Texas 2009 - 81st Regular

Texas House Bill HB4719 Compare Versions

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1	1	H.B. No. 4719
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Burnet County Municipal Utility
6	6	District No. 3; 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 8315 to read as follows:
11	11	CHAPTER 8315. BURNET COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8315.001. 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 Burnet County Municipal
17	17	Utility District No. 3.
18	18	Sec. 8315.002. 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. 8315.003. CONFIRMATION AND DIRECTORS' ELECTION
22	22	REQUIRED. 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	Sec. 8315.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
26	26	temporary directors may not hold an election under Section 8315.003
27	27	until each municipality in whose corporate limits or
28	28	extraterritorial jurisdiction the district is located has
29	29	consented by ordinance or resolution to the creation of the
30	30	district and to the inclusion of land in the district.
31	31	(b) A municipality may not provide consent under Subsection
32	32	(a) until the municipality and the owner or owners of the territory
33	33	described by Section 2 of the Act creating this chapter have
34	34	executed an annexation agreement governing the municipality's
35	35	eventual annexation of the territory. The municipality may
36	36	incorporate any of the terms of the annexation agreement into the
37	37	ordinance or resolution described by Subsection (a).
38	38	Sec. 8315.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
39	39	The district is created to serve a public purpose and benefit.
40	40	(b) The district is created to accomplish the purposes of:
41	41	(1) a municipal utility district as provided by
42	42	general law and Section 59, Article XVI, Texas Constitution; and
43	43	(2) Section 52, Article III, Texas Constitution, that
44	44	relate to the construction, acquisition, improvement, operation,
45	45	or maintenance of macadamized, graveled, or paved roads, or
46	46	improvements, including storm drainage, in aid of those roads.
47	47	Sec. 8315.006. INITIAL DISTRICT TERRITORY. (a) The
48	48	district is initially composed of the territory described by
49	49	Section 2 of the Act creating this chapter.
50	50	(b) The boundaries and field notes contained in Section 2 of
51	51	the Act creating this chapter form a closure. A mistake made in the
52	52	field notes or in copying the field notes in the legislative process
53	53	does not affect the district's:
54	54	(1) organization, existence, or validity;
55	55	(2) right to issue any type of bond for the purposes
56	56	for which the district is created or to pay the principal of and
57	57	interest on a bond;
58	58	(3) right to impose a tax; or
59	59	(4) legality or operation.
60	60	[Sections 8315.007-8315.050 reserved for expansion]
61	61	SUBCHAPTER B. BOARD OF DIRECTORS
62	62	Sec. 8315.051. GOVERNING BODY; TERMS. (a) The district is
63	63	governed by a board of five elected directors.
64	64	(b) Except as provided by Section 8315.052, directors serve
65	65	staggered four-year terms.
66	66	Sec. 8315.052. TEMPORARY DIRECTORS. (a) On or after the
67	67	effective date of the Act creating this chapter, the owner or owners
68	68	of a majority of the assessed value of the real property in the
69	69	district may submit a petition to the Texas Commission on
70	70	Environmental Quality requesting that the commission appoint as
71	71	temporary directors the five persons named in the petition. The
72	72	commission shall appoint as temporary directors the five persons
73	73	named in the petition.
74	74	(b) Temporary directors serve until the earlier of:
75	75	(1) the date permanent directors are elected under
76	76	Section 8315.003; or
77	77	(2) the fourth anniversary of the effective date of
78	78	the Act creating this chapter.
79	79	(c) If permanent directors have not been elected under
80	80	Section 8315.003 and the terms of the temporary directors have
81	81	expired, successor temporary directors shall be appointed or
82	82	reappointed as provided by Subsection (d) to serve terms that
83	83	expire on the earlier of:
84	84	(1) the date permanent directors are elected under
85	85	Section 8315.003; or
86	86	(2) the fourth anniversary of the date of the
87	87	appointment or reappointment.
88	88	(d) If Subsection (c) applies, the owner or owners of a
89	89	majority of the assessed value of the real property in the district
90	90	may submit a petition to the Texas Commission on Environmental
91	91	Quality requesting that the commission appoint as successor
92	92	temporary directors the five persons named in the petition. The
93	93	commission shall appoint as successor temporary directors the five
94	94	persons named in the petition.
95	95	[Sections 8315.053-8315.100 reserved for expansion]
96	96	SUBCHAPTER C. POWERS AND DUTIES
97	97	Sec. 8315.101. GENERAL POWERS AND DUTIES. The district has
98	98	the powers and duties necessary to accomplish the purposes for
99	99	which the district is created.
100	100	Sec. 8315.102. MUNICIPAL UTILITY DISTRICT POWERS AND
101	101	DUTIES. The district has the powers and duties provided by the
102	102	general law of this state, including Chapters 49 and 54, Water Code,
103	103	applicable to municipal utility districts created under Section 59,
104	104	Article XVI, Texas Constitution.
105	105	Sec. 8315.103. AUTHORITY FOR ROAD PROJECTS. Under Section
106	106	52, Article III, Texas Constitution, the district may design,
107	107	acquire, construct, finance, issue bonds for, improve, operate,
108	108	maintain, and convey to this state, a county, or a municipality for
109	109	operation and maintenance macadamized, graveled, or paved roads, or
110	110	improvements, including storm drainage, in aid of those roads.
111	111	Sec. 8315.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
112	112	project must meet all applicable construction standards, zoning and
113	113	subdivision requirements, and regulations of each municipality in
114	114	whose corporate limits or extraterritorial jurisdiction the road
115	115	project is located.
116	116	(b) If a road project is not located in the corporate limits
117	117	or extraterritorial jurisdiction of a municipality, the road
118	118	project must meet all applicable construction standards,
119	119	subdivision requirements, and regulations of each county in which
120	120	the road project is located.
121	121	(c) If the state will maintain and operate the road, the
122	122	Texas Transportation Commission must approve the plans and
123	123	specifications of the road project.
124	124	Sec. 8315.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
125	125	OR RESOLUTION. (a) The district shall comply with all applicable
126	126	requirements of any ordinance or resolution that is adopted under
127	127	Section 54.016 or 54.0165, Water Code, and that consents to the
128	128	creation of the district or to the inclusion of land in the
129	129	district.
130	130	(b) In addition to all the rights and remedies provided by
131	131	other law, if the district violates the terms of an ordinance or
132	132	resolution described by Subsection (a), the municipality is
133	133	entitled to injunctive relief or a writ of mandamus issued by a
134	134	court requiring the district and the district's officials to
135	135	observe and comply with the terms of the ordinance or resolution.
136	136	Sec. 8315.106. ANNEXATION OF DISTRICT BY MUNICIPALITY. (a)
137	137	A municipality may annex all or part of the territory of the
138	138	district or any new district created by the division of the district
139	139	only as provided by an annexation agreement described by Section
140	140	8315.004(b).
141	141	(b) A municipality is not required to annex any part of the
142	142	district's territory that is outside the corporate boundaries of
143	143	the municipality.
144	144	(c) A municipality is not required to assume control and
145	145	operation of the district or a new district created by division of
146	146	the district on annexation of all or part of the territory of the
147	147	district or new district, but the municipality may assume control
148	148	and operation of the district or a new district and dissolve the
149	149	district or new district if:
150	150	(1) the municipality has annexed all of the territory
151	151	of the district or new district;
152	152	(2) the water and wastewater facilities required to
153	153	serve at least 95 percent of the lots in the district or new
154	154	district, as set out by a final plat, have been completed; and
155	155	(3) the municipality has complied with the
156	156	requirements of Section 43.075, Local Government Code.
157	157	(d) Notwithstanding Section 54.016(f)(2), Water Code, a
158	158	contract between a municipality and the district or new district
159	159	that provides for the allocation of the taxes or revenues of the
160	160	district and the municipality following the date of inclusion of
161	161	all or part of the district's territory in the corporate limits of
162	162	the municipality, may provide that the total annual ad valorem
163	163	taxes collected by the municipality and the district from taxable
164	164	property in the district may exceed the city's ad valorem tax on the
165	165	property.
166	166	Sec. 8315.107. LIMITATION ON CREATION OF OTHER MUNICIPAL
167	167	UTILITY DISTRICTS. Before December 31, 2011, the Texas Commission
168	168	on Environmental Quality may not grant a petition under Chapter 54,
169	169	Water Code, to create a municipal utility district if the district
170	170	contains any territory described by Section 2 of the Act creating
171	171	this chapter.
172	172	Sec. 8315.108. LIMITATION ON ANNEXATION OF LAND BY
173	173	DISTRICT. (a) The district or any new district created by the
174	174	division of the district may not annex land unless:
175	175	(1) the owner or owners of the land have provided
176	176	written consent to the annexation; and
177	177	(2) the land is adjacent to the district or new
178	178	district.
179	179	(b) The district must complete an annexation authorized by
180	180	this section not later than the first anniversary of the date the
181	181	district or new district receives written consent from the owner or
182	182	owners of the land.
183	183	(c) An owner of land may revoke the owner's consent to
184	184	annexation before the annexation is completed by notifying the
185	185	district or new district in writing that the consent is revoked.
186	186	(d) For purposes of this section, a petition by an owner of
187	187	land for annexation to the district that meets the requirements of
188	188	Chapter 49, Water Code, satisfies the requirement of written
189	189	consent under Subsection (a).
190	190	Sec. 8315.109. LIMITATION ON USE OF EMINENT DOMAIN. The
191	191	district may not exercise the power of eminent domain outside the
192	192	district to acquire a site or easement for:
193	193	(1) a road project authorized by Section 8315.103; or
194	194	(2) a recreational facility as defined by Section
195	195	49.462, Water Code.
196	196	Sec. 8315.110. DIVISION OF DISTRICT. (a) The district may
197	197	be divided into two or more new districts only if the district:
198	198	(1) has no outstanding bonded debt; and
199	199	(2) is not imposing ad valorem taxes.
200	200	(b) This chapter applies to any new district created by the
201	201	division of the district, and a new district has all the powers and
202	202	duties of the district.
203	203	(c) Any new district created by the division of the district
204	204	may not, at the time the new district is created, contain any land
205	205	outside the area described by Section 2 of the Act creating this
206	206	chapter.
207	207	(d) The board, on its own motion or on receipt of a petition
208	208	signed by the owner or owners of a majority of the assessed value of
209	209	the real property in the district, may adopt an order dividing the
210	210	district.
211	211	(e) The board may adopt an order dividing the district
212	212	before or after the date the board holds an election under Section
213	213	8315.003 to confirm the district's creation.
214	214	(f) An order dividing the district shall:
215	215	(1) name each new district;
216	216	(2) include the metes and bounds description of the
217	217	territory of each new district;
218	218	(3) appoint temporary directors for each new district
219	219	or provide that the owner or owners of a majority of the assessed
220	220	value of the real property in each new district may submit a
221	221	petition to the Texas Commission on Environmental Quality
222	222	requesting that the commission appoint as temporary directors the
223	223	five persons named in the petition; and
224	224	(4) provide for the division of assets and liabilities
225	225	between or among the new districts.
226	226	(g) On or before the 30th day after the date of adoption of
227	227	an order dividing the district, the district shall file the order
228	228	with the Texas Commission on Environmental Quality and record the
229	229	order in the real property records of each county in which the
230	230	district is located.
231	231	(h) Any new district created by the division of the district
232	232	shall hold a confirmation and directors' election as required by
233	233	Section 8315.003. A new district that is not confirmed is subject
234	234	to dissolution under general law.
235	235	(i) Municipal consent to the creation of the district and to
236	236	the inclusion of land in the district granted under Section
237	237	8315.004 acts as municipal consent to the creation of any new
238	238	district created by the division of the district and to the
239	239	inclusion of land in the new district.
240	240	(j) Any new district created by the division of the district
241	241	must hold an election as required by this chapter to obtain voter
242	242	approval before the district may impose a maintenance tax or issue
243	243	bonds payable wholly or partly from ad valorem taxes.
244	244	[Sections 8315.111-8315.150 reserved for expansion]
245	245	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
246	246	Sec. 8315.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
247	247	district may issue, without an election, bonds and other
248	248	obligations secured by:
249	249	(1) revenue other than ad valorem taxes; or
250	250	(2) contract payments described by Section 8315.153.
251	251	(b) The district must hold an election in the manner
252	252	provided by Chapters 49 and 54, Water Code, to obtain voter approval
253	253	before the district may impose an ad valorem tax or issue bonds
254	254	payable from ad valorem taxes.
255	255	(c) The district may not issue bonds payable from ad valorem
256	256	taxes to finance a road project unless the issuance is approved by a
257	257	vote of a two-thirds majority of the district voters voting at an
258	258	election held for that purpose.
259	259	Sec. 8315.152. OPERATION AND MAINTENANCE TAX. (a) If
260	260	authorized at an election held under Section 8315.151, the district
261	261	may impose an operation and maintenance tax on taxable property in
262	262	the district in accordance with Section 49.107, Water Code.
263	263	(b) The board shall determine the tax rate. The rate may not
264	264	exceed the rate approved at the election.
265	265	Sec. 8315.153. CONTRACT TAXES. (a) In accordance with
266	266	Section 49.108, Water Code, the district may impose a tax other than
267	267	an operation and maintenance tax and use the revenue derived from
268	268	the tax to make payments under a contract after the provisions of
269	269	the contract have been approved by a majority of the district voters
270	270	voting at an election held for that purpose.
271	271	(b) A contract approved by the district voters may contain a
272	272	provision stating that the contract may be modified or amended by
273	273	the board without further voter approval.
274	274	[Sections 8315.154-8315.200 reserved for expansion]
275	275	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
276	276	Sec. 8315.201. AUTHORITY TO ISSUE BONDS AND OTHER
277	277	OBLIGATIONS. The district may issue bonds or other obligations
278	278	payable wholly or partly from ad valorem taxes, impact fees,
279	279	revenue, contract payments, grants, or other district money, or any
280	280	combination of those sources, to pay for any authorized district
281	281	purpose.
282	282	Sec. 8315.202. TAXES FOR BONDS. At the time the district
283	283	issues bonds payable wholly or partly from ad valorem taxes, the
284	284	board shall provide for the annual imposition of a continuing
285	285	direct ad valorem tax, without limit as to rate or amount, while all
286	286	or part of the bonds are outstanding as required and in the manner
287	287	provided by Sections 54.601 and 54.602, Water Code.
288	288	Sec. 8315.203. BONDS FOR ROAD PROJECTS. At the time of
289	289	issuance, the total principal amount of bonds or other obligations
290	290	issued or incurred to finance road projects and payable from ad
291	291	valorem taxes may not exceed one-fourth of the assessed value of the
292	292	real property in the district.
293	293	SECTION 2. The Burnet County Municipal Utility District No.
294	294	3 initially includes all the territory contained in the following
295	295	area:
296	296	TRACT NO. 1
297	297	BEING 144.14 acres of land out of the Arthur Luckey Survey No. 23
298	298	Abstract No. 530 in Burnet County, Texas and being comprised of part
299	299	of that 147 acre tract conveyed to Troy Ben Fox in Vol. 1294 at Page
300	300	957 of the OFFICIAL PUBLIC RECORDS of Burnet County, Texas and part
301	301	of that 36.65 acre tract conveyed to Troy Ben Fox in Vol. 1294 at
302	302	Page 957 of the OFFICIAL PUBLIC RECORDS of Burnet County, Texas and
303	303	including Lot Nos. 18 through 30 in CIRCLE B ESTATES, Section 1, a
304	304	subdivision of record in Vol. 2 at Page 90 of the PLAT RECORDS of
305	305	Burnet County, Texas, said 144.14 acres being more particularly
306	306	described as follows:
307	307	BEGINNING at a reentrant corner of said 36.65 acre tract and the
308	308	Southwest corner of that 184.31 acre tract described in Release of
309	309	Lien to Troy Ben Fox as recorded in Vol. 1273 at Page 888 of the
310	310	OFFICIAL PUBLIC RECORDS of Burnet County, Texas for a Northwesterly
311	311	corner hereof;
312	312	THENCE N 64 01' 47" E along the common boundary of said 184.31 acre
313	313	tract 2625.76 ft., to the Southeast corner of said 184.31 acre tract
314	314	and a westerly corner of that 131.606 acre tract described in Deed
315	315	to the City of Granite Shoals as recorded in Document No. 0803603 of
316	316	the OFFICIAL PUBLIC RECORDS of Burnet County, Texas in the easterly
317	317	boundary of said 147 acre tract, for the North corner hereof;
318	318	THENCE along the common boundary of said 147 acre tract and the City
319	319	of Granite Shoals tract; S 08 37' 15" E 879.62 ft.; and S 29" 58' 45"
320	320	E 1827.53 ft. to the East corner of said 147 acre tract in the
321	321	northwesterly right-of-way line of Phillips Ranch Road, for the
322	322	East corner hereof;
323	323	THENCE along the common boundary of said 147 acre tract and said
324	324	Phillips Ranch Road in three (3) courses and distances as follows:
325	325	1) S 74 08' 10" W 904.01 ft;
326	326	2) S 54 20' 00" W 252.94 ft; and
327	327	3) S 26 15' 29' W 595.49 ft., to the South corner of said 147
328	328	acre tract and the northeasterly corner of SHERWOOD SHORES, Green
329	329	Castle Section a subdivision of record in Vol. 1 at Page 100 of the
330	330	PLAT RECORDS of Burnet County, Texas, for the South corner hereof;
331	331	THENCE N 59 56' 30" W along the common boundary of said 147 acre
332	332	tract and said Green Castle Section 700.31 ft., to the Southeast
333	333	corner of that 0.180 acre tract described in Deed to Alan Kirby as
334	334	recorded in Vol. 902 at Page 35 of the OFFICIAL PUBIC RECORDS of
335	335	Burnet County, Texas;
336	336	THENCE along the common boundary of said 147 acre tract and said
337	337	0.180 acre tract in four (4) courses and distances as follows:
338	338	1) N 28 05' 31" E 24.1 ft.;
339	339	2) N 57 43' 29" W 79.85 ft.;
340	340	3) N 59 59' 29" W 207.39 ft.; and
341	341	4) S 53 57' 31" W 29.60 ft., to a point in the northerly
342	342	boundary of said Green Castle Section;
343	343	THENCE N 59 56' 30" W along the common southerly boundary of said
344	344	147 acre tract and then said 36.65 acre tract and the northerly
345	345	boundary of said Green Castle Section at 651.16 ft., pass the common
346	346	southerly corner of said 147 acre tract and said 36.65 acre tract
347	347	and at 800.20 ft., in all to a southwesterly corner of said 36.65
348	348	acre tract in the easterly line of Tempe Drive in said CIRCLE B
349	349	ESTATES, Section 1, for a southwesterly corner hereof;
350	350	THENCE with the westerly boundary of said 36.65 acre tract and the
351	351	easterly line of said Tempe Drive in twelve (12) courses and
352	352	distances as follows:
353	353	1) N 30 03' 30" E 25.00 ft.;
354	354	2) along a curve to the left of radius 25.00 ft., central
355	355	angle 90 00', arc distance 39.28 ft., and a long chord bearing N 14
356	356	56' 30" W 35.36 ft.;
357	357	3) N 59 56' 30" W 204.21 ft.;
358	358	4) along a curve to the right of radius 72.26 ft., central
359	359	angle 54 27' 45", arc distance 68.69 ft., and a long chord bearing N
360	360	32 42' 45" W 66.13 ft.;
361	361	5) N 05 29' 00" W 144.06 ft.;
362	362	6) along a curve to the left of radius 1342.06, central
363	363	angle 05 13' 00", arc distance 122.19 ft., and a long chord bearing
364	364	N 08 05' 30" W 122.15 ft.;
365	365	7) N 10 42' 00" W 184.66 ft.;
366	366	8) along a curve to the left of radius 259.41 ft., central
367	367	angle 28 43' 00", arc distance 112.65 ft., and a long chord bearing
368	368	N 25 03' 30" W 128.66 ft.;
369	369	9) N 39 25; 00" W 229.20 ft.;
370	370	10) along a curve to the right of radius 424.18 ft., central
371	371	angle 15 12' 58", arc distance 112.65 ft., and a long chord bearing
372	372	N 31 48' 30" W 112.32 ft.;
373	373	11) N 24 12' 00" W 116.34 ft., and
374	374	12) along a curve to the right of radius 89.81 ft., central
375	375	angle 47 04', arc distance 73.78, and a long chord bearing N 00 40'
376	376	00" W 71.72 ft., to the termination of Tempe Drive;
377	377	THENCE continuing with the common boundary of said 36.65 acre
378	378	tract: N 31 08' 12" E 29.13 ft.; and N 36 21' 47" E 97.54 ft., to the
379	379	Place of BEGINNING hereof and containing 144.14 acres of land.
380	380	TRACT NO. 2
381	381	BEING 184.31 acres of land in Burnet County, Texas comprised of
382	382	approximately 22.76 acres out of the John Harvey Survey No. 24,
383	383	Abstract No. 400 and 161.55 acres out of the Arthur Luckey Survey
384	384	No. 23, Abstract No. 530 and being comprised of portions of the
385	385	following deeded tracts:
386	386	1) TRACT NO. ONE of 338.19 acres conveyed from H.A. Barnett,
387	387	et ux to C.A. Barnett as recorded in Vol. 135 at Page 644 et seq. of
388	388	the DEED RECORDS of Burnet County, Texas;
389	389	2) TRACT NO. THREE of 15.75 acres conveyed from H.A.
390	390	Barnett, et ux to C.A. Barnett as recorded in Vol. 135 at Page 644 et
391	391	seq. of the DEED RECORDS of Burnet County, Texas;
392	392	3) 550 acres conveyed from J.T. Stevens to Chester Barnett as
393	393	recorded in Vol. 119 at Page 393 of the DEED RECORDS of Burnet
394	394	County, Texas;
395	395	and also including all of CIRCLE B ESTATES, Section Two, a
396	396	subdivision of record in Vol. 2 at Page 92 of the PLAT RECORDS of
397	397	Burnet County, Texas, save and except Lot Nos. 1 through 4 and Lot
398	398	Nos. 13 through 16, and further being comprised of179.85 acres of
399	399	land above the 825 foot elevation contour and inundated by the water
400	400	of Lake Lyndon B. Johnson, said 184.31 acres being more
401	401	particularly described as follows:
402	402	BEGINNING at a 24 inch Post Oak at a reentrant corner of said TRACT
403	403	NO. ONE, the Southeast corner of said 550 acre tract, and a westerly
404	404	corner of that certain 136.50 acre described in Deed to Capital
405	405	Marble and Granite Co., Inc. as recorded in Vol. 284 at Page 503 of
406	406	the DEED RECORDS of Burnet County, Texas, for the Southeast corner
407	407	hereof;
408	408	THENCE along the southerly line hereof in six (6) courses and
409	409	distances as follows:
410	410	1) S 64 01' 47" W 2625.76 ft., an iron pin set;
411	411	2) N 50 25' 24" W 267.33 ft., an iron pin set at a chainlink
412	412	fence;
413	413	3) N 5 43' 05" W 37.41 ft., a pipe fence corner post;
414	414	4) S 84 17' 06" W 73.79 ft., a pipe fence corner post;
415	415	5) S 4 37' 12" E 46.38 ft., a pipe fence corner post; and
416	416	6) S 84 31' 27" W at 153.54 ft., an iron pin set at the
417	417	approximate 825 foot elevation contour and at 283.54 ft., in all to
418	418	the Southwest corner hereof, inundated by the waters of Lake Lyndon
419	419	B. Johnson;
420	420	THENCE with a westerly line hereof inundated by the waters of said
421	421	lake in five (5) courses and distances as follows:
422	422	1) N 0 37' 31" E 306.77 ft.;
423	423	2) N 78 48' 13" E 410.00 ft.;
424	424	3) N 6 03' 13" E 485.97 ft.;
425	425	4) N 69 08' 09" E 310.54 ft.; and
426	426	5) S 79 54' 20" E 147.01 ft., and inundated reentrant corner
427	427	hereof;
428	428	THENCE N 26 52' 30" E at 30.00 ft., pass the South corner of Lot No.
429	429	88, SHADY ACRES, a subdivision of record in Vol. 1 at Page 28 of the
430	430	PLAT RECORDS of Burnet County, Texas, at 43.26 ft., pass a concrete
431	431	monument found, and at 261.01 ft., in all to a concrete monument
432	432	found at a reentrant corner of said Lot No. 88;
433	433	THENCE continuing along the southerly line of said Lot 88 in two (2)
434	434	courses and distances as follows:
435	435	1) N 69 45' 75" E 146.54 ft., an iron pin found at a 9 inch
436	436	Elm; and
437	437	2) N 81 03' 24" E 38.86 ft., to a concrete monument found at
438	438	the Southeast corner of said Lot No. 88;
439	439	THENCE along the easterly line of said SHADY ACRES and then SHADY
440	440	ACRES, Section Two, a subdivision of record in Vol. 1 at Page 56 of
441	441	the PLAT RECORDS of Burnet County, Texas in twelve (12) courses and
442	442	distances as follows:
443	443	1) N 12 41' 33" W 334.00 ft., a concrete monument found;
444	444	2) N 24 48' 33" W 375.38 ft., a concrete monument found at
445	445	the Northeast corner of a 40 foot roadway and a northeasterly corner
446	446	of said SHADY ACRES;
447	447	3) S 75 10' 08" W 96.26 ft., to an 60d nail found at the
448	448	Southeast corner of Lot no. 89, SHADY ACRES, Section Two;
449	449	4) N 27 23' 01" W at 110.50 ft., pass a point in the
450	450	perimeter of a 30 foot radius culdesac at the termination of Todd
451	451	Drive, a public street in said CIRCLE B ESTATES, Section Two, and at
452	452	270.42 ft., in all an iron pin found;
453	453	5) N 34 25' 51" W 128.63 ft., an iron pin found;
454	454	6) N 41 10' 52" W 377.21 ft., a pipe fence corner post;
455	455	7) N 20 02' 43" W 91.96 ft., an iron pin found;
456	456	8) N 14 13' 29" W 85.58 ft., an iron pin found;
457	457	9) N 1 03' 27" W 379.67 ft., an iron pin found;
458	458	10) N 11 30' 04" E 369.04 ft., an iron pin found;
459	459	11) N 33 49' 55" E 82.45 ft., an iron pin found; and
460	460	12) N 19 43' 12" E 347.82 ft., to an iron pin found at the
461	461	Northeast corner of Lot no. 109 in said SHADY ACRES, Section Two,
462	462	and in the perimeter of a 30 foot radius culdesac at the termination
463	463	of James Drive, a public street, in said CIRCLE B ESTATES, Section
464	464	Two, for a reentrant corner hereof;
465	465	THENCE N 86 18' 42" W 155.34 ft., to an iron pin found at the
466	466	Northwest corner of said Lot NO. 109 in the easterly line of Burnet
467	467	County Road No. 131;
468	468	THENCE along the easterly line of said County Road in three (3)
469	469	courses and distances as follows:
470	470	1) N 25 14' 30" E 103.58 ft., an iron pin found;
471	471	2) N 27 34' 55" E 273.34 ft., a concrete monument found; and
472	472	3) N 35 44' 20" E 402.55 ft., to an iron pin set at the North
473	473	corner of Lot No. 6 in said CIRCLE B ESTATES, Section Two, in the
474	474	southerly right-of-way line of F. M. Highway No. 1431, for the North
475	475	corner hereof;
476	476	THENCE along said highway, right-of-way in three (3) courses and
477	477	distances as follows:
478	478	1) S 51 29' 45" E 339.66 ft., a highway monument;
479	479	2) S 57 12' 18" E 100.49 ft., a highway monument; and
480	480	3) S 51 30' 39" E 324.83 ft., an iron pin found at the North
481	481	corner of Lot No. 4 in said CIRCLE B ESTATES, for a westerly
482	482	Northeast corner hereof;
483	483	THENCE S 32 02' W 523.55 ft., in all to an iron pin set at a fence
484	484	corner post at the west corner of Lot No. 13 in said CIRCLE B
485	485	ESTATES, Section Two, in the northerly line of said James Drive, for
486	486	a reentrant corner hereof;
487	487	THENCE S 63 18' 00" E along the northerly line of said James Drive
488	488	506.47 ft., to an iron pin set at the South corner of Lot No. 16 in
489	489	said CIRCLE B ESTATES, Section Two, in the westerly line of said
490	490	Todd Drive for a reentrant corner hereof;
491	491	THENCE along the westerly line of said Todd Drive in seven (7)
492	492	courses and distances as follows:
493	493	1) along a curve to the left of radius 19.16 ft., central
494	494	angle 93 21' 50", and a long chord bearing N 70 01' 00" E 27.88 ft.;
495	495	2) along a curve to the right of radius 69.99 ft., central
496	496	angle S 4 17' 55", and a long chord bearing N 50 24' E 63.87 ft.;
497	497	3) N 77 35' E 102.58 ft.;
498	498	4) along a curve to the left of radius 262.34 ft., central
499	499	angle 15 50' 34', and a long chord bearing N 69 40' 10" E 72.31 ft.;
500	500	5) N 61 44' E 21.39 ft.;
501	501	6) along a curve to the left of radius 169.57 ft., central
502	502	angle 23 14', and a long chord bearing N 50 07' E 68.29 ft.; and
503	503	7) N 38 30' E 102.43 ft., to an iron pin found at the
504	504	Northwest corner of said Todd Drive in the southerly right-of-way
505	505	line of said F. M. Hwy. No. 1431, for an easterly Northwest corner
506	506	hereof;
507	507	THENCE along said highway right-of-way line in five (5) courses and
508	508	distances as follows;
509	509	1) S 51 29' 21" E 366.76 ft., a highway monument;
510	510	2) S 45 38' 38" E 100.56 ft., a highway monument;
511	511	3) S 51 46' 37" E 100.52 ft., a highway monument;
512	512	4) S 57 22' 16" E 100.17 ft., a highway monument; and
513	513	5) S 51 30' E 1012.14 ft., to a survey monument found at the
514	514	North corner of that certain 2.00 acre tract described in Deed to
515	515	Pedernales Electric Coop., Inc. as recorded in vol. 186 at page 404
516	516	of the DEED RECORDS of Burnet County, Texas;
517	517	THENCE around the perimeter of said 2.00 acre tract in three (3)
518	518	courses and distances as follows:
519	519	1) S 38 30' 07" W 295.01 ft., a survey monument found;
520	520	2) S 51 29' 36" E 295.03 ft., a survey monument found; and
521	521	3) N 38 32' 21" E 295.14 ft., to a survey monument found at
522	522	the East Corner of said 2.00 acre tract in the southerly
523	523	right-of-way line of said highway;
524	524	THENCE S 51 28' 42" E along said highway right-of-way line 77.92
525	525	ft., to an iron pin found at the North corner of said 136.50 acre
526	526	tract for the East corner hereof;
527	527	THENCE along the westerly line of said 136.50 acre tract S 18 02'
528	528	30" W 318.72 ft., to an iron pin found; and at S 30 49' 45" W 1146.09
529	529	ft., to the Place of BEGINNING hereof and containing 184.31 acres of
530	530	land.
531	531	TRACT NO. 3
532	532	BEING 64.86 acres, more or less, of land in Burnet County, Texas,
533	533	and being comprised of 40.78 acres out of the F.L. Smith Survey No.
534	534	23 and 0.64 acres out of the J.R. Phillips Survey No. 1264, and
535	535	being out of and part of that certain "TRACT NO. TWO (2)", 372.49
536	536	acres, conveyed from H.A. Barnett to C.A. Barnett by Deed recorded
537	537	in Vol. 135 at Page 644 et seq., of the Deed Records of Burnet
538	538	County, Texas, and being situated adjacent to and South of F.M.
539	539	Highway No. 1431 and adjacent to and East of Sherwood Drive and
540	540	being more particularly described by metes and bounds as follows:
541	541	BEGINNING at an iron pin in the fenced easterly line of said "TRACT
542	542	NO. TWO (2)", and the westerly line of SHERWOOD SHORES, Prairie
543	543	Creek Section, as plat of said subdivision is recorded in Vol. 1,
544	544	Page 164 of the Plat Records of Burnet County, Texas, for the
545	545	Southeast corner hereof, whence the Southeast corner of said F. L.
546	546	Smith Survey No. 51 bears S 30 43' W 517.49 ft.;
547	547	THENCE N 77 16' W 2656.08 ft., to an iron pin set for the Southwest
548	548	corner hereof;
549	549	THENCE N 7 05' 15" E 537.05 ft,, to an iron pin set for a reentrant
550	550	corner hereof;
551	551	THENCE N 49 12' 15" W 433.83 ft., to an iron pin set in the westerly
552	552	line of said "TRACT NO. TWO (2)" and the easterly line of that
553	553	certain 6.53 acre tract conveyed from H. A. Barnett to Wendall Lee
554	554	Phillips by Deed as recorded in Vol. 131 at Page 515, et seq., of
555	555	Deed Records of Burnet County, Texas, and known as Sherwood Drive,
556	556	for a northerly Southwest corner hereof;
557	557	THENCE N 40 12' 45" E with said common boundary, 309.26 ft., to an
558	558	iron pin in the southerly line of F. M. Highway No. 1431 at the
559	559	common northerly corner of said "TRACT NO. TWO (2)" and said 6.53
560	560	acre tract, for the Northwest corner hereof;
561	561	THENCE with the southerly right-of-way line of said highway in
562	562	three (3) courses and distances as follows:
563	563	1) along a curve to the left of radius 2919.66 ft., central
564	564	angle 4 39' and long chord bearing S 74 49' E 236.7211., to an iron
565	565	pin;
566	566	2) S 77 10' E 1592.78 ft., a concrete right-of-way monument,
567	567	and
568	568	3) S 77 16' E 869.0 ft., to an iron pin at the Northwest
569	569	corner of that certain 0.688 acre tract conveyed from Chester A.
570	570	Barnett to J. W. Thompson Construction Co. by Deed as recorded in
571	571	Vol. 178 at Page 245 et seq., of the Deed Records of Burnet County,
572	572	Texas, for a westerly Northeast corner hereof;
573	573	THENCE S 12 44' W 300.0 ft., to an iron pin and Southeast corner of
574	574	said Thompson Tract, for reentrant corner hereof;
575	575	THENCE S 77 16' Eat 100.0 ft., the Southeast corner of said Thompson
576	576	Tract and at 483.22 ft., in all an iron pin in the easterly line of
577	577	said "TRACT NO. TWO (2)" at the Southeast corner of that certain
578	578	0.647 acre tract conveyed from Chester A. Barnett to C. S. Williams
579	579	by Deed as recorded in Vol. 191 at Page 484 of Deed Records of Burnet
580	580	County, Texas, for the Northeast corner thereof;
581	581	THENCE with the fenced easterly line of said "TRACT NO. TWO (2)" in
582	582	two (2) courses as follows:
583	583	1) S 31 28' W at 180.0ft., an iron pin at the Northwest
584	584	corner of said Prairie Creek Section of SHERWOOD SHORES, and at
585	585	380.47 ft., in all a fence corner post, and
586	586	2) S 30 43' W 357.13 ft., to the place of BEGINNING hereof
587	587	and containing 64.86 acres of land.
588	588	TRACT NO. 4
589	589	BEING 72.68 acres of land out of the Arthur Luckey Survey No. 23,
590	590	Abstract No. 530 in Burnet County, Texas and being out of that
591	591	certain 550 acre tract described in Deed from J. T. Stevens to
592	592	Chester A. Barnett as recorded in Vol. 119 at Page 392 of the DEED
593	593	RECORDS of Burnet County, Texas, said 72.68 acres being more
594	594	particularly described as follows:
595	595	BEGINNING at an iron spike set in the center of the old
596	596	Fredricksburg to Burnet Road at the Northwest corner of that
597	597	certain 11.52 acre tract described in Deed to Southern Pacific
598	598	Railroad Co., as recorded in Vol. 145 at Page 270 of the DEED
599	599	RECORDS of Burnet County, Texas, for the North corner hereof,
600	600	whence the Northwest corner of the J. C. Hoffman Survey No. 1009,
601	601	Abstract No. 417 in the easterly line of said Luckey Survey bears S
602	602	53 02' 52" E 4386.3 ft., and the North corner of said 550 acre tract
603	603	and of said 11.52 acre tract bears N 58 42' 03" E 153.22 ft.;
604	604	THENCE along the westerly line of said 11.52 acre tract, parallel
605	605	with and 75 feet West of the East line of said 550 acre tract and the
606	606	West line of that certain tract described in Trustee's Deed to
607	607	Johnnie Kay Barnett Peril as recorded in Vol. 564 at Page 256 of the
608	608	REAL PROPERTY RECORDS of Burnet County, Texas, in six (6) courses
609	609	and distances as follows:
610	610	1) S 29 23' 40" W 433.02 ft.;
611	611	2) S 29 31' 25" W 984.51 ft.;
612	612	3) S 30 09' 24" W 517.72 ft.;
613	613	4) S 29 13' 09" W 1454.44 ft.;
614	614	5) S 31 37' 15" W 252.77 ft.; and
615	615	6) S 29 31' 25" W 109.10 ft.; to an iron pin set at a
616	616	partition fence corner post, for the Southwest corner hereof,
617	617	whence an iron spike found at a 14 inch Post Oak in the East line of
618	618	said 550 acre tract and the West line of said Peril tract bears N.
619	619	64 22' 10" E 131.27 ft.;
620	620	THENCE along a partition fence and the southerly line hereof in six
621	621	(6) courses and distances as follows:
622	622	1) N 73 46' 40" W 682.20 ft., an iron pin set;
623	623	2) N 14 54' 49" W 420.96 ft., an iron pin set;
624	624	3) N 0 10' 32" E at 304.50 ft., a point on the South side of a
625	625	sheet metal shed, at 330.50 ft., a point on the North side of said
626	626	shed, and at 466.72 ft., in all to an iron pin set;
627	627	4) N 77 48' 45" E 32.70 ft., an iron pin set;
628	628	5) N 9 30' 48" W 74.98 ft., an iron pin set; and
629	629	6) N 25 24" 35" W at 203.02 ft., pass an iron spike set at a
630	630	fence corner post, and at 236.15 ft., to a spike set in the center of
631	631	said Old Fredricksburg to Burnet Road and the northwesterly line of
632	632	said 550 acre tract, for the West corner hereof;
633	633	THENCE along the center of said road in eight (8) courses and
634	634	distances as follows:
635	635	1) N 54 17' 30" E 216.45 ft., an iron spike set;
636	636	2) N 52 11' 54" E 397.28 ft., an iron spike set;
637	637	3) N 50 33' 24" E 341.87 ft., an iron spike set;
638	638	4) N 49 54' 08" E 495.56 ft., an iron spike set;
639	639	5) N 51 41' 16" E 213.91 ft., an iron spike set;
640	640	6) N 53 48' 23" E 106.80 ft., an iron spike set;
641	641	7) N 57 13' 37" E 131.50 ft., an iron spike set; and
642	642	8) N 58 42' 03" E 1404.84 ft., to the Place of BEGINNING
643	643	hereof and containing 72.68 acres of land.
644	644	TRACT NO. 5
645	645	BEING 226.134 acres of land out of the Arthur Luckey Survey No. 23,
646	646	in Burnet County, Texas, and being the southerly portion of that
647	647	certain TRACT NO. ONE, conveyed from H. A. Barnett and wife, Nona E.
648	648	Barnett, to Mark Barnett by Deed as recorded in Vol. 135 at Page 640
649	649	et seq. of DEED RECORDS of Burnet County, Texas, said 226.134 acres
650	650	being more particularly described by metes and bounds is follows:
651	651	BEGINNING at a 4 inch iron pipe fence corner post in the easterly
652	652	line of said Luckey Survey at the Northwest corner of the J. C.
653	653	Hoffman Survey No. 1009 and Southwest corner of the Ed McMillen
654	654	Survey No. 1010 and further being at a Northeast corner of that
655	655	certain 375.94 acre tract, Exhibit B, East Tract described in
656	656	Partition Deed between Johnnie Barnett Peril and Nona Barnett Fox,
657	657	as recorded in Vol. 342 at Page 476 of DEED RECORDS of Burnet
658	658	County, Texas, and the Northwest corner of that certain 536.7 acre
659	659	tract described in Correction Deed from Max Flinchbaugh to W. E.
660	660	Riggs, as recorded in Vol. 191 at Page 264 of DEED RECORDS of Burnet
661	661	County, Texas, and the South corner of said TRACT NO. 2, for the
662	662	South corner hereof;
663	663	THENCE N 45 25' 09" W with the fenced Northeasterly line of said
664	664	East Tract 4190.96 ft., to a 1 inch iron pipe found at a corner post
665	665	in the fenced Southeasterly line of the old Fredericksburg-Burnet
666	666	Road, at the Northwest corner of said East Tract, for the West
667	667	corner hereof, whence an iron pin at a westerly corner of said East
668	668	Tract, and the North corner of that certain West Tract described in
669	669	said Partition Deed bears S 61 27' 08" W 69.91 ft.;
670	670	THENCE said fenced road line in four (4) courses and distances as
671	671	follows:
672	672	1) N 51" 01' 23" E 1328.25 ft., an iron pin set at a fence
673	673	post;
674	674	2) N 55 0 53' 05" E 578.24 ft., an iron pin set at a fence
675	675	post;
676	676	3) N 55 26' 30" E 629.63 ft., an iron pin set at a fence
677	677	post, and
678	678	4) N 55 24' 39" 2 229.82 ft., an iron pin set for the North
679	679	corner hereof;
680	680	THENCE S 53 00' E 2758.86 ft., to an iron pin set in the fenced
681	681	easterly line of said Luckey Survey and of said TRACT NO. ONE, for
682	682	the East corner hereof;
683	683	THENCE with the said fence in four (4) courses and distances as
684	684	follows:
685	685	1) S 29 51' 15" W 504.42 ft., an iron spike at a fence post;
686	686	1) S 29 43' 51" W 952.20 ft., an iron spike at a fence post;
687	687	3) S 29 46' 57" W 597.56 ft., an iron spike at a fence post;
688	688	and
689	689	4) S 29 48' 52" W 1009.32 ft., to the PLACE OF BEGINNING
690	690	hereof and containing 226.134 acres of land.
691	691	TRACT NO. 6
692	692	BEING 375.94 acres of land in Burnet County, Texas, comprised of
693	693	274.40 acres out of the Arthur Luckey Survey No. 23 and 82.04 acres
694	694	out of the F. L. Smith Survey No. 519 and 19.50 acres out of the J.
695	695	C. Hoffman Survey No. 1009 and further being part of that certain
696	696	1939 acre tract conveyed from J. R. Phillips to H.A. Barnett by Deed
697	697	as recorded in Vol. 89 at Page 56 of DEED RECORDS of Burnet County,
698	698	Texas, said 375.94 acres being more particularly described by metes
699	699	and bounds as follows:
700	700	BEGINNING at a 4 inch iron pipe fence corner post in the easterly
701	701	line of said 1939 acre tract and of said Luckey Survey at the
702	702	Northwest corner of said Hoffman Survey and Southwest corner of the
703	703	Ed McMillen Survey No. 1010 and further being the Northwest corner
704	704	of that certain 536.7 acre tract described in Correction Deed from
705	705	Max Flinchbaugh to W. E. Riggs, as recorded in Vol. 191 at Page 264
706	706	of DEED RECORDS of Burnet County, Texas, and the Southeast corner of
707	707	that certain 355.0 acre tract conveyed from H. A. Barnett to Mark
708	708	Barnett, by Deed as recorded in Vol. 135 at Page 640-644 of DEED
709	709	RECORDS of Burnet County, Texas, for the Northeast corner hereof;
710	710	THENCE S 29 41' 44" W with the common boundary of said Luckey Survey
711	711	and said Hoffman Survey, at 152.5 ft., a 4 inch iron pipe fence
712	712	post, at 326.18 ft., a 4 inch iron pipe fence post, and at 759.04
713	713	ft., in all a 4 inch iron pipe fence post, for a corner hereof;
714	714	THENCE with the fenced common boundary of said 1939 acre tract and
715	715	said 536.7 acre tract in four (4) courses and distances as follows:
716	716	1) S 7 37' 08" W 1917.55 ft., 4 inch iron pipe post;
717	717	2) S 7 42' 25" W 1513.78 ft., an iron spike;
718	718	3) S 7 33' 51" W 953.01 ft., an iron pin; and
719	719	4) S 7 37' 54" W at 339.11 ft., an iron pin and at 340.00
720	720	ft., in all the Southeast corner hereof in the northerly
721	721	right-of-way line of F.M. Highway No. 1431;
722	722	THENCE with said highway right-of-way in two (2) courses and
723	723	distances as follows:
724	724	1) N 79 08' 48" W at 1387.71 ft., a concrete right-of-way
725	725	monument, and at 2480.87 ft., in all the beginning of a curve to the
726	726	right, and
727	727	2) along said curve to the right of radius 2835.71 ft.,
728	728	central angle 2 37' 02" and long chord bearing N 77 50' 17" W 129.52
729	729	ft., to an iron pin at the Southeast corner of an adjoining 375.94
730	730	acre tract, for the Southwest corner hereof;
731	731	THENCE N 17 37' 23" E 6910.76 ft. to an iron pin at the Northeast
732	732	corner of said adjoining 375.94 acre tract, for a reentrant corner
733	733	hereof;
734	734	THENCE N 45 25' 09" W 1520.68 ft., to an iron pin in the fenced
735	735	Southeast line of the old Fredericksburg-Barnet Road, at the North
736	736	corner of said adjoining 375.94 acre tract, for a westerly corner
737	737	hereof;
738	738	THENCE N 61 27' 08" E with said road 69.91 ft., to a 1 inch iron pipe
739	739	found at the West corner of said 355.00 acre tract, for the
740	740	Northwest corner hereof;
741	741	THENCE S 45 25' 09" E with the fenced Southwesterly line of said
742	742	355.00 acre tract, 4190.96 ft., to the Place of BEGINNING hereof and
743	743	containing 375.94 acres of land.
744	744	SAID TRACTS CONTAIN 1,068 ACRES OF LAND, MORE OR LESS.
745	745	SECTION 3. (a) The legal notice of the intention to
746	746	introduce this Act, setting forth the general substance of this
747	747	Act, has been published as provided by law, and the notice and a
748	748	copy of this Act have been furnished to all persons, agencies,
749	749	officials, or entities to which they are required to be furnished
750	750	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
751	751	Government Code.
752	752	(b) The governor, one of the required recipients, has
753	753	submitted the notice and Act to the Texas Commission on
754	754	Environmental Quality.
755	755	(c) The Texas Commission on Environmental Quality has filed
756	756	its recommendations relating to this Act with the governor, the
757	757	lieutenant governor, and the speaker of the house of
758	758	representatives within the required time.
759	759	(d) All requirements of the constitution and laws of this
760	760	state and the rules and procedures of the legislature with respect
761	761	to the notice, introduction, and passage of this Act are fulfilled
762	762	and accomplished.
763	763	SECTION 4. This Act takes effect immediately if it receives
764	764	a vote of two-thirds of all the members elected to each house, as
765	765	provided by Section 39, Article III, Texas Constitution. If this
766	766	Act does not receive the vote necessary for immediate effect, this
767	767	Act takes effect September 1, 2009.
768	768	______________________________ ______________________________
769	769	President of the Senate Speaker of the House
770	770	I certify that H.B. No. 4719 was passed by the House on May
771	771	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
772	772	voting.
773	773	______________________________
774	774	Chief Clerk of the House
775	775	I certify that H.B. No. 4719 was passed by the Senate on May
776	776	27, 2009, by the following vote: Yeas 31, Nays 0.
777	777	______________________________
778	778	Secretary of the Senate
779	779	APPROVED: _____________________
780	780	Date
781	781	_____________________
782	782	Governor