Texas 2009 - 81st Regular

Texas House Bill HB4786 Compare Versions

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1	1	81R11531 SLB-F
2	2	By: Weber H.B. No. 4786
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Brazoria County Municipal Utility
8	8	District No. 63; providing authority to impose a tax and issue
9	9	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 Chapter 8365 to read as follows:
13	13	CHAPTER 8365. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 63
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8365.001. 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 Brazoria County Municipal
19	19	Utility District No. 63.
20	20	Sec. 8365.002. 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. 8365.003. 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. 8365.004. CONSENT OF MUNICIPALITY REQUIRED. The
28	28	temporary directors may not hold an election under Section 8365.003
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. 8365.005. 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, or improvement of
40	40	macadamized, graveled, or paved roads described by Section 54.234,
41	41	Water Code, or improvements, including storm drainage, in aid of
42	42	those roads.
43	43	Sec. 8365.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act creating this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act creating this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	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 8365.007-8365.050 reserved for expansion]
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8365.051. 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 8365.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8365.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act creating this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the Texas Commission on
66	66	Environmental Quality requesting that the commission appoint as
67	67	temporary directors the five persons named in the petition. The
68	68	commission shall appoint as temporary directors the five persons
69	69	named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8365.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act creating this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8365.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8365.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the Texas Commission on Environmental
87	87	Quality requesting that the commission appoint as successor
88	88	temporary directors the five persons named in the petition. The
89	89	commission shall appoint as successor temporary directors the five
90	90	persons named in the petition.
91	91	[Sections 8365.053-8365.100 reserved for expansion]
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 8365.101. GENERAL POWERS AND DUTIES. The district has
94	94	the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 8365.102. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 8365.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
102	102	Section 52, Article III, Texas Constitution, the district may
103	103	design, acquire, construct, finance, issue bonds for, improve, and
104	104	convey to this state, a county, or a municipality for operation and
105	105	maintenance macadamized, graveled, or paved roads described by
106	106	Section 54.234, Water Code, or improvements, including storm
107	107	drainage, in aid of those roads.
108	108	(b) The district may exercise the powers provided by this
109	109	section without submitting a petition to or obtaining approval from
110	110	the Texas Commission on Environmental Quality as required by
111	111	Section 54.234, Water Code.
112	112	Sec. 8365.104. APPROVAL OF ROAD PROJECT. (a) The district
113	113	may not undertake a road project authorized by Section 8365.103
114	114	unless:
115	115	(1) each municipality or county that will operate and
116	116	maintain the road has approved the plans and specifications of the
117	117	road project, if a municipality or county will operate and maintain
118	118	the road; or
119	119	(2) the Texas Transportation Commission has approved
120	120	the plans and specifications of the road project, if the state will
121	121	operate and maintain the road.
122	122	(b) Except as provided by Subsection (a), the district is
123	123	not required to obtain approval from the Texas Transportation
124	124	Commission to design, acquire, construct, finance, issue bonds for,
125	125	improve, or convey a road project.
126	126	Sec. 8365.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
127	127	OR RESOLUTION. The district shall comply with all applicable
128	128	requirements of any ordinance or resolution that is adopted under
129	129	Section 54.016 or 54.0165, Water Code, and that consents to the
130	130	creation of the district or to the inclusion of land in the
131	131	district.
132	132	Sec. 8365.106. LIMITATION ON USE OF EMINENT DOMAIN. The
133	133	district may not exercise the power of eminent domain outside the
134	134	district to acquire a site or easement for:
135	135	(1) a road project authorized by Section 8365.103; or
136	136	(2) a recreational facility as defined by Section
137	137	49.462, Water Code.
138	138	Sec. 8365.107. DIVISION OF DISTRICT. (a) The district may
139	139	be divided into two or more new districts only if the district:
140	140	(1) has no outstanding bonded debt; and
141	141	(2) is not imposing ad valorem taxes.
142	142	(b) This chapter applies to any new district created by the
143	143	division of the district, and a new district has all the powers and
144	144	duties of the district.
145	145	(c) Any new district created by the division of the district
146	146	may not, at the time the new district is created, contain any land
147	147	outside the area described by Section 2 of the Act creating this
148	148	chapter.
149	149	(d) The board, on its own motion or on receipt of a petition
150	150	signed by the owner or owners of a majority of the assessed value of
151	151	the real property in the district, may adopt an order dividing the
152	152	district.
153	153	(e) The board may adopt an order dividing the district
154	154	before or after the date the board holds an election under Section
155	155	8365.003 to confirm the district's creation.
156	156	(f) An order dividing the district shall:
157	157	(1) name each new district;
158	158	(2) include the metes and bounds description of the
159	159	territory of each new district;
160	160	(3) appoint temporary directors for each new district,
161	161	or provide that the owner or owners of a majority of the assessed
162	162	value of the real property in the district may submit a petition to
163	163	the Texas Commission on Environmental Quality requesting that the
164	164	commission appoint as temporary directors the five persons named in
165	165	the petition;
166	166	(4) provide for the division of assets and liabilities
167	167	between or among the new districts; and
168	168	(5) be subject to a confirmation election in each new
169	169	district.
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 8365.003. The results of that election must be filed as
178	178	required by Sections 49.102(e) and (f), Water Code. If the voters
179	179	of a new district do not confirm the creation of the new district,
180	180	the assets, liabilities, territory, and governance of the new
181	181	district revert to the original district.
182	182	(i) Municipal consent to the creation of the district and to
183	183	the inclusion of land in the district granted under Section
184	184	8365.004 acts as municipal consent to the creation of any new
185	185	district created by the division of the district and to the
186	186	inclusion of land in the new district.
187	187	(j) Any new district created by the division of the district
188	188	must hold an election as required by this chapter to obtain voter
189	189	approval before the district may impose a maintenance tax or issue
190	190	bonds payable wholly or partly from ad valorem taxes.
191	191	[Sections 8365.108-8365.150 reserved for expansion]
192	192	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
193	193	Sec. 8365.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
194	194	district may issue, without an election, bonds and other
195	195	obligations secured by:
196	196	(1) revenue other than ad valorem taxes; or
197	197	(2) contract payments described by Section 8365.153.
198	198	(b) The district must hold an election in the manner
199	199	provided by Chapters 49 and 54, Water Code, to obtain voter approval
200	200	before the district may impose an ad valorem tax or issue bonds
201	201	payable from ad valorem taxes.
202	202	(c) The district may not issue bonds payable from ad valorem
203	203	taxes to finance a road project unless the issuance is approved by a
204	204	vote of a two-thirds majority of the district voters voting at an
205	205	election held for that purpose.
206	206	Sec. 8365.152. OPERATION AND MAINTENANCE TAX. (a) If
207	207	authorized at an election held under Section 8365.151, the district
208	208	may impose an operation and maintenance tax on taxable property in
209	209	the district in accordance with Section 49.107, Water Code.
210	210	(b) The board shall determine the tax rate. The rate may not
211	211	exceed the rate approved at the election.
212	212	Sec. 8365.153. CONTRACT TAXES. (a) In accordance with
213	213	Section 49.108, Water Code, the district may impose a tax other than
214	214	an operation and maintenance tax and use the revenue derived from
215	215	the tax to make payments under a contract after the provisions of
216	216	the contract have been approved by a majority of the district voters
217	217	voting at an election held for that purpose.
218	218	(b) A contract approved by the district voters may contain a
219	219	provision stating that the contract may be modified or amended by
220	220	the board without further voter approval.
221	221	[Sections 8365.154-8365.200 reserved for expansion]
222	222	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
223	223	Sec. 8365.201. AUTHORITY TO ISSUE BONDS AND OTHER
224	224	OBLIGATIONS. The district may issue bonds or other obligations
225	225	payable wholly or partly from ad valorem taxes, impact fees,
226	226	revenue, contract payments, grants, or other district money, or any
227	227	combination of those sources, to pay for any authorized district
228	228	purpose.
229	229	Sec. 8365.202. TAXES FOR BONDS. At the time the district
230	230	issues bonds payable wholly or partly from ad valorem taxes, the
231	231	board shall provide for the annual imposition of a continuing
232	232	direct ad valorem tax, without limit as to rate or amount, while all
233	233	or part of the bonds are outstanding as required and in the manner
234	234	provided by Sections 54.601 and 54.602, Water Code.
235	235	Sec. 8365.203. BONDS FOR ROAD PROJECTS. At the time of
236	236	issuance, the total principal amount of bonds or other obligations
237	237	issued or incurred to finance road projects and payable from ad
238	238	valorem taxes may not exceed one-fourth of the assessed value of the
239	239	real property in the district.
240	240	SECTION 2. The Brazoria County Municipal Utility District
241	241	No. 63 initially includes all the territory contained in the
242	242	following area:
243	243	EIGHT TRACTS OF LAND TOTALING 960.05 ACRES DESCRIBED AS FOLLOWS:
244	244	TRACT 1:
245	245	A survey of 185.59 acres of land, being a part of that certain
246	246	called 325.54 Acre Tract containing Lots 12, 13, and 14, and those
247	247	platted roads lying between said Lots, of the Bogart and Taylor
248	248	Subdivision of the West 1/2 of the W.D.C. Hall League, Abstract 69,
249	249	Brazoria County, Texas, according to the Plat recorded in Volume 1,
250	250	Page 64, Plat Records, and Volume 16, Pages 518-519, Deed Records of
251	251	Brazoria County, Texas (B.C.D.R), and being a part of that certain
252	252	called 326.04 Acre Tract described in a deed from Elmer M. Cannon,
253	253	Jr. to Tehama Communities, LLP recorded in Clerk's File (C.F.)
254	254	2006-074531, said 185.59 Acre Tract being more particularly
255	255	described as follows:
256	256	BEGINNING at a 1/2 inch iron rod found in the West
257	257	right-of-way line of County Road 48 (60.0 feet wide), said point
258	258	being a Northeast corner of this tract and the Southeast corner of a
259	259	tract described as Tract One in a deed to Allen W. Gibson recorded
260	260	in C.F. 2001-017726, said point being located South 03 degrees 02
261	261	minutes 44 seconds East, 990.09 feet, from a sucker rod found at the
262	262	intersection of the West right-of-way line of County Road 48 with
263	263	the South right-of-way line of County Road 841 (60.0 feet wide);
264	264	THENCE South 03 degrees 02 minutes 44 seconds East, along
265	265	said West right-of-way line of County Road 48, 330.0 feet, to a
266	266	point for corner a the Northeast corner of the Ann M. Doggett Tract
267	267	described in Volume 1474, Page 244, B.C.D.R.;
268	268	THENCE South 86 degrees 56 minutes 42 seconds West, along the
269	269	North line of said Doggett Tract, at 7.0 feet pass a 1/2 inch iron
270	270	rod set for reference, and continue for a total distance of 1,318.61
271	271	feet to a 1/2 inch iron rod found inside a 3 inch iron pipe at the
272	272	Northwest corner of said Doggett Tract;
273	273	THENCE South 02 degrees 56 minutes 25 seconds East, along the
274	274	West line of said Doggett Tract, 330.30 feet, to a 1/2 inch iron rod
275	275	found inside a 3 inch iron pipe at the Southwest corner of said
276	276	Doggett Tract;
277	277	THENCE North 86 degrees 56 minutes 42 seconds East, along the
278	278	South line of said Doggett Tract, at 1,311.87 feet pass a 1 inch
279	279	iron pipe found, and continue for a total distance of 1319.22 feet
280	280	to a point marking the Southeast corner of said Doggett Tract in
281	281	said West right-of-way line of said County Road 48;
282	282	THENCE South 03 degrees 02 minutes 44 seconds East, along
283	283	said West right-of-way line of County Road 48, 979.20 feet, to the
284	284	centerline of a 60.0 foot platted road (not open) for corner, said
285	285	point being the Eastern most Southeast corner of the herein
286	286	described tract;
287	287	THENCE South 86 degrees 57 minutes 14 seconds West, along
288	288	said centerline of a 60.0 foot platted road, 3,882.14 feet, to the
289	289	Southern most Southwest corner of the herein described tract for
290	290	corner, said point also lying in the Northeast right-of-way line of
291	291	F.M. 521 (100.0 feet wide);
292	292	THENCE North 18 degrees 47 minutes 40 seconds West, along
293	293	said Northeast right-of-way line of F.M. 521, 449.11 feet, to a
294	294	broken concrete monument found for corner in the common line of the
295	295	W.D.C. Hall League, Abstract 69, and the John Hall League, Abstract
296	296	68, said point being the Southern most corner of the Earl A. Key
297	297	Tract described in C.F. 1998-045344;
298	298	THENCE North 03 degrees 15 minutes 37 seconds West, along the
299	299	said common line of the W.D.C. Hall League, Abstract 69, and the
300	300	John Hall League, Abstract 68, being the Easterly line of said Key
301	301	Tract, the Key Tract described in C.F. 1998-028462, the William E.
302	302	Murphy Tract described in C.F. 2001-009763, the Nicholas O.
303	303	Martinez Tract described in C.F. 2002-037450, the Danny Netterville
304	304	Tract described in C.F. 2007-015818, the David Sauceda Tract
305	305	described in C.F. 2003-004766, the Ifeoma A. Nwankwo Tract
306	306	described in C.F. 2004-044384, the Larry Robinson Tract described
307	307	in C.F. 2003-038622, the Roque Arredondo Tract described in C.F.
308	308	2005-046389, and the Sierra Homes Tract described in C.F.
309	309	2006-059259, passing several 1/2 inch iron rods found on line,
310	310	2,179.53 feet, to a 3/4 inch iron pipe set for the Western most
311	311	Northwest corner of the herein described tract at the Northwest
312	312	corner of Lot 14, from which point a 1 - 1/2 inch iron pipe found
313	313	bears South 86 degrees 10 minutes 54 seconds West, 1.96 feet;
314	314	THENCE North 86 degrees 10 minutes 54 seconds East, along the
315	315	said North line of Lot 14 and the South line of a 60.0 foot platted
316	316	road, 1,341.71 feet, to a 3/4 inch iron pipe set for the Northern
317	317	most Northeast corner of the herein described tract in the
318	318	centerline of a 60.0 foot platted road (not open), from which point
319	319	a 1/2 inch iron pipe found at the Northwest corner of Lot 13 bears
320	320	North 86 degrees 10 minutes 54 seconds East, 30.0 feet;
321	321	THENCE South 03 degrees 04 minutes 59 seconds East, along the
322	322	centerline of said 60.0 foot platted road, 659.44 feet, to a 3/4
323	323	inch iron pipe set for corner;
324	324	THENCE North 86 degrees 59 minutes 02 seconds East, at 30.0
325	325	feet pass a 1- 1/4 inch iron pipe found in the East line of said 60.0
326	326	foot road at the Southwest corner of the Ronny Dumesnil Tract
327	327	described in Volume 1237, Page 638, B.C.D.R., and continue along
328	328	the South line of said Dumesnil Tract, the Jon S. Dumesnil Tract
329	329	described in Volume (92) 1029, Page 564, Official Records, the
330	330	Scott G. Frankie Tract described in C.F. 1997-033820, the Scott G.
331	331	Frankie Tract described in C.F. 2004-013757, and the Jan Felder
332	332	Tract described in Volume 1670, Page 241, B.C.D.R., 2,009.58 feet,
333	333	to a 1 inch iron pipe found for corner in the West line of the Allen
334	334	W. Gibson Tract Two described in C.F. 2001-017726;
335	335	THENCE South 03 degrees 06 minutes 52 seconds East, along the
336	336	said West line of the Gibson Tract Two and Tract One, 329.95 feet,
337	337	to a 1- 1/4 inch iron pipe found at the Southwest corner of said
338	338	Gibson Tract One;
339	339	THENCE North 86 degrees 56 minutes 43 seconds East, along the
340	340	South line of said Gibson Tract One, 660.22 feet to the POINT OF
341	341	BEGINNING and containing 185.59 acres of land.
342	342	TRACT 2:
343	343	All that certain 160.92 acres tract of land, being a part of
344	344	that certain called 264.533 Acre Tract containing Lots 10, 11, and
345	345	19 of the Bogart and Taylor Subdivision of the West 1/2 of the
346	346	W.D.C. Hall League, Abstract 69, Brazoria County, Texas, a Plat of
347	347	record in Volume 16, at Pages 518 and 519 of the Deed Records of
348	348	Brazoria County, Texas (B.C.D.R.), and being that 264.533 Acre
349	349	Tract described in a deed from Buffet Inc. to Tehama Communities,
350	350	LLP recorded in Clerk's File (C.F.) 2005-069871, said 160.92 acres
351	351	tract of land being more particularly described as follows:
352	352	BEGINNING at a 4 -inch square concrete monument found at the
353	353	Northeast corner of said Lot 10, said concrete monument being the
354	354	same described in that certain deed to Claud B. Hamill recorded in
355	355	Volume 1121, at Page 386 of the B.C.D.R., being also the Northwest
356	356	corner of Lot 9 of said Bogart and Taylor Subdivision;
357	357	THENCE South 03 degrees 02 minutes 53 seconds East, 2,652.55
358	358	feet coincident with the West line of said Claud B. Hamill Tract,
359	359	being also the East line of Lot 10 of said Bogart and Taylor
360	360	Subdivision, point also being the Southeast corner of the herein
361	361	tract;
362	362	THENCE South 86 degrees 57 minutes 14 seconds West, 2,642.69
363	363	feet coincident with the North lines of Lot 18 and 19, being also
364	364	the South line of Lots 10 and 11 of said Bogart and Taylor
365	365	Subdivision to a point for corner, from which a 1/2-inch iron rod
366	366	set for reference bears North 76 degrees 03 minutes 10 seconds West,
367	367	18.35 feet, and a 3/4 inch iron pipe found for reference bears North
368	368	01 degrees 24 minutes 37 seconds East, 23.52 feet;
369	369	THENCE North 03 degrees 02 minutes 53 seconds West, 2,652.55
370	370	feet coincident with the West line of said Lot 11 to a 1 1/4 inch
371	371	iron pipe found for corner;
372	372	THENCE North 86 degrees 57 minutes 14 seconds East, 2,642.69
373	373	feet coincident with the North lines of said Lots 10 and 11, along
374	374	the South line of a platted road to the POINT OF BEGINNING,
375	375	containing 160.92 acres of land, more or less.
376	376	TRACT 3:
377	377	A survey of 42.95 Acres out of Lot 9 of the Bogart and Taylor
378	378	subdivision of the West 1/2 of the W.D.C. Hall League, Abstract 69
379	379	according to the Plat recorded in Volume 1, Page 64 of the Map
380	380	Records of Brazoria County, Texas (B.C.M.R), and being more
381	381	particularly described by metes and bounds as follows:
382	382	BEGINNING at a set 1/2 inch iron rod with a cap in the
383	383	Northwest corner of Lot 9 set on the South right-of way line of
384	384	Adams Road / County Road 841, a public road, presently unopened, for
385	385	the Northwest corner of this tract and the POINT OF BEGINNING;
386	386	THENCE North 86 degrees 57 minutes 02 seconds East, along the
387	387	South line of said public road, a distance of 700.55 feet for the
388	388	Northeast corner of this tract;
389	389	THENCE South 03 degrees 00 minutes 50 seconds East, a
390	390	distance of 2,657.47 feet for the Southeast corner of this tract,
391	391	said point being in the South lines of Lot 9;
392	392	THENCE South 86 degrees 57 minutes 14 seconds West, along the
393	393	centerline of Ditch 316-00-00 as recorded in Iowa Colony Drainage
394	394	District No. 5, a distance of 707.48 feet for the Southwest corner
395	395	of this tract;
396	396	THENCE North 02 degrees 51 minutes 52 seconds West, along the
397	397	West lines of Lot 9, same being the East line of that tract of land
398	398	(Lots 10, 11, and 19, Bogart and Taylor) as described by deed
399	399	recorded in B.C.C.F. No. 85030634, a distance of 2,657.44 feet to
400	400	the POINT OF BEGINNING and containing 42.95 acres of land, more or
401	401	less, and being a part of the same property described in the deed
402	402	"Tract C" as described in the Clerk's File No. 2008-037928 of
403	403	Brazoria County, Texas, to which deed and the record thereof
404	404	reference is here made for all appropriate purposes.
405	405	TRACT 4:
406	406	A survey of 203.29 Acres out of Lots 4, 5, and 6 of the Bogart
407	407	and Taylor Subdivision of the West 1/2 of the W.D.C. Hall League,
408	408	Abstract 69 according to the Plat recorded in Volume 1, Page 64 of
409	409	the Map Records of Brazoria County, Texas (B.C.M.R.), and being
410	410	more particularly described by metes and bounds as follows:
411	411	BEGINNING at a found 1 inch pipe the Northwest corner of Lot
412	412	4, said point being located in the East right-of-way line of Airline
413	413	Road / County Road 48, with said point also being the Northwest
414	414	corner of this tract and the POINT OF BEGINNING;
415	415	THENCE North 86 degrees 57 minutes 02 seconds East, along the
416	416	North line of Lots 4, 5, and 6, same being the South lines of that
417	417	called 70.96 Acre Tract as described by deed recorded in B.C.C.F.
418	418	No. 03-004685 out of Lots 47-50 of the CS Palmer Subdivision of
419	419	Section 9 of the HT&B RR Company Survey, A-238, recorded in Volume
420	420	2, Page 29, B.C.M.R., distance of 2974.14 feet to a set 1/2 inch
421	421	iron rod with cap at point of intersection;
422	422	THENCE North 87 degrees 35 minutes 00 seconds East,
423	423	continuing along the North line of Lot 6, same being the South lines
424	424	of that called 74.33 Acre Tract described by deed recorded in
425	425	B.C.C.F. No. 03-064681 (therein called "Tract 1") out of the CM Hays
426	426	Survey, Section 8, A-534, a distance of 382.13 feet for the
427	427	Northeast corner of this tract;
428	428	THENCE South 03 degrees 00 minutes 50 seconds East, a
429	429	distance of 2,633.04 feet for the Southeast corner of this tract,
430	430	said point being located in the North right-of-way line of Adams
431	431	Road / County Road 841, a public road, presently unopened;
432	432	THENCE South 86 degrees 57 minutes 02 seconds West, along the
433	433	North right-of-way line of Adams Road, a distance of 3,359.80 feet
434	434	to a set 1/2 inch iron rod with cap for the Southwest corner of this
435	435	tract, said point also being the Southwest corner of Lot 4 and being
436	436	located in the East right-of-way line of Airline Road;
437	437	THENCE North 02 degrees 56 minutes 12 seconds West, along the
438	438	East right-of-way line of Airline Road, a distance of 2,637.27 feet
439	439	to the POINT OF BEGINNING and containing 203.29 acres of land, more
440	440	or less, and being a part of the same property described in the deed
441	441	"Tract B" as described in the Clerk's File No. 2008-037928 of
442	442	Brazoria County, Texas, to which deed and the record thereof
443	443	reference is here made for all appropriate purposes.
444	444	TRACT 5
445	445	A survey of 243.807 Acres being all of Lots 1, 2 and 3, and
446	446	also that portion of a 60 foot wide road lying between said Lots 1
447	447	and 2 of the Bogart and Taylor Subdivision of the West 1/2 of the
448	448	W.D.C. Hall League, Abstract 69 according to the Plat recorded in
449	449	Volume 1, Page 64 of the map records of Brazoria County, Texas; said
450	450	60 foot platted right-of-way being closed, abandoned, and vacated
451	451	by the Commissioners' Court at the petition of Claud B. Hamill and
452	452	other freeholders per Volume 1269, Page 945 and Volume 1277, Page
453	453	900, B.C.D.R.; said 243.807 Acres being more particularly described
454	454	as follows:
455	455	BEGINNING at a found 1/2 inch iron rod with cap, the Northwest
456	456	Corner of Lot 1, of said Subdivision the Northwest corner of this
457	457	tract;
458	458	THENCE North 87 degrees 01 minutes 49 seconds East, along the
459	459	North lines of said Lots 1, 2, 3, and the North end of said 60 foot
460	460	road, same being the South lines of Lots 163-191 of Grasslands
461	461	Subdivision (aka "Old Airline Road Estates"), a called 140.024 acre
462	462	unrecorded subdivision out of Lots 35, 41-45, 51-55 and portions of
463	463	Lots 36, 46, 56 and 57 of the CW Palmer Subdivision of Section 9,
464	464	HT&B RR Company Survey, A-238, as recorded in Volume 2, Page 29,
465	465	BCPR, a distance of 4026.98 feet to a set 1/2 inch iron rod with cap,
466	466	on the West line of Airline Road/County Road 48, the Northeast
467	467	corner of Lot 3 as shown on said Plat of Bogart and Taylor;
468	468	THENCE South 02 degrees 56 minutes 12 seconds East, along the
469	469	West line of Airline Road, a distance of 2637.27 feet to a set 1/2
470	470	inch iron rod on the North line of Adams Road/County Road 841, the
471	471	Southeast corner of Lot 3 as shown on said Plat of Bogart and
472	472	Taylor;
473	473	THENCE South 87 degrees 01 minutes 49 seconds West, along the
474	474	North line of Adams Road, a distance of 4026.98 feet to a set 1/2
475	475	inch iron rod, the Southwest corner of Lot 1 as shown on said Plat of
476	476	Bogart and Taylor;
477	477	THENCE North 02 degrees 56 minutes 12 seconds West, along the
478	478	West line of said Lot 1, same being the East line of that called
479	479	264.533 Acre Tract of land as described by deed recorded in Brazoria
480	480	County Clerk's File No. 2005-069871, a distance of 2637.27 feet to
481	481	the POINT OF BEGINNING, and containing 243.807 acres of land, more
482	482	or less, and being that same tract of land as described in the deed
483	483	from J.O. Garrett, Trustee, to Claud B. Hamill recorded in Volume
484	484	1175, Page 763 (as to Lot 1) and Alice Cannon Carlson to Claud B.
485	485	Hamill recorded as "First Tract" in Volume 1147, Page 483 (as to
486	486	Lots 2 and 3), and portion of the right-of-way as abandoned by the
487	487	County in Volume 1269, Page 945 and Volume 1277, Page 900, all of
488	488	the deed records of Brazoria County, Texas, to which deeds and the
489	489	records thereof reference is here made for all appropriate
490	490	purposes.
491	491	TRACT 6
492	492	A FIELD NOTE DESCRIPTION of 14.991 acres of land being the
493	493	remainder of a call 66.74 Acre Tract of land (Brazoria County
494	494	Clerk's File No. 02-036975) being out of a call 137.24 Acre Tract of
495	495	land (Volume 85-226, Page 493; Official Records of Brazoria County,
496	496	Texas) being out of Lots 37, 38, 39, 40, 47, 48, 49 and 50 of the
497	497	C.W. Palmer Subdivision (Volume 2, Page 29; Plat Records of
498	498	Brazoria County, Texas) being in the H.T. & B. Railroad Company
499	499	Survey, Section No. 9, Abstract No. 238, Brazoria County, Texas.
500	500	BEGINNING at one and one-quarter inch outside diameter iron
501	501	pipe found in the existing Easterly right-of-way line of Brazoria
502	502	County Road No. 48 (Airline Road - 60 feet wide at this point) for
503	503	the Southwest corner of said call 66.74 Acre Tract; said corner
504	504	being the Northwest corner of a call 70.96 Acre Tract (Brazoria
505	505	County Clerk's File No. 03-004685) and being in the Westerly line of
506	506	said call 137.24 Acre Tract; said corner being the Southwest corner
507	507	of this 14.991 Acre Tract;
508	508	THENCE North 3 degrees 7 minutes 32 seconds West - 166.54 feet
509	509	along the Westerly line of said call 66.74 Acre Tract being along
510	510	the existing Easterly right-of-way line of said County Road No. 48
511	511	to a point for the most Westerly Northwest corner of this tract;
512	512	said corner being the most Westerly Southwest corner of Stoneridge
513	513	Lakes Section One Subdivision (Volume 23, Pages 353, 354, 355 and
514	514	356; Plat Records of Brazoria County, Texas);
515	515	THENCE North 87 degrees 1 minute 23 seconds East, at 20.00
516	516	feet pass a 5/8 inch diameter iron rod with aluminum cap in concrete
517	517	found for reference corner in the Easterly right-of-way line of
518	518	said County Road No. 48 (80 feet wide as dedicated), at 304.63 feet
519	519	pass the centerline of Lake Ridge Circle (70 feet wide), in all
520	520	540.09 feet along a Southerly line of said Stoneridge Lakes Section
521	521	One Subdivision to a 5/8 inch diameter iron rod with aluminum cap in
522	522	concrete found for interior corner of this tract;
523	523	THENCE North 2 degrees 58 minutes 37 seconds West - 67.02 feet
524	524	along an Easterly line of said Stoneridge Lakes Section One
525	525	Subdivision to a 5/8 inch diameter iron rod with aluminum cap in
526	526	concrete found for re-entrant corner of this tract;
527	527	THENCE Easterly, along the Southerly lines of said Stoneridge
528	528	Lakes Section One Subdivision with the following courses and
529	529	distances:
530	530	North 87 degrees 1 minute 23 seconds East - 1092.26 feet to a
531	531	point for corner;
532	532	Along a tangent curve to the right with the following curve
533	533	data:
534	534	Delta:81 Degrees, 37 Minutes, 19 Seconds
535	535	Radius:235.00 feet
536	536	Length:334.77 feet
537	537	Tangent:202.93 feet
538	538	Chord:South 52 Degrees, 9 Minutes, 58 Seconds East -
539	539	307.18 feet to a point for corner;
540	540	North 87 degrees 1 minute, 23 seconds East, at 55.93 feet pass
541	541	a 5/8 inch diameter iron rod found for reference in the
542	542	Westerly line of a 130 foot wide drainage easement, at 185.93
543	543	feet pass a 5/8 inch diameter iron rod found for reference in
544	544	the Easterly line of said 130 foot wide drainage easement, at
545	545	476.85 feet pass the centerline of said Lake Ridge Circle, in
546	546	all 715.35 feet to a 5/8 inch diameter iron rod with aluminum
547	547	cap in concrete found for interior corner of this tract;
548	548	THENCE North 2 degrees 58 minutes 37 seconds West - 440.76
549	549	feet along an Easterly line of said Stonebridge Lakes Section One
550	550	Subdivision to a 5/8 inch diameter iron rod with aluminum cap in
551	551	concrete found for re-entrant corner of this tract;
552	552	THENCE North 87 degrees 1 minute 23 seconds East - 470.04 feet
553	553	along a Southerly line of said Stoneridge Lakes Section One
554	554	Subdivision to a 5/8 inch diameter iron rod with aluminum cap in
555	555	concrete found for the Northeast corner of this tract; said corner
556	556	being the most Easterly Southeast corner of said Stoneridge Lakes
557	557	Section One Subdivision and being in the Easterly line of said call
558	558	66.74 Acre Tract;
559	559	THENCE South 2 degrees 17 minutes 8 seconds East - 486.94 feet
560	560	along the Easterly line of said call 66.74 Acre Tract being along
561	561	the bank of a drainage ditch to a 5/8 inch diameter iron rod with
562	562	plastic cap set for the Southeast corner of this tract; said corner
563	563	being the Southeast corner of said call 66.74 Acre Tract, the
564	564	Northeast corner of said 70.956 Acre Tract and bears North 2
565	565	Degrees, 17 Minutes, 8 Seconds West - 1020.95 feet from a 3/4 inch
566	566	diameter iron rod found for the Southeast corner of said call 137.24
567	567	Acre Tract;
568	568	THENCE South 87 degrees 16 minutes 27 seconds West (reference
569	569	bearing), at 993.60 feet pass the Easterly line of said 130 foot
570	570	wide drainage easement, at 1123.60 feet pass the Westerly line of
571	571	said 130 foot wide drainage easement, in all 3043.95 feet along the
572	572	Southerly line of said call 66.74 Acre Tract and along the Northerly
573	573	line of said call 70.96 Acre Tract to the POINT OF BEGINNING and
574	574	containing 14.991 acres of land.
575	575	TRACT 7
576	576	A FIELD NOTE DESCRIPTION of 70.956 acres of land being a call
577	577	70.96 Acre Tract of land (Brazoria County Clerk's File No.
578	578	03-004685) being out of a call 137.24 Acre Tract of land (Volume
579	579	85-226, Page 493; Official Records of Brazoria County, Texas) being
580	580	out of Lots 37, 38, 39, 40, 47, 48, 49 and 50 of the C.W. Palmer
581	581	Subdivision (Volume 2, Page 29; Plat Records of Brazoria County,
582	582	Texas) being in the H.T. & B. Railroad Company Survey, Section No.
583	583	9, Abstract No. 238, Brazoria County, Texas.
584	584	BEGINNING at a one and one-quarter inch outside diameter iron
585	585	pipe found in the existing Easterly right-of-way line of Brazoria
586	586	County Road No. 48 (Airline Road - 60 feet wide at this point) for
587	587	the Northwest corner of said call 70.96 Acre Tract; said corner
588	588	being the Southwest corner of a 14.991 Acre Tract, being the
589	589	Southwest corner of a call 66.74 Acre Tract (Brazoria County
590	590	Clerk's File No. 02-036975) and being in the Westerly line of said
591	591	call 137.24 Acre Tract; said corner being the Northwest corner of
592	592	this tract;
593	593	THENCE North 87 degrees 16 minutes 27 seconds East (reference
594	594	bearing), at 1920.35 feet pass the Westerly line of a 130 foot wide
595	595	drainage easement, at 2050.35 feet pass the Easterly line of said
596	596	130 foot wide drainage easement, in all 3043.95 feet along the
597	597	Northerly line of said call 70.96 Acre Tract, being along the
598	598	Southerly line of said 14.991 Acre Tract and along the Southerly
599	599	line of said call 66.74 Acre Tract to a 5/8 inch diameter iron rod
600	600	with plastic cap set for the Northeast corner of this tract; said
601	601	corner being the Southeast corner of said 14.991 Acre Tract and
602	602	bears South 2 degrees 17 minutes 8 seconds East - 486.94 feet from a
603	603	5/8 inch diameter iron rod with aluminum cap in concrete found for
604	604	the most Easterly Southeast corner of Stoneridge Lakes Section One
605	605	Subdivisions (Volume 23, Pages 353, 354, 355, and 356; Plat Records
606	606	of Brazoria County, Texas);
607	607	THENCE South 2 degrees 17 minutes 8 seconds East - 1020.95
608	608	feet along the Easterly line of said call 70.96 Acre Tract, along
609	609	the Easterly line of said call 137.24 Acre Tract and along the
610	610	Westerly line of a call 8.58 Acre Tract (Brazoria County Clerk's
611	611	File No. 01-032189) to a 3/4 inch diameter iron rod found for the
612	612	Southeast corner of this tract; said corner being the Southeast
613	613	corner of said call 70.96 Acre Tract being the Southwest corner of
614	614	said call 8.58 Acre Tract and bears South 87 degrees 55 minutes 39
615	615	seconds West - 80.00 feet from a 1/2 inch diameter iron rod with a
616	616	cap found for the Southwest corner of a 74.337 Acre Tract;
617	617	THENCE South 87 degrees 16 minutes 27 seconds West, at 902.33
618	618	feet pass the Easterly line of said 130 foot wide drainage easement,
619	619	at 1032.33 feet pass the Westerly line of said 130 foot wide
620	620	drainage easement, at 2962.33 feet pass North 2 degrees 43 minutes
621	621	33 seconds West - 11.82 feet from a one and one-quarter inch outside
622	622	diameter iron pipe found for reference, in all 2987.26 feet along
623	623	the Southerly line of said call 70.96 Acre Tract, along the
624	624	Southerly line of said call 137.24 Acre Tract and along the
625	625	Northerly line of a call 264.481750 Acre Tract (Second Tract,
626	626	Volume 1147, Page 483, Deed Records of Brazoria County, Texas) to a
627	627	5/8 inch diameter iron rod with plastic cap set for the Southwest
628	628	corner of this tract;
629	629	THENCE Northwesterly, along the Westerly line of said call
630	630	70.96 Acre Tract, along the Westerly line of said call 137.24 Acre
631	631	Tract and along the Easterly right-of-way line of said Brazoria
632	632	County Road No. 48 (60 feet wide at this point) as fenced with the
633	633	following courses and distances:
634	634	North 8 degrees 33 minutes 53 seconds West - 440.19 feet to a
635	635	point for angle;
636	636	North 3 degrees 7 minutes 32 seconds West - 583.03 feet to the
637	637	POINT OF BEGINNING and containing 70.956 acres of land.
638	638	TRACT 8
639	639	A FIELD NOTE DESCRIPTION of 37.544 acres of land being a call
640	640	37.54 Acre Tract of land (Tract II; Brazoria County Clerk's File No.
641	641	03-064681) being out of Lots 28, 29, and 30 of the C.W. Palmer
642	642	Subdivision (Volume 2, Page 29; Plat Records of Brazoria County,
643	643	Texas) being in the H.T. & B. Railroad Company Survey, Section No.
644	644	9, Abstract No. 238, Brazoria County, Texas.
645	645	BEGINNING at a 5/8 inch diameter iron rod with aluminum cap in
646	646	concrete found for the Southwest corner of said call 37.54 Acre
647	647	Tract; said corner being the Northwest corner of Lot No. 5, Block
648	648	No. 2 of Stoneridge Lakes Section One Subdivision (Volume 23, Pages
649	649	353, 354, 355 and 356; Plat Records of Brazoria County, Texas) and
650	650	being in an Easterly line of Lot No. 4, Block No. 2 of said
651	651	Stoneridge Lakes Section One Subdivision; said corner being the
652	652	Southwest corner of this 37.544 Acre Tract;
653	653	THENCE North 2 degrees 16 minutes 28 seconds West, at 11.19
654	654	feet pass a 5/8 inch diameter iron rod with aluminum cap in concrete
655	655	found for the Northeast corner of said Lot No. 4, at 659.37 feet
656	656	pass a 3/4 inch diameter iron rod found for reference, in all 675.48
657	657	feet along the Westerly line of said call 37.54 Acre Tract and along
658	658	the Easterly line of a call 10 Acre Tract (Brazoria County Clerk's
659	659	File No. 02-057392) to a point for the Northwest corner of this
660	660	tract;
661	661	THENCE Easterly, along the Northerly line of said call 37.54
662	662	Acre Tract being along a line in a drainage ditch, with the
663	663	following courses and distances:
664	664	North 86 degrees 50 minutes 38 seconds East - 1321.37 feet to
665	665	a point for angle;
666	666	North 86 degrees 37 minutes 19 seconds East - 1094.29 feet to
667	667	a point for the Northeast corner of this tract; said corner
668	668	being the Northeast corner of said call 37.54 Acre Tract,
669	669	being the Northwest corner of a call 8.58 Acre Tract
670	670	(Brazoria County Clerk's File No. 01-032189) and bears South
671	671	86 degrees 37 minutes, 19 seconds West - 54.57 feet from a
672	672	point for the Southwest corner of a 28.703 Acre Tract;
673	673	THENCE South 0 degrees 27 minutes 12 seconds East, at 27.84
674	674	feet pass a 1/2 inch diameter iron rod with cap found for reference,
675	675	in all 687.89 feet along the Easterly line of said call 37.54 Acre
676	676	Tract being along a Westerly line of said call 8.58 Acre Tract to a
677	677	point for the Southeast corner of this tract; said corner being the
678	678	Southeast corner of said call 37.54 Acre Tract, being in the
679	679	Northerly line of Lot No. 9, Block No. 3 of said Stoneridge Lakes
680	680	Section One Subdivision and bears South 87 degrees 1 minute 23
681	681	seconds West - 29.00 feet from a 5/8 inch diameter iron rod with
682	682	aluminum cap in concrete found for the Northeast corner of said
683	683	Stoneridge Lakes Section One Subdivision;
684	684	THENCE South 87 degrees 1 minute 23 seconds West (reference
685	685	bearing) - 2393.62 feet along the Northerly line of said Stoneridge
686	686	Lakes Section One Subdivision to the POINT OF BEGINNING and
687	687	containing 37.544 acres of land.
688	688	SECTION 3. (a) The legal notice of the intention to
689	689	introduce this Act, setting forth the general substance of this
690	690	Act, has been published as provided by law, and the notice and a
691	691	copy of this Act have been furnished to all persons, agencies,
692	692	officials, or entities to which they are required to be furnished
693	693	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
694	694	Government Code.
695	695	(b) The governor, one of the required recipients, has
696	696	submitted the notice and Act to the Texas Commission on
697	697	Environmental Quality.
698	698	(c) The Texas Commission on Environmental Quality has filed
699	699	its recommendations relating to this Act with the governor, the
700	700	lieutenant governor, and the speaker of the house of
701	701	representatives within the required time.
702	702	(d) All requirements of the constitution and laws of this
703	703	state and the rules and procedures of the legislature with respect
704	704	to the notice, introduction, and passage of this Act are fulfilled
705	705	and accomplished.
706	706	SECTION 4. This Act takes effect immediately if it receives
707	707	a vote of two-thirds of all the members elected to each house, as
708	708	provided by Section 39, Article III, Texas Constitution. If this
709	709	Act does not receive the vote necessary for immediate effect, this
710	710	Act takes effect September 1, 2009.