(a) If, as a result of a hearing ordered under Section 49.3187, the board finds that the owners of a majority in acreage of the urban property do
not desire irrigation of that property or that the urban property is not used or intended
to be used for agricultural purposes, the board shall adopt a resolution setting forth
those findings and excluding the urban property or the part of the urban property
as to which the findings are made.
(b) If any canals, ditches, pipelines, pumps, or other facilities of the district
are located on land excluded under the resolution, the exclusion does not affect or
interfere with any district rights to maintain and continue operation of the facilities
as located to service land remaining in the district.
(c) A copy of the resolution excluding urban property from the district certified
to and acknowledged by the secretary of the board must be recorded by the district
in the deed records of the county in which the excluded property is located as evidence
of the exclusion.
(d) On the passage of the resolution:
(1) the property excluded does not constitute a part of the district; and
(2) the owner of the excluded property:
(A) has no further liability to the district or for any bonded or other indebtedness
of the district; and
(B) is not subject to further taxation by the district.
(e) If the board determines from the hearing that for any reason the application should
not be granted, the board shall adopt a resolution rejecting the application, and
the deposit made by the applicant is subject to withdrawal by the applicant or on
the board's order.
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