Texas 2009 - 81st Regular

Texas House Bill HB2231 Compare Versions

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1	1	81R8057 SLB-F
2	2	By: Phillips H.B. No. 2231
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Van Alstyne Municipal Utility
8	8	District No. 1 of Grayson County; providing authority to impose a
9	9	tax and issue bonds; granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8311 to read as follows:
13	13	CHAPTER 8311. VAN ALSTYNE MUNICIPAL UTILITY DISTRICT NO. 1 OF
14	14	GRAYSON COUNTY
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8311.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Director" means a board member.
19	19	(3) "District" means the Van Alstyne Municipal Utility
20	20	District No. 1 of Grayson County.
21	21	Sec. 8311.002. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 8311.003. CONFIRMATION AND DIRECTORS' ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 8311.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section 8311.003
30	30	until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district.
34	34	Sec. 8311.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
35	35	The district is created to serve a public purpose and benefit.
36	36	(b) The district is created to accomplish the purposes of:
37	37	(1) a municipal utility district as provided by
38	38	general law and Section 59, Article XVI, Texas Constitution; and
39	39	(2) Section 52, Article III, Texas Constitution, that
40	40	relate to the construction, acquisition, improvement, operation,
41	41	or maintenance of macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 8311.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act creating this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act creating this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	[Sections 8311.007-8311.050 reserved for expansion]
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8311.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8311.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8311.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act creating this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the Texas Commission on
66	66	Environmental Quality requesting that the commission appoint as
67	67	temporary directors the five persons named in the petition. The
68	68	commission shall appoint as temporary directors the five persons
69	69	named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8311.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act creating this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8311.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8311.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	[Sections 8311.053-8311.100 reserved for expansion]
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 8311.101. GENERAL POWERS AND DUTIES. The district has
94	94	the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 8311.102. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 8311.103. AUTHORITY FOR ROAD PROJECTS. Under Section
102	102	52, Article III, Texas Constitution, the district may design,
103	103	acquire, construct, finance, issue bonds for, improve, operate,
104	104	maintain, and convey to this state, a county, or a municipality for
105	105	operation and maintenance macadamized, graveled, or paved roads, or
106	106	improvements, including storm drainage, in aid of those roads.
107	107	Sec. 8311.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
108	108	project must meet all applicable construction standards, zoning and
109	109	subdivision requirements, and regulations of each municipality in
110	110	whose corporate limits or extraterritorial jurisdiction the road
111	111	project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards,
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 8311.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
121	121	OR RESOLUTION. The district shall comply with all applicable
122	122	requirements of any ordinance or resolution that is adopted under
123	123	Section 54.016 or 54.0165, Water Code, and that consents to the
124	124	creation of the district or to the inclusion of land in the
125	125	district.
126	126	Sec. 8311.106. LIMITATION ON USE OF EMINENT DOMAIN. (a) The
127	127	district may not exercise the power of eminent domain outside the
128	128	district to acquire a site or easement for:
129	129	(1) a road project authorized by Section 8311.103; or
130	130	(2) a recreational facility as defined by Section
131	131	49.462, Water Code.
132	132	(b) The district may not exercise the power of eminent
133	133	domain in the corporate limits of the City of Van Alstyne unless the
134	134	city has consented by ordinance or resolution to that exercise of
135	135	eminent domain authority.
136	136	Sec. 8311.107. DIVISION OF DISTRICT. (a) The district may
137	137	be divided into two or more new districts only if:
138	138	(1) the district has no outstanding bonded debt;
139	139	(2) the district is not imposing ad valorem taxes; and
140	140	(3) the City of Van Alstyne has consented by ordinance
141	141	or resolution to the division of the district.
142	142	(b) This chapter applies to any new district created by the
143	143	division of the district, and a new district has all the powers and
144	144	duties of the district.
145	145	(c) Any new district created by the division of the district
146	146	may not, at the time the new district is created, contain any land
147	147	outside the area described by Section 2 of the Act creating this
148	148	chapter.
149	149	(d) The board, on its own motion or on receipt of a petition
150	150	signed by the owner or owners of a majority of the assessed value of
151	151	the real property in the district, may adopt an order dividing the
152	152	district.
153	153	(e) The board may adopt an order dividing the district
154	154	before or after the date the board holds an election under Section
155	155	8311.003 to confirm the district's creation.
156	156	(f) An order dividing the district shall:
157	157	(1) name each new district;
158	158	(2) include the metes and bounds description of the
159	159	territory of each new district;
160	160	(3) appoint temporary directors for each new district;
161	161	and
162	162	(4) provide for the division of assets and liabilities
163	163	between or among the new districts.
164	164	(g) On or before the 30th day after the date of adoption of
165	165	an order dividing the district, the district shall file the order
166	166	with the Texas Commission on Environmental Quality and record the
167	167	order in the real property records of each county in which the
168	168	district is located.
169	169	(h) Any new district created by the division of the district
170	170	shall hold a confirmation and directors' election as required by
171	171	Section 8311.003.
172	172	(i) Subject to Subsection (a), municipal consent to the
173	173	creation of the district and to the inclusion of land in the
174	174	district granted under Section 8311.004 acts as municipal consent
175	175	to the creation of any new district created by the division of the
176	176	district and to the inclusion of land in the new district.
177	177	(j) Any new district created by the division of the district
178	178	must hold an election as required by this chapter to obtain voter
179	179	approval before the district may impose a maintenance tax or issue
180	180	bonds payable wholly or partly from ad valorem taxes.
181	181	Sec. 8311.108. LIMITATION ON ANNEXATION. The district may
182	182	not annex any territory outside the area described by Section 2 of
183	183	the Act creating this chapter unless the City of Van Alstyne has
184	184	consented by ordinance or resolution to the annexation.
185	185	[Sections 8311.109-8311.150 reserved for expansion]
186	186	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
187	187	Sec. 8311.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
188	188	district may issue, without an election, bonds and other
189	189	obligations secured by:
190	190	(1) revenue other than ad valorem taxes; or
191	191	(2) contract payments described by Section 8311.153.
192	192	(b) The district must hold an election in the manner
193	193	provided by Chapters 49 and 54, Water Code, to obtain voter approval
194	194	before the district may impose an ad valorem tax or issue bonds
195	195	payable from ad valorem taxes.
196	196	(c) The district may not issue bonds payable from ad valorem
197	197	taxes to finance a road project unless the issuance is approved by a
198	198	vote of a two-thirds majority of the district voters voting at an
199	199	election held for that purpose.
200	200	Sec. 8311.152. OPERATION AND MAINTENANCE TAX. (a) If
201	201	authorized at an election held under Section 8311.151, the district
202	202	may impose an operation and maintenance tax on taxable property in
203	203	the district in accordance with Section 49.107, Water Code.
204	204	(b) The board shall determine the tax rate. The rate may not
205	205	exceed the rate approved at the election.
206	206	Sec. 8311.153. CONTRACT TAXES. (a) In accordance with
207	207	Section 49.108, Water Code, the district may impose a tax other than
208	208	an operation and maintenance tax and use the revenue derived from
209	209	the tax to make payments under a contract after the provisions of
210	210	the contract have been approved by a majority of the district voters
211	211	voting at an election held for that purpose.
212	212	(b) A contract approved by the district voters may contain a
213	213	provision stating that the contract may be modified or amended by
214	214	the board without further voter approval.
215	215	[Sections 8311.154-8311.200 reserved for expansion]
216	216	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
217	217	Sec. 8311.201. AUTHORITY TO ISSUE BONDS AND OTHER
218	218	OBLIGATIONS. The district may issue bonds or other obligations
219	219	payable wholly or partly from ad valorem taxes, impact fees,
220	220	revenue, contract payments, grants, or other district money, or any
221	221	combination of those sources, to pay for any authorized district
222	222	purpose.
223	223	Sec. 8311.202. TAXES FOR BONDS. At the time the district
224	224	issues bonds payable wholly or partly from ad valorem taxes, the
225	225	board shall provide for the annual imposition of a continuing
226	226	direct ad valorem tax, without limit as to rate or amount, while all
227	227	or part of the bonds are outstanding as required and in the manner
228	228	provided by Sections 54.601 and 54.602, Water Code.
229	229	Sec. 8311.203. BONDS FOR ROAD PROJECTS. At the time of
230	230	issuance, the total principal amount of bonds or other obligations
231	231	issued or incurred to finance road projects and payable from ad
232	232	valorem taxes may not exceed one-fourth of the assessed value of the
233	233	real property in the district.
234	234	SECTION 2. The Van Alstyne Municipal Utility District No. 1
235	235	of Grayson County initially includes all the territory contained in
236	236	the following area:
237	237	SITUATED in the County of Grayson, State of Texas, and being a
238	238	part of the following Surveys in Grayson County: the A. Cartwright
239	239	Survey, Abstract No. 251, the D. Arnspiger Survey, Abstract No.
240	240	1526, the J. W. Curtis Survey, Abstract No. 249, and being a part of
241	241	the 1232.837 ac. tract of land conveyed to Vincent Viola by W. Mark
242	242	David by Special Warranty Deed dated July 30, 2001 and recorded in
243	243	Volume 4987, Page 726, Deed Records, Collin County, Texas, and
244	244	being all of the 93.158 ac. tract of land (Tract 1) conveyed to
245	245	Vincent J. Viola by Don S. Flesher by Warranty Deed dated September
246	246	10, 2004 and recorded in Volume 5766, Page 6210, said Collin County
247	247	Deed Records, and being a part of the 377.45 ac. tract of land
248	248	conveyed to Vincent J. Viola by Thornton Farm Partnership, Ltd. by
249	249	Special Warranty Deed with Vendor's Lien dated September 22, 2005
250	250	and recorded in Volume 6010, Page 3310, said Collin County Deed
251	251	Records, and being all of the 57.410 ac. tract of land conveyed to
252	252	Vincent J. Viola by Mary Jo Flesher by deed dated September 28, 2004
253	253	and recorded in Volume 3741, Page 324, Official Public Records,
254	254	Grayson County, Texas, and being more particularly described as one
255	255	tract of land by metes and bounds as follows, to-wit:
256	256	BEGINNING at a PK nail with flasher set in the center of
257	257	Cartwright Road, a public road, at the Northeast corner of said
258	258	93.158 ac.;
259	259	THENCE South 00 deg. 04 min. 44 sec. West, a distance of
260	260	1,274.28 ft. to a 1/2 inch rebar set at the Southeast corner of said
261	261	93.158 ac.;
262	262	THENCE North 89 deg. 02 min. 38 sec. East, a distance of
263	263	606.85 ft. to a point in the center of a creek;
264	264	THENCE Southerly, with the center of a creek, the following
265	265	calls and distances:
266	266	South 67 deg. 24 min. 09 sec. East, a distance of 96.92 ft.;
267	267	South 44 deg. 30 min. 54 sec. East, a distance of 275.27 ft.;
268	268	South 13 deg. 01 min. 43 sec. West, a distance of 60.69 ft.;
269	269	South 53 deg. 45 min. 22 sec. East, a distance of 169.73 ft.;
270	270	South 13 deg. 51 min. 14 sec. West, a distance of 42.13 ft.;
271	271	South 52 deg. 44 min. 16 sec. West, a distance of 54.38 ft.;
272	272	South 52 deg. 04 min. 16 sec. East, a distance of 108.52 ft.;
273	273	South 42 deg. 56 min. 51 sec. West, a distance of 101.20 ft.;
274	274	South 48 deg. 21 min. 36 sec. East, a distance of 27.24 ft.;
275	275	South 73 deg. 17 min. 05 sec. East, a distance of 155.79 ft.;
276	276	South 19 deg. 23 min. 21 sec. West, a distance of 125.73 ft.;
277	277	South 80 deg. 52 min. 27 sec. West, a distance of 104.51 ft.;
278	278	South 07 deg. 25 min. 59 sec. East, a distance of 58.92 ft.;
279	279	South 54 deg. 16 min. 47 sec. East, a distance of 115.97 ft.;
280	280	South 17 deg. 17 min. 58 sec. West, a distance of 117.31 ft.;
281	281	North 81 deg. 16 min. 54 sec. East, a distance of 120.12 ft.;
282	282	South 13 deg. 01 min. 53 sec. West, a distance of 243.69 ft.;
283	283	South 35 deg. 58 min. 28 sec. West, a distance of 112.27 ft.;
284	284	South 80 deg. 11 min. 50 sec. West, a distance of 117.77 ft.;
285	285	South 21 deg. 09 min. 50 sec. East, a distance of 112.59 ft.;
286	286	South 67 deg. 09 min. 09 sec. East, a distance of 185.00 ft.;
287	287	South 61 deg. 01 min. 33 sec. West, a distance of 167.09 ft.;
288	288	South 58 deg. 56 min. 39 sec. West, a distance of 192.59 ft.;
289	289	South 10 deg. 41 min. 54 sec. West, a distance of 278.81 ft.;
290	290	South 25 deg. 43 min. 05 sec. East, a distance of 105.57 ft.;
291	291	South 39 deg. 41 min. 48 sec. East, a distance of 143.93 ft.;
292	292	South 06 deg. 38 min. 18 sec. West, a distance of 92.08 ft. to
293	293	a point in the South line of Grayson County, the North line of
294	294	Collin County, at the Southeast corner of the herein described
295	295	tract;
296	296	THENCE North 88 deg. 01 min. 11 sec. West, with the South line
297	297	of said Grayson County and the North line of said Collin County,
298	298	over and across said Viola 1,232.837 ac., crossing an East line of
299	299	said Viola 377.45 ac. and a West line of said Viola 1,232.837 ac.
300	300	and continuing now over and across said Viola 377.45 ac. for a total
301	301	distance of 5,627.60 ft. to a point in the East line of the 5.00 ac.
302	302	tract of land conveyed to the Wood Family Trust in Volume 3910, Page
303	303	772, said Grayson County Official Public Records, at the most
304	304	Southerly Southwest corner of the herein described tract;
305	305	THENCE North 00 deg. 03 min. 10 sec. West, with the East line
306	306	of said Wood Family Trust 5.00 ac., a distance of 271.80 ft. to a
307	307	point in the South line of the 82.41 ac. tract of land conveyed to
308	308	Don S. Flesher in Volume 2350, Page 194, Real Property Records,
309	309	Grayson County, Texas, at the Northeast corner of said Wood Family
310	310	Trust 5.00 ac.;
311	311	THENCE South 89 deg. 37 min. 54 sec. West, with the South line
312	312	of said Viola 57.410 ac. and the North line of said Wood Family
313	313	Trust 5.00 ac., a distance of 573.09 ft. to a point in the center of
314	314	said Collin County Road No. 291 (also known as Eagle Point Road in
315	315	Grayson County), in the East line of said Dowell 113.35 ac., at the
316	316	Southwest corner of said Viola 57.410 ac.;
317	317	THENCE North 00 deg. 20 min. 09 sec. West, with the center of
318	318	said Eagle Point Road and the East line of said Dowell 113.35 ac., a
319	319	distance of 397.96 ft. to a spike nail found at the Northeast corner
320	320	of said Dowell 113.35 ac., at the Southeast corner of the 30 ac.
321	321	tract of land conveyed to Craig Turczynski and Rosa Turczynski in
322	322	Volume 2850, Page 817, said Grayson County Official Public Records;
323	323	THENCE North 00 deg. 15 min. 10 sec. West, continuing with the
324	324	center of said Eagle Point Road, the East line of said Turczynski 30
325	325	ac., passing the Northeast corner of said Turczynski 30 ac. and the
326	326	Southeast corner of the 20.05 ac. tract of land conveyed to Jay
327	327	Thompson and Ann Thompson in Volume 2795, Page 789, said Official
328	328	Public Records, and continuing now with the East line of said
329	329	Thompson 20.05 ac. for a total distance of 1,023.15 ft. to a spike
330	330	nail found at the Northeast corner of said Thompson 20.05 ac., at
331	331	the Southeast corner of the 20.03 ac. tract of land conveyed to Jay
332	332	A. Thompson and Ann E. Thompson in Volume 2598, Page 460, said
333	333	Grayson County Official Public Records;
334	334	THENCE North 00 deg. 39 min. 44 sec. West, continuing with the
335	335	center of said Eagle Point Road, and with the East line of both said
336	336	Thompson 20.03 ac. and said Whitaker Survey, passing the Northeast
337	337	corner of both said Thompson 20.03 ac. and said Whitaker Survey, the
338	338	Southeast corner of said Wheeler Survey, the Southwest corner of
339	339	said Cartwright Survey and the Northwest corner of said Arnspiger
340	340	Survey, and continuing now with the East line of said Wheeler Survey
341	341	and the West line of both said Flesher 82.41 ac. and said Cartwright
342	342	Survey for a total distance of 988.71 ft. to a 1/2 inch rebar found
343	343	at the centerline intersection of Cartwright Road, a public road,
344	344	and said Eagle Point Road, at the Southwest corner of the 38.271 ac.
345	345	tract of land conveyed to Gary C. Crim and Sidney A. Crim in Volume
346	346	2077, Page 545, said Real Property Records;
347	347	THENCE South 87 deg. 19 min. 13 sec. East, with the center of
348	348	said Cartwright Road and the South line of said Crim 38.271 ac., a
349	349	distance of 275.36 ft. to an angle point in the South line of said
350	350	Crim 38.271 ac.;
351	351	THENCE South 70 deg. 28 min. 16 sec. East, continuing with the
352	352	center of said Cartwright Road and the South line of said Crim
353	353	38.271 ac., a distance of 551.48 ft. to an angle point in the South
354	354	line of said Crim 38.271 ac.;
355	355	THENCE South 83 deg. 33 min. 52 sec. East, continuing with the
356	356	center of said Cartwright Road and with the South line of said Crim
357	357	38.271 ac., leaving the pavement of said Cartwright Road at about
358	358	657 ft., and continuing for a total distance of 717.54 ft. to a 1/2
359	359	inch rebar set in the West line of the 144.168 ac. tract of land
360	360	(Tract IV) conveyed to Coit North Properties, Inc. in Volume 1677,
361	361	Page 218, Deed Records, Grayson County, Texas, at the Southeast
362	362	corner of said Crim 38.271 ac.;
363	363	THENCE South 00 deg. 50 min. 27 sec. East, with the West line
364	364	of said Coit North Properties 144.168 ac., a distance of 306.87 ft.
365	365	to a 1/2 inch rebar set in the South line of said Cartwright Survey,
366	366	Abstract No. 251, in the North line of said Arnspiger Survey,
367	367	Abstract No. 1526, at the Southwest corner of said Coit North
368	368	Properties 144.168 ac.;
369	369	THENCE North 89 deg. 45 min. 50 sec. East, with the South line
370	370	of said Coit North Properties 144.168 ac., a distance of 49.98 ft.
371	371	to a 8 inch wood corner post at the most Easterly Northeast corner
372	372	of said Viola 22.597 ac., at the Northwest corner of the 10.025 ac.
373	373	tract of land conveyed to Sisong Phromkharanourak, Sombath Manivanh
374	374	Bounchanh Thammavongsa in Volume 2138, Page 314, said Real Property
375	375	Records;
376	376	THENCE South 00 deg. 23 min. 32 sec. East, with the general
377	377	course of a wire fence maintaining the West line of said
378	378	Phromkharanourak, et al 10.025 ac., a distance of 1,669.81 ft. to a
379	379	point 1/2 inch rebar set at the Southwest corner of said
380	380	Phromkharanourak, et al 10.025 ac., at a Northwest corner of said
381	381	Viola 377.45 ac.;
382	382	THENCE South 89 deg. 14 min. 15 sec. East, with the North line
383	383	of said 377.45 ac. and with the South line of said Phromkharanourak,
384	384	Manivanh and Thammavongsa 10.025 ac., passing a cross-tie corner
385	385	post at the Southeast corner of said Phromkharanourak, Manivanh and
386	386	Thammavongsa 10.025 ac. and the Southwest corner of the 10.000 ac.
387	387	tract of land conveyed to Joseph D. Losh and Nancy D. Losh in Volume
388	388	2393, Page 36, said Grayson County Real Property Records at 264.77
389	389	ft., and continuing for a total distance of 782.37 ft. to a 12 inch
390	390	wood corner post at the Southwest corner of the 9.930 ac. tract of
391	391	land conveyed to M. J. Presley and Allison M. Presley in Volume
392	392	2355, Page 611, said Grayson County Real Property Records;
393	393	THENCE South 89 deg. 32 min. 03 sec. East, with the North line
394	394	of said 377.45 ac. and with the South line of said Presley 9.930
395	395	ac., passing the Southeast corner of said Presley 9.930 ac. and the
396	396	Southwest corner of the 9.371 ac. tract of land conveyed to Mark
397	397	Michina and Debbie Michina in Volume 2244, Page 388, said Grayson
398	398	County Real Property Records and continuing for a total distance of
399	399	634.03 ft. to a 2 inch pipe found;
400	400	THENCE South 89 deg. 23 min. 59 sec. East, with the North line
401	401	of said 377.45 ac., passing a 2 inch pipe found at the Southwest
402	402	corner of the 15.29 ac. tract of land conveyed to Vincent Chen and
403	403	Lay-Wah Khoo in Volume 2109, Page 281, said Grayson County Real
404	404	Property Records, and continuing now with the South line of said
405	405	Chen & Khoo 15.29 ac for a total distance of 645.85 ft. to a 1/2 inch
406	406	rebar set at the Southeast corner of said Chen & Khoo 15.29 ac.;
407	407	THENCE North 00 deg. 32 min. 03 sec. West, with the East line
408	408	of said Chen & Khoo 15.29 ac., a distance of 1,691.73 ft. to a spike
409	409	nail found in the center of said Cartwright Road, at the Northeast
410	410	corner of said Chen & Khoo 15.29 ac., at an angle point in the South
411	411	line of said 93.158 ac.;
412	412	THENCE South 89 deg. 52 min. 43 sec. West, with the center of
413	413	said Cartwright Road and the South line of said 93.158 ac., a
414	414	distance of 995.39 ft. to a 3/8 inch rebar found at the Southwest
415	415	corner of said 93.158 ac., at the most Southerly Southeast corner of
416	416	the 144.168 ac. tract of land (Tract IV) conveyed to Coit North
417	417	Properties, Inc. in Volume 1677, Page 218, Deed Records, Grayson
418	418	County, Texas;
419	419	THENCE North 00 deg. 27 min. 48 sec. East, with the West line
420	420	of said 93.158 ac. and the East line of said Coit North Properties
421	421	144.168 ac., a distance of 2,021.18 ft. to a 1/2 inch rebar set the
422	422	Northwest corner of said 93.158 ac., at an Ell corner of said Coit
423	423	North Properties 144.168 ac.;
424	424	THENCE South 89 deg. 59 min. 12 sec. East, with a North line
425	425	of said 93.158 ac. and a South line of said Coit North Properties
426	426	144.168 ac, passing a Southeast corner of said Coit North
427	427	Properties 144.168 ac and the Southwest corner of the 80.749 ac.
428	428	tract of land (Tract I) conveyed to Coit North Properties in said
429	429	Volume 1677, Page 218 and continuing now with the South line of said
430	430	Coit North Properties 80.749 ac. for a total distance of 885.58 ft.
431	431	to a 1/2 inch rebar set at the Northwest corner of the 30.0468 ac.
432	432	tract of land conveyed to James E. Tillett and Rachel D. Tillett in
433	433	Volume 1509, Page 183, said Grayson County Deed Records, at the most
434	434	Northerly Northeast corner of said 93.158 ac.;
435	435	THENCE South 00 deg. 27 min. 44 sec. West, with an East line
436	436	of said 93.158 ac. and the West line of said Tillett 30.0468 ac., a
437	437	distance of 739.44 ft. to a 1/2 inch rebar set at the Southwest
438	438	corner of said Tillett 30.0468 ac., at an Ell corner of said 93.158
439	439	ac.;
440	440	THENCE South 89 deg. 59 min. 06 sec. East, with a North line
441	441	of said 93.158 ac. and the South line of said Tillett 30.0468 ac., a
442	442	distance of 1,772.58 ft. to the PLACE OF BEGINNING and containing
443	443	338.39 ACRES of land.
444	444	SITUATED in the County of Grayson, State of Texas, and being a
445	445	part of the J. W. Curtis Survey, Abstract No. 1077, and being all of
446	446	the 4.518 ac. tract of land (Tract 8) conveyed to Vincent Viola by
447	447	W. Mark David by Special Warranty Deed dated July 30, 2001 and
448	448	recorded in Volume 4987, Page 697, Deed Records, Collin County,
449	449	Texas, and being all of the 22.11 ac. tract of land conveyed to
450	450	Vincent Viola by W. Mark David by Assumption Deed dated July 30,
451	451	2001 and recorded in Volume 3118, Page 51, Official Public Records,
452	452	Grayson County, Texas, and being more particularly described as one
453	453	tract of land by metes and bounds as follows, to-wit:
454	454	BEGINNING at a point in the center of a public road, at the
455	455	Southeast corner of said Viola Tract 8;
456	456	THENCE North 87 deg. 59 min. 48 sec. West, with the South line
457	457	of said Viola Tract 8, a distance of 175.02 ft. to a point in the
458	458	East right-of-way line of U. S. Highway No. 75, at the beginning of
459	459	a curve;
460	460	THENCE Northwesterly, with the East right-of-way line of said
461	461	U. S. Highway No. 75 and with a non-tangent curve to the right
462	462	having a radius of 190.00 ft. and a central angle of 83 deg. 30 min.
463	463	07 sec. (chord bears North 46 deg. 06 min. 10 sec. West, 253.04
464	464	ft.), an arc distance of 276.90 ft. to a point at the end of said
465	465	curve;
466	466	THENCE North 04 deg. 21 min. 09 sec. West, continuing with the
467	467	East right-of-way line of said U. S. Highway No. 75, a distance of
468	468	374.17 ft. to a point at the Northwest corner of said Viola Tract 8,
469	469	at the Southwest corner of said Viola 22.11 ac., at the beginning of
470	470	a curve;
471	471	THENCE Northerly, continuing with the East right-of-way line
472	472	of said U. S. Highway No. 75 and with a non-tangent curve to the left
473	473	having a radius of 11,644.16 ft. and a central angle of 02 deg. 05
474	474	min. 55 sec. (chord bears North 06 deg. 33 min. 40 sec. West, 426.47
475	475	ft.), an arc distance of 426.50 ft. to a point at the end of said
476	476	curve;
477	477	THENCE North 13 deg. 03 min. 12 sec. West, continuing with the
478	478	East right-of-way line of said U. S. Highway No. 75, a distance of
479	479	305.53 ft. to a point at the beginning of a curve;
480	480	THENCE Northerly, continuing with the East right-of-way line
481	481	of said U. S. Highway No. 75 and with a non-tangent curve to the left
482	482	having a radius of 11,619.16 ft. and a central angle of 04 deg. 46
483	483	min. 21 sec. (chord bears North 11 deg. 29 min. 47 sec. West, 967.55
484	484	ft.), an arc distance of 967.83 ft. to a point at the Northwest
485	485	corner of said Viola 22.11 ac.;
486	486	THENCE North 89 deg. 38 min. 17 sec. East, with the North line
487	487	of said Viola 22.11 ac., a distance of 775.13 ft. to a point in the
488	488	center of said public road, at the Northeast corner of said Viola
489	489	22.11 ac.;
490	490	THENCE South 02 deg. 02 min. 37 sec. West, with the center of
491	491	said public road and with the East line of said Viola 22.11 ac., a
492	492	distance of 1,688.54 ft. to a point at the Southeast corner of said
493	493	Viola 22.11 ac., at the Northeast corner of said Viola Tract 8;
494	494	THENCE South 01 deg. 58 min. 32 sec. West, continuing with the
495	495	center of said public road and with the East line of said Viola
496	496	Tract 8, a distance of 541.86 ft. to the PLACE OF BEGINNING and
497	497	containing 26.55 ACRES of land.
498	498	SECTION 3. (a) The legal notice of the intention to
499	499	introduce this Act, setting forth the general substance of this
500	500	Act, has been published as provided by law, and the notice and a
501	501	copy of this Act have been furnished to all persons, agencies,
502	502	officials, or entities to which they are required to be furnished
503	503	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
504	504	Government Code.
505	505	(b) The governor, one of the required recipients, has
506	506	submitted the notice and Act to the Texas Commission on
507	507	Environmental Quality.
508	508	(c) The Texas Commission on Environmental Quality has filed
509	509	its recommendations relating to this Act with the governor, the
510	510	lieutenant governor, and the speaker of the house of
511	511	representatives within the required time.
512	512	(d) All requirements of the constitution and laws of this
513	513	state and the rules and procedures of the legislature with respect
514	514	to the notice, introduction, and passage of this Act are fulfilled
515	515	and accomplished.
516	516	SECTION 4. This Act takes effect immediately if it receives
517	517	a vote of two-thirds of all the members elected to each house, as
518	518	provided by Section 39, Article III, Texas Constitution. If this
519	519	Act does not receive the vote necessary for immediate effect, this
520	520	Act takes effect September 1, 2009.