Texas 2009 - 81st Regular

Texas House Bill HB4734 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R12436 SGA-F
2	2	By: Creighton H.B. No. 4734
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Montgomery County Municipal Utility
8	8	Districts Nos. 128 and 129; providing authority to impose a tax and
9	9	issue bonds; granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapters 8355 and 8356 to read as
13	13	follows:
14	14	CHAPTER 8355. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 128
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8355.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Director" means a board member.
19	19	(3) "District" means the Montgomery County Municipal
20	20	Utility District No. 128.
21	21	Sec. 8355.002. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 8355.003. CONFIRMATION AND DIRECTORS' ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 8355.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section 8355.003
30	30	until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district.
34	34	Sec. 8355.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
35	35	The district is created to serve a public purpose and benefit.
36	36	(b) The district is created to accomplish the purposes of:
37	37	(1) a municipal utility district as provided by
38	38	general law and Section 59, Article XVI, Texas Constitution; and
39	39	(2) Section 52, Article III, Texas Constitution, that
40	40	relate to the construction, acquisition, improvement, operation,
41	41	or maintenance of macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 8355.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2(a) of the Act creating this chapter.
46	46	(b) The boundaries and field notes contained in Section 2(a)
47	47	of the Act creating this chapter form a closure. A mistake made in
48	48	the field notes or in copying the field notes in the legislative
49	49	process does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	[Sections 8355.007-8355.050 reserved for expansion]
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8355.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8355.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8355.052. TEMPORARY DIRECTORS. (a) The temporary
63	63	board consists of:
64	64	(1) H. Daniel Wright;
65	65	(2) Justin Hood;
66	66	(3) Sherry Barker;
67	67	(4) Noe Carrasco; and
68	68	(5) Rusty Wilson.
69	69	(b) If a temporary director fails to qualify for office, the
70	70	temporary directors who have qualified shall appoint a person to
71	71	fill the vacancy.
72	72	(c) Temporary directors serve until the earlier of:
73	73	(1) the date permanent directors are elected under
74	74	Section 8355.003; or
75	75	(2) September 1, 2013.
76	76	(d) If permanent directors have not been elected under
77	77	Section 8355.003 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (e) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 8355.003; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(e) If Subsection (d) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the Texas Commission on Environmental
88	88	Quality requesting that the commission appoint as successor
89	89	temporary directors the five persons named in the petition. The
90	90	commission shall appoint as successor temporary directors the five
91	91	persons named in the petition.
92	92	[Sections 8355.053-8355.100 reserved for expansion]
93	93	SUBCHAPTER C. POWERS AND DUTIES
94	94	Sec. 8355.101. GENERAL POWERS AND DUTIES. The district has
95	95	the powers and duties necessary to accomplish the purposes for
96	96	which the district is created.
97	97	Sec. 8355.102. MUNICIPAL UTILITY DISTRICT POWERS AND
98	98	DUTIES. The district has the powers and duties provided by the
99	99	general law of this state, including Chapters 49 and 54, Water Code,
100	100	applicable to municipal utility districts created under Section 59,
101	101	Article XVI, Texas Constitution.
102	102	Sec. 8355.103. AUTHORITY FOR ROAD PROJECTS. Under Section
103	103	52, Article III, Texas Constitution, the district may design,
104	104	acquire, construct, finance, issue bonds for, improve, operate,
105	105	maintain, and convey to this state, a county, or a municipality for
106	106	operation and maintenance macadamized, graveled, or paved roads, or
107	107	improvements, including storm drainage, in aid of those roads.
108	108	Sec. 8355.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
109	109	project must meet all applicable construction standards,
110	110	subdivision requirements, and regulations of each municipality in
111	111	whose corporate limits or extraterritorial jurisdiction the road
112	112	project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards,
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 8355.105. DIVISION OF DISTRICT. (a) The district may
122	122	be divided into two or more new districts only if the district:
123	123	(1) has no outstanding bonded debt; and
124	124	(2) is not imposing ad valorem taxes.
125	125	(b) This chapter applies to any new district created by the
126	126	division of the district, and a new district has all the powers and
127	127	duties of the district.
128	128	(c) Any new district created by the division of the district
129	129	may not, at the time the new district is created:
130	130	(1) contain any land outside the area described by
131	131	Section 2(a) of the Act creating this chapter; or
132	132	(2) contain less than 200 or more than 600 acres of
133	133	land without the prior consent of any municipality in whose
134	134	extraterritorial jurisdiction the district is located.
135	135	(d) The board, on its own motion or on receipt of a petition
136	136	signed by the owner or owners of a majority of the assessed value of
137	137	the real property in the district, may adopt an order dividing the
138	138	district.
139	139	(e) The board may adopt an order dividing the district
140	140	before or after the date the board holds an election under Section
141	141	8355.003 to confirm the district's creation.
142	142	(f) An order dividing the district shall:
143	143	(1) name each new district;
144	144	(2) include the metes and bounds description of the
145	145	territory of each new district;
146	146	(3) appoint temporary directors for each new district;
147	147	and
148	148	(4) provide for the division of assets and liabilities
149	149	between or among the new districts.
150	150	(g) On or before the 30th day after the date of adoption of
151	151	an order dividing the district, the district shall file the order
152	152	with the Texas Commission on Environmental Quality and record the
153	153	order in the real property records of each county in which the
154	154	district is located.
155	155	(h) Any new district created by the division of the district
156	156	shall hold a confirmation and directors' election as required by
157	157	Section 8355.003. A new district that is not confirmed is subject
158	158	to dissolution under general law.
159	159	(i) Except as provided by Subsection (c), municipal consent
160	160	to the creation of the district and to the inclusion of land in the
161	161	district granted under Section 8355.004 acts as municipal consent
162	162	to the creation of any new district created by the division of the
163	163	district and to the inclusion of land in the new district.
164	164	(j) Any new district created by the division of the district
165	165	must hold an election as required by this chapter to obtain voter
166	166	approval before the district may impose a maintenance tax or issue
167	167	bonds payable wholly or partly from ad valorem taxes.
168	168	Sec. 8355.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
169	169	OR RESOLUTION. The district shall comply with all applicable
170	170	requirements of any ordinance or resolution that is adopted under
171	171	Section 54.016 or 54.0165, Water Code, and that consents to the
172	172	creation of the district or to the inclusion of land in the
173	173	district.
174	174	Sec. 8355.107. EFFECT OF ANNEXATION. (a) A municipality
175	175	within whose extraterritorial jurisdiction the land in the district
176	176	lies may annex all of the district into its corporate limits under
177	177	the terms of an agreement entered into before the effective date of
178	178	the Act creating this chapter between the municipality and the
179	179	owners of the land being annexed, and, in that instance, the
180	180	district may not be dissolved, except as provided by Subsection
181	181	(b).
182	182	(b) The district may be dissolved and its debts and
183	183	obligations assumed by the municipality in accordance with Chapter
184	184	43, Local Government Code, including Sections 43.075 and 43.0715,
185	185	on:
186	186	(1) annexation of all of the territory of the district
187	187	by the municipality; and
188	188	(2) completion of the construction of the water,
189	189	sanitary sewer, and drainage improvements and roads required to
190	190	serve at least 95 percent of the land in the district.
191	191	(c) Notwithstanding Section 54.016(f)(2), Water Code, a
192	192	contract between the municipality and the district that provides
193	193	for the allocation of the taxes or revenues between the district and
194	194	the municipality following the date of inclusion of all the
195	195	district's territory in the corporate limits of the municipality
196	196	may provide that the total annual ad valorem taxes collected by the
197	197	municipality and the district from taxable property in the district
198	198	may exceed the municipality's ad valorem tax on the property.
199	199	Sec. 8355.108. LIMITATION ON USE OF EMINENT DOMAIN. The
200	200	district may not exercise the power of eminent domain outside the
201	201	district to acquire a site or easement for:
202	202	(1) a road project authorized by Section 8355.103; or
203	203	(2) a recreational facility as defined by Section
204	204	49.462, Water Code.
205	205	[Sections 8355.109-8355.150 reserved for expansion]
206	206	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
207	207	Sec. 8355.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
208	208	district may issue, without an election, bonds and other
209	209	obligations secured by:
210	210	(1) revenue other than ad valorem taxes; or
211	211	(2) contract payments described by Section 8355.153.
212	212	(b) The district must hold an election in the manner
213	213	provided by Chapters 49 and 54, Water Code, to obtain voter approval
214	214	before the district may impose an ad valorem tax or issue bonds
215	215	payable from ad valorem taxes.
216	216	(c) The district may not issue bonds payable from ad valorem
217	217	taxes to finance a road project unless the issuance is approved by a
218	218	vote of a two-thirds majority of the district voters voting at an
219	219	election held for that purpose.
220	220	Sec. 8355.152. OPERATION AND MAINTENANCE TAX. (a) If
221	221	authorized at an election held under Section 8355.151, the district
222	222	may impose an operation and maintenance tax on taxable property in
223	223	the district in accordance with Section 49.107, Water Code.
224	224	(b) The board shall determine the tax rate. The rate may not
225	225	exceed the rate approved at the election.
226	226	Sec. 8355.153. CONTRACT TAXES. (a) In accordance with
227	227	Section 49.108, Water Code, the district may impose a tax other than
228	228	an operation and maintenance tax and use the revenue derived from
229	229	the tax to make payments under a contract after the provisions of
230	230	the contract have been approved by a majority of the district voters
231	231	voting at an election held for that purpose.
232	232	(b) A contract approved by the district voters may contain a
233	233	provision stating that the contract may be modified or amended by
234	234	the board without further voter approval.
235	235	[Sections 8355.154-8355.200 reserved for expansion]
236	236	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
237	237	Sec. 8355.201. AUTHORITY TO ISSUE BONDS AND OTHER
238	238	OBLIGATIONS. The district may issue bonds or other obligations
239	239	payable wholly or partly from ad valorem taxes, impact fees,
240	240	revenue, including revenue received by the district under Chapter
241	241	311, Tax Code, and Chapter 380, Local Government Code, assessments,
242	242	grants, or other district money, or any combination of those
243	243	sources, to pay for any authorized district purpose.
244	244	Sec. 8355.202. TAXES FOR BONDS. At the time the district
245	245	issues bonds payable wholly or partly from ad valorem taxes, the
246	246	board shall provide for the annual imposition of a continuing
247	247	direct ad valorem tax, without limit as to rate or amount, while all
248	248	or part of the bonds are outstanding as required and in the manner
249	249	provided by Sections 54.601 and 54.602, Water Code.
250	250	Sec. 8355.203. BONDS FOR ROAD PROJECTS. At the time of
251	251	issuance, the total principal amount of bonds or other obligations
252	252	issued or incurred to finance road projects and payable from ad
253	253	valorem taxes may not exceed one-fourth of the assessed value of the
254	254	real property in the district.
255	255	CHAPTER 8356. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 129
256	256	SUBCHAPTER A. GENERAL PROVISIONS
257	257	Sec. 8356.001. DEFINITIONS. In this chapter:
258	258	(1) "Board" means the district's board of directors.
259	259	(2) "Director" means a board member.
260	260	(3) "District" means the Montgomery County Municipal
261	261	Utility District No. 129.
262	262	Sec. 8356.002. NATURE OF DISTRICT. The district is a
263	263	municipal utility district created under Section 59, Article XVI,
264	264	Texas Constitution.
265	265	Sec. 8356.003. CONFIRMATION AND DIRECTORS' ELECTION
266	266	REQUIRED. The temporary directors shall hold an election to
267	267	confirm the creation of the district and to elect five permanent
268	268	directors as provided by Section 49.102, Water Code.
269	269	Sec. 8356.004. CONSENT OF MUNICIPALITY REQUIRED. The
270	270	temporary directors may not hold an election under Section 8356.003
271	271	until each municipality in whose corporate limits or
272	272	extraterritorial jurisdiction the district is located has
273	273	consented by ordinance or resolution to the creation of the
274	274	district and to the inclusion of land in the district.
275	275	Sec. 8356.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
276	276	The district is created to serve a public purpose and benefit.
277	277	(b) The district is created to accomplish the purposes of:
278	278	(1) a municipal utility district as provided by
279	279	general law and Section 59, Article XVI, Texas Constitution; and
280	280	(2) Section 52, Article III, Texas Constitution, that
281	281	relate to the construction, acquisition, improvement, operation,
282	282	or maintenance of macadamized, graveled, or paved roads, or
283	283	improvements, including storm drainage, in aid of those roads.
284	284	Sec. 8356.006. INITIAL DISTRICT TERRITORY. (a) The
285	285	district is initially composed of the territory described by
286	286	Section 2(b) of the Act creating this chapter.
287	287	(b) The boundaries and field notes contained in Section 2(b)
288	288	of the Act creating this chapter form a closure. A mistake made in
289	289	the field notes or in copying the field notes in the legislative
290	290	process does not affect the district's:
291	291	(1) organization, existence, or validity;
292	292	(2) right to issue any type of bond for the purposes
293	293	for which the district is created or to pay the principal of and
294	294	interest on a bond;
295	295	(3) right to impose a tax; or
296	296	(4) legality or operation.
297	297	[Sections 8356.007-8356.050 reserved for expansion]
298	298	SUBCHAPTER B. BOARD OF DIRECTORS
299	299	Sec. 8356.051. GOVERNING BODY; TERMS. (a) The district is
300	300	governed by a board of five elected directors.
301	301	(b) Except as provided by Section 8356.052, directors serve
302	302	staggered four-year terms.
303	303	Sec. 8356.052. TEMPORARY DIRECTORS. (a) The temporary
304	304	board consists of:
305	305	(1) Wade Bradow;
306	306	(2) Joel Littlefield;
307	307	(3) Bryan Neal;
308	308	(4) James Coody; and
309	309	(5) Simon Sequeira.
310	310	(b) If a temporary director fails to qualify for office, the
311	311	temporary directors who have qualified shall appoint a person to
312	312	fill the vacancy.
313	313	(c) Temporary directors serve until the earlier of:
314	314	(1) the date permanent directors are elected under
315	315	Section 8356.003; or
316	316	(2) September 1, 2013.
317	317	(d) If permanent directors have not been elected under
318	318	Section 8356.003 and the terms of the temporary directors have
319	319	expired, successor temporary directors shall be appointed or
320	320	reappointed as provided by Subsection (e) to serve terms that
321	321	expire on the earlier of:
322	322	(1) the date permanent directors are elected under
323	323	Section 8356.003; or
324	324	(2) the fourth anniversary of the date of the
325	325	appointment or reappointment.
326	326	(e) If Subsection (d) applies, the owner or owners of a
327	327	majority of the assessed value of the real property in the district
328	328	may submit a petition to the Texas Commission on Environmental
329	329	Quality requesting that the commission appoint as successor
330	330	temporary directors the five persons named in the petition. The
331	331	commission shall appoint as successor temporary directors the five
332	332	persons named in the petition.
333	333	[Sections 8356.053-8356.100 reserved for expansion]
334	334	SUBCHAPTER C. POWERS AND DUTIES
335	335	Sec. 8356.101. GENERAL POWERS AND DUTIES. The district has
336	336	the powers and duties necessary to accomplish the purposes for
337	337	which the district is created.
338	338	Sec. 8356.102. MUNICIPAL UTILITY DISTRICT POWERS AND
339	339	DUTIES. The district has the powers and duties provided by the
340	340	general law of this state, including Chapters 49 and 54, Water Code,
341	341	applicable to municipal utility districts created under Section 59,
342	342	Article XVI, Texas Constitution.
343	343	Sec. 8356.103. AUTHORITY FOR ROAD PROJECTS. Under Section
344	344	52, Article III, Texas Constitution, the district may design,
345	345	acquire, construct, finance, issue bonds for, improve, operate,
346	346	maintain, and convey to this state, a county, or a municipality for
347	347	operation and maintenance macadamized, graveled, or paved roads, or
348	348	improvements, including storm drainage, in aid of those roads.
349	349	Sec. 8356.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
350	350	project must meet all applicable construction standards,
351	351	subdivision requirements, and regulations of each municipality in
352	352	whose corporate limits or extraterritorial jurisdiction the road
353	353	project is located.
354	354	(b) If a road project is not located in the corporate limits
355	355	or extraterritorial jurisdiction of a municipality, the road
356	356	project must meet all applicable construction standards,
357	357	subdivision requirements, and regulations of each county in which
358	358	the road project is located.
359	359	(c) If the state will maintain and operate the road, the
360	360	Texas Transportation Commission must approve the plans and
361	361	specifications of the road project.
362	362	Sec. 8356.105. DIVISION OF DISTRICT. (a) The district may
363	363	be divided into two or more new districts only if the district:
364	364	(1) has no outstanding bonded debt; and
365	365	(2) is not imposing ad valorem taxes.
366	366	(b) This chapter applies to any new district created by the
367	367	division of the district, and a new district has all the powers and
368	368	duties of the district.
369	369	(c) Any new district created by the division of the district
370	370	may not, at the time the new district is created:
371	371	(1) contain any land outside the area described by
372	372	Section 2(b) of the Act creating this chapter; or
373	373	(2) contain less than 200 or more than 600 acres of
374	374	land without the prior consent of any municipality in whose
375	375	extraterritorial jurisdiction the district is located.
376	376	(d) The board, on its own motion or on receipt of a petition
377	377	signed by the owner or owners of a majority of the assessed value of
378	378	the real property in the district, may adopt an order dividing the
379	379	district.
380	380	(e) The board may adopt an order dividing the district
381	381	before or after the date the board holds an election under Section
382	382	8356.003 to confirm the district's creation.
383	383	(f) An order dividing the district shall:
384	384	(1) name each new district;
385	385	(2) include the metes and bounds description of the
386	386	territory of each new district;
387	387	(3) appoint temporary directors for each new district;
388	388	and
389	389	(4) provide for the division of assets and liabilities
390	390	between or among the new districts.
391	391	(g) On or before the 30th day after the date of adoption of
392	392	an order dividing the district, the district shall file the order
393	393	with the Texas Commission on Environmental Quality and record the
394	394	order in the real property records of each county in which the
395	395	district is located.
396	396	(h) Any new district created by the division of the district
397	397	shall hold a confirmation and directors' election as required by
398	398	Section 8356.003. A new district that is not confirmed is subject
399	399	to dissolution under general law.
400	400	(i) Except as provided by Subsection (c), municipal consent
401	401	to the creation of the district and to the inclusion of land in the
402	402	district granted under Section 8356.004 acts as municipal consent
403	403	to the creation of any new district created by the division of the
404	404	district and to the inclusion of land in the new district.
405	405	(j) Any new district created by the division of the district
406	406	must hold an election as required by this chapter to obtain voter
407	407	approval before the district may impose a maintenance tax or issue
408	408	bonds payable wholly or partly from ad valorem taxes.
409	409	Sec. 8356.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
410	410	OR RESOLUTION. The district shall comply with all applicable
411	411	requirements of any ordinance or resolution that is adopted under
412	412	Section 54.016 or 54.0165, Water Code, and that consents to the
413	413	creation of the district or to the inclusion of land in the
414	414	district.
415	415	Sec. 8356.107. EFFECT OF ANNEXATION. (a) A municipality
416	416	within whose extraterritorial jurisdiction the land in the district
417	417	lies may annex all of the district into its corporate limits under
418	418	the terms of an agreement entered into before the effective date of
419	419	the Act creating this chapter between the municipality and the
420	420	owners of the land being annexed, and, in that instance, the
421	421	district may not be dissolved, except as provided by Subsection
422	422	(b).
423	423	(b) The district may be dissolved and its debts and
424	424	obligations assumed by the municipality in accordance with Chapter
425	425	43, Local Government Code, including Sections 43.075 and 43.0715,
426	426	on:
427	427	(1) annexation of all of the territory of the district
428	428	by the municipality; and
429	429	(2) completion of the construction of the water,
430	430	sanitary sewer, and drainage improvements and roads required to
431	431	serve at least 95 percent of the land in the district.
432	432	(c) Notwithstanding Section 54.016(f)(2), Water Code, a
433	433	contract between the municipality and the district that provides
434	434	for the allocation of the taxes or revenues between the district and
435	435	the municipality following the date of inclusion of all the
436	436	district's territory in the corporate limits of the municipality
437	437	may provide that the total annual ad valorem taxes collected by the
438	438	municipality and the district from taxable property in the district
439	439	may exceed the municipality's ad valorem tax on the property.
440	440	Sec. 8356.108. LIMITATION ON USE OF EMINENT DOMAIN. The
441	441	district may not exercise the power of eminent domain outside the
442	442	district to acquire a site or easement for:
443	443	(1) a road project authorized by Section 8356.103; or
444	444	(2) a recreational facility as defined by Section
445	445	49.462, Water Code.
446	446	[Sections 8356.109-8356.150 reserved for expansion]
447	447	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
448	448	Sec. 8356.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
449	449	district may issue, without an election, bonds and other
450	450	obligations secured by:
451	451	(1) revenue other than ad valorem taxes; or
452	452	(2) contract payments described by Section 8356.153.
453	453	(b) The district must hold an election in the manner
454	454	provided by Chapters 49 and 54, Water Code, to obtain voter approval
455	455	before the district may impose an ad valorem tax or issue bonds
456	456	payable from ad valorem taxes.
457	457	(c) The district may not issue bonds payable from ad valorem
458	458	taxes to finance a road project unless the issuance is approved by a
459	459	vote of a two-thirds majority of the district voters voting at an
460	460	election held for that purpose.
461	461	Sec. 8356.152. OPERATION AND MAINTENANCE TAX. (a) If
462	462	authorized at an election held under Section 8356.151, the district
463	463	may impose an operation and maintenance tax on taxable property in
464	464	the district in accordance with Section 49.107, Water Code.
465	465	(b) The board shall determine the tax rate. The rate may not
466	466	exceed the rate approved at the election.
467	467	Sec. 8356.153. CONTRACT TAXES. (a) In accordance with
468	468	Section 49.108, Water Code, the district may impose a tax other than
469	469	an operation and maintenance tax and use the revenue derived from
470	470	the tax to make payments under a contract after the provisions of
471	471	the contract have been approved by a majority of the district voters
472	472	voting at an election held for that purpose.
473	473	(b) A contract approved by the district voters may contain a
474	474	provision stating that the contract may be modified or amended by
475	475	the board without further voter approval.
476	476	[Sections 8356.154-8356.200 reserved for expansion]
477	477	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
478	478	Sec. 8356.201. AUTHORITY TO ISSUE BONDS AND OTHER
479	479	OBLIGATIONS. The district may issue bonds or other obligations
480	480	payable wholly or partly from ad valorem taxes, impact fees,
481	481	revenue, including revenue received by the district under Chapter
482	482	311, Tax Code, and Chapter 380, Local Government Code, assessments,
483	483	grants, or other district money, or any combination of those
484	484	sources, to pay for any authorized district purpose.
485	485	Sec. 8356.202. TAXES FOR BONDS. At the time the district
486	486	issues bonds payable wholly or partly from ad valorem taxes, the
487	487	board shall provide for the annual imposition of a continuing
488	488	direct ad valorem tax, without limit as to rate or amount, while all
489	489	or part of the bonds are outstanding as required and in the manner
490	490	provided by Sections 54.601 and 54.602, Water Code.
491	491	Sec. 8356.203. BONDS FOR ROAD PROJECTS. At the time of
492	492	issuance, the total principal amount of bonds or other obligations
493	493	issued or incurred to finance road projects and payable from ad
494	494	valorem taxes may not exceed one-fourth of the assessed value of the
495	495	real property in the district.
496	496	SECTION 2. (a) The Montgomery County Municipal Utility
497	497	District No. 128 initially includes all the territory contained in
498	498	the following area:
499	499	TRACT NO. 1
500	500	FIELD NOTES FOR A 66.8118 ACRE TRACT OF LAND IN THE JAMES BUCHANAN
501	501	SURVEY, ABSTRACT 100, AND THE ELIJAH COLLARD SURVEY, ABSTRACT 7,
502	502	MONTGOMERY COUNTY, TEXAS, BEING A PART AND OUT OF THAT SAME TRACT
503	503	DESCRIBED AS 71.6505 ACRES IN DEED FROM 830 PARK, LTD. TO RANDAL A.
504	504	HENDRICKS, TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE
505	505	NUMBER 8208404 IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY
506	506	AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
507	507	FOLLOWS:
508	508	BEGINNING at the called Southwest corner of the aforementioned
509	509	James Buchanan Survey, same being the Southwest corner of a certain
510	510	called 112.658 acre tract described in deed from C. A. Johnson to
511	511	Floyd L. McNutt, Trustee, being of record in Volume 664, at Page 537
512	512	of the Deed Records of Montgomery County, Texas, and the most
513	513	southerly Southwest corner of the herein described tract;
514	514	THENCE North 12 degrees, 52 minutes, 27 seconds East a distance of
515	515	717.81 feet to a point for corner;
516	516	THENCE North 75 degrees, 23 minutes, 12 seconds West a distance of
517	517	137.03 feet to a point for corner in the East right-of-way line of
518	518	Old Egypt Road (80' R-O-W);
519	519	THENCE in a northerly direction along said East right-of-way line,
520	520	North 19 degrees, 10 minutes, 23 seconds East, 296.88 feet to a
521	521	point for corner;
522	522	THENCE North 21 degrees, 09 minutes, 33 seconds East, continuing
523	523	along said East right-of-way line, 196.92 feet to a point in said
524	524	line being the most southerly Northwest corner of a called 4.8800
525	525	acre tract being designated for use as a City of Conroe water
526	526	plant/fire station;
527	527	THENCE South 65 degrees, 50 minutes, 54 seconds East, along the
528	528	boundary of said called 4.8800 acre City of Conroe tract, a distance
529	529	of 243.66 feet to a point for corner;
530	530	THENCE South 02 degrees, 51 minutes, 09 seconds West, along the most
531	531	southerly West line of said called 4.8800 acre tract, a distance of
532	532	460.99 feet to a point for the most southerly Southwest corner of
533	533	said tract;
534	534	THENCE South 87 degrees, 08 minutes, 51 seconds East, along the
535	535	South line of said called 4.8800 acre tract, a distance of 275.00
536	536	feet to a point for the Southeast corner of said tract;
537	537	THENCE North 02 degrees, 51 minutes, 09 seconds East, along the East
538	538	line of said called 4.8800 acre tract, a distance of 568.44 feet to
539	539	a point for the Northeast corner of said tract;
540	540	THENCE North 65 degrees, 50 minutes, 54 seconds West, along the
541	541	Northeast line of said called 4.8800 acre tract, a distance of
542	542	461.81 feet to a point in the aforementioned
543	543	East right-of-way line of Old Egypt Road, same being the most
544	544	northerly Northwest corner of said tract;
545	545	THENCE North 26 degrees, 41 minutes, 03 seconds East, along said
546	546	East right-of-way line, a distance of 261.40 feet to a an angle
547	547	point;
548	548	THENCE North 34 degrees, 34 minute, 34 seconds East, continuing
549	549	along said East right-of-way line, 321.85 feet to a point for corner
550	550	in the South right-of-way line of F. M. Highway No. 830 (120'
551	551	R-O-W);
552	552	THENCE South 82 degrees, 34 minutes, 28 seconds East, along said
553	553	South right-of-way line, a distance of 86.72 feet to a point in said
554	554	line being the point of intersection of said right-of-way line with
555	555	a non-tangent curve to the right;
556	556	THENCE, continuing along said South right-of-way line, in a
557	557	southeasterly direction around said curve to the right having a
558	558	radius of 5,301.86 feet, a central angle of 04 degrees, 26 minutes,
559	559	06 seconds, and a chord bearing South 49 degrees, 07 minutes, 58
560	560	seconds East 410.30 feet, for a distance of 410.40 feet to the point
561	561	of tangency of said curve;
562	562	THENCE, continuing along said South right-of-way line, South 46
563	563	degrees, 23 minutes, 05 seconds East for a distance of 477.83 feet
564	564	to a point in said line being the point of curvature of a curve to
565	565	the left;
566	566	THENCE, continuing along said South right-of-way line, in a
567	567	southeasterly direction around said curve to the left having a
568	568	radius of 3,795.04 feet, a central angle of 16 degrees, 27 minutes,
569	569	08 seconds, and a chord bearing South 54 degrees, 53 minutes, 20
570	570	seconds East 1,085.98 feet, for a distance of 1,089.72 feet to a
571	571	point in said line being the Northwest corner of a certain adjacent
572	572	called 80.883 acre tract described in deed from Barclay-Anderson &
573	573	Company, Inc. to Randal Arlan Hendricks, Trustee being of record
574	574	under County Clerk's File Number 8258092 in the Real Property
575	575	Records of Montgomery County, Texas for the Northeast corner of the
576	576	herein described 66.8118 acre tract;
577	577	THENCE South 10 degrees, 39 minutes, 40 seconds West, along the West
578	578	line of said called 80.883 acre tract and being the East line of the
579	579	tract herein described, a distance of 1,064.64 feet to a point in
580	580	the South line of the aforementioned James Buchanan Survey being
581	581	the Southwest corner of said called 80.883 acre tract for the
582	582	Southeast corner of the herein described 66.8118 acre tract;
583	583	THENCE North 78 degrees, 44 minutes, 21 seconds West, along said
584	584	South line of the Buchanan Survey, same being the South line of the
585	585	aforementioned called 71.6503 acre tract and the South line of the
586	586	tract herein described, a distance of 2,050.01 feet to the PLACE OF
587	587	BEGINNING and containing 66.8118 acres of land, more or less.
588	588	TRACT NO. 2
589	589	FIELD NOTES FOR A 34.161 ACRE TRACT OF LAND BEING A CALLED 34.3175
590	590	ACRE TRACT OUT OF THE JAMES BUCHANAN SURVEY, ABSTRACT 100,
591	591	MONTGOMERY COUNTY, TEXAS, DESCRIBED IN DEED FROM 830 PARK, LTD., TO
592	592	RANDAL A. HENDRICKS, TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S
593	593	FILE NUMBER 8208404 IN THE REAL PROPERTY RECORDS OF MONTGOMERY
594	594	COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
595	595	BOUNDS AS FOLLOWS:
596	596	BEGINNING at the Northeast corner of said 34.3175 acre tract, said
597	597	point being an interior corner of a certain called 191.659 acre
598	598	tract described in deed from Barclay-Anderson & Company, Inc., to
599	599	Randal Arlan Hendricks, Trustee, being of record under Clerk's File
600	600	Number 8258092 of the Real Property Records of Montgomery County,
601	601	Texas, for the Northeast corner of the herein described tract;
602	602	THENCE South 13 degrees, 58 minutes, 47 seconds West, along a
603	603	Westerly line of said called 191.659 acre tract and the Easterly
604	604	line of said called 34.3175 acre tract, a distance of 1,374.54 feet
605	605	to a point on a curve in Northeasterly right-of-way line of F.M.
606	606	Highway No. 830, based on 120-foot width for the most Southerly
607	607	Southwest corner of said called 191.659 acre tract and the
608	608	Southeast corner of said called 34.3175 acre tract and the herein
609	609	described tract;
610	610	THENCE in a Northwesterly direction along the Northeasterly
611	611	right-of-way line of said F.M. Highway No. 830 and the
612	612	Southwesterly line of said called 34.3175 acre tract, around a
613	613	curve to the right having a radius of 3,697.10 feet and a central
614	614	angle of 15 degrees, 49 minutes, 52 seconds, for a distance of
615	615	1,021.53 feet to a point for the end of said curve;
616	616	THENCE North 43 degrees, 19 minutes, 20 seconds West, continuing
617	617	along the Northeasterly right-of-way line of said F.M. Highway No.
618	618	830 and the Southwesterly line of said called 34.3175 acre tract, a
619	619	distance of 365.54 feet to an angle point;
620	620	THENCE North 37 degrees, 47 minutes, 14 seconds West, continuing
621	621	along Northeasterly right-of-way line of said F.M. Highway No. 830
622	622	and the Southwesterly line of said called 34.3175 acre tract, a
623	623	distance of 100.68 feet to an angle point;
624	624	THENCE North 43 degrees, 22 minutes, 43 seconds West, continuing
625	625	along the Northeasterly right-of-way line of said F.M. Highway No.
626	626	830 and the Southwesterly line of said called 34.3175 acre tract, a
627	627	distance of 12.27 feet to the beginning of a curve to the left;
628	628	THENCE in a Northwesterly direction continuing along the
629	629	Northeasterly right-of-way line of said F.M. Highway No. 830 and
630	630	the Southwesterly line of said called 34.3175 acre tract, around
631	631	said curve to the left having a radius of 3,639.97 feet and a
632	632	central angle of 02 degrees, 59 minutes, 04 seconds, for a distance
633	633	of 189.60 feet to a point for the end of said curve;
634	634	THENCE North 51 degrees, 09 minutes, 49 seconds West, continuing
635	635	along the Northeasterly right-of-way line of said F.M. Highway No.
636	636	830 and the Southwesterly line of said called 34.3175 acre tract, a
637	637	distance of 102.46 feet to a point for the beginning of a curve to
638	638	the left;
639	639	THENCE in a Northwesterly direction continuing along the
640	640	Northeasterly right-of-way line of said F.M. Highway No. 830 and
641	641	the Southwesterly line of said called 34.3175 acre tract, around a
642	642	curve to the left having a radius of 5,789.65 feet and a central
643	643	angle of 00 degrees, 44 minutes, 52 seconds, for a distance of 75.56
644	644	feet to a point for the end of said curve, being the Southwest
645	645	corner of said called 34.3175 acre tract and the herein described
646	646	tract;
647	647	THENCE North 07 degrees, 11 minutes, 00 seconds East, along the
648	648	Westerly line of said called 34.3175 acre tract, a distance of 57.31
649	649	feet to a point in the Southeasterly right-of-way line of
650	650	Willis-Montgomery Road, based on 60-foot width, for an angle point
651	651	in the Westerly line of said called 34.3175 acre tract and the
652	652	herein described tract;
653	653	THENCE North 61 degrees, 27 minutes, 00 seconds East, along the
654	654	Southeasterly right-of-way line of said Willis-Montgomery Road and
655	655	the Northwesterly line of said called 34.3175 acre tract, a
656	656	distance of 335.54 feet to an angle point, said point being the
657	657	Southwest corner of the aforesaid called 191.659 acre tract;
658	658	THENCE North 75 degrees, 09 minutes, 59 seconds East, along the
659	659	Northwesterly line of said called 34.3175 acre tract and a
660	660	Southeasterly line of said called 191.659 acre tact, a distance of
661	661	478.37 feet to a point for an angle point in the Southeasterly line
662	662	of said called 191.659 acre tract and the Northwest corner of said
663	663	called 34.3175 acre tract and the herein described tract;
664	664	THENCE South 75 degrees, 18 minutes, 12 seconds East, continuing
665	665	along the Northerly line of said called 34.3175 acre tract and a
666	666	Southerly line of said called 191.659 acre tract, a distance of
667	667	982.35 feet to the PLACE OF BEGINNING and containing 34.161 acres of
668	668	land, more or less.
669	669	TRACT NO. 3
670	670	FIELD NOTES FOR A 207.700 NET ACRE TRACT OF LAND IN THE JAMES
671	671	BUCHANAN SURVEY, ABSTRACT 100, MONTGOMERY COUNTY, TEXAS, BEING THAT
672	672	SAME TRACT DESCRIBED AS 211.346 ACRES IN DEED FROM BARCLAY-ANDERSON &
673	673	COMPANY, INC., TO RANDAL ARLAN HENDRICKS, TRUSTEE, BEING OF
674	674	RECORD UNDER COUNTY CLERK'S FILE NUMBER 8258092 IN THE REAL
675	675	PROPERTY RECORDS OF MONTGOMERY COUNTY SAVE AND EXCEPT A 40-FOOT
676	676	WIDE STRIP LYING WITHIN THE RIGHT-OF-WAY LINE OF LOWER
677	677	WILLIS-MONTGOMERY ROAD AND BEING MORE PARTICULARLY DESCRIBED BY
678	678	METES AND BOUNDS AS FOLLOWS:
679	679	BEGINNING at the called Northwest corner of the James Buchanan
680	680	Survey, same being the called Southwest corner of the Uriah
681	681	Springer Survey, Abstract 532;
682	682	THENCE South 15 degrees, 30 minutes, 10 seconds West, along the most
683	683	northerly West line of said James Buchanan Survey, a distance of
684	684	998.54 feet to an angle point in said line;
685	685	THENCE South 15 degrees, 52 minutes, 15 seconds West, continuing
686	686	along the most northerly West line of the Buchanan Survey, a
687	687	distance of 267.91 feet to an angle point in said line;
688	688	THENCE South 15 degrees, 01 minute, 49 seconds West, continuing
689	689	along said line, a distance of 1,961.79 feet to a point for corner
690	690	in the North line of the Elijah Collard Survey, Abstract 7, same
691	691	being the most westerly South line of the aforementioned James
692	692	Buchanan Survey, for the most westerly corner of the herein
693	693	described 207.700 acre tract;
694	694	THENCE South 76 degrees 10 minutes, 29 seconds East, along the
695	695	common line of said James Buchanan and Elijah Collard surveys, a
696	696	distance of 1,269.66 feet to the Northeast corner of said Elijah
697	697	Collard Survey;
698	698	THENCE South 15 degrees, 11 minutes, 21 seconds West, along the East
699	699	line of the Elijah Collard Survey, a distance of 438.15 feet to a
700	700	point for corner in the northerly right-of-way line of F. M. Highway
701	701	No. 830 (120' R-O-W);
702	702	THENCE South 50 degrees, 39 minutes, 31 seconds East, along said
703	703	northerly right-of-way line, a distance of 205.79 feet to the point
704	704	of intersection of said line with the westerly right-of-way line of
705	705	lower Willis-Montgomery Road (80' R-O-W);
706	706	THENCE North 74 degrees, 00 minutes, 45 seconds East, along the
707	707	westerly right-of-way line of lower Willis-Montgomery Road, a
708	708	distance of 357.17' to a point for corner;
709	709	THENCE North 41 degrees, 37 minutes, 13 seconds East, continuing
710	710	along said westerly line of lower Willis-Montgomery Road, a
711	711	distance of 3,991.73 feet to the point of intersection of said line
712	712	with the North line of the James Buchanan Survey for the Northeast
713	713	corner of the herein described 207.700 acre tract;
714	714	THENCE North 75 degrees, 11 minutes, 31 seconds West, along the
715	715	North line of said James Buchanan Survey, a distance of 1,408.08
716	716	feet to an angle point in said line;
717	717	THENCE North 77 degrees, 49 minutes, 44 seconds West, continuing
718	718	along said survey line, a distance of 541.97 feet to an angle point
719	719	in said line being the Southeast corner of a certain adjacent called
720	720	50.0 acre tract described in deed recorded in Volume 724, at Page
721	721	590 of the Deed Records of Montgomery County;
722	722	THENCE North 74 degrees, 51 minutes, 09 seconds West, continuing
723	723	along said North line of the James Buchanan Survey, and being the
724	724	South line of the aforementioned 50.0 acre tract, a distance of
725	725	1,587.00 feet to the PLACE OF BEGINNING and containing a net area of
726	726	207.700 acres of land, more or less.
727	727	TRACT NO. 4
728	728	FIELD NOTES FOR A 53.3594 ACRE TRACT OF LAND COMPRISED OF A PORTION
729	729	OF A CALLED 52.94 ACRE TRACT OUT OF THE URIAH SPRINGER SURVEY,
730	730	ABSTRACT 532, AND A CALLED 2.356 ACRE TRACT OUT OF THE F. K.
731	731	HENDERSON SURVEY, ABSTRACT 248, MONTGOMERY COUNTY, TEXAS, BOTH OF
732	732	SAID TRACTS BEING DESCRIBED IN DEED FROM ARNOLD H. MIERS TO RANDAL
733	733	A. HENDRICKS, TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE
734	734	NUMBER 8523408 IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY,
735	735	TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
736	736	FOLLOWS:
737	737	BEGINNING at the Southwest corner of the Margaret Ella Watson
738	738	Subdivision, according to a map or plat of said subdivision being of
739	739	record in Volume 5, at Page 10, of the Map Records of Montgomery
740	740	County, Texas, same being the Southeast corner of the
741	741	aforementioned called 52.94 acre tract, for the most southerly
742	742	Southeast corner of the herein described tract;
743	743	THENCE North 15 degrees, 30 minutes, 05 seconds East, along the West
744	744	line of said Margaret Ella Watson Subdivision, same being the East
745	745	line of the aforementioned called 52.94 acre tract, a distance of
746	746	561.91 feet to a point in said line being the Southwest corner of
747	747	Lot No. 2 of said subdivision;
748	748	THENCE South 47 degrees, 57 minutes, 14 seconds East, along the
749	749	common line of Lot No. 1 and Lot No. 2 of said subdivision, a
750	750	distance of 348.57 feet to a point in the westerly right-of-way line
751	751	of Lower Willis-Montgomery Road being the most southerly corner of
752	752	said Lot No. 2;
753	753	THENCE North 42 degrees, 08 minutes, 34 seconds East, along said
754	754	westerly right-of-way line, a distance of 250.03 feet to the most
755	755	easterly corner of said Lot No. 2;
756	756	THENCE North 48 degrees, 03 minutes, 02 seconds West, along the
757	757	common line of Lot No. 2 and Lot No. 3 of said Margaret Ella Watson
758	758	Subdivision, a distance of 473.50 feet to a point in the East line
759	759	of the aforementioned called 54.94 acre tract being the most
760	760	northerly corner of said Lot No. 2;
761	761	THENCE North 15 degrees, 30 minutes, 05 seconds East, along the East
762	762	line of said called 52.94 acre tract, same being the West line of
763	763	the Margaret Ella Watson Subdivision, a distance of 803.15 feet to
764	764	the point of intersection of said line with a non-tangent curve to
765	765	the right;
766	766	THENCE, departing from said East line, along said curve to the right
767	767	having a radius of 2,640.00 feet, a central angle of 20 degrees, 27
768	768	minutes, 54 seconds, and a chord bearing North 67 degrees, 01
769	769	minute, 49 seconds West 937.95 feet, a distance of 942.96 feet to
770	770	the point of intersection of said curve with the North line of the
771	771	aforementioned called 52.94 acre tract;
772	772	THENCE North 74 degrees, 41 minutes, 20 seconds West, along the
773	773	North line of said called 52.94 acre tract, a distance of 373.90
774	774	feet to the Northwest corner of said called 52.94 acre tract, said
775	775	point lying in the East line of a certain adjacent called 139.788
776	776	acre tract described in deed from Barclay-Anderson & Company, Inc.
777	777	to Randal A. Hendricks, Trustee being of record under County
778	778	Clerk's File Number 8258092 in the Real Property Records of
779	779	Montgomery County;
780	780	THENCE South 15 degrees, 29 minutes, 55 seconds West, along the West
781	781	line of said called 52.94 acre tract, same being the East line of
782	782	said called 139.788 acre tract, a distance of 1,768.75 feet to a
783	783	point in the South line of the aforementioned Uriah Springer Survey
784	784	being the Southeast corner of said called 139.788 acre tract , being
785	785	the Southwest corner of said called 52.94 acre tract and the
786	786	Southwest corner of the tract herein described;
787	787	THENCE South 74 degrees, 41 minutes, 34 seconds East, along said
788	788	South line of the Uriah Springer Survey, same being the South line
789	789	of said called 52.94 acre tract and the North line of a certain
790	790	adjacent called 211.346 acre tract described in deed from
791	791	Barclay-Anderson & Company, Inc. to Randal Arlan Hendricks, Trustee
792	792	being of record under County Clerk's File Number 8258092 in the Real
793	793	Property Records of Montgomery County, a distance of 1,303.82 feet
794	794	to the PLACE OF BEGINNING and containing 53.3594 acres of land, more
795	795	or less.
796	796	TRACT NO. 5
797	797	FIELD NOTES FOR A 84.9540 ACRE TRACT OF LAND IN THE URIAH SPRINGER
798	798	SURVEY, ABSTRACT 532, MONTGOMERY COUNTY, TEXAS, BEING A PART AND
799	799	OUT OF THAT CERTAIN CALLED 139.788 ACRE TRACT DESCRIBED IN DEED FROM
800	800	BARCLAY-ANDERSON & COMPANY, INC. TO RANDAL ARLAN HENDRICKS,
801	801	TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE NUMBER 8258092
802	802	IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY, SAID 84.9540
803	803	ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
804	804	FOLLOWS:
805	805	BEGINNING at a point in the South line of the Uriah Springer Survey,
806	806	being the Southeast corner of a certain adjacent 50 acre Moran
807	807	Corporation tract being of record in Volume 724, at Page 590 of the
808	808	Deed Records of Montgomery County, Texas, same being the westerly
809	809	Southeast corner of the aforementioned called 139.788 acre tract
810	810	and being in the North line of a certain adjacent called 211.346
811	811	acre tract described in the aforementioned deed from
812	812	Barclay-Anderson & Company, Inc., to Randal Arlan Hendricks,
813	813	Trustee;
814	814	THENCE South 77 degrees, 49 minutes, 44 seconds East, along the
815	815	common line of said 139.788 acre and 211.346 acre tracts, a distance
816	816	of 541.97 feet to the Southwest corner of a certain adjacent called
817	817	52.94 acre tract described in deed from Arnold H. Meiers to Randal
818	818	A. Hendricks, Trustee, being of record under County Clerk's File
819	819	Number 8523408 in the Real Property Records of Montgomery County,
820	820	said point being the most easterly Southeast corner of the
821	821	aforementioned called 139.788 acre tract and the herein described
822	822	84.9540 acre tract;
823	823	THENCE North 14 degrees, 59 minutes, 23 seconds East, along the
824	824	common line of said called 52.94 acre and 139.788 acre tracts and
825	825	being the East line of the tract herein described, a distance of
826	826	1,769.74 feet to the Northwest corner of said 52.94 acre tract;
827	827	THENCE North 15 degrees, 01 minute, 37 seconds East, continuing
828	828	along the East line of said called 139.788 acre tract, a distance of
829	829	88.11 feet to a point in said line being the Southeast corner of the
830	830	aforementioned called 18.33 acre tract;
831	831	THENCE North 75 degrees, 19 minutes, 10 seconds West, along the
832	832	South line of said 18.33 acre tract, a distance of 442.02 feet to
833	833	the Southwest corner of said tract;
834	834	THENCE North 14 degrees, 30 minutes, 23 seconds East, along the West
835	835	line of said 18.33 acre tract; a distance of 354.20 feet to the
836	836	point of intersection of said line with a non-tangent curve to the
837	837	right;
838	838	THENCE in a northwesterly direction along said curve to the right
839	839	having a radius of 2,640.00 feet, a central angle of 09 degrees, 35
840	840	minutes, 16 seconds and a chord bearing North 31 degrees, 42
841	841	minutes, 27 seconds West 441.26 feet, a distance of 441.78 feet to
842	842	the Point of Tangency of said curve;
843	843	THENCE North 26 degrees, 54 minutes, 48 seconds West a distance of
844	844	632.96 feet to the Point of Curvature of a curve to the right;
845	845	THENCE in a northwesterly direction along said curve to the right
846	846	having a radius of 2,640.00 feet, a central angle of 23 degrees, 23
847	847	minutes, 23 seconds and a chord bearing North 15 degrees, 28
848	848	minutes, 37 seconds West 1,070.26 feet, a distance of 1,077.73 feet
849	849	to the point of intersection of said curve with the southerly
850	850	right-of-way line of F. M. Highway No. 1097;
851	851	THENCE North 75 degrees, 19 minutes, 46 seconds West, along the
852	852	southerly right-of-way line of F. M. Highway No. 1097, same being
853	853	the North line of the aforementioned called 139.788 acre tract and
854	854	the North line of the herein described 84.9540 acre tract, a
855	855	distance of 350.08 feet to the Northwest corner of said called
856	856	139.788 acre tract, same being the point of intersection of said
857	857	southerly right-of-way line with the easterly right-of-way line of
858	858	Thompson Road;
859	859	THENCE South 15 degrees, 17 minutes 24 seconds West, along said
860	860	easterly right-of-way line of Thompson Road and being the West line
861	861	of the aforementioned called 139.788 acre tract, a distance of
862	862	2,147.02 feet to a point in said line being the Northwest corner of
863	863	a certain adjacent called 4.377 acre tract described in deed from
864	864	Randal Arlan Hendricks, Trustee, to GTE Mobilnet of South Texas
865	865	Limited Partnership being of record under County Clerk's File
866	866	Number 9653436 in the Real Property Records of Montgomery County;
867	867	THENCE South 74 degrees, 51 minutes, 09 seconds West, along the
868	868	North line of said called 4.377 acre tract, a distance of 465.00
869	869	feet to the Northeast corner of said tract;
870	870	THENCE South 15 degrees, 17 minutes, 24 seconds East, along the East
871	871	line of said tract, a distance of 410.00 feet to the Southeast
872	872	corner of said tract, said point lying in the North line of the
873	873	aforementioned called 50 acre Moran Corporation tract;
874	874	THENCE South 74 degrees, 51 minutes, 09 seconds East, along said
875	875	North line, a distance of 1,092.46 feet to the Northeast corner of
876	876	said called 50 acre tract;
877	877	THENCE South 15 degrees, 09 minutes, 00 seconds West, along the East
878	878	line of said 50 acre tract, a distance of 1,369.30 feet to the PLACE
879	879	OF BEGINNING, and containing 84.9540 acres of land, more or less.
880	880	TRACT NO. 6
881	881	FIELD NOTES FOR A CALLED 105.3609 ACRE TRACT OF LAND IN THE F. K.
882	882	HENDERSON SURVEY, ABSTRACT 248, MONTGOMERY COUNTY, TEXAS, BEING A
883	883	PART AND OUT OF A CERTAIN CALLED 349.99 ACRE TRACT DESCRIBED IN DEED
884	884	FROM RANDAL A. HENDRICKS, TRUSTEE, TO RANDAL ARLAN HENDRICKS,
885	885	TRUSTEE DATED DECEMBER 17, 1974 AND BEING OF RECORD IN VOLUME 878,
886	886	AT PAGE 240, OF THE DEED RECORDS OF MONTGOMERY COUNTY, TEXAS, SAID
887	887	CALLED 105.3609 ACRE TRACT BEING DESCRIBED MORE PARTICULARLY BY
888	888	METES AND BOUNDS AS FOLLOWS:
889	889	COMMENCING at a point in the westerly right-of-way line of
890	890	Interstate Highway No. 45, said point being the Northeast corner of
891	891	the aforementioned called 349.99 acre tract and the Northeast
892	892	corner of a certain adjacent called 28.534 acre tract described in
893	893	deed from Randal Arlan Hendricks, Trustee, to First Baptist Church
894	894	of Willis being of record under County Clerk's File Number 9622769
895	895	in the Real Property Records of Montgomery County;
896	896	THENCE South 14 degrees, 28 minutes, 41 seconds East, along the
897	897	westerly right-of-way line of Interstate Highway No. 45, same being
898	898	the common easterly line of said called 349.99 acre and 28.534 acre
899	899	tracts, a distance of 1,053.82 feet to a point in said line being
900	900	the Southeast corner of said called 28.534 acre tract;
901	901	THENCE, continuing South 14 degrees, 28 minutes, 41 seconds East,
902	902	along the westerly right-of-way line of Interstate Highway No. 45,
903	903	same being the easterly line of said called 349.99 acre tract, a
904	904	distance of 214.44 feet to an angle point in said line;
905	905	THENCE, continuing along the westerly right-of-way line of
906	906	Interstate Highway No. 45, same being the easterly line of said
907	907	called 349.99 acre tract, with the following courses and distances:
908	908	South 15 degrees, 05 minutes, 21 seconds East, 701.77 feet to an
909	909	angle point;
910	910	South 15 degrees, 17 minutes, 05 seconds East, 500.43 feet to an
911	911	angle point;
912	912	South 12 degrees, 03 minutes, 45 seconds East, 600.07 feet to an
913	913	angle point;
914	914	THENCE, continuing along the westerly right-of-way line of
915	915	Interstate Highway No. 45, same being the easterly line of said
916	916	called 349.99 acre tract, South 16 degrees, 28 minutes, 29 seconds
917	917	East, 624.32 feet to a point in said line for the Northeast corner
918	918	and PLACE OF BEGINNING of the herein described called 105.3609 acre
919	919	tract;
920	920	THENCE, continuing South 16 degrees, 28 minutes, 29 seconds East
921	921	along the westerly right-of-way line of Interstate Highway No. 45,
922	922	same being the easterly line of said called 349.99 acre tract and
923	923	the easterly line of the tract herein described, a distance of 75.85
924	924	feet to an angle point;
925	925	THENCE South 09 degrees, 05 minutes, 49 seconds East, continuing
926	926	along said westerly right-of-way line of Interstate Highway No. 45,
927	927	same being the easterly line of said called 349.99 acre tract and
928	928	the easterly line of the tract herein described, a distance of
929	929	726.72 feet to a point in said line being the Southeast corner of
930	930	said called 349.99 acre tract, for the Southeast corner of the
931	931	herein described 105.3609 acre tract;
932	932	THENCE South 75 degrees, 02 minutes, 51 seconds West, along the
933	933	South line of said called 349.99 acre tract and being the South line
934	934	of the tract herein described, 1,391.51 feet to an angle point in
935	935	said line;
936	936	THENCE South 80 degrees, 35 minutes, 59 seconds West, along the
937	937	South line of said called 349.99 acre tract, a distance of 230.95
938	938	feet to the most southerly Southeast corner of said called 349.99
939	939	acre tract;
940	940	THENCE North 74 degrees, 49 minutes, 35 seconds West, along the
941	941	South line of said called 349.99 acre tract, a distance of 169.00
942	942	feet to a point for corner;
943	943	THENCE, continuing along the South line of said called 349.99 acre
944	944	tract, with the following courses and distances:
945	945	North 74 degrees, 03 minutes, 07 seconds West, 319.46 feet to an
946	946	angle point;
947	947	North 72 degrees, 39 minutes, 50 seconds West, 325.00 feet to an
948	948	angle point;
949	949	North 74 degrees, 05 minutes, 35 seconds West, 299.30 feet to an
950	950	angle point;
951	951	North 74 degrees, 19 minutes, 35 seconds West, 100.70 feet to an
952	952	angle point;
953	953	North 73 degrees, 44 minutes, 35 seconds West, 298.00 feet to an
954	954	angle point;
955	955	North 74 degrees, 57 minutes, 35 seconds West, 300.00 feet to an
956	956	angle point;
957	957	North 72 degrees, 26 minutes, 35 seconds West, 200.00 feet to an
958	958	angle point;
959	959	North 76 degrees, 11 minutes, 35 seconds West, 200.00 feet to an
960	960	angle point;
961	961	North 73 degrees, 55 minutes, 35 seconds West, 205.00 feet to an
962	962	angle point;
963	963	North 76 degrees, 30 minutes, 35 seconds West, 195.00 feet to an
964	964	angle point;
965	965	North 75 degrees, 16 minutes, 35 seconds West, 450.00 feet to an
966	966	angle point;
967	967	North 75 degrees, 48 minutes, 35 seconds West, 385.00 feet to an
968	968	angle point;
969	969	North 79 degrees, 37 minutes, 35 seconds West, 205.00 feet to an
970	970	angle point;
971	971	THENCE North 74 degrees, 49 minutes, 35 seconds West, continuing
972	972	along said South line, a distance of 451.31 feet to the point of
973	973	intersection of said line with the easterly right-of-way line of
974	974	Willis-Montgomery Road (70' R-O-W), said point being the Southwest
975	975	corner of said called 349.99 acre tract and the Southwest corner of
976	976	the herein described called 105.3609 acre tract;
977	977	THENCE North 42 degrees, 06 minutes, 00 seconds East along said
978	978	easterly right-of-way line of Willis-Montgomery Road, same being
979	979	the Northwest line of the aforementioned called 349.99 acre tract
980	980	and the Northwest line of the tract herein described, a distance of
981	981	1,622.72 feet to the point of intersection of said line with a
982	982	non-tangent curve to the left;
983	983	THENCE in an easterly direction along said curve to the left having
984	984	a radius of 2,640.00 feet, a central angle of 69 degrees, 50
985	985	minutes, 46 seconds, a chord bearing South 65 degrees, 09 minutes,
986	986	06 seconds East 3,022.67 feet, for a distance of 3,218.28 feet to
987	987	the point of intersection of said curve with a second non-tangent
988	988	curve to the left;
989	989	THENCE in an easterly direction along said curve to the left having
990	990	a radius of 2,640.00 feet, a central angle of 23 degrees, 22
991	991	minutes, 54 seconds, a chord bearing North 87 degrees, 12 minutes,
992	992	46 seconds East 1,069.89 feet, for a distance of 1,077.35 feet to
993	993	the Point of Tangency of said curve;
994	994	THENCE North 75 degrees, 31 minutes, 19 seconds East a distance of
995	995	511.01 feet to the PLACE OF BEGINNING, and containing 105.3609
996	996	acres of land, more or less.
997	997	TRACT NO. 7
998	998	FIELD NOTES FOR A CALLED 201.00 ACRE TRACT OF LAND IN THE JAMES
999	999	BUCHANAN SURVEY, ABSTRACT 100, MONTGOMERY COUNTY, TEXAS, BEING ALL
1000	1000	THAT CERTAIN CALLED 246 ACRE TRACT DESCRIBED IN DEED FROM
1001	1001	BARCLAY-ANDERSON & COMPANY, INC. TO RANDAL ARLAN HENDRICKS,
1002	1002	TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE NUMBER 8258092
1003	1003	IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY, TEXAS, SAVE AND
1004	1004	EXCEPT, ALL THAT CERTAIN CALLED 45.000 ACRE TRACT DESCRIBED IN DEED
1005	1005	FROM RANDAL ARLAN HENDRICKS, TRUSTEE, TO WILLIS INDEPENDENT SCHOOL
1006	1006	DISTRICT, BEING OF RECORD IN THE REAL PROPERTY RECORDS OF
1007	1007	MONTGOMERY COUNTY, TEXAS UNDER COUNTY CLERK'S FILE NUMBER
1008	1008	2001-112403, SAID 201.00 ACRE TRACT BEING MORE PARTICULARLY
1009	1009	DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
1010	1010	BEGINNING at the most easterly Northeast corner of the
1011	1011	aforementioned called 246 acre tract, same being the called
1012	1012	Southeast corner of a certain adjacent 20.75 acre tract formerly
1013	1013	being the property of L & M Lumber Company;
1014	1014	THENCE North 75 degrees, 13 minutes, 16 seconds West, along the
1015	1015	South line of said adjacent 20.75 acre tract, same being the most
1016	1016	easterly North line of the aforementioned called 246 acre tract, a
1017	1017	distance of 498.54 feet to a point for corner being the called
1018	1018	Southwest corner of said 20.75 acre tract;
1019	1019	THENCE North 15 degrees, 47 minutes, 46 seconds West, along the West
1020	1020	line of said adjacent 20.75 acre tract, same being the most
1021	1021	northerly Northeast line of the aforementioned called 246 acre
1022	1022	tract, a distance of 1,285.13 feet to a point in the North line of
1023	1023	the James Buchanan Survey being the called Northwest corner of said
1024	1024	20.75 acre tract for the most northerly Northeast corner of said 246
1025	1025	acre tract, same being the most northerly Northeast corner of the
1026	1026	herein described 201.00 acre tract;
1027	1027	THENCE North 75 degrees, 09 minutes, 31 seconds West, along the
1028	1028	North line of said Buchanan Survey, and being the North line of the
1029	1029	aforementioned called 246 acre tract and the North line of the tract
1030	1030	herein described, a distance of 1,179.70 feet to a point for the
1031	1031	Northwest corner of said 246 acre tract, same being also the
1032	1032	Northwest corner of the tract herein described;
1033	1033	THENCE South 13 degrees, 48 minutes, 37 seconds West, along the West
1034	1034	line of said called 246 acre tract, a distance of 4,987.28 feet to a
1035	1035	point in the North right-of-way line of F. M. Highway No. 830 being
1036	1036	the Southwest corner of said 246 acre tract and the Southwest corner
1037	1037	of the herein described 201.00 acre tract;
1038	1038	THENCE South 67 degrees, 22 minutes, 09 seconds East, along said
1039	1039	North right-of-way line and being the South line of the
1040	1040	aforementioned called 246 acre tract and the South line of the tract
1041	1041	herein described, a distance of 547.42 feet to the point of
1042	1042	curvature of a curve to the left;
1043	1043	THENCE, continuing along said North right-of-way line, in an
1044	1044	easterly direction along said curve to the left having a radius of
1045	1045	3,758.11 feet, through a central angle of 01 degree, 35 minutes, 20
1046	1046	seconds for a distance of 104.21 feet to a point in said line being
1047	1047	the Southwest corner of the aforementioned called 45.000 acre
1048	1048	Willis Independent School District tract;
1049	1049	THENCE North 14 degrees, 04 minutes, 58 seconds East, along the West
1050	1050	line of said called 45.000 acre tract, a distance of 850.62 feet to
1051	1051	the most westerly Northwest corner of said tract;
1052	1052	THENCE South 75 degrees, 55 minutes, 02 seconds East, along the most
1053	1053	westerly North line of said called 45.000 acre tract, a distance of
1054	1054	750.00 feet to the most southerly Northwest corner of said tract;
1055	1055	THENCE North 14 degrees, 04 minutes, 58 seconds East, along the most
1056	1056	northerly Northwest line of said called 45.000 acre tract, a
1057	1057	distance of 657.46 feet to the most northerly Northwest corner of
1058	1058	said tract;
1059	1059	THENCE South 75 degrees, 55 minutes, 02 seconds East, along the most
1060	1060	easterly North line of said called 45.000 acre tract, a distance of
1061	1061	900.00 feet to a point in the East line of the aforementioned called
1062	1062	246 acre tract being the Northeast corner of said called 45.000 acre
1063	1063	tract and the most easterly Southeast corner of the herein
1064	1064	described 201.00 acre tract;
1065	1065	THENCE North 14 degrees, 04 minutes, 58 seconds East, along the East
1066	1066	line of said called 246 acre tract, a distance of 2,438.60 feet to
1067	1067	the PLACE OF BEGINNING and containing 201.00 acres of land, more or
1068	1068	less.
1069	1069	TRACT NO. 8
1070	1070	FIELD NOTES FOR A 94.00 ACRE TRACT OF LAND IN THE JAMES BUCHANAN
1071	1071	SURVEY, ABSTRACT 100, MONTGOMERY COUNTY, TEXAS, DESCRIBED IN DEED
1072	1072	FROM BARCLAY-ANDERSON & COMPANY, INC., TO RANDAL ARLAN HENDRICKS,
1073	1073	TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE NUMBER 8258092
1074	1074	IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY AND BEING MORE
1075	1075	PARTICULAR-LY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
1076	1076	BEGINNING at a point in the North line of the aforementioned James
1077	1077	Buchanan Survey, from which the Northwest corner of the L. & M.
1078	1078	Lumber Company 20.75 acre tract bears South 75 degrees, 09 minutes,
1079	1079	31 seconds East a distance of 1,179.7 feet, same being the Northwest
1080	1080	corner of a certain adjacent called 246 acre tract described in deed
1081	1081	from Barclay-Anderson & Co. Inc. to Randal Arlan Hednricks, Trustee
1082	1082	and being of record under County Clerk's File Number 8258092 in the
1083	1083	real property records of Montgomery County and Northeast corner of
1084	1084	the herein described 94.00 acre tract;
1085	1085	THENCE South 13 degrees, 48 minutes, 37 seconds West, along the West
1086	1086	line of said called 246 acre tract, same being the East line of the
1087	1087	tract herein described, a distance of 4,987.28 feet to a point in
1088	1088	the North right-of-way line of F. M. Highway No. 830 being the
1089	1089	Southwest corner of said called 246 acre tract and the Southeast
1090	1090	corner of the herein described 94.00 acre tract;
1091	1091	THENCE North 67 degrees, 22 minutes, 09 seconds West, along said
1092	1092	North right-of-way line, same being the South line of the herein
1093	1093	described tract, a distance of 840.45 feet to a point in said line
1094	1094	being the Southeast corner of a certain adjacent called 191.659
1095	1095	acre tract described in the aforementioned deed to Randal Arlan
1096	1096	Hendricks, Trustee for the Southwest corner of the herein described
1097	1097	94.00 acre tract;
1098	1098	THENCE North 13 degrees, 48 minutes, 37 seconds East, along the East
1099	1099	line of said called 191.659 acre tract, same being the West line of
1100	1100	the tract herein described, a distance of 4,873.35 feet to a point
1101	1101	in the aforementioned North line of the James Buchanan Survey being
1102	1102	the Northeast corner of said 191.659 acre tract and the Northwest
1103	1103	corner of the herein described 94.00 acre tract;
1104	1104	THENCE South 75 degrees, 09 minutes, 32 seconds East, along the
1105	1105	North line of the James Buchanan Survey, same being the South line
1106	1106	of a certain adjacent called 321.6242 acre tract described in deed
1107	1107	from Randal A. Hendricks, Trustee, to Randal Arlan Hendricks,
1108	1108	Trustee being of record in Volume 878, at Page 240 in the Deed
1109	1109	Records of Montgomery County, and the North line of the herein
1110	1110	described tract, a distance of 830.64 feet to the PLACE OF BEGINNING
1111	1111	and containing 94.00 acres of land, more or less.
1112	1112	TRACT NO. 9
1113	1113	FIELD NOTES FOR AN 80.8895 ACRE TRACT OF LAND IN THE JAMES BUCHANAN
1114	1114	SURVEY, ABSTRACT 100, MONTGOMERY COUNTY, TEXAS, BEING THAT SAME
1115	1115	CALLED 80.883 ACRE TRACT DESCRIBED IN DEED FROM BARCLAY-ANDERSON &
1116	1116	COMPANY, INC. TO RANDAL ARLAN HENDRICKS, TRUSTEE, BEING OF RECORD
1117	1117	UNDER COUNTY CLERK'S FILE NUMBER 8258092 IN THE REAL PROPERTY
1118	1118	RECORDS OF MONTGOMERY COUNTY, TEXAS AND BEING MORE PARTICULARLY
1119	1119	DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
1120	1120	BEGINNING at the Southeast corner of the aforementioned called
1121	1121	80.883 acre tract, same being the called Southeast corner of the
1122	1122	James Buchanan Survey, Abstract 100;
1123	1123	THENCE North 75 degrees, 09 minutes, 45 seconds West, along the
1124	1124	South line of said Buchanan Survey, a distance of 4,549.85 feet to
1125	1125	the Southeast corner of a certain called 112.658 acre tract
1126	1126	described in deed from C. A. Johnson to Floyd L. McNutt dated June
1127	1127	12, 1968 and being of record in Volume 664, at Page 537, of the Deed
1128	1128	Records of Montgomery County, Texas for the point for the Southwest
1129	1129	corner of the herein described tract;
1130	1130	THENCE North 13 degrees, 10 minutes, 20 seconds East, along the East
1131	1131	line of said called 112.658 acre tract, a distance of 1,064.68 feet
1132	1132	to a point in the South right-of-way line of F. M. Highway No. 830
1133	1133	(120' R-O-W) for the Northwest corner of the herein described
1134	1134	tract, said point lying in a non-tangent curve to the left;
1135	1135	THENCE along said South right-of-way line of F. M. Highway No. 830,
1136	1136	same being the North line of the herein described tract, in a
1137	1137	southeasterly direction with said curve to the left having a radius
1138	1138	of 3,795.04 feet and a chord bearing South 63 degrees, 36 minutes,
1139	1139	38 seconds East 476.82 feet, a distance of 477.14 feet to the Point
1140	1140	of Tangency of said curve;
1141	1141	THENCE South 67 degrees 22 minutes, 09 seconds East, continuing
1142	1142	along said South right-of-way line, a distance of 2,360.58 feet to
1143	1143	the Point of Curvature of a curve to the left;
1144	1144	THENCE, continuing along said South right-of-way line, around said
1145	1145	curve to the left having a radius of 3,878.12 feet and a central
1146	1146	angle of 24 degrees, 15 minutes, 50 seconds, a distance of 1,642.33
1147	1147	feet to the Point of Tangency of said curve;
1148	1148	THENCE North 88 degrees, 22 minutes, 00 seconds East, continuing
1149	1149	along said South right-of-way line of F. M. Highway No. 830, a
1150	1150	distance of 149.74 feet to a point being the Northeast corner of the
1151	1151	aforementioned called 80.883 acre tract, for the Northeast corner
1152	1152	of the herein described tract;
1153	1153	THENCE South 14 degrees, 25 minutes, 40 seconds West a distance of
1154	1154	814.11 feet to the PLACE OF BEGINNING and containing 80.8895 acres
1155	1155	of land, more or less.
1156	1156	TRACT NO. 10
1157	1157	FIELD NOTES FOR A 188.0782 ACRE TRACT OF LAND IN THE JAMES BUCHANAN
1158	1158	SURVEY, ABSTRACT 100, MONTGOMERY COUNTY, TEXAS, BEING THAT SAME
1159	1159	TRACT DESCRIBED AS 191.659 ACRES IN DEED FROM BARCLAY-ANDERSON &
1160	1160	COMPANY, INC. TO RANDAL ARLAN HENDRICKS, TRUSTEE, BEING OF RECORD
1161	1161	UNDER COUNTY CLERK'S FILE NUMBER 8258092 IN THE REAL PROPERTY
1162	1162	RECORDS OF MONTGOMERY COUNTY, TEXAS SAVE AND EXCEPT A 40-FOOT WIDE
1163	1163	STRIP LOCATED WITHIN THE RIGHT-OF-WAY OF WILLIS-MONTGOMERY ROAD AND
1164	1164	BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
1165	1165	COMMENCING at a point in the called North line of the James Buchanan
1166	1166	Survey, being the Northwest corner of a certain called 20.75 acre L &
1167	1167	M Lumber Company tract, same being also the most northerly
1168	1168	Northeast corner of a certain called 246 acre tract described in the
1169	1169	aforementioned deed from Barclay-Anderson & Company, Inc. to Randal
1170	1170	Arlan Hendricks, Trustee;
1171	1171	THENCE North 75 degrees, 09 minutes, 31 seconds West, along the
1172	1172	called North line of the James Buchanan Survey, a distance of
1173	1173	2,010.34 feet to a point in said line being the Northwest corner of
1174	1174	a certain adjacent called 94.0 acre tract described in the
1175	1175	aforementioned deed from Barclay-Anderson & Company, Inc. to Randal
1176	1176	Arlan Hendricks, Trustee, for the Northeast corner and PLACE OF
1177	1177	BEGINNING of the herein described 188.0782 acre tract;
1178	1178	THENCE, continuing North 75 degrees, 09 minutes, 31 seconds West,
1179	1179	along the North line of the Buchanan Survey and being the North line
1180	1180	of the tract herein described, a distance of 974.66 feet to the
1181	1181	point of intersection of said line with the easterly right-of-way
1182	1182	line of Willis-Montgomery Road (80' R-O-W) for the Northwest corner
1183	1183	of the tract herein described;
1184	1184	THENCE South 41 degrees, 37 minutes, 13 seconds West, along said
1185	1185	easterly right-of-way line of Willis-Montgomery Road, a distance of
1186	1186	3,906.73 feet to a point in said line being the intersection of said
1187	1187	line with the Northwest line of a certain called 34.3175 acre tract
1188	1188	described in deed from 830 Park, Ltd. to Randal A. Hendricks,
1189	1189	Trustee, being of record under County Clerk's File Number 8208404
1190	1190	in the Real Property Records of Montgomery County, for the most
1191	1191	westerly Southwest corner of the herein described tract;
1192	1192	THENCE North 74 degrees, 17 minutes, 58 seconds East, along said
1193	1193	Northwest line, a distance of 404.57 feet to a point for corner
1194	1194	being the most northerly Northwest corner of the aforementioned
1195	1195	called 34.3175 acre tract;
1196	1196	THENCE South 76 degrees, 10 minutes, 11 seconds East, along the
1197	1197	North line of said called 34.3175 acre tract, a distance of 983.35
1198	1198	feet to the Northeast corner of said tract;
1199	1199	THENCE South 13 degrees, 10 minutes, 20 seconds West, along the East
1200	1200	line of said called 34.3175 acre tract, a distance of 1,375.10 feet
1201	1201	to a point in the North right-of-way line of F. M. Highway No. 830
1202	1202	being the Southeast corner of said tract, for the most southerly
1203	1203	Southwest corner of the herein described 188.0782 acre tract, said
1204	1204	point lying in a curve to the left;
1205	1205	THENCE in a southeasterly direction with the long chord of said
1206	1206	curve to the left, South 63 degrees, 23 minutes, 53 seconds East for
1207	1207	a distance of 497.55 feet to a point for corner;
1208	1208	THENCE, continuing with the North right-of-way line of F. M.
1209	1209	Highway No. 830, South 67 degrees, 22 minutes, 09 seconds East for a
1210	1210	distance of 972.71 feet to the Southwest corner of the
1211	1211	aforementioned called 94.0 acre tract for the Southeast corner of
1212	1212	the herein described 188.0782 acre tract;
1213	1213	THENCE North 13 degrees, 48 minutes, 37 seconds East, along the West
1214	1214	line of said called 94.0 acre tract, a distance of 4,873.35 feet to
1215	1215	the PLACE OF BEGINNING and containing 188.0782 acres of land, more
1216	1216	or less.
1217	1217	(b) The Montgomery County Municipal Utility District No.
1218	1218	129 initially includes all the territory contained in the following
1219	1219	area:
1220	1220	TRACT NO. 1
1221	1221	FIELD NOTES FOR A CALLED 29.1602 ACRE TRACT OF LAND IN THE URIAH
1222	1222	SPRINGER SURVEY, ABSTRACT 532, MONTGOMERY COUNTY, TEXAS, BEING A
1223	1223	PART AND OUT OF A CERTAIN CALLED 139.788 ACRE TRACT DESCRIBED IN
1224	1224	DEED FROM BARCLAY-ANDERSON & COMPANY, INC. TO RANDAL ARLAN
1225	1225	HENDRICKS, TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE
1226	1226	NUMBER 8258092 IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY,
1227	1227	SAID CALLED 29.1602 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
1228	1228	METES AND BOUNDS AS FOLLOWS:
1229	1229	BEGINNING at a point in the southerly right-of-way line of F. M.
1230	1230	Highway No. 1097 being the Northwest corner of a certain called
1231	1231	18.33 acre tract described in deed from Randal Arlan Hendricks,
1232	1232	Trustee to Smith Memorial Park being of record in County Clerk's
1233	1233	File Number 2004-040916 in the Real Property Records of Montgomery
1234	1234	County and being the Northeast corner of the herein described
1235	1235	tract;
1236	1236	THENCE South 14 degrees, 30 minutes, 23 seconds West, along the West
1237	1237	line of said called 18.33 acre tract, same being the East line of
1238	1238	the tract herein described, a distance of 1,703.37 feet to the point
1239	1239	intersection of said line with a non-tangent curve to the right,
1240	1240	said point of intersection being also the Southeast corner of the
1241	1241	herein described called 29.1602 acre tract;
1242	1242	THENCE in a northwesterly direction along said curve to the right
1243	1243	having a radius of 2,640.00 feet, a central angle of 09 degrees, 35
1244	1244	minutes, 16 seconds and a chord bearing North 31 degrees, 42
1245	1245	minutes, 27 seconds West 441.26 feet, a distance of 441.78 feet to
1246	1246	the Point of Tangency of said curve;
1247	1247	THENCE North 26 degrees, 54 minutes, 48 seconds West a distance of
1248	1248	632.96 feet to the Point of Curvature of a curve to the right;
1249	1249	THENCE in a northwesterly direction along said curve to the right
1250	1250	having a radius of 2,640.00 feet, a central angle of 23 degrees, 23
1251	1251	minutes, 23 seconds and a chord bearing North 15 degrees, 28
1252	1252	minutes, 37 seconds West 1,070.26 feet, a distance of 1,077.73 feet
1253	1253	to the point of intersection of said curve with the aforementioned
1254	1254	southerly right-of-way line of F. M. Highway No. 1097 for the
1255	1255	Northwest corner of the herein described tract;
1256	1256	THENCE South 75 degrees, 19 minutes, 46 seconds East, along said
1257	1257	right-of-way line, same being the North line of the aforementioned
1258	1258	called 139.788 acre tract and the North line of the tract herein
1259	1259	described, a distance of 1,272.17 feet to the PLACE OF BEGINNING and
1260	1260	containing 29.1602 acres of land, more or less.
1261	1261	TRACT NO. 2
1262	1262	FIELD NOTES FOR A CALLED 216.2634 ACRE TRACT OF LAND IN THE F. K.
1263	1263	HENDERSON SURVEY, ABSTRACT 248, MONTGOMERY COUNTY, TEXAS, BEING A
1264	1264	PART AND OUT OF A CERTAIN CALLED 349.99 ACRE TRACT DESCRIBED IN DEED
1265	1265	FROM RANDAL A. HENDRICKS, TRUSTEE, TO RANDAL ARLAN HENDRICKS,
1266	1266	TRUSTEE DATED DECEMBER 17, 1974 AND BEING OF RECORD IN VOLUME 878,
1267	1267	AT PAGE 240, OF THE DEED RECORDS OF MONTGOMERY COUNTY, TEXAS, SAID
1268	1268	CALLED 216.2634 ARE TRACT BEING DESCRIBED MORE PARTICULARLY BY
1269	1269	METES AND BOUNDS AS FOLLOWS:
1270	1270	COMMENCING at a point in the westerly right-of-way line of
1271	1271	Interstate Highway No. 45, said point being the Northeast corner of
1272	1272	the aforementioned called 349.99 acre tract and the Northeast
1273	1273	corner of a certain adjacent called 28.534 acre tract described in
1274	1274	deed from Randal Arlan Hendricks, Trustee, to First Baptist Church
1275	1275	of Willis being of record under County Clerk's File Number 9622769
1276	1276	in the Real Property Records of Montgomery County;
1277	1277	THENCE South 14 degrees, 28 minutes, 41 seconds East, along the
1278	1278	westerly right-of-way line of Interstate Highway No. 45, same being
1279	1279	the common easterly line of said called 349.99 acre and 28.534 acre
1280	1280	tracts, a distance of 1,053.82 feet to a point in said line being
1281	1281	the Southeast corner of said called 28.534 acre tract, for the PLACE
1282	1282	OF BEGINNING of the herein described 216.2634 acre tract;
1283	1283	THENCE, continuing South 14 degrees, 28 minutes, 41 seconds East,
1284	1284	along the westerly right-of-way line of Interstate Highway No. 45,
1285	1285	same being the easterly line of said called 349.99 acre tract and
1286	1286	the easterly line of the tract herein described, a distance of
1287	1287	214.44 feet to an angle point in said line;
1288	1288	THENCE, continuing along the westerly right-of-way line of
1289	1289	Interstate Highway No. 45, same being the easterly line of said
1290	1290	called 349.99 acre tract and the easterly line of the tract herein
1291	1291	described, with the following courses and distances:
1292	1292	South 15 degrees, 05 minutes, 21 seconds East, 701.77 feet to an
1293	1293	angle point;
1294	1294	South 15 degrees, 17 minutes, 05 seconds East, 500.43 feet to an
1295	1295	angle point;
1296	1296	South 12 degrees, 03 minutes, 45 seconds East, 600.07 feet to an
1297	1297	angle point;
1298	1298	THENCE, continuing along the westerly right-of-way line of
1299	1299	Interstate Highway No. 45, same being the easterly line of said
1300	1300	called 349.99 acre tract and the easterly line of the tract herein
1301	1301	described, South 16 degrees, 28 minutes, 29 seconds East, 624.32
1302	1302	feet to a point in said line for the most easterly Southeast corner
1303	1303	of the herein described tract;
1304	1304	THENCE, departing from said westerly right-of-way line, South 75
1305	1305	degrees, 31 minutes, 19 seconds West a distance of 511.01 feet to
1306	1306	the Point of Curvature of a curve to the right;
1307	1307	THENCE in a westerly direction along said curve to the right having
1308	1308	a radius of 2,640.00 feet, a central angle of 23 degrees, 22
1309	1309	minutes, 54 seconds and a chord bearing South 87 degrees, 12
1310	1310	minutes, 46 seconds West 1,069.89 feet, a distance of 1,077.35 feet
1311	1311	to the point of intersection of said curve with a non-tangent curve
1312	1312	to the right;
1313	1313	THENCE in a westerly direction along said curve to the right having
1314	1314	a radius of 2,640.00 feet, a central angle of 69 degrees, 50
1315	1315	minutes, 46 seconds and a chord bearing North 65 degrees, 09
1316	1316	minutes, 06 seconds West 3,022.67 feet, a distance of 3,218.28 feet
1317	1317	to the point of intersection of said curve with the easterly
1318	1318	right-of-way line of Willis-Montgomery Road (70' R-O-W) for the
1319	1319	Southwest corner of the herein described tract;
1320	1320	THENCE North 42 degrees, 06 minutes, 00 seconds East along said
1321	1321	easterly right-of-way line of Willis-Montgomery Road, same being
1322	1322	the Northwest line of the aforementioned called 349.99 acre tract
1323	1323	and the Northwest line of the tract herein described, a distance of
1324	1324	2,741.82 feet to a point in said line being the most westerly
1325	1325	Northwest corner of a certain called 28.534 acre tract described in
1326	1326	deed from Randal Arlan Hendricks, Trustee to First Baptist Church
1327	1327	of Willis dated April 11, 1969 and being of record under County
1328	1328	Clerk's File Number 9622769 in the Real Property Records of
1329	1329	Montgomery County, Texas and being also the Southwest corner of a
1330	1330	30-foot wide access easement described in Exhibit "B" to said deed;
1331	1331	THENCE North 74 degrees, 45 minutes, 38 seconds East along the South
1332	1332	line of said 30-foot wide access easement, and being parallel to and
1333	1333	30.00 feet at right angles in a southerly direction from the North
1334	1334	line of said called 349.99 acre tract, a distance of 252.47 feet to
1335	1335	a reentrant corner of the aforementioned called 28.534 acre tract;
1336	1336	THENCE South 14 degrees, 28 minutes, 41 seconds East, along the most
1337	1337	westerly Southwest line of said called 28.534 acre tract, a
1338	1338	distance of 796.93 feet to the most westerly southwest corner of
1339	1339	said tract;
1340	1340	THENCE North 75 degrees, 31 minutes, 19 seconds East, along the most
1341	1341	westerly South line of said called 28.534 acre tract, a distance of
1342	1342	845.00 feet to a point for corner;
1343	1343	THENCE South 14 degrees, 28 minutes, 41 seconds East, along the most
1344	1344	southerly southwest line of said called 28.534 acre tract, a
1345	1345	distance of 209.00 feet to the most southerly corner of said called
1346	1346	28.534 acre tract;
1347	1347	THENCE North 75 degrees, 31 minutes, 09 seconds East, along the most
1348	1348	easterly South line of said called 28.534 acre tract, a distance of
1349	1349	500.01 feet (being called North 75 degrees, 31 minutes, 19 seconds
1350	1350	East 500.00 feet in the aforementioned 28.534 acre deed) to the
1351	1351	PLACE OF BEGINNING and containing 216.2634 acres of land, more or
1352	1352	less.
1353	1353	TRACT NO. 3
1354	1354	FIELD NOTES FOR A CALLED 1.9381 ACRE TRACT OF LAND IN THE URIAH
1355	1355	SPRINGER SURVEY, ABSTRACT 532, BEING A PART AND OUT OF A CERTAIN
1356	1356	CALLED 52.94 ACRE TRACT DESCRIBED IN DEED FROM ARNOLD H. MIERS TO
1357	1357	RANDAL A. HENDRICKS, TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S
1358	1358	FILE NUMBER 8523408 IN THE REAL PROPERTY RECORDS OF MONTGOMERY
1359	1359	COUNTY, TEXAS, SAID CALLED 1.9381 ACRE TRACT BEING MORE
1360	1360	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
1361	1361	BEGINNING at the Northeast corner of the aforementioned called
1362	1362	52.94 acre tract, same being the Southeast corner of Lot 26, Block
1363	1363	2, Hilltop Village Subdivision, according to a map or plat of said
1364	1364	subdivision being of record in Cabinet "E", Slide 110-B, in the Map
1365	1365	Records of Montgomery County, Texas;
1366	1366	THENCE South 15 degrees, 30 minutes, 05 seconds West, along the East
1367	1367	line of said called 52.94 acre tract, same being the West line of
1368	1368	the Margaret Ella Watson Subdivision according to a map or plat of
1369	1369	said subdivision being of record in Volume 5, at Page 10, of the Map
1370	1370	Records of Montgomery County, a distance of 125.00 feet to the point
1371	1371	of intersection of said line with a non-tangent curve to the right;
1372	1372	THENCE in a westerly direction along said curve to the right, having
1373	1373	a radius of 2,640.00 feet, a central angle of 20 degrees, 27
1374	1374	minutes, 53 seconds and a chord bearing North 67 degrees, 02
1375	1375	minutes, 04 seconds West 937.94 feet, a distance of 942.95 feet to
1376	1376	the point of intersection of said curve with the North line of the
1377	1377	aforementioned called 52.94 acre tract;
1378	1378	THENCE South 74 degrees, 41 minutes, 35 seconds East, along the
1379	1379	North line of said called 52.94 acre tract (being called South 74
1380	1380	degrees, 41 minutes, 20 seconds East in the aforementioned 52.94
1381	1381	acre deed), a distance of 930.00 feet to the PLACE OF BEGINNING and
1382	1382	containing 1.9381 acres of land, more or less.
1383	1383	SECTION 3. (a) The legal notice of the intention to
1384	1384	introduce this Act, setting forth the general substance of this
1385	1385	Act, has been published as provided by law, and the notice and a
1386	1386	copy of this Act have been furnished to all persons, agencies,
1387	1387	officials, or entities to which they are required to be furnished
1388	1388	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1389	1389	Government Code.
1390	1390	(b) The governor, one of the required recipients, has
1391	1391	submitted the notice and Act to the Texas Commission on
1392	1392	Environmental Quality.
1393	1393	(c) The Texas Commission on Environmental Quality has filed
1394	1394	its recommendations relating to this Act with the governor, the
1395	1395	lieutenant governor, and the speaker of the house of
1396	1396	representatives within the required time.
1397	1397	(d) All requirements of the constitution and laws of this
1398	1398	state and the rules and procedures of the legislature with respect
1399	1399	to the notice, introduction, and passage of this Act are fulfilled
1400	1400	and accomplished.
1401	1401	SECTION 4. This Act takes effect September 1, 2009.