Texas 2009 - 81st Regular

Texas House Bill HB2668 Compare Versions

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11 H.B. No. 2668
22
33
44 AN ACT
55 relating to the creation of the Smith Road Water Control and
66 Improvement District No. 1 of Jefferson County; providing authority
77 to impose a tax and issue bonds; granting levee and flood hazard
88 mitigation powers.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle I, Title 6, Special District Local Laws
1111 Code, is amended by adding Chapter 9031 to read as follows:
1212 CHAPTER 9031. SMITH ROAD WATER CONTROL AND IMPROVEMENT DISTRICT
1313 NO. 1 OF JEFFERSON COUNTY
1414 SUBCHAPTER A. GENERAL PROVISIONS
1515 Sec. 9031.001. DEFINITIONS. In this chapter:
1616 (1) "Board" means the district's board of directors.
1717 (2) "Director" means a board member.
1818 (3) "District" means the Smith Road Water Control and
1919 Improvement District No. 1 of Jefferson County.
2020 Sec. 9031.002. NATURE OF DISTRICT. The district is a water
2121 control and improvement district in Jefferson County created under
2222 and essential to accomplish the purposes of Section 59, Article
2323 XVI, Texas Constitution.
2424 Sec. 9031.003. CONFIRMATION ELECTION REQUIRED. If the
2525 creation of the district is not confirmed at a confirmation
2626 election held under Section 9031.024 before September 1, 2013:
2727 (1) the district is dissolved September 1, 2013,
2828 except that the district shall:
2929 (A) pay any debts incurred;
3030 (B) transfer to Jefferson County any assets that
3131 remain after the payment of debts; and
3232 (C) maintain the organization of the district
3333 until all debts are paid and remaining assets are transferred; and
3434 (2) this chapter expires September 1, 2016.
3535 Sec. 9031.004. INITIAL DISTRICT TERRITORY. (a) The
3636 district is initially composed of the territory described by
3737 Section 2 of the Act creating this chapter.
3838 (b) The boundaries and field notes in Section 2 of the Act
3939 creating this chapter form a closure. A mistake made in the field
4040 notes or in copying the field notes in the legislative process does
4141 not affect:
4242 (1) the district's organization, existence, or
4343 validity;
4444 (2) the district's right to impose taxes;
4545 (3) the validity of the district's bonds, notes, or
4646 indebtedness; or
4747 (4) the board's legality or operation.
4848 [Sections 9031.005-9031.020 reserved for expansion]
4949 SUBCHAPTER A-1. TEMPORARY PROVISIONS
5050 Sec. 9031.021. TEMPORARY DIRECTORS. (a) On or after
5151 September 1, 2009, a person who owns land in the district may submit
5252 a petition to the Texas Commission on Environmental Quality
5353 requesting that the commission appoint as temporary directors the
5454 five persons named in the petition.
5555 (b) The commission shall appoint as temporary directors the
5656 five persons named in the first petition the commission receives.
5757 (c) If a temporary director fails to qualify for office, the
5858 commission shall appoint a person to fill the vacancy.
5959 (d) Temporary directors serve until the earlier of:
6060 (1) the date directors are elected under Section
6161 9031.024; or
6262 (2) the date this chapter expires under Section
6363 9031.003.
6464 Sec. 9031.022. ORGANIZATIONAL MEETING OF TEMPORARY
6565 DIRECTORS. As soon as practicable after all temporary directors
6666 qualify under Section 49.055, Water Code, the temporary directors
6767 shall meet at a location in the district agreeable to a majority of
6868 the directors. If a location cannot be agreed upon, the meeting
6969 shall be at the Jefferson County Courthouse. At their initial
7070 meeting the temporary directors shall elect officers from among the
7171 temporary directors and conduct any other district business.
7272 Sec. 9031.023. CONSENT OF MUNICIPALITY REQUIRED. The
7373 temporary directors may not hold an election under Section 9031.024
7474 until each municipality in whose corporate limits or
7575 extraterritorial jurisdiction the district is located, if any, has
7676 adopted a resolution consenting to the district's creation.
7777 Sec. 9031.024. CONFIRMATION AND INITIAL DIRECTORS'
7878 ELECTION. The temporary directors shall hold an election to
7979 confirm the district's creation and to elect five directors as
8080 provided by Section 49.102, Water Code.
8181 Sec. 9031.025. INITIAL ELECTED DIRECTORS; TERMS. The
8282 directors elected under Section 9031.024 shall draw lots to
8383 determine which two shall serve until the first regularly scheduled
8484 election of directors under Section 9031.052 and which three shall
8585 serve until the second regularly scheduled election of directors.
8686 Sec. 9031.026. EXPIRATION OF SUBCHAPTER. This subchapter
8787 expires September 1, 2016.
8888 [Sections 9031.027-9031.050 reserved for expansion]
8989 SUBCHAPTER B. BOARD OF DIRECTORS
9090 Sec. 9031.051. DIRECTORS; TERMS. (a) The district is
9191 governed by a board of five directors.
9292 (b) Directors serve staggered four-year terms.
9393 Sec. 9031.052. ELECTION OF DIRECTORS. On the uniform
9494 election date in May of each even-numbered year, the appropriate
9595 number of directors shall be elected.
9696 [Sections 9031.053-9031.100 reserved for expansion]
9797 SUBCHAPTER C. POWERS AND DUTIES
9898 Sec. 9031.101. WATER CONTROL AND IMPROVEMENT DISTRICT
9999 POWERS AND DUTIES. The district has the powers and duties provided
100100 by the general law of this state, applicable to water control and
101101 improvement districts created under Section 59, Article XVI, Texas
102102 Constitution, including Chapters 49 and 51, Water Code.
103103 Sec. 9031.102. ROAD PROJECTS. (a) To the extent authorized
104104 by Section 52, Article III, Texas Constitution, the district may
105105 construct, acquire, improve, maintain, or operate macadamized,
106106 graveled, or paved roads, or improvements in aid of those roads,
107107 inside the district.
108108 (b) A road project must meet or exceed all applicable
109109 construction standards, zoning and subdivision requirements, and
110110 regulatory ordinances of each municipality in whose corporate
111111 limits or extraterritorial jurisdiction the district is located. If
112112 the district is located outside the extraterritorial jurisdiction
113113 of a municipality, a road project must meet or exceed all applicable
114114 construction standards, zoning and subdivision requirements, and
115115 regulatory ordinances of each county in which the district is
116116 located.
117117 (c) The district may not undertake a road project unless
118118 each municipality in whose corporate limits or extraterritorial
119119 jurisdiction the district is located consents by ordinance or
120120 resolution. If a district is located outside the extraterritorial
121121 jurisdiction of a municipality, the district may not undertake a
122122 road project unless each county in which the district is located
123123 consents by ordinance or resolution.
124124 Sec. 9031.103. POTABLE WATER SUPPLIER. The district shall
125125 purchase potable water for the district from the West Jefferson
126126 County Municipal Water District or a successor to that supplier of
127127 potable water.
128128 Sec. 9031.104. LEVEE AND FLOOD HAZARD MITIGATION POWERS.
129129 The district may purchase, construct, acquire, own, operate,
130130 maintain, improve, or extend, inside or outside the district,
131131 levees, dikes, flood hazard mitigation structures, and any other
132132 improvements or facilities necessary or convenient to accomplish
133133 the levee improvements and flood hazard mitigation purposes of the
134134 district under Chapter 57, Water Code, as authorized by Section 59,
135135 Article XVI, Texas Constitution.
136136 Sec. 9031.105. DIVISION OF DISTRICT. (a) The district may
137137 be divided into two new districts only if the district:
138138 (1) has no outstanding bonded debt; and
139139 (2) is not imposing ad valorem taxes.
140140 (b) The division procedure is prescribed by Sections 53.030
141141 through 53.041, Water Code. Sections 51.748 through 51.753, Water
142142 Code, do not apply to the district.
143143 (c) Any new district created by the division of the district
144144 has all the powers and duties of the district.
145145 (d) A new district, at the time it is created by the division
146146 of the district, may not contain land outside the area described by
147147 Section 2 of the Act creating this chapter.
148148 Sec. 9031.106. LIMITATION ON DISTRICT DISSOLUTION. (a)
149149 Notwithstanding Section 43.0751, Local Government Code, or any
150150 other general law, the district may not be dissolved before
151151 December 31, 2019, unless the dissolution is approved by:
152152 (1) the board; and
153153 (2) the governing body of each municipality in whose
154154 corporate limits or extraterritorial jurisdiction the district is
155155 located.
156156 (b) This section expires December 31, 2019.
157157 [Sections 9031.107-9031.150 reserved for expansion]
158158 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
159159 Sec. 9031.151. TAX TO REPAY BONDS. The district may impose
160160 a tax to pay the principal of or interest on bonds issued under
161161 Section 9031.201.
162162 [Sections 9031.152-9031.200 reserved for expansion]
163163 SUBCHAPTER E. BONDS
164164 Sec. 9031.201. AUTHORITY TO ISSUE BONDS AND OTHER
165165 OBLIGATIONS. (a) The district may issue bonds or other obligations
166166 as provided by Chapters 49, 51, and 57, Water Code, and to finance
167167 the construction, maintenance, or operation of projects under
168168 Sections 9031.101, 9031.102, and 9031.104.
169169 (b) The district may not issue bonds to finance projects
170170 authorized by Section 9031.102 unless the issuance is approved by a
171171 vote of a two-thirds majority of district voters voting at an
172172 election called for that purpose.
173173 (c) Bonds or other obligations issued or incurred to finance
174174 projects authorized by Section 9031.102 may not exceed one-fourth
175175 of the assessed value of the real property in the district.
176176 SECTION 2. The Smith Road Water Control and Improvement
177177 District No. 1 of Jefferson County initially includes all the
178178 territory contained in the following area:
179179 EXHIBIT "A"
180180 LEGAL DESCRIPTION OF LAND:
181181 Tract I:
182182 BEING a 21.104 acre tract of land, being out of and a part of that
183183 certain Louisiana Gas Development Corporation called 21.100 acre
184184 tract of land more fully described and recorded in Clerk File No.
185185 2005028881 of the Official Public Records of Jefferson County,
186186 Texas. Said 21.104 acre tract being out of the T. & N. O. R. R. Co.
187187 Survey, Abstract No. 261, of said County and State, and is more
188188 particularly described as follows:
189189 BEGINNING at a Concrete Monument found for the Easterly corner of
190190 said Louisiana Gas Development Corporation called 21.100 acre tract
191191 of land, same being the intersection of the Southwesterly right of
192192 way line of Smith Road a public right of way and the Northwesterly
193193 right of way line of Interstate Highway No. 10 a public right of
194194 way;
195195 THENCE South 41 Deg. 37 Min. 00 Sec. West (Reference Bearing) along
196196 and with the Southeasterly line of said Louisiana Gas Development
197197 Corporation called 21.100 acre tract, same being the Northwesterly
198198 right of way line of said Interstate Highway No. 10, a distance of
199199 1000.09 feet to a 5/8-inch iron rod marked "Leap Eng." set for the
200200 Southerly corner of said Louisiana Gas Development Corporation
201201 called 21.100 acre tract, same being an East corner of that certain
202202 Louisiana Gas Development called residue of 501.76 acre tract of
203203 land, more fully described in Clerk File No. 2005028881 of the
204204 Official Public Records of said county and state;
205205 THENCE North 50 Deg. 10 Min. 20 Sec. West along and with the
206206 Southwesterly line of said Louisiana Gas Development Corporation
207207 called 21.100 acre tract, same being a Northeasterly line of said
208208 Louisiana Gas Development Corporation called residue of 501.76 acre
209209 tract, a distance of 850.40 feet to a 1-inch iron rod found for the
210210 Westerly corner of said Louisiana Gas Development Corporation
211211 called 21.100 acre tract, same being an ell corner of said Louisiana
212212 Gas Development Corporation called residue of 501.76 acre tract;
213213 THENCE North 41 Deg. 37 Min. 45 Sec. East along and with the
214214 Northwesterly line of said Louisiana Gas Development Corporation
215215 called 21.100 acre tract, same being a Southeast line of said
216216 Louisiana Gas Development Corporation called residue of 501.76 acre
217217 tract, a distance of 1130.75 feet to a 1-inch iron rod found for the
218218 Northerly corner of said Louisiana Gas Development Corporation
219219 called 21.100 acre tract, same being the most Northwesterly East
220220 corner of said Louisiana Gas Development Corporation called residue
221221 of 501.76 acre tract, same being in the Southwesterly right of way
222222 line of said Smith Road;
223223 THENCE South 50 Deg. 12 Min. 03 Sec. East along and with the
224224 Northeasterly line of said Louisiana Gas Development Corporation
225225 called 21.100 acre tract, same being the Southwesterly right of way
226226 of Smith Road, a distance of 211.13 feet to a concrete monument
227227 found for an angle point of said Louisiana Gas Development
228228 Corporation called 21.100 acre tract;
229229 THENCE South 38 Deg. 32 Min. 29 Sec. East along and with the
230230 Northeasterly line of said Louisiana Gas Development Corporation
231231 said 21.100 acre tract, same being the Southwesterly right of way
232232 line of said Smith Road, a distance of 648.25 feet to the PLACE OF
233233 BEGINNING, containing 21.104 acres of land, more or less.
234234 Tract II:
235235 BEING a 51.418 acre tract of land, being out of and a part of that
236236 certain Louisiana Gas Development Corporation called 231.743 acre
237237 tract of land more fully described and recorded in Clerk File No.
238238 2005028881 of the Official Public Records of Jefferson County,
239239 Texas. Said 51.418 acre tract being out of the H. T. & N. O. R. R.
240240 Co. Survey, Abstract No. 143, of said County and State, and is more
241241 particularly described as follows:
242242 BEGINNING at a 1-inch iron rod found for the Southerly corner of
243243 said Louisiana Gas Development Corporation called 231.743 acre
244244 tract, same being in the Northwesterly right of way line of said
245245 Interstate Highway No. 10, same being the Southeasterly corner of
246246 that certain Sherholders LP called 408.233 acre tract of land more
247247 fully described in Clerk File No. 2003026036 of the Official Public
248248 Records of said County and State, same being the Southerly corner of
249249 said Louisiana Gas Development Corporation called residue of 501.76
250250 acre tract;
251251 THENCE North 20 Deg. 41 Min. 25 Sec. East along and with the
252252 Westerly line of said Louisiana Gas Development Corporation called
253253 231.743 acre tract, same being the Easterly line of said Louisiana
254254 Gas Development Corporation called residue of 501.76 acre tract, a
255255 distance of 2335.19 feet to a 1-inch iron rod found for an angle
256256 point in the Westerly line of said Louisiana Gas Development
257257 Corporation called 231.743 acre tract;
258258 THENCE South 50 Deg. 10 Min. 15 Sec. East along and with a
259259 Northeasterly line of said Louisiana Gas Development Corporation
260260 called 231.743 acre tract, same being a Southwesterly line of said
261261 Louisiana Gas Development Corporation called residue of 501.76 acre
262262 tract, a distance of 174.42 feet to a 1-inch iron rod found for an
263263 ell corner of said Louisiana Gas Development Corporation called
264264 231.743 acre tract;
265265 THENCE North 41 Deg. 37 Min. 05 Sec. East continuing along and with
266266 the Westerly line of said Louisiana Gas Development Corporation
267267 called 231.743 acre tract, same being the Easterly line of said
268268 Louisiana Gas Development Corporation called residue of 501.76 acre
269269 tract, a distance of 1999.86 feet to a 5/8-inch iron rod marked
270270 "Leap Eng." set for the Northerly corner of the herein described
271271 51.418 acre tract, same being the Southerly corner of a 180.238 acre
272272 tract of land called tract III surveyed on the same date as the
273273 herein described;
274274 THENCE South 50 Deg. 10 Min. 20 Sec. East along and with the
275275 Northeasterly line of said Louisiana Gas Development Corporation
276276 called 231.743 acre tract, same being the Southwesterly line of
277277 said Louisiana Gas Development Corporation called residue of 501.76
278278 acre tract, a distance of 660.00 feet to a 1-inch iron rod found for
279279 the Easterly corner of said Louisiana Gas Development Corporation
280280 called 231.743 acre tract, same being in the Northwesterly right of
281281 way line of said Interstate Highway No. 10;
282282 THENCE South 41 Deg. 37 Min. 00 Sec. West along and with the
283283 Southeasterly line of said Louisiana Gas Development Corporation
284284 called 231.743 acre tract, same being the Northwesterly right of
285285 way line of said Interstate Highway No. 10, a distance of 4207.07
286286 feet to the PLACE OF BEGINNING, containing 51.418 acres of land,
287287 more or less.
288288 Tract III:
289289 BEING a 180.238 acre tract of land, being out of and a part of that
290290 certain Louisiana Gas Development Corporation called 231.743 acre
291291 tract of land more fully described and recorded in Clerk File No.
292292 2005028881 of the Official Public Records of Jefferson County,
293293 Texas. Said 180.238 acre tract being out of the H. T. & N. O. R. R.
294294 Co. Survey, Abstract No. 143, T. & N. O. R. R. Co. Survey, Abstract
295295 No. 260, T. & N. O. R. R. Co. Survey, Abstract No. 261, George W.
296296 Kidd Survey, Abstract No. 795, George W. Kidd Survey, Abstract No.
297297 737, and S. D. Decordova Survey, Abstract No. 851 of said County and
298298 State, and is more particularly described as follows:
299299 BEGINNING at a 1-inch iron rod found for a Easterly corner of said
300300 Louisiana Gas Development Corporation called 231.743 acre tract,
301301 same being in the Southwesterly right of way line of said Smith
302302 Road, same being in the Northerly line of said Louisiana Gas
303303 Development Corporation called residue of 501.76 acre tract;
304304 THENCE South 41 Deg. 38 Min. 21 Sec. West along and with a
305305 Southeasterly line of said Louisiana Gas Development Corporation
306306 called 231.743 acre tract, same being a Northeasterly line of said
307307 Louisiana Gas Development Corporation called residue of 501.76 acre
308308 tract, a distance of 2130.59 feet to a 1-inch iron rod found for an
309309 ell corner of said Louisiana Gas Development Corporation called
310310 231.743 acre tract;
311311 THENCE South 50 Deg. 19 Min. 12 Sec. East along and with a
312312 Northeasterly line of said Louisiana Gas Development Corporation
313313 called 231.743 acre tract, same being a Southwesterly line of said
314314 Louisiana Gas Development Corporation called residue of 501.76 acre
315315 tract, a distance of 1150.80 feet to a 5/8-inch iron rod marked
316316 "Leap Eng." set for a PC of a non tangent curve to the right;
317317 THENCE along and with the curve to the right an arc distance of
318318 272.42 feet with a radius of 363.39 feet with a chord bearing of
319319 South 20 Deg. 10 Min. 36 Sec. West a chord distance of 266.09 feet to
320320 a 1-inch iron rod found for an angle point of said Louisiana Gas
321321 Development Corporation called 231.743 acre tract;
322322 THENCE South 41 Deg. 37 Min. 05 Sec. West along and with a
323323 Southeasterly line of said Louisiana Gas Development Corporation
324324 called 231.743 acre tract, same being a Northwesterly line of said
325325 Louisiana Gas Development Corporation called residue of 501.76 acre
326326 tract, a distance of 1751.90 feet to a 5/8-inch iron rod marked
327327 "Leap Eng." set for the Southerly corner of the herein described
328328 180.238 acre tract, same being the Northerly corner of a 51.418 acre
329329 tract of land called Tract II surveyed on the same day as the herein
330330 described tract of land;
331331 THENCE North 50 Deg. 10 Min. 20 Sec. West along and with a
332332 Southwesterly line of said Louisiana Gas Development Corporation
333333 called 231.743 acre tract, same being a Northeasterly line of said
334334 Louisiana Gas Development Corporation called residue of 501.76 acre
335335 tract, a distance of 644.41 feet to a 1-inch iron rod found for an
336336 ell corner of said Louisiana Gas Development Corporation called
337337 231.743 acre tract;
338338 THENCE South 41 Deg. 35 Min. 30 Sec. West along and with a
339339 Southeasterly line of said Louisiana Gas Development Corporation
340340 called 231.743 acre tract, same being a Northwesterly line of said
341341 Louisiana Gas Development Corporation called residue of 501.76 acre
342342 tract, a distance of 239.63 feet to a 5/8-inch iron rod marked "Leap
343343 Eng." set for an angle point for said Louisiana Gas Development
344344 Corporation called 231.743 acre tract;
345345 THENCE South 89 Deg. 57 Min. 09 Sec. West along and with a Southerly
346346 line of said Louisiana Gas Development Corporation called 231.743
347347 acre tract, same being a Northerly line of said Louisiana Gas
348348 Development Corporation called residue of 501.76 acre tract, a
349349 distance of 1077.96 feet to a 5/8-inch iron rod marked "Leap Eng."
350350 set for an ell corner of said Louisiana Gas Development Corporation
351351 called 231.743 acre tract;
352352 THENCE South 00 Deg. 15 Min. 31 Sec. East along and with a Easterly
353353 line of said Louisiana Gas Development Corporation called 231.743
354354 acre tract, same being a Westerly line of said Louisiana Gas
355355 Development Corporation called residue of 501.76 acre tract, a
356356 distance of 1074.17 feet to a 1-inch iron rod found for an ell
357357 corner of said Louisiana Gas Development Corporation called 231.743
358358 acre tract;
359359 THENCE South 89 Deg. 37 Min. 40 Sec. West along and with a Southerly
360360 line of said Louisiana Gas Development Corporation called 231.743
361361 acre tract, same being a Northerly line of said Louisiana Gas
362362 Development Corporation called residue of 501.76 acre tract, a
363363 distance of 571.97 feet to a 5/8-inch iron rod marked "Leap Eng."
364364 set for a Southwesterly corner of said Louisiana Gas Development
365365 Corporation called 231.743 acre tract, same being a Northwesterly
366366 corner of said Louisiana Gas Development Corporation called residue
367367 of 501.76 acre tract, same being in the Easterly line of said
368368 Sherholders LP called 408.233 acre tract;
369369 THENCE North 00 Deg. 14 Min. 54 Sec. West along and with a Westerly
370370 line of said Louisiana Gas Development Corporation called 231.743
371371 acre tract, same being the Easterly line of said Sherholders LP
372372 called 408.233 acre tract, a distance of 1076.90 feet to a 1-inch
373373 iron rod found for an ell corner of said Louisiana Gas Development
374374 Corporation called 231.743 acre tract, same being the Easterly
375375 corner of said Sherholders LP called 408.233 acre tract;
376376 THENCE South 89 Deg. 58 Min. 03 Sec. West along and with a Southerly
377377 line of said Louisiana Gas Development Corporation called 231.743
378378 acre tract, same being the Northerly line of said Sherholders LP
379379 called 408.233 acre tract, a distance of 2083.92 feet to a point for
380380 corner marking a Southwesterly corner of said Louisiana Gas
381381 Development Corporation called 231.743 acre tract, same being the
382382 Northwesterly corner of said Sherholders LP called 408.233 acre
383383 tract, same being in the Easterly line of that certain Sherholders
384384 LP called 126.010 acre tract of land more fully described in Clerks
385385 File No. 2003026036 of the Official Public Records of said County
386386 and State;
387387 THENCE North 00 Deg. 14 Min. 37 Sec. West along and with a Westerly
388388 line of said Louisiana Gas Development Corporation called 231.743
389389 acre tract, same being the Easterly line of said Sherholders LP
390390 called 126.010 acre tract, a distance of 535.85 feet to a 5/8-inch
391391 iron rod marked "Leap Eng." set for a Northwesterly corner of said
392392 Louisiana Gas Development Corporation called 231.743 acre tract,
393393 same being a Southwesterly corner of said Louisiana Gas Development
394394 Corporation called residue of 501.76 acre tract;
395395 THENCE North 89 Deg. 41 Min. 36 Sec. East along and with a Northerly
396396 line of said Louisiana Gas Development Corporation called 231.743
397397 acre tract, same being the Southerly line of said Louisiana Gas
398398 Development Corporation called residue of 501.76 acre tract, a
399399 distance of 3114.90 feet to a 1-inch iron rod found for an angle
400400 point of said Louisiana Gas Development Corporation called 231.743
401401 acre tract;
402402 THENCE North 41 Deg. 36 Min. 48 Sec. East along and with a
403403 Northwesterly line of said Louisiana Gas Development Corporation
404404 called 231.743 acre tract, same being a Southeasterly line of said
405405 Louisiana Gas Development Corporation called residue of 501.76 acre
406406 tract, a distance of 2215.26 feet to a 1-inch iron rod found for an
407407 ell corner of said Louisiana Gas Development Corporation called
408408 231.743 acre tract;
409409 THENCE North 50 Deg. 10 Min. 15 Sec. West along and with a
410410 Southwesterly line of said Louisiana Gas Development Corporation
411411 called 231.745 acre tract, same being a Northeasterly line of said
412412 Louisiana Gas Development Corporation called residue of 501.76 acre
413413 tract, a distance of 829.98 feet to a 1-inch iron rod found a
414414 Westerly corner of said Louisiana Gas Development Corporation
415415 called 231.743 acre tract, same being a Northerly corner of said
416416 Louisiana Gas Development Corporation called residue of 501.76 acre
417417 tract, same being in the Southeasterly line of that certain D & R
418418 Properties called 150.08 acre tract of land more fully described in
419419 Clerk File No. 2005027161 of the Official Public Records of said
420420 County and State;
421421 THENCE North 41 Deg. 36 Min. 48 Sec. East along and with a
422422 Northwesterly line of said Louisiana Gas Development Corporation
423423 called 231.743 acre tract, same being the Southeasterly line of
424424 said D & R Properties called 150.08 acre tract and Treasure Cove a
425425 subdivision to Jefferson County, Texas, recorded in Clerk File No.
426426 2006024719 of the Map Records of said County and State, a distance
427427 of 2129.83 feet to a 5/8-inch iron rod marked "Leap Eng." set for a
428428 Northerly corner of said Louisiana Gas Development Corporation
429429 called 231.743 acre tract, same being the Easterly corner of said D &
430430 R Properties called 150.80 acre tract, same being in the
431431 Southwesterly right of way line of said Smith Road;
432432 THENCE South 50 Deg. 12 Min. 03 Sec. East along and with a
433433 Northeasterly line of said Louisiana Gas Development Corporation
434434 called 231.743 acre tract, same being the Southwesterly right of
435435 way line of said Smith Road, a distance of 1057.06 feet to the PLACE
436436 OF BEGINNING, containing 180.238 acres of land, more or less.
437437 Attachment "B"
438438 Surveyor's Field Note Description: 251.685 Acres
439439 Tract I:
440440 BEING a 101.623 acre tract of land, being out of and a part of that
441441 certain Louisiana Gas Development Corporation called 248.917 acre
442442 tract of land more fully described and recorded in Clerk File No.
443443 2005028881 of the Official Public Records of Jefferson County,
444444 Texas. Said 101.623 acre tract being out of the T. & N. O. R. R. Co.
445445 Survey, Abstract No. 261, George W. Kidd Survey, Abstract No. 761,
446446 George W. Kidd Survey, Abstract No. 795, George W. Kidd Survey,
447447 Abstract No. 737, and the S.D. Decordova Survey, Abstract No. 851,
448448 of said County and State, and is more particularly described as
449449 follows:
450450 BEGINNING at a 5/8-inch iron rod marked "Leap Eng." set for an
451451 Easterly corner of said Louisiana Gas Development Corporation
452452 called 248.917 acre tract, same being the Southerly corner of that
453453 certain Louisiana Gas Development Corporation called 21.100 acre
454454 tract of land more fully described in Clerk File No. 2005028881 of
455455 the Official Public Records of said County and State, same being in
456456 the Northwesterly right of way line if Interstate Highway No. 10 a
457457 public right of way;
458458 THENCE South 41 Deg. 37 Min. 00 Sec. West (Reference Bearing) along
459459 and with the Southeasterly line of said Louisiana Gas Development
460460 Corporation called 248.917 acre tract, same being the Northwesterly
461461 right of way line of said Interstate Highway No. 10, a distance of
462462 2999.99 feet to a 1-inch iron rod found for the Southerly corner of
463463 said Louisiana Gas Development Corporation called 248.917 acre
464464 tract, same being an Easterly corner of that certain Louisiana Gas
465465 Development Corporation called 231.743 acre tract of land more
466466 fully described in Clerk File No. 2005028881 of the Official Public
467467 Records of said County and State;
468468 THENCE North 50 Deg. 10 Min. 20 Sec. West along and with the
469469 Southwesterly line of said Louisiana Gas Development Corporation
470470 called 248.917 acre tract, same being a Northeasterly line of said
471471 Louisiana Gas Development Corporation called 231.743 acre tract, a
472472 distance of 660.00 feet to a 5/8-inch iron rod marked "Leap Eng."
473473 set for a Westerly corner of the herein described 101.623 acre
474474 tract, same being an Easterly corner of a 72.960 acre tract of land
475475 called tract II surveyed on the same date as the herein described;
476476 THENCE North 41 Deg. 37 Min. 05 Sec. East along and with a
477477 Northwesterly line of said Louisiana Gas Development Corporation
478478 called 248.917 acre tract, same being a southeasterly line of said
479479 Louisiana Gas Development Corporation called 231.743 acre tract, a
480480 distance of 1751.90 feet to a 1-inch iron rod found for the PC of a
481481 non tangent curve to the left;
482482 THENCE along and with the curve to the left an arc distance of
483483 272.42 feet with a radius of 363.39 feet with a chord bearing of
484484 North 20 Deg. 10 Min. 36 Sec. East with a chord distance of 266.09
485485 feet to a 5/8-inch iron rod marked "Leap Eng." set for an angle
486486 point of said Louisiana Gas Development Corporation called 248.917
487487 acre tract;
488488 THENCE North 50 Deg. 19 Min. 12 Sec. West along and with a
489489 Southwesterly line of said Louisiana Gas Development Corporation
490490 called 248.917 acre tract, same being a Northeasterly line of said
491491 Louisiana Gas Development Corporation called 231.743 acre tract, a
492492 distance of 1150.80 feet to a 1-inch iron rod found for an ell
493493 corner of said Louisiana Gas Development Corporation called 248.917
494494 acre tract;
495495 THENCE North 41 Deg. 36 Min. 48 Sec. East along and with a
496496 Northwesterly line of said Louisiana Gas Development Corporation
497497 called 248.917 acre tract, same being a Southeasterly line of said
498498 Louisiana Gas Development Corporation called 231.743 acre tract, a
499499 distance of 2130.59 feet to a 1-inch iron rod found for the
500500 Northerly corner of a said Louisiana Gas Development Corporation
501501 called 248.917 acre tract, same being an Easterly corner of said
502502 Louisiana Gas Development Corporation called 231.743 acre tract,
503503 same being in the Southwesterly right of way of Smith Road a public
504504 right of way;
505505 THENCE South 50 Deg. 12 Min. 03 Sec. East along and with a
506506 Northeasterly line of said Louisiana Gas Development Corporation
507507 called 248.917 acre tract, same being in the Southwesterly right of
508508 way line of said Smith Road, a distance of 1056.98 feet to a 1-inch
509509 iron rod found for an Easterly corner of said Louisiana Gas
510510 Development Corporation called 248.917 acre tract same being the
511511 Northerly corner of said Louisiana Gas Development Corporation
512512 called 21.100 acre tract;
513513 THENCE South 41 Deg. 37 Min. 45 Sec. West along and with a
514514 Southeasterly line of said Louisiana Gas Development Corporation
515515 called 248.917 acre tract same being the Northwesterly line of said
516516 Louisiana Gas Development Corporation called 21.100 acre tract, a
517517 distance of 1130.75 feet to a 1-inch iron rod found for an ell
518518 corner of said Louisiana Gas Development Corporation called 248.917
519519 acre tract, same being the Westerly corner of said Louisiana Gas
520520 Development Corporation called 21.100 acre tract;
521521 THENCE South 50 Deg. 10 Min. 20 Sec. East along and with a
522522 Northeasterly line of said Louisiana Gas Development Corporation
523523 called 248.917 acre tract, same being the Southwesterly line of
524524 said Louisiana Gas Development Corporation called 21.100 acre
525525 tract, a distance of 850.40 feet to the PLACE OF BEGINNING,
526526 containing 101.623 acre of land, more or less.
527527 Tract II
528528 BEING a 72.960 acre tract of land, being out of and a part of that
529529 certain Louisiana Gas Development Corporation called 248.917 acre
530530 tract of land more fully described and recorded in Clerk File No.
531531 2005028881 of the Official Public Records of Jefferson County,
532532 Texas. Said 72.960 acre tract being out of the H. T. & N. O. R. R.
533533 Co. Survey, Abstract No. 143, of said County and State, and is more
534534 particularly described as follows:
535535 BEGINNING at a 1-inch iron rod found for the Southerly corner of
536536 said Louisiana Gas Development Corporation called 248.917 acre
537537 tract, same being the Southerly corner of said Louisiana Gas
538538 Development Corporation called 231.743 acre tract, same being in
539539 the Northwesterly right of way line of said Interstate Highway No.
540540 10, same being an easterly corner of that certain Sherholders LP
541541 called 408.233 acre tract of land more fully described in Clerk File
542542 No. 2003026036 of the Official Public Records of said County and
543543 State;
544544 THENCE North 00 Deg. 14 Min. 54 Sec. West along and with a Westerly
545545 line of said Louisiana Gas Development Corporation called 248.917
546546 acre tract, same being a Easterly line of said Sherholders LP called
547547 408.233 acre tract, a distance of 2722.72 feet to a 5/8-inch iron
548548 rod marked "Leap Eng." set for a Westerly corner of said Louisiana
549549 Gas Development Corporation called 248.917 acre tract, same being a
550550 Southwesterly corner of said Louisiana Gas Development Corporation
551551 called 231.743 acre tract;
552552 THENCE North 89 Deg. 37 Min. 40 Sec. East along and with a Northerly
553553 line of said Louisiana Gas Development Corporation called 248.917
554554 acre tract, same being a Southerly line of said Louisiana Gas
555555 Development Corporation called 231.743 acre tract, a distance of
556556 571.97 feet to a 1-inch iron rod found for an ell corner of said
557557 Louisiana Gas Development Corporation called 248.917 acre tract;
558558 THENCE North 00 Deg. 15 Min. 31 Sec. West along and with a Westerly
559559 line of said Louisiana Gas Development Corporation called 248.917
560560 acre tract, same being an Easterly line of said Louisiana Gas
561561 Development Corporation called 231.743 acre tract, a distance of
562562 1074.17 feet to a 5/8-inch iron rod marked "Leap Eng." set for an
563563 ell corner of said Louisiana Gas Development Corporation called
564564 248.917 acre tract;
565565 THENCE North 89 Deg. 57 Min. 09 Sec. East along and with a Northerly
566566 line of said Louisiana Gas Development Corporation called 248.917
567567 acre tract, same being a Southerly line of said Louisiana Gas
568568 Development Corporation called 231.743 acre tract, a distance of
569569 1077.16 feet to a 5/8-inch iron rod marked "Leap Eng." set for an
570570 angle point in said Louisiana Gas Development Corporation called
571571 248.917 acre tract;
572572 THENCE North 41 Deg. 35 Min. 30 Sec. East along and with a
573573 Northwesterly line of said Louisiana Gas Development Corporation
574574 called 248.917 acre tract, same being a Southeasterly line of said
575575 Louisiana Gas Development Corporation called 231.743 acre tract, a
576576 distance of 239.63 feet to a 1-inch iron rod found for an ell corner
577577 of said Louisiana Gas Development Corporation called 248.917 acre
578578 tract;
579579 THENCE South 50 Deg. 10 Min. 20 Sec. East along and with a
580580 Northeasterly line of said Louisiana Gas Development Corporation
581581 called 248.917 acre tract same being a Southwesterly line of said
582582 Louisiana Gas Development Corporation called 231.743 acre tract, a
583583 distance of 644.41 feet to a 5/8-inch iron rod marked "Leap Eng."
584584 set for an Easterly corner of the herein described 72.960 acre
585585 tract, same being a Westerly corner of a 101.623 acre tract of land
586586 called Tract I surveyed on the same date as the herein described;
587587 THENCE South 41 Deg. 37 Min. 05 Sec. West along and with a
588588 Southeasterly line of said Louisiana Gas Development Corporation
589589 called 248.917 acre tact, same being a Northwesterly line of said
590590 Louisiana Gas Development Corporation called 231.743 acre tract, a
591591 distance of 1999.86 feet to a 1-inch iron rod found for an ell
592592 corner of said Louisiana Gas Development Corporation called 248.917
593593 acre tract;
594594 THENCE North 50 Deg. 10 Min. 15 Sec. West along and with a
595595 Southwesterly line of said Louisiana Gas Development Corporation
596596 called 248.917 acre tract, same being a Northeasterly line of said
597597 Louisiana Gas Development Corporation called 231.743 acre tract, a
598598 distance of 174.42 feet to a 1-inch iron rod found for and angle
599599 point in said Louisiana Gas Development Corporation called 248.917
600600 acre tract;
601601 THENCE South 20 Deg. 41 Min. 25 Sec. West along and with an Easterly
602602 line of said Louisiana Gas Development Corporation called 248.917
603603 acre tract, same being a Westerly line of said Louisiana Gas
604604 Development Corporation called 231.743 acre tract, a distance of
605605 2335.19 feet to the PLACE OF BEGINNING, containing 72.960 acres of
606606 land, more or less.
607607 Tract III
608608 BEING a 77.049 acre tract of land, being out of and a part of that
609609 certain Louisiana Gas Development Corporation called 248.917 acre
610610 tract of land more fully described and recorded in Clerk File No.
611611 2005028881 of the Official Public Records of Jefferson County,
612612 Texas. Said 77.049 acre tract being out of the T. & N. O. R. R. Co.
613613 Survey, Abstract No. 260, George W. Kidd Survey, Abstract No. 795,
614614 George W. Kidd Survey, Abstract No. 737, and the S.D. Decordova
615615 Survey, Abstract No. 851, of said County and State, and is more
616616 particularly described as follows:
617617 BEGINNING at a 1-inch iron rod found for Northerly corner of said
618618 Louisiana Gas Development Corporation called 248.917 acre tract,
619619 same being in the Southeasterly line of that certain D & R
620620 Properties called 150.80 acre tract of land more fully described in
621621 Clerk File No. 2005027161 of the Official Public Records of said
622622 County and State, same being a Westerly corner of said Louisiana Gas
623623 Development Corporation called 231.743 acre tract;
624624 THENCE South 50 Deg. 10 Min. 15 Sec. East along and with a
625625 Northeasterly line of said Louisiana Gas Development Corporation
626626 called 248.917 acre tract, same being a Southwesterly line of said
627627 Louisiana Gas Development Corporation called 231.743 acre tract, a
628628 distance of 829.98 feet to a 1-inch iron rod found for an ell corner
629629 of said Louisiana Gas Development Corporation called 248.917 acre
630630 tract;
631631 THENCE South 41 Deg. 36 Min. 48 Sec. West along and with a
632632 Southeasterly line of said Louisiana Gas Development Corporation
633633 called 248.917 acre tract, same being a Northeasterly line of said
634634 Louisiana Gas Development Corporation called 231.743 acre tract, a
635635 distance of 2215.29 feet to a 1-inch iron rod found for an ell
636636 corner in said Louisiana Gas Development Corporation called 248.917
637637 acre tract;
638638 THENCE South 89 Deg. 41 Min. 36 Sec. West along and with a Southerly
639639 line of said Louisiana Gas Development Corporation called 248.917
640640 acre tract, same being a Northerly line of said Louisiana Gas
641641 Development Corporation called 3114.90 feet to a 5/8-inch iron rod
642642 marked "Leap Eng." set for a Southwesterly corner of said Louisiana
643643 Gas Development Corporation called 248.917 acre tract, same being a
644644 Northwesterly corner of said Louisiana Gas Development Corporation
645645 called 231.743 acre tract, same being in a Easterly line of that
646646 certain Sherholders LP called 126.010 acre tract of land more fully
647647 described in Clerk File No. 2003026036 of the Official Public
648648 Records of said County and State;
649649 THENCE North 00 Deg. 14 Min. 37 Sec. West along and with a Westerly
650650 line of said Louisiana Gas Development Corporation called 248.917
651651 acre tract, same being a Easterly line of said Sherholders LP called
652652 126.010 acre tract, a distance of 551.55 feet to a 5/8-inch iron rod
653653 marked "Leap Eng." set for a Northwesterly corner of said Louisiana
654654 Gas Development Corporation called 248.917 acre tract, same being a
655655 Southwesterly corner of that certain Will Crenshaw called 207.49
656656 acre tract of land more fully described in Clerk File No. 2006021640
657657 of the Official Public Records of said County and State;
658658 THENCE South 89 Deg. 59 Min. 38 Sec. East along and with a Northerly
659659 line of said Louisiana Gas Development Corporation called 248.917
660660 acre tract, same being a Southerly line of said Will Crenshaw called
661661 207.49 acre tract and that certain Louisiana Gas Development
662662 Corporation called 11.449 acre tract of land more fully described
663663 in Clerk File No. 2000015005 of the Official Public Records of said
664664 County and State, a distance of 2480.80 feet to a 5/8-inch iron rod
665665 marked "Leap Eng." set for an angle point in said Louisiana Gas
666666 Development Corporation called 248.917 acre tract;
667667 THENCE North 41 Deg. 36 Min. 48 Sec. East along and with a
668668 Northwesterly line of said Louisiana Gas Development Corporation
669669 called 248.917 acre tract, same being a Southeasterly line of said
670670 Louisiana Gas Development Corporation called 11.449 acre tract and
671671 said D & R Properties called 150.80 acre tract, a distance of
672672 2213.74 feet to the PLACE OF BEGINNING, containing 77.049 acres of
673673 land, more or less.
674674 Tract IV
675675 BEING a 11.435 acre tract of land consisting of that certain
676676 Louisiana Gas Development Corporation called 11.449 acre tract of
677677 land more fully described in Clerk File No. 2000015005 of the
678678 Official Public Records of Jefferson County, Texas. Said 11.435
679679 acre tract being out of the T. & N. O. R. R. Co. Survey, Abstract No.
680680 260 and the George W. Kidd Survey, Abstract No. 737 of said County
681681 and State, and is more particularly described as follows:
682682 BEGINNING at a 5/8-inch iron rod marked "Leap Eng." set for the
683683 Northwest corner of said Louisiana Gas Development Corporation
684684 called 11.449 acre tract, same being a Southerly corner of said Will
685685 Crenshaw called 207.49 acre tract, same being in the centerline of
686686 that certain 125 foot wide Drainage Easement more fully described
687687 in Film Coded No. 102-77-1073 of the Official Public Records of said
688688 County and State;
689689 THENCE North 89 Deg. 36 Min. 28 Sec. East along and with the
690690 Northerly line of said Louisiana Gas Development Corporation called
691691 11.449 acre tract, same being a Southerly line of said Will Crenshaw
692692 called 207.49 acre tract, a distance of 940.86 feet to a 1/2-inch
693693 iron rod found for the Northeast corner of said Louisiana Gas
694694 Development Corporation called 11.449 acre tract, same being a
695695 Southerly Corner of said Will Crenshaw called 207.49 acre tract;
696696 THENCE South 00 Deg. 19 Min. 45 Sec. East along and with the
697697 Easterly line of said Louisiana Gas Development Corporation called
698698 11.449 acre tract, same being a Westerly line of said Will Crenshaw
699699 called 207.49 acre tract, a distance of 487.58 feet to a 1/2-inch
700700 iron rod found for the Southeast Corner of said Louisiana Gas
701701 Development Corporation called 11.449 acre tract, same being an
702702 interior corner of said Will Crenshaw called 207.49 acre tract,
703703 same being in a Northerly line of said Louisiana Gas Development
704704 Corporation called 248.917 acre tract;
705705 THENCE South 41 Deg. 36 Min. 48 Sec. West along and with a
706706 Southeasterly line of said Louisiana Gas Development Corporation
707707 called 11.449 acre tract, same being a Northerly line of said
708708 Louisiana Gas Development Corporation called 248.917 acre tract, a
709709 distance of 273.14 feet to a 1/2-inch iron rod found for the most
710710 Southerly Southeast corner of said Louisiana Gas Development
711711 Corporation called 11.449 acre tract, same being an angle point of
712712 said Louisiana Gas Development Corporation called 248.917 acre
713713 tract,
714714 THENCE North 89 Deg. 59 Sec. 38 Min. West along and with the
715715 Southerly line of said Louisiana Gas Development Corporation called
716716 11.449 acre tract, same being a northerly line of said Louisiana Gas
717717 Development Corporation called 207.917 acre tract, a distance of
718718 426.05 feet to a 5/8-inch iron rod marked "Leap Eng." set for the
719719 Southwest Corner of said Louisiana Gas Development Corporation
720720 called 11.449 acre tract, same being in a Northerly line of said
721721 Louisiana Gas Development Corporation called 207.917 acre tract,
722722 same being in the Centerline of said 125 foot wide Drainage
723723 Easement;
724724 THENCE in a Northerly direction along and with the Westerly line of
725725 said Louisiana Gas Development Corporation called 11.449 acre
726726 tract, same being a Easterly line of said Will Crenshaw called
727727 207.49 acre tract same being the centerline of said 125 foot wide
728728 Drainage Ditch the following courses and distances;
729729 North 35 Deg. 41 Min. 44 Sec. West a distance of 45.19 feet to
730730 a point for corner;
731731 North 25 Deg. 16 Min. 34 Sec. West a distance of 172.86 feet
732732 to a point for corner;
733733 North 00 Deg. 19 Min. 34 Sec. West a distance of 133.04 feet
734734 to a point for corner;
735735 North 27 Deg. 08 Min. 27 Sec. West a distance of 215.90 feet
736736 to a point for corner;
737737 North 41 Deg. 50 Min. 08 Sec. West a distance of 162.93 feet
738738 to a point for corner;
739739 North 31 Deg. 44 Min. 51 Sec. West a distance of 53.37 feet to
740740 a point for corner, to the PLACE OF BEGINNING, containing 11.435
741741 acre tract of land, more or less.
742742 SECTION 3. (a) The legal notice of the intention to
743743 introduce this Act, setting forth the general substance of this
744744 Act, has been published as provided by law, and the notice and a
745745 copy of this Act have been furnished to all persons, agencies,
746746 officials, or entities to which they are required to be furnished
747747 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
748748 Government Code.
749749 (b) The governor, one of the required recipients, has
750750 submitted the notice and Act to the Texas Commission on
751751 Environmental Quality.
752752 (c) The Texas Commission on Environmental Quality has filed
753753 its recommendations relating to this Act with the governor, the
754754 lieutenant governor, and the speaker of the house of
755755 representatives within the required time.
756756 (d) All requirements of the constitution and laws of this
757757 state and the rules and procedures of the legislature with respect
758758 to the notice, introduction, and passage of this Act are fulfilled
759759 and accomplished.
760760 SECTION 4. This Act takes effect September 1, 2009.
761761 ______________________________ ______________________________
762762 President of the Senate Speaker of the House
763763 I certify that H.B. No. 2668 was passed by the House on May
764764 15, 2009, by the following vote: Yeas 143, Nays 1, 1 present, not
765765 voting; and that the House concurred in Senate amendments to H.B.
766766 No. 2668 on May 29, 2009, by the following vote: Yeas 145, Nays 0,
767767 1 present, not voting.
768768 ______________________________
769769 Chief Clerk of the House
770770 I certify that H.B. No. 2668 was passed by the Senate, with
771771 amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
772772 0.
773773 ______________________________
774774 Secretary of the Senate
775775 APPROVED: __________________
776776 Date
777777 __________________
778778 Governor