Texas 2009 - 81st Regular

Texas House Bill HB4817 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	H.B. No. 4817
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Goodwater Municipal Utility
6	6	District No. 1; providing authority to impose taxes and issue
7	7	bonds; granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle X, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 11004 to read as follows:
11	11	CHAPTER 11004. GOODWATER MUNICIPAL UTILITY DISTRICT NO. 1
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 11004.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Goodwater Municipal Utility
17	17	District No. 1.
18	18	Sec. 11004.002. NATURE OF DISTRICT. The district is a
19	19	combined powers district created under Section 59, Article XVI,
20	20	Texas Constitution.
21	21	Sec. 11004.003. CONFIRMATION AND DIRECTORS' ELECTION
22	22	REQUIRED. The temporary directors shall hold an election to
23	23	confirm the creation of the district and to elect five permanent
24	24	directors as provided by Section 49.102, Water Code.
25	25	Sec. 11004.004. CONSENT OF MUNICIPALITY REQUIRED. The
26	26	temporary directors may not hold an election under Section
27	27	11004.003 until each municipality in whose corporate limits or
28	28	extraterritorial jurisdiction the district is located has
29	29	consented by ordinance or resolution to the creation of the
30	30	district and to the inclusion of land in the district.
31	31	Sec. 11004.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
32	32	(a) The district is created to serve a public purpose and benefit.
33	33	(b) The district is created to accomplish the purposes of:
34	34	(1) a municipal utility district as provided by
35	35	general law and Section 59, Article XVI, Texas Constitution;
36	36	(2) Section 52, Article III, Texas Constitution, that
37	37	relate to the construction, acquisition, improvement, operation,
38	38	or maintenance of macadamized, graveled, or paved roads, or
39	39	improvements, including storm drainage, in aid of those roads; and
40	40	(3) Section 52-a, Article III, Texas Constitution, to
41	41	promote, develop, encourage, and maintain employment, commerce,
42	42	economic development, and the public welfare in the district.
43	43	Sec. 11004.006. 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	Sec. 11004.007. RELATION TO OTHER LAW. If any provision of
57	57	the general law, including a provision incorporated by reference in
58	58	this chapter, is in conflict or inconsistent with this chapter,
59	59	this chapter prevails.
60	60	Sec. 11004.008. LIBERAL CONSTRUCTION OF CHAPTER. This
61	61	chapter shall be liberally construed in conformity with the
62	62	findings and purposes stated in this chapter.
63	63	[Sections 11004.009-11004.050 reserved for expansion]
64	64	SUBCHAPTER B. BOARD OF DIRECTORS
65	65	Sec. 11004.051. GOVERNING BODY; TERMS. (a) The district is
66	66	governed by a board of five elected directors.
67	67	(b) Except as provided by Section 11004.052, directors
68	68	serve staggered four-year terms.
69	69	Sec. 11004.052. TEMPORARY DIRECTORS. (a) On or after the
70	70	effective date of the Act creating this chapter, the owner or owners
71	71	of a majority of the assessed value of the real property in the
72	72	district may submit a petition to the Texas Commission on
73	73	Environmental Quality requesting that the commission appoint as
74	74	temporary directors the five persons named in the petition. The
75	75	commission shall appoint as temporary directors the five persons
76	76	named in the petition.
77	77	(b) Temporary directors serve until the earlier of:
78	78	(1) the date permanent directors are elected under
79	79	Section 11004.003; or
80	80	(2) the fourth anniversary of the effective date of
81	81	the Act creating this chapter.
82	82	(c) If permanent directors have not been elected under
83	83	Section 11004.003 and the terms of the temporary directors have
84	84	expired, successor temporary directors shall be appointed or
85	85	reappointed as provided by Subsection (d) to serve terms that
86	86	expire on the earlier of:
87	87	(1) the date permanent directors are elected under
88	88	Section 11004.003; or
89	89	(2) the fourth anniversary of the date of the
90	90	appointment or reappointment.
91	91	(d) If Subsection (c) applies, the owner or owners of a
92	92	majority of the assessed value of the real property in the district
93	93	may submit a petition to the Texas Commission on Environmental
94	94	Quality requesting that the commission appoint as successor
95	95	temporary directors the five persons named in the petition. The
96	96	commission shall appoint as successor temporary directors the five
97	97	persons named in the petition.
98	98	[Sections 11004.053-11004.100 reserved for expansion]
99	99	SUBCHAPTER C. POWERS AND DUTIES
100	100	Sec. 11004.101. GENERAL POWERS AND DUTIES. The district
101	101	has the powers and duties necessary to accomplish the purposes for
102	102	which the district is created.
103	103	Sec. 11004.102. MUNICIPAL UTILITY DISTRICT POWERS AND
104	104	DUTIES. The district has the powers and duties provided by the
105	105	general law of this state, including Chapters 49 and 54, Water Code,
106	106	applicable to municipal utility districts created under Section 59,
107	107	Article XVI, Texas Constitution.
108	108	Sec. 11004.103. AUTHORITY FOR ROAD PROJECTS. Under Section
109	109	52, Article III, Texas Constitution, the district may design,
110	110	acquire, construct, finance, issue bonds for, improve, operate,
111	111	maintain, and convey to this state, a county, or a municipality for
112	112	operation and maintenance macadamized, graveled, or paved roads, or
113	113	improvements, including storm drainage, in aid of those roads.
114	114	Sec. 11004.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
115	115	road project must meet all applicable construction standards,
116	116	zoning and subdivision requirements, and regulations of each
117	117	municipality in whose corporate limits or extraterritorial
118	118	jurisdiction the road project is located.
119	119	(b) If a road project is not located in the corporate limits
120	120	or extraterritorial jurisdiction of a municipality, the road
121	121	project must meet all applicable construction standards,
122	122	subdivision requirements, and regulations of each county in which
123	123	the road project is located.
124	124	(c) If the state will maintain and operate the road, the
125	125	Texas Transportation Commission must approve the plans and
126	126	specifications of the road project.
127	127	Sec. 11004.105. STREET REPAIR AND MAINTENANCE. (a) After
128	128	the 10th anniversary of the effective date of the Act creating this
129	129	chapter, the district, at the district's expense, shall repair and
130	130	maintain any streets in the district.
131	131	(b) A district's repair and maintenance of streets under
132	132	this section must meet all applicable construction standards and
133	133	regulations of the City of Georgetown and Williamson County.
134	134	Sec. 11004.106. REGIONAL WASTE DISPOSAL POWERS AND DUTIES.
135	135	The district has the powers and duties applicable to a district
136	136	under Chapter 30, Water Code.
137	137	Sec. 11004.107. WASTEWATER TREATMENT FACILITY DESIGN
138	138	APPROVAL. The district must obtain the approval of the Brazos River
139	139	Authority for the design of any district wastewater treatment
140	140	facility.
141	141	Sec. 11004.108. WASTEWATER SERVICE PROVIDERS. Only the
142	142	Brazos River Authority or a provider approved by the Brazos River
143	143	Authority may provide wastewater service in the district.
144	144	Sec. 11004.109. COMPLIANCE WITH FEBRUARY 2005 AGREEMENT.
145	145	The district shall comply with the terms of the "Agreement
146	146	Regarding Sewer Services Areas and Customers" among the Lower
147	147	Colorado River Authority, the Brazos River Authority, the City of
148	148	Georgetown, the City of Liberty Hill, and the Chisholm Trail
149	149	Special Utility District dated February 1, 2005.
150	150	Sec. 11004.110. DIVISION OF DISTRICT. (a) The district may
151	151	be divided into two or more new districts only if:
152	152	(1) the district has no outstanding bonded debt; and
153	153	(2) the district is not imposing ad valorem taxes.
154	154	(b) This chapter applies to any new district created by the
155	155	division of the district, and a new district has all the powers and
156	156	duties of the district.
157	157	(c) Any new district created by the division of the district
158	158	may not, at the time the new district is created, contain any land
159	159	outside the area described by Section 2 of the Act creating this
160	160	chapter.
161	161	(d) The board, on its own motion or on receipt of a petition
162	162	signed by the owner or owners of a majority of the assessed value of
163	163	the real property in the district, may adopt an order dividing the
164	164	district.
165	165	(e) The board may adopt an order dividing the district
166	166	before or after the date the board holds an election under Section
167	167	11004.003 to confirm the district's creation.
168	168	(f) An order dividing the district shall:
169	169	(1) name each new district;
170	170	(2) include the metes and bounds description of the
171	171	territory of each new district;
172	172	(3) appoint temporary directors for each new district
173	173	or provide that the owner or owner of a majority of the assessed
174	174	value of the real property in each new district may submit a
175	175	petition to the Texas Commission on Environmental Quality
176	176	requesting that the commission appoint as temporary directors the
177	177	five persons named in the petition; and
178	178	(4) provide for the division of assets and liabilities
179	179	between or among the new districts.
180	180	(g) On or before the 30th day after the date of adoption of
181	181	an order dividing the district, the district shall file the order
182	182	with the commission and record the order in the real property
183	183	records of each county in which the district is located.
184	184	(h) Any new district created by the division of the district
185	185	shall hold a confirmation and directors' election as required by
186	186	Section 11004.003. A new district that is not confirmed is subject
187	187	to dissolution under general laws.
188	188	(i) Municipal consent to the creation of the district and to
189	189	the inclusion of land in the district granted under Section
190	190	11004.004 acts as municipal consent to the creation of any new
191	191	district created under this section and to the inclusion of land in
192	192	the new district.
193	193	(j) Any new district created by the division of the district
194	194	must hold an election as required by this chapter to obtain voter
195	195	approval before the district may impose a maintenance tax or issue
196	196	bonds payable wholly or partly from ad valorem taxes.
197	197	Sec. 11004.111. COMPLIANCE WITH MUNICIPAL CONSENT
198	198	ORDINANCE OR RESOLUTION. The district shall comply with all
199	199	applicable requirements of any ordinance or resolution that is
200	200	adopted under Section 54.016 or 54.0165, Water Code, and that
201	201	consents to the creation of the district or to the inclusion of land
202	202	in the district.
203	203	Sec. 11004.112. LIBRARIES. The district may exercise the
204	204	powers of a library district under Chapter 326, Local Government
205	205	Code.
206	206	Sec. 11004.113. EXERCISE OF POWERS OF DEVELOPMENT
207	207	CORPORATION. The district may exercise the powers of a development
208	208	corporation under Chapter 505, Local Government Code.
209	209	Sec. 11004.114. LIMITATION ON USE OF EMINENT DOMAIN. The
210	210	district may not exercise the power of eminent domain outside the
211	211	district to acquire a site or easement for:
212	212	(1) a road project authorized by Section 11004.103;
213	213	or
214	214	(2) a recreational facility as defined by Section
215	215	49.462, Water Code.
216	216	[Sections 11004.115-11004.150 reserved for expansion]
217	217	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
218	218	Sec. 11004.151. ELECTIONS REGARDING TAXES OR BONDS. (a)
219	219	The district may issue, without an election, bonds and other
220	220	obligations secured by:
221	221	(1) revenue other than ad valorem taxes; or
222	222	(2) contract payments described by Section 11004.153.
223	223	(b) The district must hold an election in the manner
224	224	provided by Chapters 49 and 54, Water Code, to obtain voter approval
225	225	before the district may impose an ad valorem tax, impose a sales or
226	226	use tax, or issue bonds payable from ad valorem taxes.
227	227	(c) The district may not issue bonds payable from ad valorem
228	228	taxes to finance a road project unless the issuance is approved by a
229	229	vote of a two-thirds majority of the district voters voting at an
230	230	election held for that purpose.
231	231	Sec. 11004.152. OPERATION AND MAINTENANCE TAX. (a) If
232	232	authorized at an election held under Section 11004.151, the
233	233	district may impose an operation and maintenance tax on taxable
234	234	property in the district in accordance with Section 49.107, Water
235	235	Code.
236	236	(b) The board shall determine the tax rate. The rate may not
237	237	exceed the rate approved at the election.
238	238	Sec. 11004.153. CONTRACT TAXES. (a) In accordance with
239	239	Section 49.108, Water Code, the district may impose a tax other than
240	240	an operation and maintenance tax and use the revenue derived from
241	241	the tax to make payments under a contract after the provisions of
242	242	the contract have been approved by a majority of the district voters
243	243	voting at an election held for that purpose.
244	244	(b) A contract approved by the district voters may contain a
245	245	provision stating that the contract may be modified or amended by
246	246	the board without further voter approval.
247	247	[Sections 11004.154-11004.200 reserved for expansion]
248	248	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
249	249	Sec. 11004.201. AUTHORITY TO ISSUE BONDS AND OTHER
250	250	OBLIGATIONS. The district may issue bonds or other obligations
251	251	payable wholly or partly from ad valorem taxes, impact fees,
252	252	revenue, contract payments, grants, or other district money, or any
253	253	combination of those sources, to pay for any authorized district
254	254	purpose.
255	255	Sec. 11004.202. TAXES FOR BONDS. At the time the district
256	256	issues bonds payable wholly or partly from ad valorem taxes, the
257	257	board shall provide for the annual imposition of a continuing
258	258	direct ad valorem tax, without limit as to rate or amount, while all
259	259	or part of the bonds are outstanding as required and in the manner
260	260	provided by Sections 54.601 and 54.602, Water Code.
261	261	Sec. 11004.203. BONDS FOR ROAD PROJECTS. At the time of
262	262	issuance, the total principal amount of bonds or other obligations
263	263	issued or incurred to finance road projects and payable from ad
264	264	valorem taxes may not exceed one-fourth of the assessed value of the
265	265	real property in the district.
266	266	SECTION 2. The Goodwater Municipal Utility District No. 1
267	267	initially includes all the territory contained in the following
268	268	area:
269	269	TRACT ONE:
270	270	BEING 414.78 acres of the Burrell Eaves Survey, Abstract No.
271	271	216, in Williamson County, Texas. This tract includes part of the
272	272	property (3 tracts) which were conveyed to J. N. Adkins, et ux. of
273	273	record in Vol. 328, Pg. 331, Deed Records of Williamson County,
274	274	Texas. This tract was surveyed on the ground in August of 2005, by
275	275	William F. Forest, Jr., Registered Professional Land Surveyor No.
276	276	1847.
277	277	BEGINNING at an iron pin which was set at the Northeast fence
278	278	corner of the J.N. Adkins tract called 34.2 acres (Tract 2) as
279	279	described in Vol. 328, Pg. 331. This corner exists at the
280	280	intersection of the South line of County Road 147 with the West line
281	281	of County Road 234.
282	282	THENCE along or near the general line of an existing fence
283	283	with the West line of County Road 234, setting iron pins as follows;
284	284	S 14 deg. 12 min. 16 sec. W 1006.11 feet; S 14 deg. 51 min. 53 sec. W
285	285	992.84 feet; and S 13 deg. 33 min. 34 sec. W 416.78 feet to the
286	286	Northeast corner of the 4 1/4 acre property conveyed to the Church
287	287	of Christ at Strickland Grove by deed of record in Vol. 111, Pg.
288	288	510.
289	289	THENCE with the North line of the Church tract (upstream with
290	290	the approximate center of Bee Branch), setting iron pins as
291	291	follows; S 86 deg, 12 min. 17 sec. W 65.40 feet; S 68 deg. 12 min. 42
292	292	sec. W 142.18 feet; N 68 deg. 33 min. 45 sec. W 28.04 feet; N 41 deg.
293	293	48 min. 23 sec. W 175.27 feet; S 79 deg. 35 min. 37 sec. W 102.40
294	294	feet; and S 67 deg. 20 min. 59 sec. W 225.13 feet.
295	295	THENCE with the boundary of a 100 acre tract surveyed this
296	296	date, S 88 deg. 21 min. 38 sec. W 1669.98 feet to an iron pin set;
297	297	and S 31 deg. 30 min. 55 sec. W 1459.02 feet to an iron pin set.
298	298	THENCE with the North line of State Highway 195, along or near
299	299	the general line of an existing fence, finding concrete
300	300	right-of-way markers, N 58 deg. 29 min. 05 sec. W 252.06 feet; N 58
301	301	deg. 28 min. 23 sec. W 2000.17 feet; and N 58 deg. 29 min. 43 sec. W
302	302	289.47 feet to an iron pin found.
303	303	THENCE with the East boundary of the Crisanto Perez property
304	304	described in Vol. 1470, pg. 298, along or near the general line of
305	305	an existing fence, N 23 deg. 39 min. 06 sec. W 2206.68 feet to a pipe
306	306	post found.
307	307	THENCE with the boundary of County Road 147, along or near the
308	308	general line of an existing fence setting iron pins as follows; N 69
309	309	deg. 45 min. 29 sec. E 422.90 feet; N 69 deg. 55 min. 48 sec. E
310	310	1885.44 feet; N 70 deg. 04 min. 45 sec. E 2297.59 feet; N 87 deg. 50
311	311	min. 55 sec. E 59.60 feet; S 19 deg. 47 min. 36 sec. E 1977.28 feet;
312	312	and N 70 deg. 44 min. 56 sec. E 1774.08 feet to the POINT OF
313	313	BEGINNING.
314	314	TRACT TWO:
315	315	A tract or parcel of land containing 4.988 acres of land out
316	316	of the Burrell Eaves Survey, Abstract No. 216, Williamson County,
317	317	Texas, being all of a called 4.99 acre tract conveyed to the William
318	318	Erwin Kemp and Margaret Elizabeth Kemp Trust recorded under
319	319	Document No. 2001006723 of the Official Public Records Of
320	320	Williamson County, Texas, said 4.988 acres being more particularly
321	321	described by metes and bounds as follows:
322	322	BEGINNING at a 1/2 inch iron rod found at the most westerly corner
323	323	of the herein described tract, being a southerly corner of said
324	324	Third Tract, a residue of a 140.8 acre tract conveyed to J.N.
325	325	Adkins, et ux recorded in Volume 328, Page 331 of the Deed Records
326	326	of Williamson County, Texas and lying in the northeasterly
327	327	right-of-way line of Highway 195;
328	328	Thence, North 5055'10" East, along an interior line of said Third
329	329	Tract, a distance of 467.27 feet to a 1/2 inch iron rod found at the
330	330	most northerly corner of the herein described tract;
331	331	Thence, South 3300'00" East (Bearing Basis), along an interior line
332	332	of said Third Tract, a distance of 707.49 feet to a 1/2 inch iron rod
333	333	found at the most east corner of the herein described tract and
334	334	lying in the northerly right-of-way line of County Road 143;
335	335	Thence, South 7037'00" West, along the northerly right-of-way line
336	336	of said County Road 143, a distance of 147.18 feet to a 1/2 inch iron
337	337	rod set at an angle point of the herein described tract;
338	338	Thence, South 7357'48" West, continuing along the northerly
339	339	right-of-way line of said County Road 143, a distance of 60.48 feet
340	340	to a 1/2 inch iron rod found at the most southerly corner of the
341	341	herein described tract, being in the northeasterly right-of-way
342	342	line of said Highway 195 and being the beginning of a curve to the
343	343	left;
344	344	Thence, along the northeasterly right-of-way line of said Highway
345	345	195 along said curve to the left through a central angle of 0212'49"
346	346	to a 1/2 inch iron rod set for a point of tangency, said curve having
347	347	a radius of 8235.11 feet, an arc length of 318.14 feet, and a long
348	348	chord bearing of North 5600'26" West, 318.12 feet;
349	349	Thence, North 5701'00" West, continuing along the northeasterly
350	350	right-of-way line of said Highway 195, a distance of 342.54 feet to
351	351	the POINT OF BEGINNING, containing 4.988 acres of land.
352	352	TRACT THREE:
353	353	Being 1.00 acre of the Burrell Eaves Survey, Abstract No.
354	354	261, in Williamson County, Texas, part of a 103 acre tract which is
355	355	described in Vol. 757, Page 461, Deed Records of Williamson County,
356	356	Texas. Surveyed on the ground in October of 1984, by W.F. Forest,
357	357	Registered Public Surveyor No. 101.
358	358	BEGINNING at an iron pin set about 1 foot North of a fence in the
359	359	North line of County Road 147, 35 feet wide. A nail set by the
360	360	Southeast fence corner of the said 103 acre tract bears N 7207' E
361	361	251.03 feet.
362	362	THENCE S 7207' W 150.0 feet to set an iron pin.
363	363	THENCE N 1753" W 290.4 feet to set an iron pin.
364	364	THENCE N 7207' E 150.0 feet to set an iron pin.
365	365	THENCE S 1753' E 290.4 feet to the POINT OF BEGINNING.
366	366	TRACT FOUR:
367	367	Being 5.00 acres of land located in the Burrell Eaves Survey,
368	368	Abstract No. 216, Williamson County, Texas, being out of and part of
369	369	that certain 103 acre tract as recorded in document no. 2002078621,
370	370	Official Public Records of Williamson County, Texas,
371	371	(O.P.R.W.C.T.), being the same 5.00 acres conveyed to Carl
372	372	Satterlee, et ux by deed recorded in Document No. 2001019450,
373	373	O.P.R.W.C.T., and being more particularly described by metes and
374	374	bounds as follows: (all bearings recited herein ARE BASED ON THE
375	375	MONUMENTED NORTH LINE OF THE SAID 103 ACRES);
376	376	BEGINNING, at a 1/2" iron rod found for the southeast corner of the
377	377	said 5.00 acres, being in a southerly line of the said 103 acres and
378	378	being in the north right-of-way line of County road 147;
379	379	THENCE, S 7036'46" W, along said north right-of-way line, a
380	380	distance of 466.67 feet to a 1/2" iron rod found for the southwest
381	381	corner herein;
382	382	THENCE, N 1923'51" W, departing said north right-of-way line, a
383	383	distance of 466.75 feet to a 1/2" iron rod found for the northwest
384	384	corner herein;
385	385	THENCE, N 7035'54" E, a distance of 466.62 feet to a 1/2" iron rod
386	386	found for the northeast corner herein;
387	387	THENCE, S 1924'14' E, a distance of 466.86 feet to the POINT OF
388	388	BEGINNING containing 5.00 acres of land, more or less.
389	389	TRACT FIVE:
390	390	Being 85.237 acres of land located in the Burrell Eaves
391	391	Survey, Abstract No. 216, Williamson County, Texas, said tract
392	392	being all of that certain called 103 acre tract of land conveyed to
393	393	Earline D. Ischy by warranty deed recorded in Document No.
394	394	2002078621, Official Public Records of Williamson County, Texas,
395	395	(O.P.R.W.C.T.), save and except the following certain tracts of
396	396	land: that certain 4.127 acre tract conveyed to Kay R. & Alvy A.
397	397	Byrd In Document No. 2003002085 (O.P.R.W.C.T.), that certain 1.00
398	398	acre tract of land conveyed to Gordon Crum & Joann Crum by warranty
399	399	deed recorded in Volume 1104, Page 337, Official Records of
400	400	Williamson County, Texas, (O.R.W.C.T.), that certain 5.00 acre
401	401	tract conveyed to Adkins Land Development, L.P. in Document No.
402	402	2006054629 (O.P.R.W.C.T.), that certain 5.00 acre tract conveyed to
403	403	Louis F. Ischy III & Sheila J. Ischy in Document No. 2001040530
404	404	(O.P.R.W.C.T.), and that certain 1.00 acre tract conveyed to Bruce
405	405	Levens in Document No. 2004072477 (O.P.R.W.C.T.), said 85.237 acre
406	406	tract being more particularly described by metes and bounds as
407	407	follows: (ALL BEARINGS RECITED HEREIN ARE BASED ON THE MONUMENTED
408	408	NORTH LINE OF THE SAID 103 ACRES);
409	409	COMMENCING for reference, at a 1/2" iron rod found at the northwest
410	410	corner of said 103 acre tract, said point being the common South
411	411	corner of those certain 5.0 acre and 27.39 acre tracts conveyed to
412	412	Darren Barker by deeds recorded in Volume 1415, Page 344
413	413	(O.R.W.C.T.), and Document No. 2006011593 (O.P.R.W.C.T.), the
414	414	northwest corner of that certain 4.127 acre tract of land conveyed
415	415	to Kay R. Byrd and Alvy A. Byrd by deed recorded in Document No.
416	416	2003002085 (O.P.R.W.C.T.), and being an ell turn in the
417	417	northeasterly right-of-way line of County Road 147;
418	418	THENCE, N6954'25"E, a distance of 341.99 feet to a nail found in a
419	419	fence post at the southeast corner of said 27.39 acre Barker tract,
420	420	same being the southwest corner of that certain 38.66 acre tract of
421	421	land conveyed to Richard Burson by deed recorded in Volume 498, Page
422	422	577 (O.R.W.C.T.), and N6955'59"E, a distance of 19.57 feet, to an
423	423	1/2" iron rod found at the northeast corner of said Byrd tract, for
424	424	the northwest corner and POINT OF BEGINNING;
425	425	THENCE, with the north line of said 103 acre tract, same being the
426	426	South line of said Burson tract, as fenced and used upon the ground,
427	427	the following three (3) courses numbered 1 through 3,
428	428	1. N6953'00"E, a distance of 1566.04 feet to a capped 1/2"
429	429	iron rod found (RPLS No. 4835), for an exterior angle point in the
430	430	north line of the herein described tract,
431	431	2. S2955'01"E, a distance of 225.22 feet to a 1/2" iron rod
432	432	found, for an interior angle point in the north line of the herein
433	433	described tract,
434	434	3. N7002'20"E, a distance of 669.19 feet to a nail found in
435	435	the west right-of-way line of County Road 234, for the northeast
436	436	corner herein;
437	437	THENCE, following said right-of-way line, same being the east line
438	438	of said 103 acre tract, as fenced and used upon the ground, the
439	439	following five (5) courses numbered 1 through 5,
440	440	1. S0111'54"E, a distance of 187.72 feet to a fence post,
441	441	for an angle point,
442	442	2. S0017'33"W, a distance of 144.21 feet to a fence post,
443	443	for an angle point,
444	444	3. S0233'16"W, a distance of 128.85 feet to a fence post,
445	445	for an angle point,
446	446	4. S0827'57"W, a distance of 469.22 feet to a fence post,
447	447	for an angle point,
448	448	5. S1032'20"W, 155.00 feet to a 1/2" iron rod set at
449	449	northeast corner of that certain 1.00 acre tract of land conveyed to
450	450	Bruce Levens by deed recorded in Document No. 2004072477
451	451	(O.P..R.W.C.T.), for an exterior ell corner in the east line of the
452	452	herein described tract;
453	453	THENCE, leaving said right-of-way line, following the north,
454	454	westerly, and south lines of said Levens tract, as fenced and used
455	455	upon the ground, the following four (4) courses numbered 1 through
456	456	4,
457	457	1. N8750'5l"W, a distance of 149.83 feet to a capped 1/2"
458	458	iron rod found (RPLS No. 4835) at the northwest corner of said
459	459	Levens tract, for an interior angle point of the herein described
460	460	tract,
461	461	2. S3909'37"W, a distance of 131.89 feet to a 1/2" iron rod
462	462	set, at an exterior angle point in the west line of said Levens
463	463	tract, same being an interior angle point in the east line of the
464	464	herein described tract,
465	465	3. S0143'30"E, a distance of 113.40 feet to a capped 1/2"
466	466	iron rod found (RPLS No. 4835), at the southwest corner of said
467	467	Levens tract, for an interior ell corner in the east line of the
468	468	herein described tract,
469	469	4. S8417'48"E, a distance of 209.17 feet to a 1/2" iron rod
470	470	set at the southeast comer of said Levens tract, said point being in
471	471	the West right-of-way line of said County Road 234, for an exterior
472	472	ell corner in the east line of the herein described tract;
473	473	THENCE, following said right-of-way line, same being the east line
474	474	of said 103 acre tract, the following two (2) courses numbered 1 and
475	475	2;
476	476	1. S0722'21"W, a distance of 407.91 feet to a fence post,
477	477	for an angle point,
478	478	2. S0742'02"W, a distance of 282.14 feet to a nail found in
479	479	a fence post, at the northwest intersection of said County Road 234
480	480	and said County Road 147, said point being the southeast of said 103
481	481	acre tract, for the southeast corner herein;
482	482	THENCE, S7035'27"W, following the north right-of-way line of said
483	483	County Road 147, same being the South line of said 103 acre tract, a
484	484	distance of 251.03 feet to a calculated point at the southeast
485	485	corner of said 1.00 acre Crum tract, for an exterior ell comer in
486	486	the south line of the herein described tract;
487	487	THENCE, the following three (3) courses numbered 1 through 3,
488	488	1. N1924'33"W, with the east line of said Crum tract, a
489	489	distance of 290.40 feet to a calculated point, at the northeast
490	490	corner of said Crum tract, for an interior ell corner in the south
491	491	line of the herein described tract,
492	492	2. S7035'27"W, with the north line of said Crum tract, a
493	493	distance of 150.00 feet to a calculated point at the northwest
494	494	corner of said Crum tract, for an interior ell corner in the south
495	495	line of the herein described tract,
496	496	3. S1924'33"E, with the west line of said Crum tract, a
497	497	distance of 290.40 feet to a calculated point at the southwest
498	498	corner of said Crum tract, said point being in the north
499	499	right-of-way line of said County Road 147, for an exterior ell
500	500	corner in the south line of the herein described tract;
501	501	THENCE, S7035'27"W, with the fenced right-of-way line, a distance
502	502	of 650.48 feet to a 1/2" iron rod found at the southeast corner of
503	503	that certain 5.00 acre tract of land conveyed to Adkins Land
504	504	Development L.P, by Warranty Deed recorded in Document No.
505	505	2006054629 (O.P.R.W.C.T.), for an exterior ell corner in the south
506	506	line of the herein described tract;
507	507	THENCE, leaving said right-of-way line, the following three (3)
508	508	courses numbered 1 through 3,
509	509	1. N1923'57"W, with the east line of said 5.00 acre tract, a
510	510	distance of 466.86 feet to a 1/2" iron rod found at the northeast
511	511	corner of said 5.00 acre tract, for an interior ell corner in the
512	512	south line of the herein described tract,
513	513	2. S7036'11"W, with the north line of said 5.00 acre tract,
514	514	a distance of 466.62 feet to a 1/2" iron rod found at the northwest
515	515	corner of said 5.00 acre tract, for an interior ell corner in the
516	516	south line of the herein described tract,
517	517	3. S1923'34"E, with the west line of said 5.00 acre tract, a
518	518	distance of 466.75 feet to a 1/2" iron rod found at the southwest
519	519	corner of said 5.00 acre tract, said point being in the north
520	520	right-of-way line of said County Road 147, for an exterior ell comer
521	521	in the south line of the herein described tract;
522	522	THENCE, with the fenced right-of-way line of said County Road 147,
523	523	the following two (2) courses and distances numbered 1 and 2,
524	524	1. S7133'31"W, a distance of 218.98 feet to a fence post,
525	525	for an angle point,
526	526	2. S8655'25"W, a distance of 29.45 feet to a fence post,
527	527	said point being an ell turn in the northeasterly right-of-way line
528	528	of said County Road 147, same being the southwest comer of said 103
529	529	acre tract, for the southwest corner herein;
530	530	THENCE, with the west line of the herein described tract, the
531	531	following seven (7) courses numbered 1 through 7,
532	532	1. N1948'38"W, a distance of 933.55 feet to a 1/2" iron rod
533	533	found at the southwest corner of that certain 5.00 acre tract of
534	534	land conveyed to Louis Eschy III and Sheila J. Ischy by deed
535	535	recorded in Document No. 2001040530 (O.P.R.W.C.T.), for an exterior
536	536	ell corner in the west line of the herein described tract,
537	537	2. leaving said right-of-way line, N7021'26"E, following
538	538	the south line of said Ischy tract, a distance of 466.66 feet to a
539	539	1/2" iron rod found at the southeast corner of said Ischy tract, for
540	540	an interior ell corner in the west line of the herein described
541	541	tract,
542	542	3. N1938'15"W, with the east line of said Ischy tract, a
543	543	distance of 466.66 feet to a 1/2" iron rod found at the northeast
544	544	corner of said Ischy tract, for an interior ell corner in the west
545	545	line of the herein described tract,
546	546	4. S7021'31"W, with the north line of said Ischy tract, a
547	547	distance of 466.75 feet to an 1/2" iron rod found at the northwest
548	548	corner of said Ischy tract, said point being in the east
549	549	right-of-way line of said County Road 147, for an exterior ell
550	550	corner in the west line of the herein described tract,
551	551	5. along said east right-of-way line, N1937'05"W, a
552	552	distance of 90.02 feet to an 1/2" iron rod found at the southwest
553	553	corner of said 4.127 acre Byrd tract, for an exterior ell corner in
554	554	the west line of the herein described tract,
555	555	6. leaving said right-of-way line, N6941'13"E, with the
556	556	south line of said Byrd tract, a distance of 360.68 feet to a fence
557	557	post at the southeast corner of said Byrd tract, for an interior ell
558	558	corner in the west line of the herein described tract,
559	559	7. N1931'49"W, with the east line of said Byrd tract, a
560	560	distance of 496.05 feet to the POINT OF BEGINNING containing 85.237
561	561	Acres Of Land.
562	562	TRACT SIX:
563	563	Being 100.00 acres of the Burrell Eaves Survey, Abstract No.
564	564	216, Williamson County, Texas. This property includes part of
565	565	Tracts 1 and 3 which were conveyed to J.N. Adkins, et. ux. of record
566	566	in Vol. 328, Pg. 331, Deed Records of Williamson County, Texas.
567	567	This tract was surveyed on the ground in August of 2005, by William
568	568	F. Forest, Jr., Registered Professional Land Surveyor No. 1847.
569	569	BEGINNING at an iron pin which was set at the Southeast fence
570	570	corner of the J.N. Adkins tract called 140.8 acres (Tract 3) as
571	571	described in Vol. 328, Pg. 331. This corner exists at the
572	572	intersection of the West line of County Road 234 with the North line
573	573	of County Road 143.
574	574	THENCE along or near the general line of an existing fence
575	575	with the North line of County Road 143, S 70 deg. 03 min. 56 sec. W
576	576	1109.27 feet to an iron pin set.
577	577	THENCE with the boundary of a 4.99 acre tract which was
578	578	conveyed to Kemp Trust as described in Doc. 2001006723; N 34 deg. 20
579	579	min. 49 sec. W 706.93 feet to an iron pin found; and S 49 deg. 32
580	580	min. 11 sec. W 467.33 feet to an iron pin found.
581	581	THENCE with the Northeast line of State Highway 195, along or
582	582	near the general line of an existing fence, N 58 deg. 30 min. 09 sec.
583	583	W 451.94 feet to a concrete right-of-way marker found; and N 58 deg.
584	584	29 min. 05 sec. W 747.32 feet to an iron pin set.
585	585	THENCE with the boundary of a 414.78 acre tract surveyed this
586	586	date, N 31 deg. 30 min. 55 sec. E 1459.02 feet to an iron pin set;
587	587	and N 88 deg. 21 min.38 sec. E 1669.98 feet to an iron pin set.
588	588	THENCE with the boundary of the 4 1/4 acre tract conveyed to
589	589	the Church of Christ at Strickland Grove as described in Vol. 111,
590	590	Pg. 510, S 07 deg. 43 min. 05 sec. E 283.91 feet to an iron pin set;
591	591	and N 87 deg. 56 min. 23 sec. E 488.74 feet to a steel cotton spindle
592	592	set.
593	593	THENCE with the West line of County Road 234, along or near
594	594	the general line of an existing fence, setting iron pins at bends as
595	595	follows: S 23 deg. 07 min. 23 sec. W 842.18 feet; S 16 deg. 01 min.
596	596	02 sec. W 69.58 feet; S 01 deg. 17 min. 24 sec. W 21.50 feet; S 06
597	597	deg. 55 min. 45 sec. E 27.00 feet; S 11 deg. 23 min. 45 sec. E 68.43
598	598	feet; and S 18 deg. 12 min. 26 sec. E 616.09 feet to the POINT OF
599	599	BEGINNING.
600	600	SECTION 3. (a) The legal notice of the intention to
601	601	introduce this Act, setting forth the general substance of this
602	602	Act, has been published as provided by law, and the notice and a
603	603	copy of this Act have been furnished to all persons, agencies,
604	604	officials, or entities to which they are required to be furnished
605	605	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
606	606	Government Code.
607	607	(b) The governor, one of the required recipients, has
608	608	submitted the notice and Act to the Texas Commission on
609	609	Environmental Quality.
610	610	(c) The Texas Commission on Environmental Quality has filed
611	611	its recommendations relating to this Act with the governor, the
612	612	lieutenant governor, and the speaker of the house of
613	613	representatives within the required time.
614	614	(d) All requirements of the constitution and laws of this
615	615	state and the rules and procedures of the legislature with respect
616	616	to the notice, introduction, and passage of this Act are fulfilled
617	617	and accomplished.
618	618	SECTION 4. This Act takes effect immediately if it receives
619	619	a vote of two-thirds of all the members elected to each house, as
620	620	provided by Section 39, Article III, Texas Constitution. If this
621	621	Act does not receive the vote necessary for immediate effect, this
622	622	Act takes effect September 1, 2009.
623	623	______________________________ ______________________________
624	624	President of the Senate Speaker of the House
625	625	I certify that H.B. No. 4817 was passed by the House on May
626	626	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
627	627	voting; and that the House concurred in Senate amendments to H.B.
628	628	No. 4817 on May 31, 2009, by the following vote: Yeas 143, Nays 0,
629	629	1 present, not voting.
630	630	______________________________
631	631	Chief Clerk of the House
632	632	I certify that H.B. No. 4817 was passed by the Senate, with
633	633	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
634	634	0.
635	635	______________________________
636	636	Secretary of the Senate
637	637	APPROVED: __________________
638	638	Date
639	639	__________________
640	640	Governor