H.B. No. 4817
AN ACT
relating to the creation of the Goodwater Municipal Utility
District No. 1; providing authority to impose taxes and issue
bonds; granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle X, Title 6, Special District Local Laws
Code, is amended by adding Chapter 11004 to read as follows:
CHAPTER 11004. GOODWATER MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 11004.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Goodwater Municipal Utility
District No. 1.
Sec. 11004.002. NATURE OF DISTRICT. The district is a
combined powers district created under Section 59, Article XVI,
Texas Constitution.
Sec. 11004.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 11004.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
11004.003 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 11004.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution;
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads; and
(3) Section 52-a, Article III, Texas Constitution, to
promote, develop, encourage, and maintain employment, commerce,
economic development, and the public welfare in the district.
Sec. 11004.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
Sec. 11004.007. RELATION TO OTHER LAW. If any provision of
the general law, including a provision incorporated by reference in
this chapter, is in conflict or inconsistent with this chapter,
this chapter prevails.
Sec. 11004.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 11004.009-11004.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 11004.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 11004.052, directors
serve staggered four-year terms.
Sec. 11004.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
temporary directors the five persons named in the petition. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 11004.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 11004.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 11004.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the five
persons named in the petition.
[Sections 11004.053-11004.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 11004.101. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 11004.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 11004.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 11004.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 11004.105. STREET REPAIR AND MAINTENANCE. (a) After
the 10th anniversary of the effective date of the Act creating this
chapter, the district, at the district's expense, shall repair and
maintain any streets in the district.
(b) A district's repair and maintenance of streets under
this section must meet all applicable construction standards and
regulations of the City of Georgetown and Williamson County.
Sec. 11004.106. REGIONAL WASTE DISPOSAL POWERS AND DUTIES.
The district has the powers and duties applicable to a district
under Chapter 30, Water Code.
Sec. 11004.107. WASTEWATER TREATMENT FACILITY DESIGN
APPROVAL. The district must obtain the approval of the Brazos River
Authority for the design of any district wastewater treatment
facility.
Sec. 11004.108. WASTEWATER SERVICE PROVIDERS. Only the
Brazos River Authority or a provider approved by the Brazos River
Authority may provide wastewater service in the district.
Sec. 11004.109. COMPLIANCE WITH FEBRUARY 2005 AGREEMENT.
The district shall comply with the terms of the "Agreement
Regarding Sewer Services Areas and Customers" among the Lower
Colorado River Authority, the Brazos River Authority, the City of
Georgetown, the City of Liberty Hill, and the Chisholm Trail
Special Utility District dated February 1, 2005.
Sec. 11004.110. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if:
(1) the district has no outstanding bonded debt; and
(2) the district is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
11004.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district
or provide that the owner or owner of a majority of the assessed
value of the real property in each new district may submit a
petition to the Texas Commission on Environmental Quality
requesting that the commission appoint as temporary directors the
five persons named in the petition; and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 11004.003. A new district that is not confirmed is subject
to dissolution under general laws.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
11004.004 acts as municipal consent to the creation of any new
district created under this section and to the inclusion of land in
the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
Sec. 11004.111. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 11004.112. LIBRARIES. The district may exercise the
powers of a library district under Chapter 326, Local Government
Code.
Sec. 11004.113. EXERCISE OF POWERS OF DEVELOPMENT
CORPORATION. The district may exercise the powers of a development
corporation under Chapter 505, Local Government Code.
Sec. 11004.114. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 11004.103;
or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 11004.115-11004.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 11004.151. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 11004.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax, impose a sales or
use tax, or issue bonds payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 11004.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 11004.151, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 11004.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 11004.154-11004.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 11004.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 11004.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 11004.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Goodwater Municipal Utility District No. 1
initially includes all the territory contained in the following
area:
TRACT ONE:
BEING 414.78 acres of the Burrell Eaves Survey, Abstract No.
216, in Williamson County, Texas. This tract includes part of the
property (3 tracts) which were conveyed to J. N. Adkins, et ux. of
record in Vol. 328, Pg. 331, Deed Records of Williamson County,
Texas. This tract was surveyed on the ground in August of 2005, by
William F. Forest, Jr., Registered Professional Land Surveyor No.
1847.
BEGINNING at an iron pin which was set at the Northeast fence
corner of the J.N. Adkins tract called 34.2 acres (Tract 2) as
described in Vol. 328, Pg. 331. This corner exists at the
intersection of the South line of County Road 147 with the West line
of County Road 234.
THENCE along or near the general line of an existing fence
with the West line of County Road 234, setting iron pins as follows;
S 14 deg. 12 min. 16 sec. W 1006.11 feet; S 14 deg. 51 min. 53 sec. W
992.84 feet; and S 13 deg. 33 min. 34 sec. W 416.78 feet to the
Northeast corner of the 4 1/4 acre property conveyed to the Church
of Christ at Strickland Grove by deed of record in Vol. 111, Pg.
510.
THENCE with the North line of the Church tract (upstream with
the approximate center of Bee Branch), setting iron pins as
follows; S 86 deg, 12 min. 17 sec. W 65.40 feet; S 68 deg. 12 min. 42
sec. W 142.18 feet; N 68 deg. 33 min. 45 sec. W 28.04 feet; N 41 deg.
48 min. 23 sec. W 175.27 feet; S 79 deg. 35 min. 37 sec. W 102.40
feet; and S 67 deg. 20 min. 59 sec. W 225.13 feet.
THENCE with the boundary of a 100 acre tract surveyed this
date, S 88 deg. 21 min. 38 sec. W 1669.98 feet to an iron pin set;
and S 31 deg. 30 min. 55 sec. W 1459.02 feet to an iron pin set.
THENCE with the North line of State Highway 195, along or near
the general line of an existing fence, finding concrete
right-of-way markers, N 58 deg. 29 min. 05 sec. W 252.06 feet; N 58
deg. 28 min. 23 sec. W 2000.17 feet; and N 58 deg. 29 min. 43 sec. W
289.47 feet to an iron pin found.
THENCE with the East boundary of the Crisanto Perez property
described in Vol. 1470, pg. 298, along or near the general line of
an existing fence, N 23 deg. 39 min. 06 sec. W 2206.68 feet to a pipe
post found.
THENCE with the boundary of County Road 147, along or near the
general line of an existing fence setting iron pins as follows; N 69
deg. 45 min. 29 sec. E 422.90 feet; N 69 deg. 55 min. 48 sec. E
1885.44 feet; N 70 deg. 04 min. 45 sec. E 2297.59 feet; N 87 deg. 50
min. 55 sec. E 59.60 feet; S 19 deg. 47 min. 36 sec. E 1977.28 feet;
and N 70 deg. 44 min. 56 sec. E 1774.08 feet to the POINT OF
BEGINNING.
TRACT TWO:
A tract or parcel of land containing 4.988 acres of land out
of the Burrell Eaves Survey, Abstract No. 216, Williamson County,
Texas, being all of a called 4.99 acre tract conveyed to the William
Erwin Kemp and Margaret Elizabeth Kemp Trust recorded under
Document No. 2001006723 of the Official Public Records Of
Williamson County, Texas, said 4.988 acres being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the most westerly corner
of the herein described tract, being a southerly corner of said
Third Tract, a residue of a 140.8 acre tract conveyed to J.N.
Adkins, et ux recorded in Volume 328, Page 331 of the Deed Records
of Williamson County, Texas and lying in the northeasterly
right-of-way line of Highway 195;
Thence, North 5055'10" East, along an interior line of said Third
Tract, a distance of 467.27 feet to a 1/2 inch iron rod found at the
most northerly corner of the herein described tract;
Thence, South 3300'00" East (Bearing Basis), along an interior line
of said Third Tract, a distance of 707.49 feet to a 1/2 inch iron rod
found at the most east corner of the herein described tract and
lying in the northerly right-of-way line of County Road 143;
Thence, South 7037'00" West, along the northerly right-of-way line
of said County Road 143, a distance of 147.18 feet to a 1/2 inch iron
rod set at an angle point of the herein described tract;
Thence, South 7357'48" West, continuing along the northerly
right-of-way line of said County Road 143, a distance of 60.48 feet
to a 1/2 inch iron rod found at the most southerly corner of the
herein described tract, being in the northeasterly right-of-way
line of said Highway 195 and being the beginning of a curve to the
left;
Thence, along the northeasterly right-of-way line of said Highway
195 along said curve to the left through a central angle of 0212'49"
to a 1/2 inch iron rod set for a point of tangency, said curve having
a radius of 8235.11 feet, an arc length of 318.14 feet, and a long
chord bearing of North 5600'26" West, 318.12 feet;
Thence, North 5701'00" West, continuing along the northeasterly
right-of-way line of said Highway 195, a distance of 342.54 feet to
the POINT OF BEGINNING, containing 4.988 acres of land.
TRACT THREE:
Being 1.00 acre of the Burrell Eaves Survey, Abstract No.
261, in Williamson County, Texas, part of a 103 acre tract which is
described in Vol. 757, Page 461, Deed Records of Williamson County,
Texas. Surveyed on the ground in October of 1984, by W.F. Forest,
Registered Public Surveyor No. 101.
BEGINNING at an iron pin set about 1 foot North of a fence in the
North line of County Road 147, 35 feet wide. A nail set by the
Southeast fence corner of the said 103 acre tract bears N 7207' E
251.03 feet.
THENCE S 7207' W 150.0 feet to set an iron pin.
THENCE N 1753" W 290.4 feet to set an iron pin.
THENCE N 7207' E 150.0 feet to set an iron pin.
THENCE S 1753' E 290.4 feet to the POINT OF BEGINNING.
TRACT FOUR:
Being 5.00 acres of land located in the Burrell Eaves Survey,
Abstract No. 216, Williamson County, Texas, being out of and part of
that certain 103 acre tract as recorded in document no. 2002078621,
Official Public Records of Williamson County, Texas,
(O.P.R.W.C.T.), being the same 5.00 acres conveyed to Carl
Satterlee, et ux by deed recorded in Document No. 2001019450,
O.P.R.W.C.T., and being more particularly described by metes and
bounds as follows: (all bearings recited herein ARE BASED ON THE
MONUMENTED NORTH LINE OF THE SAID 103 ACRES);
BEGINNING, at a 1/2" iron rod found for the southeast corner of the
said 5.00 acres, being in a southerly line of the said 103 acres and
being in the north right-of-way line of County road 147;
THENCE, S 7036'46" W, along said north right-of-way line, a
distance of 466.67 feet to a 1/2" iron rod found for the southwest
corner herein;
THENCE, N 1923'51" W, departing said north right-of-way line, a
distance of 466.75 feet to a 1/2" iron rod found for the northwest
corner herein;
THENCE, N 7035'54" E, a distance of 466.62 feet to a 1/2" iron rod
found for the northeast corner herein;
THENCE, S 1924'14' E, a distance of 466.86 feet to the POINT OF
BEGINNING containing 5.00 acres of land, more or less.
TRACT FIVE:
Being 85.237 acres of land located in the Burrell Eaves
Survey, Abstract No. 216, Williamson County, Texas, said tract
being all of that certain called 103 acre tract of land conveyed to
Earline D. Ischy by warranty deed recorded in Document No.
2002078621, Official Public Records of Williamson County, Texas,
(O.P.R.W.C.T.), save and except the following certain tracts of
land: that certain 4.127 acre tract conveyed to Kay R. & Alvy A.
Byrd In Document No. 2003002085 (O.P.R.W.C.T.), that certain 1.00
acre tract of land conveyed to Gordon Crum & Joann Crum by warranty
deed recorded in Volume 1104, Page 337, Official Records of
Williamson County, Texas, (O.R.W.C.T.), that certain 5.00 acre
tract conveyed to Adkins Land Development, L.P. in Document No.
2006054629 (O.P.R.W.C.T.), that certain 5.00 acre tract conveyed to
Louis F. Ischy III & Sheila J. Ischy in Document No. 2001040530
(O.P.R.W.C.T.), and that certain 1.00 acre tract conveyed to Bruce
Levens in Document No. 2004072477 (O.P.R.W.C.T.), said 85.237 acre
tract being more particularly described by metes and bounds as
follows: (ALL BEARINGS RECITED HEREIN ARE BASED ON THE MONUMENTED
NORTH LINE OF THE SAID 103 ACRES);
COMMENCING for reference, at a 1/2" iron rod found at the northwest
corner of said 103 acre tract, said point being the common South
corner of those certain 5.0 acre and 27.39 acre tracts conveyed to
Darren Barker by deeds recorded in Volume 1415, Page 344
(O.R.W.C.T.), and Document No. 2006011593 (O.P.R.W.C.T.), the
northwest corner of that certain 4.127 acre tract of land conveyed
to Kay R. Byrd and Alvy A. Byrd by deed recorded in Document No.
2003002085 (O.P.R.W.C.T.), and being an ell turn in the
northeasterly right-of-way line of County Road 147;
THENCE, N6954'25"E, a distance of 341.99 feet to a nail found in a
fence post at the southeast corner of said 27.39 acre Barker tract,
same being the southwest corner of that certain 38.66 acre tract of
land conveyed to Richard Burson by deed recorded in Volume 498, Page
577 (O.R.W.C.T.), and N6955'59"E, a distance of 19.57 feet, to an
1/2" iron rod found at the northeast corner of said Byrd tract, for
the northwest corner and POINT OF BEGINNING;
THENCE, with the north line of said 103 acre tract, same being the
South line of said Burson tract, as fenced and used upon the ground,
the following three (3) courses numbered 1 through 3,
1. N6953'00"E, a distance of 1566.04 feet to a capped 1/2"
iron rod found (RPLS No. 4835), for an exterior angle point in the
north line of the herein described tract,
2. S2955'01"E, a distance of 225.22 feet to a 1/2" iron rod
found, for an interior angle point in the north line of the herein
described tract,
3. N7002'20"E, a distance of 669.19 feet to a nail found in
the west right-of-way line of County Road 234, for the northeast
corner herein;
THENCE, following said right-of-way line, same being the east line
of said 103 acre tract, as fenced and used upon the ground, the
following five (5) courses numbered 1 through 5,
1. S0111'54"E, a distance of 187.72 feet to a fence post,
for an angle point,
2. S0017'33"W, a distance of 144.21 feet to a fence post,
for an angle point,
3. S0233'16"W, a distance of 128.85 feet to a fence post,
for an angle point,
4. S0827'57"W, a distance of 469.22 feet to a fence post,
for an angle point,
5. S1032'20"W, 155.00 feet to a 1/2" iron rod set at
northeast corner of that certain 1.00 acre tract of land conveyed to
Bruce Levens by deed recorded in Document No. 2004072477
(O.P..R.W.C.T.), for an exterior ell corner in the east line of the
herein described tract;
THENCE, leaving said right-of-way line, following the north,
westerly, and south lines of said Levens tract, as fenced and used
upon the ground, the following four (4) courses numbered 1 through
4,
1. N8750'5l"W, a distance of 149.83 feet to a capped 1/2"
iron rod found (RPLS No. 4835) at the northwest corner of said
Levens tract, for an interior angle point of the herein described
tract,
2. S3909'37"W, a distance of 131.89 feet to a 1/2" iron rod
set, at an exterior angle point in the west line of said Levens
tract, same being an interior angle point in the east line of the
herein described tract,
3. S0143'30"E, a distance of 113.40 feet to a capped 1/2"
iron rod found (RPLS No. 4835), at the southwest corner of said
Levens tract, for an interior ell corner in the east line of the
herein described tract,
4. S8417'48"E, a distance of 209.17 feet to a 1/2" iron rod
set at the southeast comer of said Levens tract, said point being in
the West right-of-way line of said County Road 234, for an exterior
ell corner in the east line of the herein described tract;
THENCE, following said right-of-way line, same being the east line
of said 103 acre tract, the following two (2) courses numbered 1 and
2;
1. S0722'21"W, a distance of 407.91 feet to a fence post,
for an angle point,
2. S0742'02"W, a distance of 282.14 feet to a nail found in
a fence post, at the northwest intersection of said County Road 234
and said County Road 147, said point being the southeast of said 103
acre tract, for the southeast corner herein;
THENCE, S7035'27"W, following the north right-of-way line of said
County Road 147, same being the South line of said 103 acre tract, a
distance of 251.03 feet to a calculated point at the southeast
corner of said 1.00 acre Crum tract, for an exterior ell comer in
the south line of the herein described tract;
THENCE, the following three (3) courses numbered 1 through 3,
1. N1924'33"W, with the east line of said Crum tract, a
distance of 290.40 feet to a calculated point, at the northeast
corner of said Crum tract, for an interior ell corner in the south
line of the herein described tract,
2. S7035'27"W, with the north line of said Crum tract, a
distance of 150.00 feet to a calculated point at the northwest
corner of said Crum tract, for an interior ell corner in the south
line of the herein described tract,
3. S1924'33"E, with the west line of said Crum tract, a
distance of 290.40 feet to a calculated point at the southwest
corner of said Crum tract, said point being in the north
right-of-way line of said County Road 147, for an exterior ell
corner in the south line of the herein described tract;
THENCE, S7035'27"W, with the fenced right-of-way line, a distance
of 650.48 feet to a 1/2" iron rod found at the southeast corner of
that certain 5.00 acre tract of land conveyed to Adkins Land
Development L.P, by Warranty Deed recorded in Document No.
2006054629 (O.P.R.W.C.T.), for an exterior ell corner in the south
line of the herein described tract;
THENCE, leaving said right-of-way line, the following three (3)
courses numbered 1 through 3,
1. N1923'57"W, with the east line of said 5.00 acre tract, a
distance of 466.86 feet to a 1/2" iron rod found at the northeast
corner of said 5.00 acre tract, for an interior ell corner in the
south line of the herein described tract,
2. S7036'11"W, with the north line of said 5.00 acre tract,
a distance of 466.62 feet to a 1/2" iron rod found at the northwest
corner of said 5.00 acre tract, for an interior ell corner in the
south line of the herein described tract,
3. S1923'34"E, with the west line of said 5.00 acre tract, a
distance of 466.75 feet to a 1/2" iron rod found at the southwest
corner of said 5.00 acre tract, said point being in the north
right-of-way line of said County Road 147, for an exterior ell comer
in the south line of the herein described tract;
THENCE, with the fenced right-of-way line of said County Road 147,
the following two (2) courses and distances numbered 1 and 2,
1. S7133'31"W, a distance of 218.98 feet to a fence post,
for an angle point,
2. S8655'25"W, a distance of 29.45 feet to a fence post,
said point being an ell turn in the northeasterly right-of-way line
of said County Road 147, same being the southwest comer of said 103
acre tract, for the southwest corner herein;
THENCE, with the west line of the herein described tract, the
following seven (7) courses numbered 1 through 7,
1. N1948'38"W, a distance of 933.55 feet to a 1/2" iron rod
found at the southwest corner of that certain 5.00 acre tract of
land conveyed to Louis Eschy III and Sheila J. Ischy by deed
recorded in Document No. 2001040530 (O.P.R.W.C.T.), for an exterior
ell corner in the west line of the herein described tract,
2. leaving said right-of-way line, N7021'26"E, following
the south line of said Ischy tract, a distance of 466.66 feet to a
1/2" iron rod found at the southeast corner of said Ischy tract, for
an interior ell corner in the west line of the herein described
tract,
3. N1938'15"W, with the east line of said Ischy tract, a
distance of 466.66 feet to a 1/2" iron rod found at the northeast
corner of said Ischy tract, for an interior ell corner in the west
line of the herein described tract,
4. S7021'31"W, with the north line of said Ischy tract, a
distance of 466.75 feet to an 1/2" iron rod found at the northwest
corner of said Ischy tract, said point being in the east
right-of-way line of said County Road 147, for an exterior ell
corner in the west line of the herein described tract,
5. along said east right-of-way line, N1937'05"W, a
distance of 90.02 feet to an 1/2" iron rod found at the southwest
corner of said 4.127 acre Byrd tract, for an exterior ell corner in
the west line of the herein described tract,
6. leaving said right-of-way line, N6941'13"E, with the
south line of said Byrd tract, a distance of 360.68 feet to a fence
post at the southeast corner of said Byrd tract, for an interior ell
corner in the west line of the herein described tract,
7. N1931'49"W, with the east line of said Byrd tract, a
distance of 496.05 feet to the POINT OF BEGINNING containing 85.237
Acres Of Land.
TRACT SIX:
Being 100.00 acres of the Burrell Eaves Survey, Abstract No.
216, Williamson County, Texas. This property includes part of
Tracts 1 and 3 which were conveyed to J.N. Adkins, et. ux. of record
in Vol. 328, Pg. 331, Deed Records of Williamson County, Texas.
This tract was surveyed on the ground in August of 2005, by William
F. Forest, Jr., Registered Professional Land Surveyor No. 1847.
BEGINNING at an iron pin which was set at the Southeast fence
corner of the J.N. Adkins tract called 140.8 acres (Tract 3) as
described in Vol. 328, Pg. 331. This corner exists at the
intersection of the West line of County Road 234 with the North line
of County Road 143.
THENCE along or near the general line of an existing fence
with the North line of County Road 143, S 70 deg. 03 min. 56 sec. W
1109.27 feet to an iron pin set.
THENCE with the boundary of a 4.99 acre tract which was
conveyed to Kemp Trust as described in Doc. 2001006723; N 34 deg. 20
min. 49 sec. W 706.93 feet to an iron pin found; and S 49 deg. 32
min. 11 sec. W 467.33 feet to an iron pin found.
THENCE with the Northeast line of State Highway 195, along or
near the general line of an existing fence, N 58 deg. 30 min. 09 sec.
W 451.94 feet to a concrete right-of-way marker found; and N 58 deg.
29 min. 05 sec. W 747.32 feet to an iron pin set.
THENCE with the boundary of a 414.78 acre tract surveyed this
date, N 31 deg. 30 min. 55 sec. E 1459.02 feet to an iron pin set;
and N 88 deg. 21 min.38 sec. E 1669.98 feet to an iron pin set.
THENCE with the boundary of the 4 1/4 acre tract conveyed to
the Church of Christ at Strickland Grove as described in Vol. 111,
Pg. 510, S 07 deg. 43 min. 05 sec. E 283.91 feet to an iron pin set;
and N 87 deg. 56 min. 23 sec. E 488.74 feet to a steel cotton spindle
set.
THENCE with the West line of County Road 234, along or near
the general line of an existing fence, setting iron pins at bends as
follows: S 23 deg. 07 min. 23 sec. W 842.18 feet; S 16 deg. 01 min.
02 sec. W 69.58 feet; S 01 deg. 17 min. 24 sec. W 21.50 feet; S 06
deg. 55 min. 45 sec. E 27.00 feet; S 11 deg. 23 min. 45 sec. E 68.43
feet; and S 18 deg. 12 min. 26 sec. E 616.09 feet to the POINT OF
BEGINNING.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4817 was passed by the House on May
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4817 on May 31, 2009, by the following vote: Yeas 143, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4817 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor