a tax, assessment, user |
|
fee, concession fee, or rental charge; or |
|
(C) any other revenue or resources of the |
|
district; |
|
(4) establish user charges for the use of nonpotable |
|
water for irrigation purposes, subject to the approval of the |
|
governing body of the city; |
|
(5) undertake separately or jointly with other |
|
persons, including the city or the county, all or part of the cost |
|
of an improvement project, including an improvement project: |
|
(A) for improving, enhancing, and supporting |
|
public safety and security, fire protection and emergency medical |
|
services, and law enforcement in and adjacent to the district, |
|
subject to approval by the city; or |
|
(B) that confers a general benefit on the entire |
|
district or a special benefit on a definable part of the district; |
|
and |
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(6) enter into a tax abatement agreement in accordance |
|
with the general laws of this state authorizing and applicable to |
|
tax abatement agreements by municipalities. |
|
(b) Section 375.141, Local Government Code, does not apply |
|
to the district. The district may not adopt and enforce an impact |
|
fee described by Section 49.212(d), Water Code. |
|
SUBCHAPTER E. TAXES AND BONDS |
|
Sec. 11014.0501. ELECTIONS REGARDING TAXES AND BONDS. (a) |
|
The district may issue, without an election, bonds, notes, and |
|
other obligations secured by: |
|
(1) revenue other than ad valorem taxes, including |
|
assessment revenues; or |
|
(2) contract payments described by Section |
|
11014.0504. |
|
(b) The district must hold an election in the manner |
|
provided by Subchapter L, Chapter 375, Local Government Code, to |
|
obtain voter approval before the district may impose an ad valorem |
|
tax or issue bonds payable from ad valorem taxes. |
|
(c) Section 375.243, Local Government Code, does not apply |
|
to the district. |
|
(d) All or any part of any facilities or improvements that |
|
may be acquired by a district by the issuance of its bonds may be |
|
submitted as a single proposition or as several propositions to be |
|
voted on at the election. |
|
Sec. 11014.0502. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose, the district may impose an |
|
operation and maintenance tax on taxable property in the district |
|
in accordance with Section 49.107, Water Code, for any district |
|
purpose, including to: |
|
(1) maintain and operate the district; |
|
(2) construct or acquire improvements; or |
|
(3) provide a service. |
|
(b) The district may not impose a maintenance and operation |
|
tax unless the maximum tax rate is approved by the governing body of |
|
the city and a majority of the district voters voting at an election |
|
held for that purpose. If the maximum tax rate is approved, the |
|
board may impose the tax at any rate that does not exceed the |
|
approved rate. |
|
(c) A maintenance and operation tax election may be held at |
|
the same time and in conjunction with any other district election. |
|
The election may be called by a separate election order or as part |
|
of any other election order. |
|
(d) The proposition in a maintenance and operation tax |
|
election may be for a specific maximum rate or for an unlimited |
|
rate. |
|
Sec. 11014.0503. USE OF SURPLUS MAINTENANCE AND OPERATION |
|
MONEY. If the district has surplus maintenance and operation tax |
|
money that is not needed for the purposes for which it was |
|
collected, the money may be used for any authorized purpose. |
|
Sec. 11014.0504. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a 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. |
|
Sec. 11014.0505. AUTHORITY TO BORROW MONEY AND TO ISSUE |
|
OBLIGATIONS. (a) The district may borrow money on terms determined |
|
by the board. Section 375.205, Local Government Code, does not |
|
apply to a loan, line of credit, or other borrowing from a bank or |
|
financial institution secured by revenue other than ad valorem |
|
taxes. |
|
(b) The district, by competitive sale or negotiated sale, |
|
may issue bonds, notes, or other obligations payable wholly or |
|
partly from ad valorem taxes, assessments, revenue, contract |
|
payments, grants, or other district money, including money received |
|
under Section 11014.0106, or any combination of those sources of |
|
money, to pay for any authorized district purpose or improvement |
|
project, including for refunding bonds. |
|
(c) Bonds issued under this section may contain a pledge of |
|
assessment revenues from multiple assessments levied by the |
|
district for similar improvements on different phases of |
|
development within the district, and those assessments may be |
|
levied at different times. |
|
(d) In exercising the district's borrowing power, the |
|
district may issue a bond or other obligation in the form of a bond, |
|
note, certificate of participation or other instrument evidencing a |
|
proportionate interest in payments to be made by the district, or |
|
other type of obligation. |
|
Sec. 11014.0506. 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, for each |
|
year that 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. 11014.0507. 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. |
|
Sec. 11014.0508. AUTHORIZED INVESTMENTS; SECURITY. (a) |
|
Bonds issued under this chapter are legal and authorized |
|
investments for: |
|
(1) banks, trust companies, and savings and loan |
|
associations; |
|
(2) all insurance companies; |
|
(3) fiduciaries, trustees, and guardians; and |
|
(4) interest funds, sinking funds, and other public |
|
funds of the state or of an agency, subdivision, or instrumentality |
|
of the state, including a county, municipality, school district, or |
|
other district, public agency, or body politic. |
|
(b) Bonds issued under this chapter may be security for |
|
deposits of public funds of the state or of an agency, subdivision, |
|
or instrumentality of the state, including a county, municipality, |
|
school district, or other district, public agency, or body politic, |
|
to the extent of the market value of the bonds, if accompanied by |
|
any appurtenant unmatured interest coupons. |
|
SUBCHAPTER I. DISSOLUTION AND DIVISION OF DISTRICT |
|
Sec. 11014.0901. DISSOLUTION BY BOARD OR PETITION. (a) |
|
Except as provided by Subsection (b), the board: |
|
(1) may dissolve the district on its own motion; and |
|
(2) shall dissolve the district on receipt of a |
|
written petition requesting dissolution signed by the owners of at |
|
least 75 percent of the acreage of real property in the district. |
|
(b) The board may not dissolve the district until the |
|
district's outstanding debt and contractual obligations have been |
|
repaid or discharged. |
|
(c) After the board dissolves the district, the board shall |
|
transfer ownership of all district property and assets to the city. |
|
Sec. 11014.0902. DISSOLUTION BY CITY ORDINANCE. (a) The |
|
city by ordinance may dissolve the district. |
|
(b) On dissolution, the city shall succeed to all of the |
|
district's outstanding debt and contractual obligations. |
|
Sec. 11014.0903. 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, other than ad valorem taxes, the city shall succeed |
|
to the rights and obligations of the dissolved 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. |
|
Sec. 11014.0904. ASSUMPTION OF ASSETS AND LIABILITIES. (a) |
|
After the city dissolves the district, the city assumes the |
|
obligations of the dissolved 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 and assets of the |
|
dissolved district to the city, and the city succeeds to the |
|
property and assets. |
|
Sec. 11014.0905. DIVISION OF DISTRICT; PREREQUISITES. The |
|
district may be divided into two or more new districts only if the |
|
district has never issued any obligations secured by ad valorem |
|
taxes. |
|
Sec. 11014.0906. LAW APPLICABLE TO NEW DISTRICT. This |
|
chapter applies to any new district created by the division of the |
|
district. A new district has all the powers and duties of the |
|
district and may be dissolved in the manner provided for the |
|
district. |
|
Sec. 11014.0907. LIMITATION ON AREA OF NEW DISTRICT. The |
|
territory of a new district created by the division of the district |
|
must include at least 100 acres. 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 of |
|
the Act enacting this chapter. |
|
Sec. 11014.0908. 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) 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) name each person to serve on the initial board of |
|
directors of each new district; and |
|
(4) provide for the division of assets and liabilities |
|
between the new districts, including a plan for the payment or |
|
performance of any outstanding district obligations. |
|
(c) 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. 11014.0909. TAX OR BOND ELECTION. Before a new |
|
district created by the division of the district may impose an |
|
operation and 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. |
|
Sec. 11014.0910. CITY CONSENT. (a) The board may not adopt |
|
an order dividing the district unless the division and appointment |
|
of the initial directors for each new district have been approved by |
|
the governing body of the city by resolution or ordinance. The city |
|
resolution or ordinance may set conditions for the division of the |
|
district. |
|
(b) A new district created by division of the district is |
|
subject to the resolution or ordinance consenting to the creation |
|
of the district and the new district. Except as provided by |
|
Subsection (c), before a new district may exercise any powers under |
|
this chapter, the new district must enter into a joinder to the |
|
financing and operating agreement with the city. |
|
(c) A new district created by the division of the district |
|
has the powers necessary, convenient, or desirable to carry out and |
|
effect the purpose of this section, including organization of its |
|
board and approval and execution of a joinder to the financing and |
|
operating agreement with the city. |
|
SECTION 2. The Spradley Farms Improvement District of |
|
Kaufman County initially includes all the territory contained in |
|
the following area: |
|
TRACT 1 |
|
Being a 613.573 acre tract of land situated in the Martha Musick |
|
Survey, Abstract No.312, Kaufman County, Texas, and being all of |
|
the described tracts of land conveyed by deed to Spradley/Forney |
|
Development, LTD., as recorded in Volume 1915, Page 215, Deed |
|
Records, Kaufman County, Texas, and being more particularly |
|
described as follows: |
|
BEGINNING at a found 3/8 inch iron rod, said point being the |
|
southwest corner of said Spradley/Forney tract, and the northwest |
|
corner of a tract of land conveyed to Heartland First Baptist |
|
Church, as recorded in Volume 3120, Page 471, Deed Records, Kaufman |
|
County, Texas, and being in the existing east right-of-way line of |
|
F.M. Road No. 2757 (a 100 foot Right-of-way); |
|
THENCE North 45°12'17" West, along said existing east right-of-way |
|
line, a distance of 3200.34 feet to a point for corner; |
|
THENCE North 45°48'19" West, continuing along said existing east |
|
right-of-way line, a distance of 2152.36 feet to a found concrete |
|
monument for corner; |
|
THENCE North 37°07'32" West, a distance of 101.59 feet to a found 3/8 |
|
inch iron rod for corner; |
|
THENCE North 45°48'19" West, a distance of 94.96 feet to a point for |
|
corner, said point being the southeast corner of a tract of land |
|
conveyed by deed to Donald G, Jr and Leasa K. Davis, as recorded in |
|
Volume 3471, Page 60, Deed Records, Kaufman County, Texas; |
|
THENCE North 12°57'53" East, along the east line of said Davis |
|
tract, a distance of 1211.80 feet to a point for corner; |
|
THENCE North 44°17'49" East, leaving said east line, a distance of |
|
1211.38 feet to a point for corner, said point being in the existing |
|
south right-of-way line of State Highway I-20 (a variable width |
|
right-of-way line) |
|
THENCE South 83°33'01" East, along said existing south right-of-way |
|
line, a distance of 2163.89 feet to a point for corner, said point |
|
being the northwest corner of a tract of land conveyed by deed to |
|
I-20 Mesquite Limited Partnership, as recorded in Volume 3072, Page |
|
537, Deed Records, Kaufman County, Texas; |
|
THENCE South 45°47'24" East, leaving said existing south |
|
right-of-way line, a distance of 1653.63 feet to a point for corner; |
|
THENCE North 44°01'19" East, a distance of 1275.56 feet to a point |
|
for corner, said point being in the existing south right-of-way |
|
line of said State Highway I-20; |
|
THENCE South 49°15'08" East, along said existing south right-of-way |
|
line, a distance of 30.13 feet to a point for corner; |
|
THENCE North 63°09'15" East, continuing along said existing south |
|
right-of-way line, a distance of 125.17 feet to a point for corner; |
|
THENCE South 89°55'49" East, a distance of 174.62 feet to a point for |
|
corner; |
|
THENCE North 85°19'44" East, a distance of 1321.76 feet to a point |
|
for corner; |
|
THENCE North 83°01'46" East, a distance of 386.92 feet to a point for |
|
corner, said point being the northwest corner of a tract of land |
|
conveyed by deed to Hubert C. Jr White and Pamela Sue Ray, as |
|
recorded in Volume 342, Page 585, Deed Records, Kaufman County, |
|
Texas; |
|
THENCE South 07°49'06" East, leaving said existing south |
|
right-of-way line, and along the west line of said White tract, a |
|
distance of 1539.16 feet to a point for corner, said point being the |
|
northeast corner of a tract of land conveyed by deed to Maryfield, |
|
LTD, as recorded in Volume 5835, Page 580, Deed Records, Kaufman |
|
County, Texas; |
|
THENCE South 43°07'16" West, leaving said west line, and along the |
|
north line of said Maryfield tract, a distance of 406.47 feet to a |
|
point for corner; |
|
THENCE South 39°47'32" East, continuing along said north line, a |
|
distance of 29.09 feet to a point for corner; |
|
THENCE South 42°47'25" West, a distance of 349.18 feet to a point for |
|
corner, said point being the northwest corner of said Maryfield |
|
tract, and the northwest corner of a tract of land conveyed by deed |
|
to Hannover Estates, LTD, as recorded in Volume 5835, Page 570, Deed |
|
Records, Kaufman County, Texas; |
|
THENCE South 11°17'46" East, leaving said north line, and along the |
|
west line of said Hannover tract, a distance of 362.66 feet to a |
|
point for corner, said point being the northeast corner of a tract |
|
of land conveyed by deed to David R. and Winona Littlefield, as |
|
recorded in Volume 1190, Page 528, Deed Records, Kaufman County, |
|
Texas; |
|
THENCE South 67°38'08" West, leaving said west line and along the |
|
north line of said Littlefield tract, a distance of 401.86 feet to a |
|
point for corner; |
|
THENCE South 22°18'56" East, leaving said north line, and along the |
|
west line of said Littlefield tract, a distance of 387.16 feet to a |
|
point for corner; |
|
THENCE South 13°40'49" West, continuing along said west line, a |
|
distance of 85.16 feet to a point for corner, said point being the |
|
northeast corner of a tract of land conveyed by deed to Future |
|
Telecom, Inc., as recorded in Volume 3611, Page 280, Deed Records, |
|
Kaufman County, Texas; |
|
THENCE South 52°38'20" West, leaving said west line, and along the |
|
north line of said Future Telecom tract, a distance of 86.93 feet to |
|
a point for corner; |
|
THENCE South 67°42'13" West, continuing along said north line, a |
|
distance of 190.04 feet to a point for corner; |
|
THENCE South 76°53'07" West, a distance of 152.17 feet to a point for |
|
corner; |
|
THENCE South 88°39'24" West, a distance of 155.78 feet to a point for |
|
corner; |
|
THENCE South 43°55'47" West, a distance of 2284.40 feet to a point |
|
for corner, said point being in the north line of a tract of land |
|
conveyed by deed to Keith and Gina Barron, as recorded in Volume |
|
1167, Page 930, Deed Records, Kaufman County, Texas; |
|
THENCE South 45°15'29" West, a distance of 1143.49 feet to the POINT |
|
OF BEGINNING and CONTAINING 26,727,249 square feet, 613.573 acres |
|
of land, more or less. |
|
TRACT 2 |
|
Being a 8.425 acre tract of land situated in the Martha Musick |
|
Survey, Abstract No.312, Kaufman County, Texas, and being all of |
|
the described tracts of land conveyed by deed to Spradley/Forney |
|
Development, LTD., as recorded in Volume 1915, Page 215, Deed |
|
Records, Kaufman County, Texas, and being more particularly |
|
described as follows: |
|
COMMENCING at a found 1/2 inch iron rod, said point being the |
|
southwest corner of Lot 14, and the southeast corner of Lot 13, Lone |
|
Star Estates Addition, an addition the City of Forney, as recorded |
|
in Volume 2, Page 516, Plat Records, Kaufman County, Texas, and |
|
being in the existing north right-of-way line of State Highway I-20 |
|
(a variable width right-of-way) |
|
THENCE North 83°17'41" West, along the south line of said Lot 13, and |
|
the existing north right-of-way line, a distance of 102.37 feet to a |
|
point for the POINT OF BEGINNING; |
|
THENCE North 83°31'34" West, leaving said south line, and continuing |
|
along said existing north right-of-way line, a distance of 1232.22 |
|
feet to a point for corner, said point being the most southerly |
|
southeast corner of a tract of land conveyed by deed to Beam and |
|
Sons, Inc, as recorded in Volume 839, Page 241, Deed Records, |
|
Kaufman County, Texas; |
|
THENCE North 44°17'49" East, leaving said existing north |
|
right-of-way line, and along the east line of said Beam and Sons |
|
tract, a distance of 754.15 feet to a point for corner, said point |
|
being in the west line of said Lone Star Estates Addition; |
|
THENCE South 45°47'24" East, leaving said east line, and along said |
|
west line, a distance of 973.34 feet to the POINT OF BEGINNING and |
|
CONTAINING 367,022 square feet, 8.425 acres of land, more or less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act have been |
|
fulfilled and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2019. |