Texas 2009 - 81st Regular

Texas House Bill HB4725 Compare Versions

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1	1	81R8834 SLB-D
2	2	By: Rose H.B. No. 4725
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Caldwell County Municipal Utility
8	8	District No. 1; providing authority to impose a tax and issue bonds;
9	9	granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8307 to read as follows:
13	13	CHAPTER 8307. CALDWELL COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8307.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Caldwell County Municipal
19	19	Utility District No. 1.
20	20	Sec. 8307.002. NATURE OF DISTRICT. The district is a
21	21	municipal utility district created under Section 59, Article XVI,
22	22	Texas Constitution.
23	23	Sec. 8307.003. CONFIRMATION AND DIRECTORS' ELECTION
24	24	REQUIRED. The temporary directors shall hold an election to
25	25	confirm the creation of the district and to elect five permanent
26	26	directors as provided by Section 49.102, Water Code.
27	27	Sec. 8307.004. CONSENT OF MUNICIPALITY REQUIRED. The
28	28	temporary directors may not hold an election under Section 8307.003
29	29	until each municipality in whose corporate limits or
30	30	extraterritorial jurisdiction the district is located has
31	31	consented by ordinance or resolution to the creation of the
32	32	district and to the inclusion of land in the district.
33	33	Sec. 8307.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
34	34	The district is created to serve a public purpose and benefit.
35	35	(b) The district is created to accomplish the purposes of:
36	36	(1) a municipal utility district as provided by
37	37	general law and Section 59, Article XVI, Texas Constitution; and
38	38	(2) Section 52, Article III, Texas Constitution, that
39	39	relate to the construction, acquisition, improvement, operation,
40	40	or maintenance of macadamized, graveled, or paved roads, or
41	41	improvements, including storm drainage, in aid of those roads.
42	42	Sec. 8307.006. INITIAL DISTRICT TERRITORY. (a) The
43	43	district is initially composed of the territory described by
44	44	Section 2 of the Act creating this chapter.
45	45	(b) The boundaries and field notes contained in Section 2 of
46	46	the Act creating this chapter form a closure. A mistake made in the
47	47	field notes or in copying the field notes in the legislative process
48	48	does not affect the district's:
49	49	(1) organization, existence, or validity;
50	50	(2) right to issue any type of bond for the purposes
51	51	for which the district is created or to pay the principal of and
52	52	interest on a bond;
53	53	(3) right to impose a tax; or
54	54	(4) legality or operation.
55	55	[Sections 8307.007-8307.050 reserved for expansion]
56	56	SUBCHAPTER B. BOARD OF DIRECTORS
57	57	Sec. 8307.051. GOVERNING BODY; TERMS. (a) The district is
58	58	governed by a board of five elected directors.
59	59	(b) Except as provided by Section 8307.052, directors serve
60	60	staggered four-year terms.
61	61	Sec. 8307.052. TEMPORARY DIRECTORS. (a) The temporary
62	62	board consists of:
63	63	(1) Joseph John Mazzola III;
64	64	(2) Hunter Wallace Dehn;
65	65	(3) Seth Thatcher;
66	66	(4) Scott Guesner; and
67	67	(5) Mark Solomon.
68	68	(b) Temporary directors serve until the earlier of:
69	69	(1) the date permanent directors are elected under
70	70	Section 8307.003; or
71	71	(2) the fourth anniversary of the effective date of
72	72	the Act creating this chapter.
73	73	(c) If permanent directors have not been elected under
74	74	Section 8307.003 and the terms of the temporary directors have
75	75	expired, successor temporary directors shall be appointed or
76	76	reappointed as provided by Subsection (d) to serve terms that
77	77	expire on the earlier of:
78	78	(1) the date permanent directors are elected under
79	79	Section 8307.003; or
80	80	(2) the fourth anniversary of the date of the
81	81	appointment or reappointment.
82	82	(d) If Subsection (c) applies, the owner or owners of a
83	83	majority of the assessed value of the real property in the district
84	84	may submit a petition to the Texas Commission on Environmental
85	85	Quality requesting that the commission appoint as successor
86	86	temporary directors the five persons named in the petition. The
87	87	commission shall appoint as successor temporary directors the five
88	88	persons named in the petition.
89	89	[Sections 8307.053-8307.100 reserved for expansion]
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 8307.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 8307.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 8307.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 8307.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106	106	project must meet all applicable construction standards, zoning and
107	107	subdivision requirements, and regulations of each municipality in
108	108	whose corporate limits or extraterritorial jurisdiction the road
109	109	project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 8307.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	Sec. 8307.106. LIMITATION ON CONSTRUCTION AND DEVELOPMENT
125	125	IN DISTRICT. A developer may not begin construction or development
126	126	of a project in the district unless the developer has entered into a
127	127	contract with an appropriate entity for the provision of water and
128	128	sewer services for the project.
129	129	Sec. 8307.107. LOCAL ROADWAY IMPROVEMENT. A developer who
130	130	undertakes a project in the district shall enter into an agreement
131	131	with the Texas Department of Transportation, the commissioners
132	132	court of any county in whose jurisdiction the district is located,
133	133	or another appropriate entity to make improvements in the roads
134	134	surrounding the district to mitigate any problems with traffic the
135	135	proposed project is anticipated to cause or create.
136	136	Sec. 8307.108. 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 8307.103; or
140	140	(2) a recreational facility as defined by Section
141	141	49.462, Water Code.
142	142	Sec. 8307.109. 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:
151	151	(1) contain any land outside the area described by
152	152	Section 2 of the Act creating this chapter; or
153	153	(2) contain less than 100 acres.
154	154	(d) The board, on its own motion or on receipt of a petition
155	155	signed by the owner or owners of a majority of the assessed value of
156	156	the real property in the district according to the most recent
157	157	certified appraisal roll for each county in which the district is
158	158	located, may adopt an order dividing the district.
159	159	(e) The board may adopt an order dividing the district
160	160	before or after the date the board holds an election under Section
161	161	8307.003 to confirm the district's creation.
162	162	(f) An order dividing the district shall:
163	163	(1) name each new district;
164	164	(2) include the metes and bounds description of the
165	165	territory of each new district;
166	166	(3) appoint temporary directors for each new district;
167	167	and
168	168	(4) provide for the division of assets and liabilities
169	169	between or among the new districts.
170	170	(g) On or before the 30th day after the date of adoption of
171	171	an order dividing the district, the district shall file the order
172	172	with the Texas Commission on Environmental Quality and record the
173	173	order in the real property records of each county in which the
174	174	district is located.
175	175	(h) Any new district created by the division of the district
176	176	shall hold a confirmation and directors' election as required by
177	177	Section 8307.003.
178	178	(i) Any new district created by the division of the district
179	179	must hold an election as required by this chapter to obtain voter
180	180	approval before the district may impose a maintenance tax or issue
181	181	bonds payable wholly or partly from ad valorem taxes.
182	182	(j) Any new district created by the division of the district
183	183	may divide into two or more districts as provided by this section.
184	184	[Sections 8307.110-8307.150 reserved for expansion]
185	185	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
186	186	Sec. 8307.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
187	187	district may issue, without an election, bonds and other
188	188	obligations secured by:
189	189	(1) revenue other than ad valorem taxes; or
190	190	(2) contract payments described by Section 8307.153.
191	191	(b) The district must hold an election in the manner
192	192	provided by Chapters 49 and 54, Water Code, to obtain voter approval
193	193	before the district may impose an ad valorem tax or issue bonds
194	194	payable from ad valorem taxes.
195	195	(c) The district may not issue bonds payable from ad valorem
196	196	taxes to finance a road project unless the issuance is approved by a
197	197	vote of a two-thirds majority of the district voters voting at an
198	198	election held for that purpose.
199	199	Sec. 8307.152. OPERATION AND MAINTENANCE TAX. (a) If
200	200	authorized at an election held under Section 8307.151, the district
201	201	may impose an operation and maintenance tax on taxable property in
202	202	the district in accordance with Section 49.107, Water Code.
203	203	(b) The board shall determine the tax rate. The rate may not
204	204	exceed the rate approved at the election.
205	205	Sec. 8307.153. CONTRACT TAXES. (a) In accordance with
206	206	Section 49.108, Water Code, the district may impose a tax other than
207	207	an operation and maintenance tax and use the revenue derived from
208	208	the tax to make payments under a contract after the provisions of
209	209	the contract have been approved by a majority of the district voters
210	210	voting at an election held for that purpose.
211	211	(b) A contract approved by the district voters may contain a
212	212	provision stating that the contract may be modified or amended by
213	213	the board without further voter approval.
214	214	[Sections 8307.154-8307.200 reserved for expansion]
215	215	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
216	216	Sec. 8307.201. AUTHORITY TO ISSUE BONDS AND OTHER
217	217	OBLIGATIONS. The district may issue bonds or other obligations
218	218	payable wholly or partly from ad valorem taxes, impact fees,
219	219	revenue, contract payments, grants, or other district money, or any
220	220	combination of those sources, to pay for any authorized district
221	221	purpose.
222	222	Sec. 8307.202. TAXES FOR BONDS. At the time the district
223	223	issues bonds payable wholly or partly from ad valorem taxes, the
224	224	board shall provide for the annual imposition of a continuing
225	225	direct ad valorem tax, without limit as to rate or amount, while all
226	226	or part of the bonds are outstanding as required and in the manner
227	227	provided by Sections 54.601 and 54.602, Water Code.
228	228	Sec. 8307.203. BONDS FOR ROAD PROJECTS. At the time of
229	229	issuance, the total principal amount of bonds or other obligations
230	230	issued or incurred to finance road projects and payable from ad
231	231	valorem taxes may not exceed one-fourth of the assessed value of the
232	232	real property in the district.
233	233	SECTION 2. The Caldwell County Municipal Utility District
234	234	No. 1 initially includes all the territory contained in the
235	235	following area:
236	236	TRACT 1 - 3473.37 ACRES
237	237	All that certain tract or parcel of land situated in Caldwell
238	238	County, Texas out of the Eason Tyson Survey, Abstract No. 291 and
239	239	the Almerion Dickinson Survey, Abstract No. 5, Caldwell County,
240	240	Texas and being those tracts described as 256.38 acres in a Special
241	241	Warranty Deed granted to Don Ray George, et ux, and recorded in
242	242	Volume 81, Page 50, Official Public Records of Caldwell County,
243	243	Texas, and 339.33 acres in a Special Warranty Deed with Vendor's
244	244	Lien granted to Don Ray George, et ux, and recorded in Volume 81,
245	245	Page 558, of said official public records and 1638.30 acres in a
246	246	Special Warranty Deed granted to Don Ray George, et ux, and recorded
247	247	in Volume 80, Page 901, of said official public records and 384-1/4
248	248	acres (First Tract), 157 acres (Tract One of Second Tract), 200
249	249	acres (Tract Two of Second Tract), Tract Four of Second Tract, 100
250	250	acres (Tract Two of Third Tract), 100 acres (Tract One of Third
251	251	Tract), 100 acres (Tract Three of Second Tract), and 200 acres
252	252	(Seventh Tract) in a Deed granted to Sidney Camille Brewster Young,
253	253	and recorded in Volume 342, Page 454, Deed Records of Caldwell
254	254	County, Texas, and further described by metes and bounds as
255	255	follows:
256	256	BEGINNING at a 1/2" iron pin found at the intersection of the
257	257	northeast line of Highway 80, a.k.a. San Marcos Highway,
258	258	right-of-way varies, and the northwest line of County Road 110,
259	259	a.k.a. Long Road, right-of-way varies, for the southwest corner of
260	260	said Don Ray George, et ux tract (81/50) and this tract;
261	261	THENCE, with the northeast line of said Highway 80 and the southwest
262	262	line of said Don Ray George, et ux tracts (81/50), (81/558), and
263	263	(80/901) and this tract in the following twenty one (21) courses;
264	264	1. N 2559'34" W 115.79 feet to a 1/2" iron pin with a yellow plastic
265	265	cap inscribed "CS, LTD." set,
266	266	2. N 6110'25" E 15.80 feet to a 1/2" iron pin with a yellow plastic
267	267	cap inscribed "CS, LTD." set,
268	268	3. N 2558'07" W 597.09 feet to a concrete monument found,
269	269	4. S 7049'29" W 15.15 feet to a 1/2" iron pin found,
270	270	5. N 2556'19" W 997.88 feet to a concrete monument,
271	271	6. N 6658'22" E 5.66 feet to a concrete monument,
272	272	7. N 2559'32" W 399.21 feet to a concrete monument,
273	273	8. S 7704'13" W 6.02 feet to a concrete monument,
274	274	9. N 2553'15" W at 1298.67 feet and 0.17 feet to the left passing a
275	275	concrete monument found, in all 1364.69 feet to a 1/2" iron
276	276	pin found for the northwest corner of said Don Ray George, et
277	277	ux tract (81/50) and the southwest corner of said Don Ray
278	278	George, et ux tract (81/558),
279	279	10. N 2551'03" W 1331.32 feet to a concrete monument,
280	280	11. N 6337'33" E 9.12 feet to a 1/2" iron pin with a yellow plastic
281	281	cap inscribed "CS, LTD." set,
282	282	12. N 2605'30" W 200.05 feet to a concrete monument found,
283	283	13. S 7024'55" W 10.36 feet to a concrete monument with a 60d nail
284	284	found in it,
285	285	14. N 2552'07" W 999.81 feet to a 1/2" pipe found,
286	286	15. N 6406'49" E 139.42 feet to a 1/2" iron pin found,
287	287	16. N 2606'10" W 128.89 feet to a 1/2" pipe found for the northwest
288	288	corner of said Don Ray George, et ux tract (81/558) and an
289	289	angle point of said Don Ray George, et ux tract (80/901),
290	290	17. N 2548'08" W 221.34 feet to a 1/2" iron pin found,
291	291	18. S 6352'16" W 130.00 feet to a calculated point inundated by
292	292	Dickerson Creek,
293	293	19. N 2555'54" W 749.61 feet to a concrete monument,
294	294	20. S 6837'09" W 9.87 feet to a concrete monument,
295	295	21. N 25'55"39" W at 1400.02 feet and 0.40 feet to the left passing
296	296	a right-of-way monument found, in all 1907.70 feet to a 1/2"
297	297	iron pin found at the intersection of the northeast line of
298	298	said Highway 80 and the southeast line of County Road 107,
299	299	a.k.a. Dickerson Road, right-of-way varies, for the
300	300	northwest corner of said Don Ray George, et ux tract (80/901)
301	301	and this tract;
302	302	THENCE, with the southeast line of said County Road 107 and the
303	303	northwest line of said Don Ray George, et ux tract (80/901), said
304	304	Sidney Camille Brewster Young tracts (First Tract), (Tract One of
305	305	Second Tract), and (Tract Two of Second Tract) and this tract in the
306	306	following twenty one (21) courses,
307	307	1. N 2750'19" E 99.49 feet to a 1/2" iron pin found,
308	308	2. N 4830'05" E 1090.68 feet to a 1/2" iron pin found,
309	309	3. N 4830'04" E 1359.07 feet to a 1/2" iron pin found,
310	310	4. N 4838'19" E 1936.21 feet to a 1/2" iron pin found,
311	311	5. N 4835'39" E 1168.70 feet to a 1/2" iron pin with a yellow
312	312	plastic cap inscribed "CS,LTD." set,
313	313	6. N 4905'39" E 540.52 feet to a 1/2" iron pin with a yellow plastic
314	314	cap inscribed "CS, LTD." set,
315	315	7. N 7335'13" E 43.60 feet to a 1/2" iron pin with a yellow plastic
316	316	cap inscribed "CS, LTD." set,
317	317	8. S 8427'23" E 365.52 feet to a 1/2" iron pin with a yellow plastic
318	318	cap inscribed "CS, LTD." set in the southwest line of that
319	319	tract described as 607.42 acres in a Special Warranty Deed
320	320	granted to The Revocable Living Trust of Arthur Don Purswell
321	321	and Marian Young Purswell and recorded in Volume 177, Page
322	322	133, of said official public records and leaving said County
323	323	Road 107,
324	324	9. S 4129'30" E 275.84 feet to a 1/2" iron pin found for the
325	325	southwest corner of said Arthur Don Purswell and Marian Young
326	326	Purswell tract and an interior ell corner of said Don Ray
327	327	George, et ux tract and this tract,
328	328	10. N 4841'10" E 316.93 feet with the southeast line of said Arthur
329	329	Don Purswell and Marian Young Purswell tract to a 1/2" iron
330	330	pin with a yellow plastic cap inscribed "CS, LTD." set in the
331	331	southeast line of said County Road 107,
332	332	11. N 4818'17" E 510.35' feet continuing with the southeast line of
333	333	said Arthur Don Purswell and Marian Young Purswell tract to a
334	334	1/2" iron pin found,
335	335	12. N 4839'36" E 615.14 feet to a 1/2" iron pin with a yellow
336	336	plastic cap inscribed "CS, LTD." set,
337	337	13. N 4847'27" E 244.10 feet to a 1/2" iron pin with a yellow
338	338	plastic cap inscribed "CS, LTD." set,
339	339	14. N 5242'18" E 172.20 feet to a 1/2" iron pin found,
340	340	15. N 6158'35" E 114.42 feet to a 1/2" iron pin with a yellow
341	341	plastic cap inscribed "CS, LTD." set,
342	342	16. N 4818'51" E 689.17 feet to a 1/2" iron pin found,
343	343	17. N 4816'14" E 456.03 feet to a 1/2" iron pin found,
344	344	18. N 4854'32" E 642.45 feet to a 5/8" iron pin found for the
345	345	northwest corner of said Sidney Camille Brewster Young tract
346	346	(First Tract) and the northeast corner of said Don Ray
347	347	George, et ux tract (80/901),
348	348	19. N 4849'02" E 2107.30 feet to a nail found at the top of a post
349	349	for the northwest corner of said Sidney Camille Brewster
350	350	Young tract (Tract One of Second Tract) and the northeast of
351	351	said Sidney Camille Brewster Young tract (First Tract),
352	352	20. N 4824'33" E 844.46 feet to a 1/2" iron pin with a yellow
353	353	plastic cap inscribed "CS, LTD." set for the northwest corner
354	354	of said Sidney Camille Brewster Young tract (Tract Two of
355	355	Second Tract) and the northeast corner of said Sidney Camille
356	356	Brewster Young tract (Tract One of Second Tract),
357	357	21. N 4754'42" E 1089.86 feet to a 5/8" iron pin found for the
358	358	northwest corner of that tract described as 5.41 acres (First
359	359	Tract) in a Warranty Deed granted to Nazario Reyna, et al, and
360	360	recorded in Volume 109, Page 311, of said official public
361	361	records and the northeast corner of said Sidney Camille
362	362	Brewster Young tract (Tract Two of Second Tract) and the most
363	363	westerly northeast corner of this tract,
364	364	THENCE, with the southwest line of said Nazario Reyna, et al tract
365	365	(First Tract) and that tract described as 7.67 acres (Second Tract)
366	366	in said Nazario Reyna, et al, Warranty Deed and those tracts
367	367	described as 6.04 acres (Tract One), 6.05 acres (Tract Two), 7.55
368	368	acres (Tract Three), and 7.55 acres (Tract Four) in a Warranty Deed
369	369	with Vendor's Lien granted to Michael Henry and recorded in Volume
370	370	66, Page 504, of said official public records and that tract
371	371	described as 10.29 acres in a Warranty Deed granted to Thomas J.
372	372	Chrystal, et al, and recorded in Volume 496, Page 677, of said deed
373	373	records and the northeast line of said Sidney Camille Brewster
374	374	Young tract (Tract Two of Second Tract) and continuing with the
375	375	northwest line of this tract in the following seven (7) courses,
376	376	1. S 4122'58" E 700.00 feet to a 1/2" iron pin found for the
377	377	northwest corner of said Nazario Reyna, et al tract (Second
378	378	Tract) and the southwest corner of said Nazario Reyna, et al
379	379	tract (First Tract),
380	380	2. S 4130'13" E 337.71 feet to a 1/2" iron pin found for the
381	381	northwest corner of said Michael Henry tract (Tract Four) and
382	382	the southwest corner of said Nazario Reyna, et al tract
383	383	(Second Tract),
384	384	3. S 4148'01" E 326.67 feet to a 1/2" iron pin found for the
385	385	northwest corner of said Michael Henry tract (Tract Three)
386	386	and the southwest corner of said Michael Henry tract (Tract
387	387	Four),
388	388	4. S 4206'52" E 326.93 feet to a 1/2" iron pin found for the
389	389	northwest corner of said Michael Henry tract (Tract Two) and
390	390	the southwest corner of said Michael Henry tract (Tract
391	391	Three),
392	392	5. S 4211'00" E 262.18 feet to a 1/2" iron pin found for the
393	393	northwest corner of said Michael Henry tract (Tract One) and
394	394	the southwest corner of said Michael Henry tract (Tract Two),
395	395	6. S 4221'52" E 261.98 feet to a 1/2" iron pin found for the
396	396	northwest corner of said Thomas J. Chrystal, et al tract and
397	397	the southwest corner of said Michael Henry tract (Tract One),
398	398	7. S 4228'15" E 448.18 feet to a 1/2" iron pin found for the
399	399	northwest corner of said Sidney Camille Brewster Young tract
400	400	(Tract Two of Third Tract) and the southwest corner of said
401	401	Thomas J. Chrystal, et al tract and an interior ell corner of
402	402	this tract;
403	403	THENCE, with the southeast line of said Thomas J. Chrystal, et al
404	404	tract and that tract described as 10.20 acres in a Warranty Deed
405	405	granted to Anna Lowe, et al, and recorded in Volume 120, Page 785,
406	406	of said official public records and that tract described as 25.00
407	407	acres in a Contract For Deed granted to Wayne Carlton Latham, et ux,
408	408	and recorded in Volume 75, Page 46, of said official public records
409	409	and that tract described as 35.31 acres in a General Warranty Deed
410	410	granted to Wayne Carlton Latham, et ux, and recorded in Volume 318,
411	411	Page 900, of said official public records and the northwest line of
412	412	said Sidney Camille Brewster Young tract (Tract Two of Third Tract)
413	413	and continuing with the northwest line of this tract in the
414	414	following nine (9) courses,
415	415	1. N 4759'47" E 399.12 feet to a 1/2" iron pin with a yellow plastic
416	416	cap inscribed "CS, LTD." set,
417	417	2. N 4759'47" E 399.62 feet to a 1/2" iron pin with a yellow plastic
418	418	cap inscribed "CS, LTD." set,
419	419	3. N 4751'49" E at 176.33 feet passing a 1/2" iron pin with a yellow
420	420	plastic cap inscribed "CS, LTD." set for the southwest corner
421	421	of an unimproved 50 foot roadway, in all 201.32 feet to a 1/2"
422	422	iron pin with a red cap inscribed "Hinkle Surveyor" found for
423	423	the southwest corner of said Anna Lowe, et al tract and the
424	424	southeast corner of said Thomas J. Chrystal, et al tract,
425	425	4. N 4833'39" E at 25.04 feet passing a 60d nail found at the base
426	426	of a 20" Elm Tree for the southeast corner of said roadway, in
427	427	all 199.14 feet to a 5/8" iron pin found,
428	428	5. N 4726'44" E 398.26 feet to a 5/8" iron pin found at a 12" Twin
429	429	Elm Tree,
430	430	6. N 4748'57" E 400.42 feet to a 1/2" iron pin with an aluminum cap
431	431	inscribed "Burn & Assoc. Surveying" found for the southwest
432	432	corner of said Wayne Carlton Latham, et ux tract (75/46) and
433	433	the southeast corner of said Anna Lowe, et al tract,
434	434	7. N 4821'48" E 318.40 feet to a 1/2" iron pin with a yellow plastic
435	435	cap inscribed "CS, LTD." set,
436	436	8. N 4802'21" E 515.92 feet to a 12" treated fence post found for
437	437	the southwest corner of said Wayne Carlton Latham, et ux
438	438	tract (318/900) and the southeast corner of said Wayne
439	439	Carlton Latham, et ux tract (75/46),
440	440	9. N 4806'50" E 1165.61 feet to a 5/8" iron pin found in the
441	441	southwest line of that tract described as 433.16 acres in a
442	442	Deed granted to Everett F. Johnson, et al, and recorded in
443	443	Volume 320, Page 3, of said deed records for the southeast
444	444	corner of said Wayne Carlton Latham, et ux tract (318/900)
445	445	and the northeast corner of said Sidney Camille Brewster
446	446	Young tract (Tract Two of Third Tract) and the most easterly
447	447	northeast corner of this tract;
448	448	THENCE, with the southwest line of said Everett F. Johnson, et al
449	449	tract as fenced and that tract described as 97.20 acres in an
450	450	Extension Agreement granted to Jo Ann Simmons, and recorded in
451	451	Volume 127, Page 303, of said deed records and the northeast line of
452	452	said Sidney Camille Brewster Young tracts (Tract Two of Third
453	453	Tract), (Tract One of Third Tract), (Tract Three of Second Tract),
454	454	and (Seventh Tract) and this tract as fenced in the following nine
455	455	(9) courses,
456	456	1. S 4120'59" E 1086.22 feet to a 1/2" iron pin with a yellow
457	457	plastic cap inscribed "CS, LTD." set for the northeast corner
458	458	of said Sidney Camille Brewster Young tract (Tract One of
459	459	Third Tract) and the southeast corner of said Sidney Camille
460	460	Brewster Young tract (Tract Two of Third Tract),
461	461	2. S 4147'44" E 476.92 feet to a 1/2" iron pin with a yellow plastic
462	462	cap inscribed "CS, LTD." set at a fence corner,
463	463	3. S 4155'29" E 609.13 feet to a 1/2" iron pin with a yellow plastic
464	464	cap inscribed "CS, LTD." set for the northeast corner of said
465	465	Sidney Camille Brewster Young tract (Tract Three of Second
466	466	Tract) and the southeast corner of said Sidney Camille
467	467	Brewster Young tract (Tract One of Third Tract),
468	468	4. S 4110'50" E 1091.49 feet to a 1/2" iron pin found for the
469	469	northwest corner of said Jo Ann Simmons tract and the
470	470	northeast corner of said Sidney Camille Brewster Young tract
471	471	(Seventh Tract) and the southeast corner of said Sidney
472	472	Camille Brewster Young tract (Tract Three of Second Tract),
473	473	5. S 4133'35" E 500.01 feet to a 1/2" iron pin with a yellow plastic
474	474	cap inscribed "CS, LTD." set,
475	475	6. S 4155'23" E 500.01 feet to a 1/2" iron pin with a yellow plastic
476	476	cap inscribed "CS, LTD." set,
477	477	7. S 4116'46" E 652.96 feet to a 1/2" iron pin with a yellow plastic
478	478	cap inscribed "CS, LTD." set,
479	479	8. S 4236'00" E 270.74 feet to a 1/2" iron pin found for the most
480	480	westerly southwest corner of said Jo Ann Simmons tract,
481	481	9. S 4133'20" E 213.33 feet to a 1/2" iron pin with a yellow plastic
482	482	cap inscribed "CS, LTD."
483	483	set in the fenced northwest line of said County Road 110 for
484	484	the southeast corner of said Sidney Camille Brewster Young
485	485	tract (Seventh Tract) and this tract;
486	486	THENCE, with the northwest line of said County Road 110 as occupied
487	487	and the southeast line of said Sidney Camille Brewster Young tracts
488	488	(Seventh Tract), (Tract Two of Second Tract), (Tract One of Second
489	489	Tract), and (First Tract) and said Don Ray George, et ux tracts
490	490	(80/901) and (81/50) as occupied and this tract in the following
491	491	thirty (30) courses,
492	492	1. S 4825'35" W 3998.39 feet to a 1/2" iron pin with a yellow
493	493	plastic cap inscribed "CS, LTD." set at a fence corner post
494	494	for the southeast corner of said Sidney Camille Brewster
495	495	Young tract (Tract Two of Second Tract) and the southwest
496	496	corner of said Sidney Camille Brewster Young tract (Seventh
497	497	Tract),
498	498	2. S 4759'23" W 1101.35 feet to a 1/2" iron pin with a yellow
499	499	plastic cap inscribed "CS, LTD." set for the southeast corner
500	500	of said Sidney Camille Brewster Young tract (Tract One of
501	501	Second Tract) and the southwest corner of said Sidney Camille
502	502	Brewster Young tract (Tract Two of Second Tract),
503	503	3. S 4814'02" W 846.20 feet to a 1/2" iron pin with a yellow plastic
504	504	cap inscribed "CS, LTD." set at a fence corner post for the
505	505	southeast corner of said Sidney Camille Brewster Young tract
506	506	(First Tract) and the southwest corner of said Sidney Camille
507	507	Brewster Young tract (Tract One of Second Tract),
508	508	4. S 4855'00" W 2089.02 feet to a 1/2" iron pin found for the
509	509	southeast corner of said Don Ray George, et ux tract (80/901)
510	510	and the southwest corner of said Sidney Camille Brewster
511	511	Young tract (First Tract),
512	512	5. S 4715'53" W 828.29 feet to a 1/2" iron pin found,
513	513	6. S 4814'38" W 1800.54 feet to a 1/2" iron pin found,
514	514	7. S 4553'08" W 29.28 feet to a 1/2" iron pin found,
515	515	8. S 4742'12" W 1192.83 feet to a concrete monument,
516	516	9. S 5548'36" W 86.13 feet to a 1/2" iron pin found,
517	517	10. S 4450'37" W 86.74 feet to a 1/2" iron pin found,
518	518	11. S 4659'47" W 1025.64 feet to a 1/2" iron pin with a yellow
519	519	plastic cap inscribed "CS, LTD." set,
520	520	12. S 5114'20" W 63.03 feet to a 1/2" iron pin found,
521	521	13. S 4831'46" W 323.13 feet to a 1/2" iron pin found,
522	522	14. S 4810'15" W 419.02 feet to a 1/2" iron pin found,
523	523	15. S 5257'23" W 267.70 feet leaving said fence to a 1/2" iron pin
524	524	with a yellow plastic cap inscribed "CS, LTD." set,
525	525	16. S 4927'07" W 266.78 feet to a 1/2" iron pin found,
526	526	17. S 4116'15" E 29.52 feet back to said fence and to a 1/2" iron
527	527	pin found,
528	528	18. S 4819'28" W 383.14 feet to a 1/2" iron pin found,
529	529	19. S 4820'59" W 761.56 feet to a 1/2" iron pin found,
530	530	20. S 4844'26" W 698.20 feet to a 1/2" iron pin with a yellow
531	531	plastic cap inscribed "CS, LTD." set,
532	532	21. S 4809'58" W 530.04 feet to a 1/2" iron pin found,
533	533	22. S 4839'32" W 124.20 feet to a 1/2" iron pin found for the
534	534	southeast corner of said Don Ray George, et ux tract (81/50)
535	535	and the southwest corner of said Don Ray George, et ux tract
536	536	(80/901),
537	537	23. S 4827'11" W 825.07 feet to a 1/2" iron pin found,
538	538	24. S 5237'55" W 62.98 feet to a 1/2" iron pin with a yellow plastic
539	539	cap inscribed "CS, LTD." set,
540	540	25. S 4849'11" W 50.25 feet to a 1/2" iron pin with a yellow plastic
541	541	cap inscribed "CS, LTD." set,
542	542	26. S 4128'02" W 18.93 feet to a 1/2" iron pin found,
543	543	27. S 4816'14" W 843.13 feet to a 1/2" iron pin with a yellow
544	544	plastic cap inscribed "CS, LTD." set,
545	545	28. S 4823'56" W 434.47 feet to a 1/2" iron pin found,
546	546	29. S 4828'12" W 1554.39 feet to a 1/2" iron pin with a yellow
547	547	plastic cap inscribed "CS, LTD." set,
548	548	30. S 5827'42" W 11.24 feet to the Point of Beginning and
549	549	containing 3473.37 acres of land within this metes and bounds
550	550	description.
551	551	Bearings cited hereon based on Grid North, Texas State Plane
552	552	Coordinate System (Central Zone) NAD83.
553	553	SECTION 3. (a) The legal notice of the intention to
554	554	introduce this Act, setting forth the general substance of this
555	555	Act, has been published as provided by law, and the notice and a
556	556	copy of this Act have been furnished to all persons, agencies,
557	557	officials, or entities to which they are required to be furnished
558	558	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
559	559	Government Code.
560	560	(b) The governor, one of the required recipients, has
561	561	submitted the notice and Act to the Texas Commission on
562	562	Environmental Quality.
563	563	(c) The Texas Commission on Environmental Quality has filed
564	564	its recommendations relating to this Act with the governor, the
565	565	lieutenant governor, and the speaker of the house of
566	566	representatives within the required time.
567	567	(d) All requirements of the constitution and laws of this
568	568	state and the rules and procedures of the legislature with respect
569	569	to the notice, introduction, and passage of this Act are fulfilled
570	570	and accomplished.
571	571	SECTION 4. This Act takes effect immediately if it receives
572	572	a vote of two-thirds of all the members elected to each house, as
573	573	provided by Section 39, Article III, Texas Constitution. If this
574	574	Act does not receive the vote necessary for immediate effect, this
575	575	Act takes effect September 1, 2009.