Texas 2009 - 81st Regular

Texas Senate Bill SB1116 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6252 PMO-F
2	2	By: Hegar S.B. No. 1116
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Fort Bend County Municipal Utility
8	8	District No. 204; 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 8331 to read as follows:
13	13	CHAPTER 8331. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 204
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8331.001. 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 Fort Bend County Municipal
19	19	Utility District No. 204.
20	20	Sec. 8331.002. 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. 8331.003. 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. 8331.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
28	28	The district is created to serve a public purpose and benefit.
29	29	(b) The district is created to accomplish the purposes of:
30	30	(1) a municipal utility district as provided by
31	31	general law and Section 59, Article XVI, Texas Constitution; and
32	32	(2) Section 52, Article III, Texas Constitution, that
33	33	relate to the construction, acquisition, or improvement of
34	34	macadamized, graveled, or paved roads described by Section 54.234,
35	35	Water Code, or improvements, including storm drainage, in aid of
36	36	those roads.
37	37	Sec. 8331.005. INITIAL DISTRICT TERRITORY. (a) The
38	38	district is initially composed of the territory described by
39	39	Section 2 of the Act creating this chapter.
40	40	(b) The boundaries and field notes contained in Section 2 of
41	41	the Act creating this chapter form a closure. A mistake made in the
42	42	field notes or in copying the field notes in the legislative process
43	43	does not affect the district's:
44	44	(1) organization, existence, or validity;
45	45	(2) right to issue any type of bond for the purposes
46	46	for which the district is created or to pay the principal of and
47	47	interest on a bond;
48	48	(3) right to impose a tax; or
49	49	(4) legality or operation.
50	50	[Sections 8331.006-8331.050 reserved for expansion]
51	51	SUBCHAPTER B. BOARD OF DIRECTORS
52	52	Sec. 8331.051. GOVERNING BODY; TERMS. (a) The district is
53	53	governed by a board of five elected directors.
54	54	(b) Except as provided by Section 8331.052, directors serve
55	55	staggered four-year terms.
56	56	Sec. 8331.052. TEMPORARY DIRECTORS. (a) On or after the
57	57	effective date of the Act creating this chapter, the owner or owners
58	58	of a majority of the assessed value of the real property in the
59	59	district may submit a petition to the Texas Commission on
60	60	Environmental Quality requesting that the commission appoint as
61	61	temporary directors the five persons named in the petition. The
62	62	commission shall appoint as temporary directors the five persons
63	63	named in the petition.
64	64	(b) Temporary directors serve until the earlier of:
65	65	(1) the date permanent directors are elected under
66	66	Section 8331.003; or
67	67	(2) the fourth anniversary of the effective date of
68	68	the Act creating this chapter.
69	69	(c) If permanent directors have not been elected under
70	70	Section 8331.003 and the terms of the temporary directors have
71	71	expired, successor temporary directors shall be appointed or
72	72	reappointed as provided by Subsection (d) to serve terms that
73	73	expire on the earlier of:
74	74	(1) the date permanent directors are elected under
75	75	Section 8331.003; or
76	76	(2) the fourth anniversary of the date of the
77	77	appointment or reappointment.
78	78	(d) If Subsection (c) applies, the owner or owners of a
79	79	majority of the assessed value of the real property in the district
80	80	may submit a petition to the commission requesting that the
81	81	commission appoint as successor temporary directors the five
82	82	persons named in the petition. The commission shall appoint as
83	83	successor temporary directors the five persons named in the
84	84	petition.
85	85	[Sections 8331.053-8331.100 reserved for expansion]
86	86	SUBCHAPTER C. POWERS AND DUTIES
87	87	Sec. 8331.101. GENERAL POWERS AND DUTIES. The district has
88	88	the powers and duties necessary to accomplish the purposes for
89	89	which the district is created.
90	90	Sec. 8331.102. MUNICIPAL UTILITY DISTRICT POWERS AND
91	91	DUTIES. The district has the powers and duties provided by the
92	92	general law of this state, including Chapters 49 and 54, Water Code,
93	93	applicable to municipal utility districts created under Section 59,
94	94	Article XVI, Texas Constitution.
95	95	Sec. 8331.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
96	96	Section 52, Article III, Texas Constitution, the district may
97	97	design, acquire, construct, finance, issue bonds for, improve, and
98	98	convey to this state, a county, or a municipality for operation and
99	99	maintenance macadamized, graveled, or paved roads described by
100	100	Section 54.234, Water Code, or improvements, including storm
101	101	drainage, in aid of those roads.
102	102	(b) The district may exercise the powers provided by this
103	103	section without submitting a petition to or obtaining approval from
104	104	the Texas Commission on Environmental Quality as required by
105	105	Section 54.234, Water Code.
106	106	Sec. 8331.104. APPROVAL OF ROAD PROJECT. (a) The district
107	107	may not undertake a road project authorized by Section 8331.103
108	108	unless:
109	109	(1) each municipality or county that will operate and
110	110	maintain the road has approved the plans and specifications of the
111	111	road project, if a municipality or county will operate and maintain
112	112	the road; or
113	113	(2) the Texas Transportation Commission has approved
114	114	the plans and specifications of the road project, if the state will
115	115	operate and maintain the road.
116	116	(b) Except as provided by Subsection (a), the district is
117	117	not required to obtain approval from the Texas Transportation
118	118	Commission to design, acquire, construct, finance, issue bonds for,
119	119	improve, or convey a road project.
120	120	Sec. 8331.105. LIMITATION ON USE OF EMINENT DOMAIN. The
121	121	district may not exercise the power of eminent domain outside the
122	122	district to acquire a site or easement for:
123	123	(1) a road project authorized by Section 8331.103; or
124	124	(2) a recreational facility as defined by Section
125	125	49.462, Water Code.
126	126	[Sections 8331.106-8331.150 reserved for expansion]
127	127	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
128	128	Sec. 8331.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
129	129	district may issue, without an election, bonds and other
130	130	obligations secured by:
131	131	(1) revenue other than ad valorem taxes; or
132	132	(2) contract payments described by Section 8331.153.
133	133	(b) The district must hold an election in the manner
134	134	provided by Chapters 49 and 54, Water Code, to obtain voter approval
135	135	before the district may impose an ad valorem tax or issue bonds
136	136	payable from ad valorem taxes.
137	137	(c) The district may not issue bonds payable from ad valorem
138	138	taxes to finance a road project unless the issuance is approved by a
139	139	vote of a two-thirds majority of the district voters voting at an
140	140	election held for that purpose.
141	141	Sec. 8331.152. OPERATION AND MAINTENANCE TAX. (a) If
142	142	authorized at an election held under Section 8331.151, the district
143	143	may impose an operation and maintenance tax on taxable property in
144	144	the district in accordance with Section 49.107, Water Code.
145	145	(b) The board shall determine the tax rate. The rate may not
146	146	exceed the rate approved at the election.
147	147	Sec. 8331.153. CONTRACT TAXES. (a) In accordance with
148	148	Section 49.108, Water Code, the district may impose a tax other than
149	149	an operation and maintenance tax and use the revenue derived from
150	150	the tax to make payments under a contract after the provisions of
151	151	the contract have been approved by a majority of the district voters
152	152	voting at an election held for that purpose.
153	153	(b) A contract approved by the district voters may contain a
154	154	provision stating that the contract may be modified or amended by
155	155	the board without further voter approval.
156	156	[Sections 8331.154-8331.200 reserved for expansion]
157	157	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
158	158	Sec. 8331.201. AUTHORITY TO ISSUE BONDS AND OTHER
159	159	OBLIGATIONS. The district may issue bonds or other obligations
160	160	payable wholly or partly from ad valorem taxes, impact fees,
161	161	revenue, contract payments, grants, or other district money, or any
162	162	combination of those sources, to pay for any authorized district
163	163	purpose.
164	164	Sec. 8331.202. TAXES FOR BONDS. At the time the district
165	165	issues bonds payable wholly or partly from ad valorem taxes, the
166	166	board shall provide for the annual imposition of a continuing
167	167	direct ad valorem tax, without limit as to rate or amount, while all
168	168	or part of the bonds are outstanding as required and in the manner
169	169	provided by Sections 54.601 and 54.602, Water Code.
170	170	Sec. 8331.203. BONDS FOR ROAD PROJECTS. At the time of
171	171	issuance, the total principal amount of bonds or other obligations
172	172	issued or incurred to finance road projects and payable from ad
173	173	valorem taxes may not exceed one-fourth of the assessed value of the
174	174	real property in the district.
175	175	SECTION 2. The Fort Bend County Municipal Utility District
176	176	No. 204 initially includes all the territory contained in the
177	177	following area:
178	178	Being 1411.108 acres of land located in the Noel F. Roberts
179	179	League, Abstract 79, the Thomas Westall League, Abstract 92, and
180	180	the Andrew Roberts Survey, Abstract 78, Fort Bend County, Texas,
181	181	more particularly being a portion of that certain called 360.3145
182	182	acre tract conveyed to Ash Road Cattle Co., Inc., by instrument of
183	183	record in File No. 2006100983, Official Public Records, of Fort
184	184	Bend County (F.B.C.O.P.R.), being all of that certain called 9.32
185	185	acre tract conveyed to Riverbank Investments, Inc., by instrument
186	186	of record in File No. 2006104798, F.B.C.O.P.R., being a portion of
187	187	that certain called 52.71 acre tract conveyed to Riverbank
188	188	Investments, Inc., by instrument of record in File No. 2006086205,
189	189	F.B.C.O.P.R., being all of that certain called 4.4933 acre tract
190	190	conveyed to Riverbank Investments, Inc., by instrument of record in
191	191	File No. 2006133790, F.B.C.O.P.R., being all of that certain called
192	192	200.2961 acre tract conveyed to Riverbank Investments, Inc., by
193	193	instrument of record in File No. 2007023698, F.B.C.O.P.R., all of
194	194	that certain called 45.40 acre tract (described as Tract 1)
195	195	conveyed to Riverbank Investments, Inc., by instrument of record in
196	196	File No. 2007001713, F.B.C.O.P.R., all of that certain called 41.98
197	197	acre tract (described as Tract 2) conveyed to Riverbank
198	198	Investments, Inc., by instrument of record in File No. 2007004160,
199	199	F.B.C.O.P.R., being all of that certain called 11.1752 acre tract
200	200	conveyed to Riverbank Investments, Inc., by instrument of record in
201	201	File No. 2007023698, F.B.C.O.P.R., being a portion of that certain
202	202	called 2.65 acre tract conveyed to Riverbank Investments, Inc., by
203	203	instruments of record in File No's. 2007001713 and 2007004160,
204	204	F.B.C.O.P.R., being a portion of that certain called 4.9862 acre
205	205	tract conveyed to Twinwood (U.S.), Inc., by instrument of record in
206	206	File No. 2006121124, F.B.C.O.P.R, being a portion of that certain
207	207	called 5.000 acre tract conveyed to Twinwood (U.S.), Inc., by
208	208	instrument of record in File No. 2006108996, F.B.C.O.P.R., being a
209	209	portion of those certain called 53.6119 17.9178 acre tracts
210	210	conveyed to Twinwood (U.S.), Inc., by instrument of record in File
211	211	No. 1999037317, F.B.C.O.P.R., being all of that certain called
212	212	12.4259 acre tract conveyed to Twinwood (U.S.), Inc., by instrument
213	213	of record in File No. 2000105214, F.B.C.O.P.R., being all of that
214	214	certain called 34.8399 acre tract conveyed to Twinwood (U.S.),
215	215	Inc., by instrument of record in File No. 9145921, F.B.C.O.P.R.,
216	216	being all of that certain called 100.236 acre tract conveyed to
217	217	Twinwood (U.S.), Inc., by instrument of record in File No. 9403428,
218	218	F.B.C.O.P.R., being all of that certain called 172.658 acre tract
219	219	conveyed to 471 Pearson Farms, Inc., by instrument of record in File
220	220	No. 2006146530, F.B.C.O.P.R., being all of that certain called
221	221	471.04 acre tract conveyed to 471 Pearson Farms, Inc., by
222	222	instrument of record in File No. 2006102364, F.B.C.O.P.R., and
223	223	being all of that certain called 49.071 acre tract conveyed to 471
224	224	Pearson Farms, Inc., by instrument of record in File No.
225	225	2008047777, F.B.C.O.P.R., said 1411.108 acres being more
226	226	particularly described in six (6) parts by metes and bounds as
227	227	follows (all bearings are assumed);
228	228	PART ONE
229	229	BEGINNING at the southeast corner of said 360.3145 acre
230	230	tract, same being the southwest corner of that certain called
231	231	16.131 acre tract conveyed to Douglas W. Fisher, et al, by
232	232	instrument of record in Volume 887, Page 553, Deed Records, of said
233	233	Fort Bend County (F.B.C.D.R.), and on the north line of that certain
234	234	called 55.9951 acre tract conveyed to Michael R. Burns, et al, by
235	235	instrument of record in File No. 2005120041, F.B.C.O.P.R.;
236	236	Thence, with the south line of said 360.3145 acre tract, the
237	237	following thirteen (13) courses:
238	238	1) South 87 31' 34" West (called South 87 36' 41"
239	239	West), 219.82 feet to a point for corner;
240	240	2) North 72 29' 30" West, 99.71 feet to a point for
241	241	corner;
242	242	3) North 87 08' 02" West, 55.48 feet to a point for
243	243	corner;
244	244	4) North 18 00' 45" West, 59.72 feet to a point for
245	245	corner;
246	246	5) North 70 58' 36" West, 125.00 feet to a point for
247	247	corner;
248	248	6) North 57 58' 26" West, 82.94 feet to a point for
249	249	corner;
250	250	7) North 56 13' 55" West, 280.24 feet to a point for
251	251	corner;
252	252	8) North 64 38' 33" West, 158.69 feet to a point for
253	253	corner;
254	254	9) North 72 37' 06" West, 339.00 feet to a point for
255	255	corner;
256	256	10) North 84 43' 06" West, 479.37 feet to a point for
257	257	corner;
258	258	11) South 75 18' 44" West, 55.53 feet to a point for
259	259	corner;
260	260	12) South 54 34' 59" West, 60.04 feet to a point for
261	261	corner;
262	262	13) South 73 46' 30" West, 228.74 feet to southwest
263	263	corner of said 360.3145 acre tract, same being on the east line of
264	264	said 9.32 acre tract;
265	265	Thence, with the east line of said 9.32 acre tract, South 02
266	266	28' 44" East (called South 02 27' 11" East), 96.79 feet to the
267	267	southeast corner of said 9.32 acre tract;
268	268	Thence, with the south line of said 9.32 acre tract, the
269	269	following four (4) courses:
270	270	1) South 61 33' 12" West, 47.68 feet to a point for
271	271	corner;
272	272	2) South 48 37' 19" West, 199.25 feet to a point for
273	273	corner;
274	274	3) South 45 15' 32" West, 176.55 feet to a point for
275	275	corner;
276	276	4) South 87 27' 42" West, 422.19 feet to the southwest
277	277	corner of said 9.32 acre tract, same being on the east line of said
278	278	52.71 acre tract;
279	279	Thence, with the east line of said 52.71 acre tract, South 02
280	280	32' 18" East (called South 02 30' 45" East), 632.20 feet to the
281	281	southeast corner of said 52.71 acre tract;
282	282	Thence, with the south line of said 52.71 acre tract, the
283	283	following three (3) courses:
284	284	1) South 30 27' 35" West, 240.83 feet to a point for
285	285	corner;
286	286	2) South 22 45' 01" West, 290.49 feet to a point for
287	287	corner;
288	288	3) South 26 09' 57" West, 763.79 feet to the southwest
289	289	corner of said 52.71 acre tract;
290	290	Thence, with the west line of said 52.71 acre tract, North 01
291	291	48' 07" West, 3097.84 feet to a point for corner;
292	292	Thence, continuing with said west line, North 02 02' 18"
293	293	West, 986.87 feet to a point for corner;
294	294	Thence, leaving said west line, North 87 02' 32" East, 572.57
295	295	feet to a point for corner on the east line of said 52.71 acre tract;
296	296	Thence, with the east line of said 52.71 acre tract, South 02
297	297	54' 50" East, 169.19 feet to a point for corner;
298	298	Thence, continuing with said east line, South 02 32' 18"
299	299	East, 1549.89 feet to the northwest corner of said 9.32 acre tract;
300	300	Thence, with the north line of said 9.32 acre tract, North 87
301	301	27' 50" East, 751.16 feet to the northeast corner of said 9.32 acre
302	302	tract, same being on the west line of said 360.3145 acre tract;
303	303	Thence, with the west line of said 360.3145 acre tract, North
304	304	02 32' 18" West, 1826.89 feet to a point for corner;
305	305	Thence, leaving said west line, North 71 01' 02" East, 236.27
306	306	feet to a point for corner;
307	307	Thence, North 61 57' 09" East, 486.25 feet to a point for
308	308	corner;
309	309	Thence, North 52 07' 38" East, 485.75 feet to a point for
310	310	corner;
311	311	Thence, North 42 01' 38" East, 486.53 feet to a point for
312	312	corner;
313	313	Thence, North 31 59' 52" East, 486.24 feet to a point for
314	314	corner;
315	315	Thence, North 22 04' 57" East, 485.76 feet to a point for
316	316	corner;
317	317	Thence, North 12 02' 52" East, 485.45 feet to a point for
318	318	corner;
319	319	Thence, North 02 41' 07" East, 729.64 feet to a point for
320	320	corner on the east line of said 360.3145 acre tract;
321	321	Thence, with the east line of said 360.3145 acre tract, the
322	322	following four (4) courses:
323	323	1) South 02 21' 36" East, 204.90 feet to a point for
324	324	corner;
325	325	2) South 02 25' 17" East, 3016.66 feet to a point for
326	326	corner;
327	327	3) South 02 20' 57" East, 1297.76 feet to a point for
328	328	corner;
329	329	4) South 02 22' 26" East, 1004.27 feet to the POINT OF
330	330	BEGINNING and containing 196.430 acres of land.
331	331	PART TWO
332	332	BEGINNING at the northeast corner of said 4.4933 acre tract,
333	333	same being on the west line of said 360.3145 acre tract;
334	334	Thence, with the common line of said 4.4933 and 360.3145 acre
335	335	tracts, South 02 32' 18" East (called South 02 27' 11" East),
336	336	260.16 feet to the southeast corner of said 4.4933 acre tract;
337	337	Thence, with the south line of said 4.4933 acre tract, South
338	338	87 31' 16" West, 751.16 feet to the southwest corner of said 4.4933
339	339	acre tract;
340	340	Thence, with the west line of said 4.4933 acre tract, North
341	341	02 32' 18" West, 260.16 feet to the northwest corner of said 4.4933
342	342	acre tract;
343	343	Thence, with the north line of said 4.4933 acre tract, North
344	344	87 31' 16" East, 751.16 feet to the POINT OF BEGINNING and
345	345	containing 4.486 acres of land.
346	346	PART THREE
347	347	BEGINNING at the northwest corner of said 200.2961 acre
348	348	tract, same being the southwest corner of that certain called 10.69
349	349	acre tract conveyed to Jean Thompson, et vir, by instrument of
350	350	record in Volume 512, Page 560, F.B.C.D.R., and on the east
351	351	right-of-way line of F.M. 1489 (width varies);
352	352	Thence, with the common line of said 200.2961 and 10.69 acre
353	353	tracts, North 87 55' 46" East (called South 89 14' 32" East),
354	354	1557.79 feet to the northeast corner of said 200.2961 acre tract, on
355	355	the west line of said 11.1752 acre tract and on the common line of
356	356	said Thomas Westall League and said Noel F. Roberts League;
357	357	Thence, with the west line of said 11.1752 acre tract and said
358	358	common survey line, North 02 19' 50" West (called North 00 29' 52"
359	359	East), 300.50 feet to the northwest corner of said 11.1752 acre
360	360	tract;
361	361	Thence, leaving said common survey line and with the north
362	362	line of said 11.1752 acre tract, North 87 45' 58" East, 1009.18 feet
363	363	to the northeast corner of said 11.1752 acre tract, same being on
364	364	the west line of said 2.65 acre tract;
365	365	Thence, with the west line of said 2.65 acre tract, North 02
366	366	29' 30" West (called North 00 12' 11" West), 947.23 feet to the
367	367	southeast corner of said 4.9862 acre tract;
368	368	Thence, with the south line of said 4.9862 acre tract, South
369	369	87 24' 11" West (called South 89 44' 50" West), 1000.31 feet to the
370	370	southwest corner of said 4.9862 acre tract, on the east line of said
371	371	53.6119 acre tract and on the common line of said Thomas Westall
372	372	League and said Noel F. Roberts League;
373	373	Thence, with the east line of said 53.6119 acre tract and with
374	374	said common survey line, South 02 31' 27" East (called South 00 15'
375	375	51" West), 226.21 feet to a the southeast corner of said 53.6119
376	376	acre tract;
377	377	Thence, leaving said common survey line and with the south
378	378	line of said 53.6119 acre tract, South 88 04' 23" West, 1547.74 feet
379	379	to the southwest corner of said 53.6119 acre tract and on the east
380	380	line of said F.M. 1489;
381	381	Thence, with the common line of said 53.6119 acre tract and
382	382	said F.M. 1489, North 01 44' 43" West, 1519.01 feet to the northwest
383	383	corner of said 53.6119 acre tract, same being the southwest corner
384	384	of said 14.9178 acre tract;
385	385	Thence, continuing with the common line of said 14.9178 acre
386	386	tract and said F.M. 1489, North 01 44' 43" West (called North 01 02'
387	387	35" East), 493.35 feet to the northwest corner of said 14.9178 acre
388	388	tract;
389	389	Thence, with the north line of said 14.9178 acre tract, the
390	390	following five (5) courses:
391	391	1) North 88 37' 58" East, 310.50 feet to a point for
392	392	corner;
393	393	2) South 68 05' 12" East, 257.20 feet to a point for
394	394	corner;
395	395	3) South 87 15' 22" East, 370.54 feet to a point for
396	396	corner;
397	397	4) North 01 39' 08" West, 25.06 feet to a point for
398	398	corner;
399	399	5) South 87 24' 33" East, 23.86 feet to a point for
400	400	corner;
401	401	Thence, leaving said north line, South 27 58' 11" East,
402	402	355.16 feet to a point for corner;
403	403	Thence, South 37 55' 31" East, 486.29 feet to a point for
404	404	corner;
405	405	Thence, South 47 56' 06" East, 208.22 feet to a point for
406	406	corner on the east line of said 53.6119 acre tract and on the common
407	407	line of said Thomas Westall League and said Noel F. Roberts League;
408	408	Thence, with the east line of said 53.6119 acre tract and with
409	409	said common survey line, South 02 31' 27" East, 382.51 feet to the
410	410	northwest corner of said 5.000 acre tract;
411	411	Thence, leaving said common survey line and with the north
412	412	line of said 5.000 acre tract, North 87 23' 13" East (called North
413	413	89 44' 50" East), 469.45 feet to a point for corner;
414	414	Thence, leaving said north line, South 58 01' 26" East,
415	415	156.48 feet to a point for corner;
416	416	Thence, South 67 52' 22" East, 486.38 feet to a point for
417	417	corner;
418	418	Thence, South 77 58' 23" East, 20.59 feet to a point for
419	419	corner on the east line of said 2.65 acre tract;
420	420	Thence, with the east line of said 2.65 acre tract, South 02
421	421	29' 30" East, 1623.17 feet to the southeast corner of said 2.65 acre
422	422	tract;
423	423	Thence, with the south line of said 2.65 acre tract, South 87
424	424	00' 22" West, 60.17 feet to the southwest corner of said 2.65 acre
425	425	tract, same being the most southerly northeast corner of said 41.98
426	426	acre tract;
427	427	Thence, with a south line of said 41.98 acre tract, South 87
428	428	30' 57" West (called South 89 57' 44" West), 207.08 feet to a
429	429	reentrant corner of said 41.98 acre tract;
430	430	Thence, with the east line of said 41.98 acre tract, South 02
431	431	19' 50" East (called South), 4322.10 feet to the southeast corner of
432	432	said 41.98 acre tract;
433	433	Thence, with the south line of said 41.98 acre tract, the
434	434	following three (3) courses:
435	435	1) South 40 39' 15" West, 181.22 feet to a point for
436	436	corner;
437	437	2) South 48 32' 58" West, 308.00 feet to a point for
438	438	corner;
439	439	3) South 52 20' 58" West, 47.50 feet to the southwest
440	440	corner of said 41.98 acre tract, same being the southeast corner of
441	441	said 45.40 acre tract;
442	442	Thence, with the south line of said 45.40 acre tract, the
443	443	following three (3) courses:
444	444	1) South 52 20' 58" West (called South 54 40' 48"
445	445	West), 232.21 feet to a point for corner;
446	446	2) South 58 09' 10" West, 244.44 feet to a point for
447	447	corner;
448	448	3) North 02 19' 50" West, 27.44 feet to the southwest
449	449	corner of said 45.40 acre tract, same being on the on the common
450	450	line of said Thomas Westall League and said Noel F. Roberts League;
451	451	Thence, with the west line of said 45.40 acre tract and said
452	452	common survey line, South 44 27' 09" West, 4.49 feet to a point for
453	453	corner, the southeast corner of said 200.2961 acre tract;
454	454	Thence, leaving said common survey line and with the south
455	455	line of said 200.2961 acre tract, the following nineteen (19)
456	456	courses:
457	457	1) South 63 35' 50" West, 70.07 feet to a point for
458	458	corner;
459	459	2) South 78 36' 41" West, 58.46 feet to a point for
460	460	corner;
461	461	3) South 53 26' 35" West, 50.18 feet to a point for
462	462	corner;
463	463	4) South 59 46' 48" West, 121.83 feet to a point for
464	464	corner;
465	465	5) South 53 30' 56" West, 104.37 feet to a point for
466	466	corner;
467	467	6) South 56 10' 29" West, 90.56 feet to a point for
468	468	corner;
469	469	7) South 62 00' 00" West, 179.22 feet to a point for
470	470	corner;
471	471	8) South 52 38' 17" West, 101.01 feet to a point for
472	472	corner;
473	473	9) South 50 07' 56" West, 119.96 feet to a point for
474	474	corner;
475	475	10) South 49 49' 54" West, 136.72 feet to a point for
476	476	corner;
477	477	11) South 53 22' 53" West, 100.97 feet to a point for
478	478	corner;
479	479	12) South 04 59' 07" West, 21.97 feet to a point for
480	480	corner;
481	481	13) South 44 09' 14" West, 54.71 feet to a point for
482	482	corner;
483	483	14) South 63 08' 28" West, 53.08 feet to a point for
484	484	corner;
485	485	15) South 45 29' 40" West, 62.34 feet to a point for
486	486	corner;
487	487	16) South 59 07' 52" West, 72.79 feet to a point for
488	488	corner;
489	489	17) South 85 38' 24" West, 47.15 feet to a point for
490	490	corner;
491	491	18) South 60 47' 03" West, 137.17 feet to a point for
492	492	corner;
493	493	19) South 57 56' 35" West, 19.68 feet to the southwest
494	494	corner of said 200.2961 acre tract and on the east line of said F.M.
495	495	1489;
496	496	Thence, with the common line of said 200.2961 acre tract and
497	497	said F.M. 1489, the following five (5) courses:
498	498	1) North 13 25' 49" West, 1101.82 feet to a point for
499	499	corner, the beginning of a curve;
500	500	2) 654.25 feet along the arc of a non-tangent curve to
501	501	the right, having a radius of 5679.65 feet, a central angle of 06
502	502	36' 00" and a chord which bears North 05 03' 49" West, 653.89 feet
503	503	to a point for corner;
504	504	3) North 01 45' 49" West, 1139.56 feet to a point for
505	505	corner;
506	506	4) North 01 46' 49" West, 1352.30 feet to a point for
507	507	corner;
508	508	5) North 01 45' 49" West, 1740.64 feet to the POINT OF
509	509	BEGINNING and containing 370.613 acres of land.
510	510	PART FOUR
511	511	BEGINNING at the northeast corner of said 12.4259 acre tract,
512	512	same being the southeast corner of that certain called 18.17 acre
513	513	tract conveyed to Donald P. Rettig, by instrument of record in
514	514	Volume 464, Page 158, F.B.C.D.R., and on the west right-of-way line
515	515	of F.M. 1489;
516	516	Thence, with the common line of said 12.4259 acre tract and
517	517	said F.M. 1489, South 01 41' 29" East (called South 01 05' 32"
518	518	West), 502.32 feet to the southeast corner of said 12.4259 acre
519	519	tract;
520	520	Thence, with the south line of said 12.4259 acre tract, South
521	521	88 03' 02" West, 1076.49 feet to the southwest corner of said
522	522	12.4259 acre tract;
523	523	Thence, with the west line of said 12.4259 acre tract, North
524	524	02 26' 34" West, 500.28 feet to the northwest corner of said 12.4259
525	525	acre tract;
526	526	Thence, with the north line of said 12.4259 acre tract, North
527	527	87 56' 31" East, 1083.06 feet to the POINT OF BEGINNING and
528	528	containing 12.426 acres of land.
529	529	PART FIVE
530	530	BEGINNING at the northeast corner of said 34.8399 acre tract,
531	531	same being the southeast corner of that certain called 54.4349 acre
532	532	tract conveyed to Twinwood (U.S.), Inc., by instrument of record in
533	533	File No. 2007046885, F.B.C.O.P.R., and on the west right-of-way
534	534	line of F.M. 1489;
535	535	Thence, with the common line of said 34.8399 acre tract and
536	536	said F.M. 1489, South 01 42' 54" East (called South 01 04' 32"
537	537	West), 980.70 feet to the southeast corner of said 34.8399 acre
538	538	tract;
539	539	Thence, with the south line of said 34.8399 acre tract, South
540	540	87 58' 18" West, 1539.02 feet to the southwest corner of said
541	541	34.8399 acre tract, same being on the east line of said 100.236 acre
542	542	tract;
543	543	Thence, with the east line of said 100.236 acre tract, South
544	544	02 02' 49" East (called South 00 19' 52" West), 497.23 feet to the
545	545	southeast corner of said 100.236 acre tract;
546	546	Thence, with the south line of said 100.236 acre tract, South
547	547	87 55' 33" West, 4070.78 feet to the southwest corner of said
548	548	100.236 acre tract, same being on the common line of said Thomas
549	549	Westall League and said Andrew Roberts League;
550	550	Thence, with west line of said 100.236 acre tract and with
551	551	said common survey line, North 01 36' 56" West, 1072.03 feet to the
552	552	northwest corner of said 100.236 acre tract;
553	553	Thence, leaving said common survey line and with the north
554	554	line of said 100.236 acre tract, North 88 02' 10" East, 4058.63 feet
555	555	to the northeast corner of said 100.236 acre tract, same being on
556	556	the west line of said 34.8399 acre tract;
557	557	Thence, with the west line of said 34.8399 acre tract, North
558	558	02 27' 34" West, 416.43 feet to the northwest corner of said 34.8399
559	559	acre tract;
560	560	Thence, with the north line of said 34.8399 acre tract, North
561	561	88 04' 15" East, 1551.78 feet to the POINT OF BEGINNING and
562	562	containing 134.530 acres of land.
563	563	PART SIX
564	564	BEGINNING at the northeast corner of said 172.658 acre tract,
565	565	same being the southeast corner of that certain called 6.0152 acre
566	566	tract conveyed to Russell S. Cosbey, et ux, by instrument of record
567	567	in File No. 2000099907, F.B.C.O.P.R., and on the west right-of-way
568	568	line of F.M. 1489;
569	569	Thence, with the common line of said 172.658 acre tract and
570	570	said F.M. 1489, the following six (6) courses:
571	571	1) South 01 49' 04" East (called South 00 37' 36"
572	572	West), 3396.51 feet to a point for corner;
573	573	2) South 03 48' 40" West, 1091.60 feet to a point for
574	574	corner;
575	575	3) South 45 16' 44" East, 36.50 feet to a point for
576	576	corner;
577	577	4) South 18 38' 33" East, 268.23 feet to a point for
578	578	corner;
579	579	5) South 55 31' 29" East, 68.72 feet to a point for
580	580	corner;
581	581	6) South 18 32' 36" East, 22.00 feet to the southeast
582	582	corner of said 172.658 acre tract;
583	583	Thence, with the south line of said 172.658 acre tract, the
584	584	following eight (8) courses:
585	585	1) South 74 43' 52" West, 41.05 feet to a point for
586	586	corner;
587	587	2) South 53 51' 27" West, 333.34 feet to a point for
588	588	corner;
589	589	3) South 64 46' 07" West, 85.48 feet to a point for
590	590	corner;
591	591	4) South 54 55' 11" West, 591.64 feet to a point for
592	592	corner;
593	593	5) South 64 32' 52" West, 162.51 feet to a point for
594	594	corner;
595	595	6) South 53 08' 15" West, 254.36 feet to a point for
596	596	corner;
597	597	7) South 75 55' 50" West, 136.41 feet to a point for
598	598	corner;
599	599	8) South 48 54' 57" West, 165.71 feet to the southwest
600	600	corner of said 172.658 acre tract, same being on the east line of
601	601	said 471.04 acre tract;
602	602	Thence, with the east line of said 471.04 acre tract, South
603	603	02 33' 03" East (called South 02 37' 51" East), 41.13 feet to the
604	604	southeast corner of said 471.04 acre tract;
605	605	Thence, with the south line of said 471.04 acre tract, the
606	606	following seventeen (17) courses:
607	607	1) South 62 48' 58" West, 688.77 feet to a point for
608	608	corner;
609	609	2) South 69 16' 19" West, 497.92 feet to a point for
610	610	corner;
611	611	3) South 76 04' 09" West, 385.16 feet to a point for
612	612	corner;
613	613	4) South 82 31' 57" West, 266.60 feet to a point for
614	614	corner;
615	615	5) South 75 39' 34" West, 356.46 feet to a point for
616	616	corner;
617	617	6) South 70 58' 32" West, 496.84 feet to a point for
618	618	corner;
619	619	7) South 64 12' 51" West, 306.60 feet to a point for
620	620	corner;
621	621	8) South 61 01' 35" West, 164.27 feet to a point for
622	622	corner;
623	623	9) South 53 40' 33" West, 699.98 feet to a point for
624	624	corner;
625	625	10) South 45 05' 57" West, 588.54 feet to a point for
626	626	corner;
627	627	11) South 41 22' 52" West, 759.42 feet to a point for
628	628	corner;
629	629	12) South 53 58' 32" West, 254.99 feet to a point for
630	630	corner;
631	631	13) South 65 44' 23" West, 300.33 feet to a point for
632	632	corner;
633	633	14) South 49 10' 22" West, 311.59 feet to a point for
634	634	corner;
635	635	15) South 67 11' 14" West, 413.50 feet to a point for
636	636	corner;
637	637	16) South 78 33' 42" West, 240.12 feet to a point for
638	638	corner;
639	639	17) North 77 12' 44" West, 1142.94 feet to the
640	640	southwest corner of said 471.04 acre tract;
641	641	Thence, with the west line of said 471.04 acre tract, North
642	642	01 54' 52" West, 2799.94 feet to the most westerly northwest corner
643	643	of said 471.04 acre tract;
644	644	Thence, with a north line of said 471.04 acre tract, North 87
645	645	06' 14" East, 1779.70 feet to a point for corner;
646	646	Thence, North 87 04' 07" East, 1131.82 feet to a reentrant
647	647	corner of said 471.04 acre tract, same being on the common line of
648	648	said Thomas Westall League and said Andrew Roberts League;
649	649	Thence, with a west line of said 471.04 acre tract and with
650	650	said common survey line, North 02 32' 08" West, 1603.47 feet to a
651	651	point for corner;
652	652	Thence, continuing with said west line and said common survey
653	653	line, North 01 58' 25" West, 540.08 feet to the most northerly
654	654	northwest corner of said 471.04 acre tract, same being the
655	655	southwest corner of said 49.071 acre tract;
656	656	Thence, continuing with said common survey line and with the
657	657	west line of said 49.071 acre tract, North 02 38' 19" West, (called
658	658	North 00 05' 14" East), 532.05 feet to the northwest corner of said
659	659	49.071 acre tract;
660	660	Thence, leaving said common survey line and with the north
661	661	line of said 49.071 acre tract, North 87 49' 27" East, 4041.06 feet
662	662	to the northeast corner of said 49.071 acre tract;
663	663	Thence, with the east line of said 49.071 acre tract, South
664	664	01 40' 42" East, 526.97 feet to the southeast corner of said 49.071
665	665	acre tract, same being the northeast corner of said 471.04 acre
666	666	tract;
667	667	Thence, with the east line of said 471.04 acre tract, South
668	668	01 40' 42" East, 538.41 feet to a reentrant corner of said 471.04
669	669	acre tract;
670	670	Thence, South 88 26' 34" East, 31.72 feet to the most
671	671	easterly northeast corner of said 471.04 acre tract, same being on
672	672	the west line of said 172.658 acre tract;
673	673	Thence, with said west line, North 02 33' 03" West, 3490.59
674	674	feet to most westerly northwest corner of said 172.658 acre tract;
675	675	Thence, with the north line of said 172.658 acre tract, the
676	676	following three (3) courses:
677	677	1) North 87 50' 31" East, 624.00 feet to a point for
678	678	corner;
679	679	2) North 02 30' 43" West, 475.30 feet to a point for
680	680	corner;
681	681	3) North 87 49' 51" East, 898.58 feet to the POINT OF
682	682	BEGINNING and containing 694.217 gross acres of land save and
683	683	except, however, the following described tract of land.
684	684	SAVE AND EXCEPT TRACT FOR PART SIX
685	685	Being a called 1.59 acre tract conveyed to Texas Illinois
686	686	Natural Gas Pipeline Company, by instrument of record in Volume
687	687	273, Page 583. F.B.C.D.R.
688	688	COMMENCING for reference at the southwest corner of said
689	689	172.658 acre tract, same being on the east line of said 471.04 acre
690	690	tract;
691	691	Thence, with the common line of said 172.658 and 471.04 acre
692	692	tracts, North 02 33' 03" West, 196.66 feet to the southeast corner
693	693	of said 1.59 acre tract and the POINT OF BEGINNING;
694	694	Thence, with the south line of said 1.59 acre tract, South 87
695	695	06' 36" West, 140.03 feet to the southwest corner of said 1.59 acre
696	696	tract;
697	697	Thence, with the westerly line of said 1.59 acre tract, North
698	698	28 52' 29" West, 431.44 feet to the northwest corner of said 1.59
699	699	acre tract;
700	700	Thence, with the northerly line of said 1.59 acre tract,
701	701	North 61 07' 31" East, 149.98 feet to the northeast corner of said
702	702	1.59 acre tract;
703	703	Thence, with the easterly line of said 1.59 acre tract, South
704	704	28 52' 20" East, 444.10 feet to the most northerly southeast corner
705	705	of said 1.59 acre tract and on the west line of said 172.658 acre
706	706	tract;
707	707	Thence, with the common line of said 1.59 and 172.658 acre
708	708	tracts, South 02 33' 03" East, 54.32 feet to the POINT OF BEGINNING
709	709	and containing 1.594 acres of land.
710	710	Resulting in a net area for Part Six of 692.623 acres of land.
711	711	Said Part One, Part Two, Part Three, Part Four, Part Five and
712	712	Part Six containing a total of 1411.108 acres of land.
713	713	SECTION 3. (a) The legal notice of the intention to
714	714	introduce this Act, setting forth the general substance of this
715	715	Act, has been published as provided by law, and the notice and a
716	716	copy of this Act have been furnished to all persons, agencies,
717	717	officials, or entities to which they are required to be furnished
718	718	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
719	719	Government Code.
720	720	(b) The governor, one of the required recipients, has
721	721	submitted the notice and Act to the Texas Commission on
722	722	Environmental Quality.
723	723	(c) The Texas Commission on Environmental Quality has filed
724	724	its recommendations relating to this Act with the governor, the
725	725	lieutenant governor, and the speaker of the house of
726	726	representatives within the required time.
727	727	(d) All requirements of the constitution and laws of this
728	728	state and the rules and procedures of the legislature with respect
729	729	to the notice, introduction, and passage of this Act are fulfilled
730	730	and accomplished.
731	731	SECTION 4. This Act takes effect immediately if it receives
732	732	a vote of two-thirds of all the members elected to each house, as
733	733	provided by Section 39, Article III, Texas Constitution. If this
734	734	Act does not receive the vote necessary for immediate effect, this
735	735	Act takes effect September 1, 2009.