Texas 2009 - 81st Regular

Texas House Bill HB4710 Compare Versions

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1	1	H.B. No. 4710
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Clearwater Ranch Municipal Utility
6	6	District No. 1; providing authority to impose a tax and issue bonds;
7	7	granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8353 to read as follows:
11	11	CHAPTER 8353. CLEARWATER RANCH MUNICIPAL UTILITY DISTRICT NO. 1
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8353.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Clearwater Ranch Municipal
17	17	Utility District No. 1.
18	18	Sec. 8353.002. NATURE OF DISTRICT. The district is a
19	19	municipal utility district created under Section 59, Article XVI,
20	20	Texas Constitution.
21	21	Sec. 8353.003. CONFIRMATION AND DIRECTORS' ELECTION
22	22	REQUIRED. (a) The temporary directors shall hold an election to
23	23	confirm the creation of the district and to elect five permanent
24	24	directors as provided by Section 49.102, Water Code.
25	25	(b) If the creation of the district is not confirmed at a
26	26	confirmation election held under this section before December 31,
27	27	2013:
28	28	(1) the district is dissolved December 31, 2013,
29	29	except that:
30	30	(A) any debts incurred shall be paid;
31	31	(B) any assets that remain after the payment of
32	32	debts shall be transferred to Burnet County; and
33	33	(C) the organization of the district shall be
34	34	maintained until all debts are paid and remaining assets are
35	35	transferred; and
36	36	(2) this chapter expires September 1, 2016.
37	37	Sec. 8353.004. CONSENT OF MUNICIPALITY REQUIRED. The
38	38	temporary directors may not hold an election under Section 8353.003
39	39	until each municipality in whose corporate limits or
40	40	extraterritorial jurisdiction the district is located has
41	41	consented by ordinance or resolution to the creation of the
42	42	district and to the inclusion of land in the district.
43	43	Sec. 8353.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
44	44	The district is created to serve a public purpose and benefit.
45	45	(b) The district is created to accomplish the purposes of:
46	46	(1) a municipal utility district as provided by
47	47	general law and Section 59, Article XVI, Texas Constitution; and
48	48	(2) Section 52, Article III, Texas Constitution, that
49	49	relate to the construction, acquisition, improvement, operation,
50	50	or maintenance of macadamized, graveled, or paved roads, or
51	51	improvements, including storm drainage, in aid of those roads.
52	52	Sec. 8353.006. INITIAL DISTRICT TERRITORY. (a) The
53	53	district is initially composed of the territory described by
54	54	Section 2 of the Act creating this chapter.
55	55	(b) The boundaries and field notes contained in Section 2 of
56	56	the Act creating this chapter form a closure. A mistake made in the
57	57	field notes or in copying the field notes in the legislative process
58	58	does not affect the district's:
59	59	(1) organization, existence, or validity;
60	60	(2) right to issue any type of bond for the purposes
61	61	for which the district is created or to pay the principal of and
62	62	interest on a bond;
63	63	(3) right to impose a tax; or
64	64	(4) legality or operation.
65	65	[Sections 8353.007-8353.050 reserved for expansion]
66	66	SUBCHAPTER B. BOARD OF DIRECTORS
67	67	Sec. 8353.051. GOVERNING BODY; TERMS. (a) The district is
68	68	governed by a board of five elected directors.
69	69	(b) Except as provided by Section 8353.052, directors serve
70	70	staggered four-year terms.
71	71	Sec. 8353.052. TEMPORARY DIRECTORS. (a) On or after the
72	72	effective date of the Act creating this chapter, the owner or owners
73	73	of a majority of the assessed value of the real property in the
74	74	district may submit a petition to the Texas Commission on
75	75	Environmental Quality requesting that the commission appoint as
76	76	temporary directors the five persons named in the petition. The
77	77	commission shall appoint as temporary directors the five persons
78	78	named in the petition.
79	79	(b) Temporary directors serve until the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8353.003; or
82	82	(2) the fourth anniversary of the effective date of
83	83	the Act creating this chapter.
84	84	(c) If permanent directors have not been elected under
85	85	Section 8353.003 and the terms of the temporary directors have
86	86	expired, successor temporary directors shall be appointed or
87	87	reappointed as provided by Subsection (d) to serve terms that
88	88	expire on the earliest of:
89	89	(1) the date permanent directors are elected under
90	90	Section 8353.003;
91	91	(2) the date the requirements of Section
92	92	8353.003(b)(1) are fulfilled; or
93	93	(3) September 1, 2016.
94	94	(d) If Subsection (c) applies, the owner or owners of a
95	95	majority of the assessed value of the real property in the district
96	96	may submit a petition to the Texas Commission on Environmental
97	97	Quality requesting that the commission appoint as successor
98	98	temporary directors the five persons named in the petition. The
99	99	commission shall appoint as successor temporary directors the five
100	100	persons named in the petition.
101	101	[Sections 8353.053-8353.100 reserved for expansion]
102	102	SUBCHAPTER C. POWERS AND DUTIES
103	103	Sec. 8353.101. GENERAL POWERS AND DUTIES. The district has
104	104	the powers and duties necessary to accomplish the purposes for
105	105	which the district is created.
106	106	Sec. 8353.102. MUNICIPAL UTILITY DISTRICT POWERS AND
107	107	DUTIES. The district has the powers and duties provided by the
108	108	general law of this state, including Chapters 49 and 54, Water Code,
109	109	applicable to municipal utility districts created under Section 59,
110	110	Article XVI, Texas Constitution.
111	111	Sec. 8353.103. AUTHORITY FOR ROAD PROJECTS. Under Section
112	112	52, Article III, Texas Constitution, the district may design,
113	113	acquire, construct, finance, issue bonds for, improve, operate,
114	114	maintain, and convey to this state, a county, or a municipality for
115	115	operation and maintenance macadamized, graveled, or paved roads, or
116	116	improvements, including storm drainage, in aid of those roads.
117	117	Sec. 8353.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
118	118	project must meet all applicable construction standards, zoning and
119	119	subdivision requirements, and regulations of each municipality in
120	120	whose corporate limits or extraterritorial jurisdiction the road
121	121	project is located.
122	122	(b) If a road project is not located in the corporate limits
123	123	or extraterritorial jurisdiction of a municipality, the road
124	124	project must meet all applicable construction standards,
125	125	subdivision requirements, and regulations of each county in which
126	126	the road project is located.
127	127	(c) If the state will maintain and operate the road, the
128	128	Texas Transportation Commission must approve the plans and
129	129	specifications of the road project.
130	130	Sec. 8353.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
131	131	OR RESOLUTION. The district shall comply with all applicable
132	132	requirements of any ordinance or resolution that is adopted under
133	133	Section 54.016 or 54.0165, Water Code, and that consents to the
134	134	creation of the district or to the inclusion of land in the
135	135	district.
136	136	Sec. 8353.106. LIMITATION ON USE OF EMINENT DOMAIN. The
137	137	district may not exercise the power of eminent domain outside the
138	138	district to acquire a site or easement for:
139	139	(1) a road project authorized by Section 8353.103; or
140	140	(2) a recreational facility as defined by Section
141	141	49.462, Water Code.
142	142	Sec. 8353.107. DIVISION OF DISTRICT. (a) The district may
143	143	be divided into two or more new districts only if the district:
144	144	(1) has no outstanding bonded debt; and
145	145	(2) is not imposing ad valorem taxes.
146	146	(b) This chapter applies to any new district created by the
147	147	division of the district, and a new district has all the powers and
148	148	duties of the district.
149	149	(c) Any new district created by the division of the district
150	150	may not, at the time the new district is created, contain any land
151	151	outside the area described by Section 2 of the Act creating this
152	152	chapter.
153	153	(d) The board, on its own motion or on receipt of a petition
154	154	signed by the owner or owners of a majority of the assessed value of
155	155	the real property in the district, may adopt an order dividing the
156	156	district.
157	157	(e) The board may adopt an order dividing the district only
158	158	after the date on which the creation of the district is confirmed at
159	159	an election under Section 8353.003.
160	160	(f) An order dividing the district shall:
161	161	(1) name each new district;
162	162	(2) include the metes and bounds description of the
163	163	territory of each new district;
164	164	(3) appoint temporary directors for each new district
165	165	or provide that the owner or owners of a majority of the assessed
166	166	value of the real property in each new district may submit a
167	167	petition to the Texas Commission on Environmental Quality
168	168	requesting that the commission appoint as temporary directors the
169	169	five persons named in the petition; and
170	170	(4) provide for the division of assets and liabilities
171	171	between or among the new districts.
172	172	(g) On or before the 30th day after the date of adoption of
173	173	an order dividing the district, the district shall file the order
174	174	with the Texas Commission on Environmental Quality and record the
175	175	order in the real property records of each county in which the
176	176	district is located.
177	177	(h) Any new district created by the division of the district
178	178	shall hold a confirmation and directors' election as required by
179	179	Section 8353.003(a). A new district that is not confirmed is
180	180	subject to dissolution under general law.
181	181	(i) Municipal consent to the creation of the district and to
182	182	the inclusion of land in the district granted under Section
183	183	8353.004 acts as municipal consent to the creation of any new
184	184	district created by division of the district and to the inclusion of
185	185	land in the new district.
186	186	(j) Any new district created by the division of the district
187	187	must hold an election as required by this chapter to obtain voter
188	188	approval before the district may impose a maintenance tax or issue
189	189	bonds payable wholly or partly from ad valorem taxes.
190	190	[Sections 8353.108-8353.150 reserved for expansion]
191	191	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
192	192	Sec. 8353.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
193	193	district may issue, without an election, bonds and other
194	194	obligations secured by:
195	195	(1) revenue other than ad valorem taxes; or
196	196	(2) contract payments described by Section 8353.153.
197	197	(b) The district must hold an election in the manner
198	198	provided by Chapters 49 and 54, Water Code, to obtain voter approval
199	199	before the district may impose an ad valorem tax or issue bonds
200	200	payable from ad valorem taxes.
201	201	(c) The district may not issue bonds payable from ad valorem
202	202	taxes to finance a road project unless the issuance is approved by a
203	203	vote of a two-thirds majority of the district voters voting at an
204	204	election held for that purpose.
205	205	Sec. 8353.152. OPERATION AND MAINTENANCE TAX. (a) If
206	206	authorized at an election held under Section 8353.151, the district
207	207	may impose an operation and maintenance tax on taxable property in
208	208	the district in accordance with Section 49.107, Water Code.
209	209	(b) The board shall determine the tax rate. The rate may not
210	210	exceed the rate approved at the election.
211	211	Sec. 8353.153. CONTRACT TAXES. (a) In accordance with
212	212	Section 49.108, Water Code, the district may impose a tax other than
213	213	an operation and maintenance tax and use the revenue derived from
214	214	the tax to make payments under a contract after the provisions of
215	215	the contract have been approved by a majority of the district voters
216	216	voting at an election held for that purpose.
217	217	(b) A contract approved by the district voters may contain a
218	218	provision stating that the contract may be modified or amended by
219	219	the board without further voter approval.
220	220	[Sections 8353.154-8353.200 reserved for expansion]
221	221	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
222	222	Sec. 8353.201. AUTHORITY TO ISSUE BONDS AND OTHER
223	223	OBLIGATIONS. The district may issue bonds or other obligations
224	224	payable wholly or partly from ad valorem taxes, impact fees,
225	225	revenue, contract payments, grants, or other district money, or any
226	226	combination of those sources, to pay for any authorized district
227	227	purpose.
228	228	Sec. 8353.202. TAXES FOR BONDS. At the time the district
229	229	issues bonds payable wholly or partly from ad valorem taxes, the
230	230	board shall provide for the annual imposition of a continuing
231	231	direct ad valorem tax, without limit as to rate or amount, while all
232	232	or part of the bonds are outstanding as required and in the manner
233	233	provided by Sections 54.601 and 54.602, Water Code.
234	234	Sec. 8353.203. BONDS FOR ROAD PROJECTS. At the time of
235	235	issuance, the total principal amount of bonds or other obligations
236	236	issued or incurred to finance road projects and payable from ad
237	237	valorem taxes may not exceed one-fourth of the assessed value of the
238	238	real property in the district.
239	239	SECTION 2. The Clearwater Ranch Municipal Utility District
240	240	No. 1 initially includes all the territory contained in the
241	241	following area: 1800.01 Acres of land, consisting of the 870.04
242	242	acre tract described below as "TRACT 1", the 66.05 acre tract
243	243	described below as "TRACT 2", the 90.12 acre tract described below
244	244	as "TRACT 3" and 773.80 acre tract described below as "TRACT 4":
245	245	TRACT 1: Being 870.04 acres out of the Spring Creek IRR. Co.
246	246	Survey No. 22, A-1050, the S.F.I.W. Co. Survey No. 1, A-843, the
247	247	Johannes Braumholz Survey No. 954, A-109, the Jeptha Boyce Survey
248	248	No. 47, A-114, the R.R. Robarts Survey No. 963, A-765, the John
249	249	Hasseldanz Survey No. 959, A-430, and the Wayne Barton Survey No. 3,
250	250	A-112; Being a portion of a called 21,304.716 acre tract as
251	251	described in a Special Warranty Deed to Oakhurst Properties, L.P.
252	252	of record in Instrument File Number 700684, Real Property Records
253	253	of Burnet County, Texas; Said 21,304.716 acre tract being
254	254	referenced in the Correction Special Warranty Deed to Oakhurst
255	255	Properties, L.P. of record in Instrument File Number 0800010, Real
256	256	Property Records of Burnet County, Texas; and being more
257	257	particularly described by metes and bounds as follows:
258	258	BEGINNING at a point in a west line of the said 21,304.716
259	259	acre tract, for the POINT OF BEGINNING of the tract described
260	260	herein;
261	261	THENCE with a west and south line of the said 21,304.716 acre
262	262	tract, the following twenty-three (23) courses and distances:
263	263	1. N 01 44' 33" W a distance of 39.44 feet to a point of curvature,
264	264	2. with the arc of a curve to the right having a radius of 1195.10
265	265	feet, an arc distance of 81.65 feet, and a chord of which bears S 84
266	266	40' 47" E a distance of 81.63 feet to a point,
267	267	3. N 01 07' 46" W a distance of 1928.52 feet to a point,
268	268	4. S 88 18' 02" W a distance of 1966.50 feet to a point,
269	269	5. N 01 58' 03" W a distance of 5180.83 feet to a point,
270	270	6. N 88 00' 26" E a distance of 1161.15 feet to a point,
271	271	7. N 87 18' 58" E a distance of 347.82 feet to a point,
272	272	8. N 87 18' 56" E a distance of 1018.61 feet to a point,
273	273	9. N 88 14' 21" E a distance of 1485.39 feet to a point,
274	274	10. S 77 25' 44" E a distance of 204.78 feet to a point,
275	275	11. S 61 02' 57" E a distance of 196.93 feet to a point,
276	276	12. N 85 47' 32" E a distance of 162.77 feet to a point,
277	277	13. S 61 28' 56" E a distance of 182.89 feet to a point,
278	278	14. S 03 38' 40" E a distance of 387.97 feet to a point,
279	279	15. S 29 50' 10 E a distance of 372.55 feet to a point,
280	280	16. S 56 06' 57" E a distance of 129.92 feet to a point,
281	281	17. S 37 58' 22" E a distance of 101.04 feet to a point,
282	282	18. N 75 28' 05" E a distance of 140.83 feet to a point,
283	283	19. S 89 37' 37" E a distance of 132.69 feet to a point,
284	284	20. N 31 26' 53" E a distance of 516.63 feet to a point,
285	285	21. S 52 36' 15" E a distance of 72.31 feet to a point,
286	286	22. S 53 20' 10" E a distance of 374.14 feet to a point, and
287	287	23. S 53 16' 09" E a distance of 467.48 feet to a point;
288	288	THENCE crossing the said 21,304.716 acre tract, the following
289	289	fifteen (15) courses and distances:
290	290	1. S 37 03' 44" E a distance of 2152.43 feet to a point of
291	291	curvature,
292	292	2. with the arc of a curve to the right having a radius of 965.00
293	293	feet, an arc distance of 168.13 feet, and a chord of which bears S
294	294	45 56' 37" W a distance of 167.91 feet to a point,
295	295	3. S 50 56' 05" W a distance of 150.90 feet to a point of
296	296	curvature,
297	297	4. with the arc of a curve to the right having a radius of 965.00
298	298	feet, an arc distance of 148.69 feet, and a chord of which bears S
299	299	55 20' 57" W a distance of 148.55 feet to a point,
300	300	5. S 59 45' 48" W a distance of 175.46 feet to a point of
301	301	curvature,
302	302	6. with the arc of a curve to the left having a radius of 965.00
303	303	feet, an arc distance of 449.47 feet, and a chord of which bears S
304	304	46 25' 12" W a distance of 445.42 feet to a point,
305	305	7. S 33 04' 36" W a distance of 149.14 feet to a point of
306	306	curvature,
307	307	8. with the arc of a curve to the left having a radius of 650.00
308	308	feet, an arc distance of 467.73 feet, and a chord of which bears S
309	309	12 27' 43" W a distance of 457.71 feet to a point,
310	310	9. S 08 09' 10" E a distance of 77.76 feet to a point of curvature,
311	311	10. with the arc of a curve to the right having a radius of 450.00
312	312	feet, an arc distance of 344.33 feet, and a chord of which bears S
313	313	13 46' 06" W a distance of 335.99 feet to a point,
314	314	11. S 35 41' 21" W a distance of 329.62 feet to a point of
315	315	curvature,
316	316	12. with the arc of a curve to the right having a radius of 965.00
317	317	feet, an arc distance of 614.74 feet, and a chord of which bears S
318	318	53 56' 20" W a distance of 604.40 feet to a point,
319	319	13. S 72 11' 19" W a distance of 223.39 feet to a point of
320	320	curvature,
321	321	14. with the arc of a curve to the left having a radius of 965.00
322	322	feet, an arc distance of 346.22 feet, and a chord of which bears S
323	323	61 54' 38" W a distance of 344.37 feet to a point, and
324	324	15. S 51 37' 56" W a distance of 1645.00 feet to a point;
325	325	THENCE with an interior line of the said 21,304.716 acre
326	326	tract, the following eight (8) courses and distances:
327	327	1. N 30 34' 16" W a distance of 335.31 feet to a point,
328	328	2. N 37 38' 09" W a distance of 269.46 feet to a point,
329	329	3. N 74 23' 51" W a distance of 65.84 feet to a point,
330	330	4. S 37 28' 46" E a distance of 108.89. feet to a point,
331	331	5. S 16 44' 16" E a distance of 311.64. feet to a point,
332	332	6. S 27 58' 37" E a distance of 456.02. feet to a point,
333	333	7. S 15 58' 33" E a distance of 662.26. feet to a point, and
334	334	8. S 12 09' 46" W a distance of 112.03. feet to a point;
335	335	THENCE crossing the said 21,304.716 acre tract, the following
336	336	six (6) courses and distances:
337	337	1. with the arc of a curve to the left having a radius of 11,273.10
338	338	feet, an arc distance of 517.85 feet, and a chord of which bears N
339	339	77 16' 44" W a distance of 517.80 feet to a point of compound
340	340	curvature,
341	341	2. with the arc of a curve to the left having a radius of 6956.95
342	342	feet, an arc distance of 288.93 feet, and a chord of which bears N
343	343	79 47' 04" W a distance of 288.91 feet to a point of compound
344	344	curvature,
345	345	3. with the arc of a curve to the left having a radius of 966.42
346	346	feet, an arc distance of 285.74 feet, and a chord of which bears N
347	347	89 26' 41" W a distance of 284.70 feet to a point,
348	348	4. S 82 59' 52" W a distance of 342.99. feet to a point of
349	349	curvature,
350	350	5. with the arc of a curve to the right having a radius of 1318.17
351	351	feet, an arc distance of 411.62 feet, and a chord of which bears N
352	352	84 06' 10" W a distance of 409.95 feet to a point of reverse
353	353	curvature, and
354	354	6. with the arc of a curve to the left having a radius of 1611.43
355	355	feet, an arc distance of 293.69 feet, and a chord of which bears N
356	356	80 22' 41" W a distance of 293.29 feet to the POINT OF BEGINNING,
357	357	containing 870.04 acres of land; and
358	358	TRACT 2: Being 66.05 acres of land out of the Wayne Barton
359	359	Survey No. 3, A-112, the William J. Asher Survey No. 693, A-11, and
360	360	the John Hasseldanz Survey No. 959, A-430; being a portion of a
361	361	called 21,304.716 acre tract as described in a Special Warranty
362	362	Deed to Oakhurst Properties, L.P. of record in Instrument File
363	363	Number 700684, Real Property Records of Burnet County, Texas; said
364	364	21,304.716 acre tract being referenced in the Correction Special
365	365	Warranty Deed to Oakhurst Properties, L.P. of record in Instrument
366	366	File Number 0800010, Real Property Records of Burnet County, Texas;
367	367	and being more particularly described by metes and bounds as
368	368	follows:
369	369	BEGINNING at a point in an interior line of the said
370	370	21,304.716 acre tract, for the POINT OF BEGINNING of the tract
371	371	described herein;
372	372	THENCE with an interior line and a western line of the said
373	373	21,304.716 acre tract, the following thirty-six (36) courses and
374	374	distances:
375	375	1. S 12 09' 46" W a distance of 513.70 feet to a point,
376	376	2. S 35 53' 28" W a distance of 151.96 feet to a point,
377	377	3. S 55 57' 49" W a distance of 109.21 feet to a point,
378	378	4. S 75 26' 52" W a distance of 76.39 feet to a point,
379	379	5. N 89 01' 42" W a distance of 107.23 feet to a point,
380	380	6. N 34 15' 53" W a distance of 49.61 feet to a point,
381	381	7. N 39 31' 17" W a distance of 109.25 feet to a point,
382	382	8. N 30 02' 27" W a distance of 67.75 feet to a point,
383	383	9. S 85 18' 47" W a distance of 41.19 feet to a point,
384	384	10. S 19 00' 18" W a distance of 96.93 feet to a point,
385	385	11. S 03 44' 34" W a distance of 116.52 feet to a point,
386	386	12. S 42 53' 24" W a distance of 81.73 feet to a point,
387	387	13. S 71 05' 19" W a distance of 222.63 feet to a point,
388	388	14. N 42 48' 59" W a distance of 145.65 feet to a point,
389	389	15. S 21 10' 17" W a distance of 197.97 feet to a point,
390	390	16. S 50 10' 36" W a distance of 91.96 feet to a point,
391	391	17. S 73 37' 59" W a distance of 88.80 feet to a point,
392	392	18. N 72 05' 19" W a distance of 46.97 feet to a point,
393	393	19. N 46 48' 36" W a distance of 30.88 feet to a point,
394	394	20. N 02 01' 21" W a distance of 271.67 feet to a point,
395	395	21. S 71 36' 05" W a distance of 211.06 feet to a point,
396	396	22. S 41 56' 24" W a distance of 315.57 feet to a point,
397	397	23. S 59 44' 22" W a distance of 407.41 feet to a point,
398	398	24. S 55 04' 35" W a distance of 393.64 feet to a point,
399	399	25. S 77 58' 46" W a distance of 216.79 feet to a point,
400	400	26. S 89 37' 43" W a distance of 96.28 feet to a point,
401	401	27. N 41 44' 38" W a distance of 161.69 feet to a point,
402	402	28. S 52 50' 27" W a distance of 116.54 feet to a point;
403	403	29. N 74 17' 39" W a distance of 94.22 feet to a point,
404	404	30. N 01 35' 16" W a distance of 219.50 feet to a point,
405	405	31. N 27 33' 48" W a distance of 187.71 feet to a point,
406	406	32. N 07 28' 09" E a distance of 381.09 feet to a point,
407	407	33. N 19 36' 07" E a distance of 69.77 feet to a point,
408	408	34. N 21 21' 37" E a distance of 89.13 feet to a point,
409	409	35. N 87 32' 13" E a distance of 933.07 feet to a point, and
410	410	36. N 01 44' 33" W a distance of 685.02 feet to a point of
411	411	curvature;
412	412	THENCE crossing the said 21,304.716 acre tract, the following
413	413	six (6) courses and distances:
414	414	1. with the arc of a curve to the right having a radius of 1611.43
415	415	feet, an arc distance of 293.69 feet, and a chord of which bears S
416	416	80 22' 41" E a distance of 293.29 feet to a point of reverse
417	417	curvature,
418	418	2. with the arc of a curve to the left having a radius of 1318.17
419	419	feet, an arc distance of 411.62 feet, and a chord of which bears S
420	420	84 06' 10" E a distance of 409.95 feet to a point,
421	421	3. N 82 59' 52" E a distance of 342.99 feet to a point of
422	422	curvature,
423	423	4. with the arc of a curve to the right having a radius of 966.42
424	424	feet, an arc distance of 285.74 feet, and a chord of which bears S
425	425	89 26' 41" E a distance of 284.70 feet to a point of compound
426	426	curvature,
427	427	5. with the arc of a curve to the right having a radius of 6956.95
428	428	feet, an arc distance of 288.93 feet, and a chord of which bears S
429	429	79 47' 04" E a distance of 288.91 feet to a point of compound
430	430	curvature,
431	431	6. with the arc of a curve to the right having a radius of
432	432	11,273.10 feet, an arc distance of 517.85 feet, and a chord of which
433	433	bears S 77 16' 44" E a distance of 517.80 feet to the POINT OF
434	434	BEGINNING, containing 66.05 acres of land; and
435	435	TRACT 3: Being 90.12 acres of land out of the Wayne Barton
436	436	Survey No. 3, A-112, the William J. Asher Survey No. 693, A-11, and
437	437	the John Hasseldanz Survey No. 959, A-430; being a portion of a
438	438	called 21,304.716 acre tract as described in a Special Warranty
439	439	Deed to Oakhurst Properties, L.P. of record in Instrument File
440	440	Number 700684, Real Property Records of Burnet County, Texas; said
441	441	21,304.716 acre tract being referenced in the Correction Special
442	442	Warranty Deed to Oakhurst Properties, L.P. of record in Instrument
443	443	File Number 0800010, Real Property Records of Burnet County, Texas;
444	444	and being more particularly described by metes and bounds as
445	445	follows:
446	446	BEGINNING at a point in an interior line of the said
447	447	21,304.716 acre tract, for the POINT OF BEGINNING of the tract
448	448	described herein;
449	449	THENCE crossing the said 21,304.716 acre tract, the following
450	450	eight (8) courses and distances:
451	451	1. with the arc of a curve to the right having a radius of
452	452	11,273.10 feet, an arc distance of 128.50 feet, and a chord of which
453	453	bears S 73 54' 15" E a distance of 128.50 feet to a point of reverse
454	454	curvature,
455	455	2. with the arc of a curve to the left having a radius of 1,317.71
456	456	feet, an arc distance of 255.48 feet, and a chord of which bears S
457	457	79 07' 55" E a distance of 255.08 feet to a point of reverse
458	458	curvature,
459	459	3. with the arc of a curve to the right having a radius of 607.59
460	460	feet, an arc distance of 502.31 feet, and a chord of which bears S
461	461	61 00' 09" E a distance of 488.13 feet to a point of compound
462	462	curvature,
463	463	4. with the arc of a curve to the right having a radius of 400.80
464	464	feet, an arc distance of 429.83 feet, and a chord of which bears S
465	465	06 35' 46" E a distance of 409.53 feet to a point of compound
466	466	curvature,
467	467	5. with the arc of a curve to the right having a radius of 1133.46
468	468	feet, an arc distance of 441.33 feet, and a chord of which bears S
469	469	35 16' 52" W a distance of 438.55 feet to a point of reverse
470	470	curvature,
471	471	6. with the arc of a curve to the left having a radius of 1264.26
472	472	feet, an arc distance of 415.88 feet, and a chord of which bears S
473	473	37 00' 42" W a distance of 414.01 feet to a point of compound
474	474	curvature,
475	475	7. with the arc of a curve to the left having a radius of 600.99
476	476	feet, an arc distance of 556.00 feet, and a chord of which bears S
477	477	01 05' 04" W a distance of 536.39 feet to a point of compound
478	478	curvature, and
479	479	8. with the arc of a curve to the left having a radius of 798.92
480	480	feet, an arc distance of 408.33 feet, and a chord of which bears S
481	481	40 03' 39" E a distance of 403.90 feet to a point;
482	482	THENCE with a south line and an interior line of the said
483	483	21,304.716 acre tract, the following forty-two (42) courses and
484	484	distances:
485	485	1. N 89 58' 50" W a distance of 65.58 feet to a point,
486	486	2. S 88 43' 19" W a distance of 1966.32 feet to a point,
487	487	3. S 00 00' 47" E a distance of 540.91 feet to a point,
488	488	4. S 88 03' 31" W a distance of 1510.53 feet to a point,
489	489	5. N 46 29' 55" E a distance of 637.86 feet to a point,
490	490	6. N 64 44' 13" E a distance of 258.92 feet to a point,
491	491	7. N 53 23' 17" E a distance of 117.03 feet to a point,
492	492	8. S 83 34' 48" E a distance of 54.02 feet to a point,
493	493	9. S 04 19' 09" E a distance of 111.22 feet to a point,
494	494	10. S 08 41' 40" W a distance of 38.84 feet to a point,
495	495	11. S 22 43' 53" E a distance of 41.31 feet to a point,
496	496	12. N 62 49' 16" E a distance of 54.63 feet to a point,
497	497	13. N 60 31' 18" E a distance of 85.09 feet to a point,
498	498	14. N 39 17' 25" E a distance of 85.64 feet to a point,
499	499	15. N 14 38' 43" E a distance of 93.63 feet to a point,
500	500	16. N 26 48' 58" E a distance of 124.75 feet to a point,
501	501	17. N 32 00' 31" E a distance of 172.29 feet to a point,
502	502	18. N 28 39' 34" E a distance of 210.95 feet to a point,
503	503	19. N 25 06' 51" E a distance of 155.56 feet to a point,
504	504	20. N 38 53' 57" E a distance of 127.37 feet to a point,
505	505	21. N 68 58'39" E a distance of 69.29 feet to a point,
506	506	22. S 56 59' 22" E a distance of 56.19 feet to a point,
507	507	23. S 41 45' 07" E a distance of 82.01 feet to a point,
508	508	24. N 70 48' 34" E a distance of 15.71 feet to a point,
509	509	25. N 00 12' 58" W a distance of 81.42 feet to a point,
510	510	26. N 09 59' 31" W a distance of 133.73 feet to a point,
511	511	27. N 19 57' 24" E a distance of 84.69 feet to a point,
512	512	28. N 74 15' 02" E a distance of 132.60 feet to a point,
513	513	29. N 39 30' 32" E a distance of 104.75 feet to a point,
514	514	30. N 62 08' 58" E a distance of 257.83 feet to a point,
515	515	31. N 81 48' 22" E a distance of 106.37 feet to a point,
516	516	32. N 35 49' 44" E a distance of 51.40 feet to a point,
517	517	33. N 72 52' 40" E a distance of 129.23 feet to a point,
518	518	34. N 65 44' 31" E a distance of 104.43 feet to a point,
519	519	35. N 74 22' 24" E a distance of 60.64 feet to a point,
520	520	36. N 48 58' 40" E a distance of 166.27 feet to a point,
521	521	37. N 37 23' 34" E a distance of 140.36 feet to a point,
522	522	38. N 23 42' 41" E a distance of 304.57 feet to a point,
523	523	39. N 33 22' 43" E a distance of 75.08 feet to a point,
524	524	40. N 19 04' 34" E a distance of 313.98 feet to a point,
525	525	41. N 16 59' 38" W a distance of 64.83 feet to a point, and
526	526	42. N 20 11' 16" E a distance of 23.09 feet to the POINT OF
527	527	BEGINNING, containing 90.12 acres of land; and
528	528	TRACT 4: Being 773.80 acres of land out of the Johannes
529	529	Braunholz Survey No. 954, A-109, the L.R. Parks Survey No. 2,
530	530	A-1140, the S.F.I.W. Co. Survey No. 3, A-845, the T. & N.O. RR. Co.
531	531	Survey No. 17, A-916, the John Hasseldanz Survey No. 959, A-430, the
532	532	Wayne Barton Survey No. 3, A-112, and the William Asher Survey No.
533	533	693, A-11; Being a portion of a called 21,304.716 acre tract as
534	534	described in the Special Warranty Deed to Oakhurst Properties, L.P.
535	535	of record in Instrument File Number 700684, Real Property Records
536	536	of Burnet County, Texas; Said 21,304.716 acre tract being reference
537	537	din the Correction Special Warranty Deed to Oakhurst Properties,
538	538	L.P. of record in Instrument File Number 0800010, Real Property
539	539	Records of Burnet County, Texas; and being more particularly
540	540	described by metes and bounds as follows:
541	541	BEGINNING at a point at an interior corner of the said
542	542	21,304.716 acre tract, for the POINT OF BEGINNING of the tract
543	543	described herein;
544	544	THENCE with a south and east line of the said 21,304.716 acre
545	545	tract, the following seven (7) courses and distances:
546	546	1. S 89 38' 19" W a distance of 2318.51 feet to a point,
547	547	2. S 00 43' 57" E a distance of 2482.65 feet to a point,
548	548	3. S 25 55' 39" E a distance of 2196.15 feet to a point,
549	549	4. S 89 26' 42" W a distance of 1914.11 feet to a point,
550	550	5. S 89 08' 43" W a distance of 748.04 feet to a point,
551	551	6. S 87 55' 45" W a distance of 1130.14 feet to a point, and
552	552	7. N 89 58' 50" W a distance of 73.15 feet to a point of curvature;
553	553	THENCE crossing the said 21,304.716 acre tract, the following
554	554	eight (8) courses and distances:
555	555	1. with the arc of a curve to the right having a radius of 798.92
556	556	feet, an arc distance of 408.33 feet, and a chord of which bears N
557	557	40 03' 39" W a distance of 403.90 feet to a point of compound
558	558	curvature,
559	559	2. with the arc of a curve to the right having a radius of 600.99
560	560	feet, an arc distance of 556.00 feet, and a chord of which bears N
561	561	01 05' 04" E a distance of 536.39 feet to a point of compound
562	562	curvature,
563	563	3. with the arc of a curve to the right having a radius of 1264.26
564	564	feet, an arc distance of 415.88 feet, and a chord of which bears N
565	565	37 00' 42" E a distance of 414.01 feet to a point of reverse
566	566	curvature,
567	567	4. with the arc of a curve to the left having a radius of 1133.46
568	568	feet, an arc distance of 441.33 feet, and a chord of which bears N
569	569	35 16' 52" E a distance of 438.55 feet to a point of compound
570	570	curvature,
571	571	5. with the arc of a curve to the left having a radius of 400.80
572	572	feet, an arc distance of 429.83 feet, and a chord of which bears N
573	573	06 35' 46" W a distance of 409.53 feet to a point of compound
574	574	curvature,
575	575	6. with the arc of a curve to the left having a radius of 607.59
576	576	feet, an arc distance of 502.31 feet, and a chord of which bears N
577	577	61 00' 09" W a distance of 488.13 feet to a point of reverse
578	578	curvature,
579	579	7. with the arc of a curve to the right having a radius of 1,317.71
580	580	feet, an arc distance of 255.48 feet, and a chord of which bears N
581	581	79 07' 55" W a distance of 255.08 feet to a point of reverse
582	582	curvature, and
583	583	8. with the arc of a curve to the left having a radius of 11,273.10
584	584	feet, an arc distance of 128.50 feet, and a chord of which bears N
585	585	73 54' 15" W a distance of 128.50 feet to a point;
586	586	THENCE with an interior line of the said 21,304.716 acre
587	587	tract, the following five (5) courses and distances:
588	588	1. N 20 11' 16" E a distance of 27.57 feet to a point,
589	589	2. N 87 16' 17" E a distance of 158.53 feet to a point,
590	590	3. N 72 08' 03" E a distance of 80.32 feet to a point,
591	591	4. N 59 29' 17" W a distance of 155.40 feet to a point, and
592	592	5. N 30 34' 16" W a distance of 1120.38 feet to a point
593	593	THENCE crossing the said 21,304.716 acre tract, the following
594	594	fifteen (15) courses and distances:
595	595	1. N 51 37' 56" E a distance of 1645.00 feet to a point of
596	596	curvature,
597	597	2. with the arc of a curve to the right having a radius of 965.00
598	598	feet, an arc distance of 346.22 feet, and a chord of which bears N
599	599	61 54' 38" E a distance of 344.37 feet to a point,
600	600	3. N 72 11' 19" E a distance of 223.39 feet to a point of
601	601	curvature,
602	602	4. with the arc of a curve to the left having a radius of 965.00
603	603	feet, an arc distance of 614.74 feet, and a chord of which bears N
604	604	53 56' 20" E a distance of 604.40 feet to a point,
605	605	5. N 35 41' 21" E a distance of 329.62 feet to a point of
606	606	curvature,
607	607	6. with the arc of a curve to the left having a radius of 450.00
608	608	feet, an arc distance of 344.33 feet, and a chord of which bears N
609	609	13 46' 06" E a distance of 335.99 feet to a point,
610	610	7. N 08 09' 10"W a distance of 77.77 feet to a point of curvature,
611	611	8. with the arc of a curve to the right having a radius of 650.00
612	612	feet, an arc distance of 467.73 feet, and a chord of which bears N
613	613	12 27' 43" E a distance of 457.71 feet to a point,
614	614	9. N 33 04' 36" E a distance of 149.14 feet to a point of
615	615	curvature,
616	616	10. with the arc of a curve to the right having a radius of 965.00
617	617	feet, an arc distance of 449.47 feet, and a chord of which bears N
618	618	46 25' 12" E a distance of 445.42 feet to a point,
619	619	11. N 59 45' 48" E a distance of 175.46 feet to a point of
620	620	curvature,
621	621	12. with the arc of a curve to the left having a radius of 965.00
622	622	feet, an arc distance of 148.69 feet, and a chord of which bears N
623	623	55 20' 57" E a distance of 148.55 feet to a point,
624	624	13. N 50 56' 05" E a distance of 150.90 feet to a point of
625	625	curvature,
626	626	14. with the arc of a curve to the left having a radius of 965.00
627	627	feet, an arc distance of 168.13 feet, and a chord of which bears N
628	628	45 56' 37" E a distance of 167.91 feet to a point, and
629	629	15. N 37 03' 44" W a distance of 2152.43 feet to a point;
630	630	THENCE with an interior line of the said 21,304.716 acre
631	631	tract, the following five (5) courses and distances:
632	632	1. N 29 22' 42" E a distance of 208.41 feet to a point,
633	633	2. N 51 02' 36" E a distance of 151.27 feet to a point,
634	634	3. N 64 33' 37" E a distance of 148.51 feet to a point,
635	635	4. N 28 41' 14" E a distance of 592.04 feet to a point, and
636	636	5. N 27 35' 39" E a distance of 118.08 feet to a point;
637	637	THENCE crossing the said 21,304.716 acre tract, the following
638	638	fifteen (15) courses and distances:
639	639	1. S 66 36' 52" E a distance of 457.43 feet to a point,
640	640	2. S 33 30' 06" E a distance of 451.35 feet to a point,
641	641	3. S 59 30' 16" E a distance of 376.53 feet to a point,
642	642	4. N 64 15' 36" E a distance of 471.65 feet to a point,
643	643	5. S 63 39' 20" E a distance of 611.38 feet to a point,
644	644	6. N 73 46' 08" E a distance of 240.54 feet to a point,
645	645	7. S 56 55' 21" E a distance of 408.57 feet to a point,
646	646	8. N 80 47' 34" E a distance of 478.13 feet to a point,
647	647	9. S 81 22' 28" E a distance of 416.69 feet to a point,
648	648	10. S 30 06' 52" E a distance of 966.78 feet to a point,
649	649	11. S 78 06' 19" E a distance of 1843.43 feet to a point,
650	650	12. S 38 32' 40" E a distance of 311.43 feet to a point,
651	651	13. S 62 59' 05" W a distance of 673.48 feet to a point of
652	652	curvature,
653	653	14. with the arc of a curve to the right having a radius of 4000.00
654	654	feet, an arc distance of 2117.86 feet, and a chord of which bears S
655	655	78 09' 10" W a distance of 2093.21 feet to a point, and
656	656	15. S 00 39' 29" E a distance of 1891.59 feet to the POINT OF
657	657	BEGINNING, and containing 773.80 acres of land.
658	658	SECTION 3. (a) The legal notice of the intention to
659	659	introduce this Act, setting forth the general substance of this
660	660	Act, has been published as provided by law, and the notice and a
661	661	copy of this Act have been furnished to all persons, agencies,
662	662	officials, or entities to which they are required to be furnished
663	663	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
664	664	Government Code.
665	665	(b) The governor, one of the required recipients, has
666	666	submitted the notice and Act to the Texas Commission on
667	667	Environmental Quality.
668	668	(c) The Texas Commission on Environmental Quality has filed
669	669	its recommendations relating to this Act with the governor, the
670	670	lieutenant governor, and the speaker of the house of
671	671	representatives within the required time.
672	672	(d) All requirements of the constitution and laws of this
673	673	state and the rules and procedures of the legislature with respect
674	674	to the notice, introduction, and passage of this Act are fulfilled
675	675	and accomplished.
676	676	SECTION 4. This Act takes effect immediately if it receives
677	677	a vote of two-thirds of all the members elected to each house, as
678	678	provided by Section 39, Article III, Texas Constitution. If this
679	679	Act does not receive the vote necessary for immediate effect, this
680	680	Act takes effect September 1, 2009.
681	681	______________________________ ______________________________
682	682	President of the Senate Speaker of the House
683	683	I certify that H.B. No. 4710 was passed by the House on May
684	684	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
685	685	voting.
686	686	______________________________
687	687	Chief Clerk of the House
688	688	I certify that H.B. No. 4710 was passed by the Senate on May
689	689	27, 2009, by the following vote: Yeas 31, Nays 0.
690	690	______________________________
691	691	Secretary of the Senate
692	692	APPROVED: _____________________
693	693	Date
694	694	_____________________
695	695	Governor