Texas 2009 - 81st Regular

Texas Senate Bill SB1337 Compare Versions

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1	1	S.B. No. 1337
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Van Alstyne Municipal Utility
6	6	District No. 1 of Grayson County; providing authority to impose a
7	7	tax and issue 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 F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8311 to read as follows:
11	11	CHAPTER 8311. VAN ALSTYNE MUNICIPAL UTILITY DISTRICT NO. 1 OF
12	12	GRAYSON COUNTY
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8311.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Director" means a board member.
17	17	(3) "District" means the Van Alstyne Municipal Utility
18	18	District No. 1 of Grayson County.
19	19	Sec. 8311.002. NATURE OF DISTRICT. The district is a
20	20	municipal utility district created under Section 59, Article XVI,
21	21	Texas Constitution.
22	22	Sec. 8311.003. CONFIRMATION AND DIRECTORS' ELECTION
23	23	REQUIRED. The temporary directors shall hold an election to
24	24	confirm the creation of the district and to elect five permanent
25	25	directors as provided by Section 49.102, Water Code.
26	26	Sec. 8311.004. CONSENT OF MUNICIPALITY REQUIRED. The
27	27	temporary directors may not hold an election under Section 8311.003
28	28	until each municipality in whose corporate limits or
29	29	extraterritorial jurisdiction the district is located has
30	30	consented by ordinance or resolution to the creation of the
31	31	district and to the inclusion of land in the district.
32	32	Sec. 8311.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
33	33	(a) The district is created to serve a public purpose and benefit.
34	34	(b) The district is created to accomplish the purposes of:
35	35	(1) a municipal utility district as provided by
36	36	general law and Section 59, Article XVI, Texas Constitution; and
37	37	(2) Section 52, Article III, Texas Constitution, that
38	38	relate to the construction, acquisition, improvement, operation,
39	39	or maintenance of macadamized, graveled, or paved roads, or
40	40	improvements, including storm drainage, in aid of those roads.
41	41	Sec. 8311.006. INITIAL DISTRICT TERRITORY. (a) The
42	42	district is initially composed of the territory described by
43	43	Section 2 of the Act creating this chapter.
44	44	(b) The boundaries and field notes contained in Section 2 of
45	45	the Act creating this chapter form a closure. A mistake made in the
46	46	field notes or in copying the field notes in the legislative process
47	47	does not affect the district's:
48	48	(1) organization, existence, or validity;
49	49	(2) right to issue any type of bond for the purposes
50	50	for which the district is created or to pay the principal of and
51	51	interest on a bond;
52	52	(3) right to impose a tax; or
53	53	(4) legality or operation.
54	54	[Sections 8311.007-8311.050 reserved for expansion]
55	55	SUBCHAPTER B. BOARD OF DIRECTORS
56	56	Sec. 8311.051. GOVERNING BODY; TERMS. (a) The district is
57	57	governed by a board of five elected directors.
58	58	(b) Except as provided by Section 8311.052, directors serve
59	59	staggered four-year terms.
60	60	Sec. 8311.052. TEMPORARY DIRECTORS. (a) On or after the
61	61	effective date of the Act creating this chapter, the owner or owners
62	62	of a majority of the assessed value of the real property in the
63	63	district may submit a petition to the Texas Commission on
64	64	Environmental Quality requesting that the commission appoint as
65	65	temporary directors the five persons named in the petition. The
66	66	commission shall appoint as temporary directors the five persons
67	67	named in the petition.
68	68	(b) Temporary directors serve until the earlier of:
69	69	(1) the date permanent directors are elected under
70	70	Section 8311.003; or
71	71	(2) the fourth anniversary of the effective date of
72	72	the Act creating this chapter.
73	73	(c) If permanent directors have not been elected under
74	74	Section 8311.003 and the terms of the temporary directors have
75	75	expired, successor temporary directors shall be appointed or
76	76	reappointed as provided by Subsection (d) to serve terms that
77	77	expire on the earlier of:
78	78	(1) the date permanent directors are elected under
79	79	Section 8311.003; or
80	80	(2) the fourth anniversary of the date of the
81	81	appointment or reappointment.
82	82	(d) If Subsection (c) applies, the owner or owners of a
83	83	majority of the assessed value of the real property in the district
84	84	may submit a petition to the Texas Commission on Environmental
85	85	Quality requesting that the commission appoint as successor
86	86	temporary directors the five persons named in the petition. The
87	87	commission shall appoint as successor temporary directors the five
88	88	persons named in the petition.
89	89	[Sections 8311.053-8311.100 reserved for expansion]
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 8311.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 8311.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 8311.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 8311.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	106	road project must meet all applicable construction standards,
107	107	zoning and subdivision requirements, and regulations of each
108	108	municipality in whose corporate limits or extraterritorial
109	109	jurisdiction the road project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 8311.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	Sec. 8311.106. LIMITATION ON USE OF EMINENT DOMAIN.
125	125	(a) The district may not exercise the power of eminent domain
126	126	outside the district to acquire a site or easement for:
127	127	(1) a road project authorized by Section 8311.103; or
128	128	(2) a recreational facility as defined by Section
129	129	49.462, Water Code.
130	130	(b) The district may not exercise the power of eminent
131	131	domain in the corporate limits of the City of Van Alstyne unless the
132	132	city has consented by ordinance or resolution to that exercise of
133	133	eminent domain authority.
134	134	Sec. 8311.107. DIVISION OF DISTRICT. (a) The district may
135	135	be divided into two or more new districts only if:
136	136	(1) the district has no outstanding bonded debt;
137	137	(2) the district is not imposing ad valorem taxes; and
138	138	(3) the City of Van Alstyne has consented by ordinance
139	139	or resolution to the division of the district.
140	140	(b) This chapter applies to any new district created by the
141	141	division of the district, and a new district has all the powers and
142	142	duties of the district.
143	143	(c) Any new district created by the division of the district
144	144	may not, at the time the new district is created, contain any land
145	145	outside the area described by Section 2 of the Act creating this
146	146	chapter.
147	147	(d) The board, on its own motion or on receipt of a petition
148	148	signed by the owner or owners of a majority of the assessed value of
149	149	the real property in the district, may adopt an order dividing the
150	150	district.
151	151	(e) The board may adopt an order dividing the district
152	152	before or after the date the board holds an election under Section
153	153	8311.003 to confirm the district's creation.
154	154	(f) An order dividing the district shall:
155	155	(1) name each new district;
156	156	(2) include the metes and bounds description of the
157	157	territory of each new district;
158	158	(3) appoint temporary directors for each new district;
159	159	and
160	160	(4) provide for the division of assets and liabilities
161	161	between or among the new districts.
162	162	(g) On or before the 30th day after the date of adoption of
163	163	an order dividing the district, the district shall file the order
164	164	with the Texas Commission on Environmental Quality and record the
165	165	order in the real property records of each county in which the
166	166	district is located.
167	167	(h) Any new district created by the division of the district
168	168	shall hold a confirmation and directors' election as required by
169	169	Section 8311.003.
170	170	(i) Subject to Subsection (a), municipal consent to the
171	171	creation of the district and to the inclusion of land in the
172	172	district granted under Section 8311.004 acts as municipal consent
173	173	to the creation of any new district created by the division of the
174	174	district and to the inclusion of land in the new district.
175	175	(j) Any new district created by the division of the district
176	176	must hold an election as required by this chapter to obtain voter
177	177	approval before the district may impose a maintenance tax or issue
178	178	bonds payable wholly or partly from ad valorem taxes.
179	179	Sec. 8311.108. LIMITATION ON ANNEXATION. The district may
180	180	not annex any territory outside the area described by Section 2 of
181	181	the Act creating this chapter unless the City of Van Alstyne has
182	182	consented by ordinance or resolution to the annexation.
183	183	[Sections 8311.109-8311.150 reserved for expansion]
184	184	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
185	185	Sec. 8311.151. ELECTIONS REGARDING TAXES OR BONDS.
186	186	(a) The district may issue, without an election, bonds and other
187	187	obligations secured by:
188	188	(1) revenue other than ad valorem taxes; or
189	189	(2) contract payments described by Section 8311.153.
190	190	(b) The district must hold an election in the manner
191	191	provided by Chapters 49 and 54, Water Code, to obtain voter approval
192	192	before the district may impose an ad valorem tax or issue bonds
193	193	payable from ad valorem taxes.
194	194	(c) The district may not issue bonds payable from ad valorem
195	195	taxes to finance a road project unless the issuance is approved by a
196	196	vote of a two-thirds majority of the district voters voting at an
197	197	election held for that purpose.
198	198	Sec. 8311.152. OPERATION AND MAINTENANCE TAX. (a) If
199	199	authorized at an election held under Section 8311.151, the district
200	200	may impose an operation and maintenance tax on taxable property in
201	201	the district in accordance with Section 49.107, Water Code.
202	202	(b) The board shall determine the tax rate. The rate may not
203	203	exceed the rate approved at the election.
204	204	Sec. 8311.153. CONTRACT TAXES. (a) In accordance with
205	205	Section 49.108, Water Code, the district may impose a tax other than
206	206	an operation and maintenance tax and use the revenue derived from
207	207	the tax to make payments under a contract after the provisions of
208	208	the contract have been approved by a majority of the district voters
209	209	voting at an election held for that purpose.
210	210	(b) A contract approved by the district voters may contain a
211	211	provision stating that the contract may be modified or amended by
212	212	the board without further voter approval.
213	213	[Sections 8311.154-8311.200 reserved for expansion]
214	214	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
215	215	Sec. 8311.201. AUTHORITY TO ISSUE BONDS AND OTHER
216	216	OBLIGATIONS. The district may issue bonds or other obligations
217	217	payable wholly or partly from ad valorem taxes, impact fees,
218	218	revenue, contract payments, grants, or other district money, or any
219	219	combination of those sources, to pay for any authorized district
220	220	purpose.
221	221	Sec. 8311.202. TAXES FOR BONDS. At the time the district
222	222	issues bonds payable wholly or partly from ad valorem taxes, the
223	223	board shall provide for the annual imposition of a continuing
224	224	direct ad valorem tax, without limit as to rate or amount, while all
225	225	or part of the bonds are outstanding as required and in the manner
226	226	provided by Sections 54.601 and 54.602, Water Code.
227	227	Sec. 8311.203. BONDS FOR ROAD PROJECTS. At the time of
228	228	issuance, the total principal amount of bonds or other obligations
229	229	issued or incurred to finance road projects and payable from ad
230	230	valorem taxes may not exceed one-fourth of the assessed value of the
231	231	real property in the district.
232	232	SECTION 2. The Van Alstyne Municipal Utility District No. 1
233	233	of Grayson County initially includes all the territory contained in
234	234	the following area:
235	235	SITUATED in the County of Grayson, State of Texas, and being a
236	236	part of the following Surveys in Grayson County: the A. Cartwright
237	237	Survey, Abstract No. 251, the D. Arnspiger Survey, Abstract No.
238	238	1526, the J. W. Curtis Survey, Abstract No. 249, and being a part of
239	239	the 1232.837 ac. tract of land conveyed to Vincent Viola by W. Mark
240	240	David by Special Warranty Deed dated July 30, 2001 and recorded in
241	241	Volume 4987, Page 726, Deed Records, Collin County, Texas, and
242	242	being all of the 93.158 ac. tract of land (Tract 1) conveyed to
243	243	Vincent J. Viola by Don S. Flesher by Warranty Deed dated September
244	244	10, 2004 and recorded in Volume 5766, Page 6210, said Collin County
245	245	Deed Records, and being a part of the 377.45 ac. tract of land
246	246	conveyed to Vincent J. Viola by Thornton Farm Partnership, Ltd. by
247	247	Special Warranty Deed with Vendor's Lien dated September 22, 2005
248	248	and recorded in Volume 6010, Page 3310, said Collin County Deed
249	249	Records, and being all of the 57.410 ac. tract of land conveyed to
250	250	Vincent J. Viola by Mary Jo Flesher by deed dated September 28, 2004
251	251	and recorded in Volume 3741, Page 324, Official Public Records,
252	252	Grayson County, Texas, and being more particularly described as one
253	253	tract of land by metes and bounds as follows, to-wit:
254	254	BEGINNING at a PK nail with flasher set in the center of
255	255	Cartwright Road, a public road, at the Northeast corner of said
256	256	93.158 ac.;
257	257	THENCE South 00 deg. 04 min. 44 sec. West, a distance of
258	258	1,274.28 ft. to a 1/2 inch rebar set at the Southeast corner of said
259	259	93.158 ac.;
260	260	THENCE North 89 deg. 02 min. 38 sec. East, a distance of
261	261	606.85 ft. to a point in the center of a creek;
262	262	THENCE Southerly, with the center of a creek, the following
263	263	calls and distances:
264	264	South 67 deg. 24 min. 09 sec. East, a distance of 96.92 ft.;
265	265	South 44 deg. 30 min. 54 sec. East, a distance of 275.27 ft.;
266	266	South 13 deg. 01 min. 43 sec. West, a distance of 60.69 ft.;
267	267	South 53 deg. 45 min. 22 sec. East, a distance of 169.73 ft.;
268	268	South 13 deg. 51 min. 14 sec. West, a distance of 42.13 ft.;
269	269	South 52 deg. 44 min. 16 sec. West, a distance of 54.38 ft.;
270	270	South 52 deg. 04 min. 16 sec. East, a distance of 108.52 ft.;
271	271	South 42 deg. 56 min. 51 sec. West, a distance of 101.20 ft.;
272	272	South 48 deg. 21 min. 36 sec. East, a distance of 27.24 ft.;
273	273	South 73 deg. 17 min. 05 sec. East, a distance of 155.79 ft.;
274	274	South 19 deg. 23 min. 21 sec. West, a distance of 125.73 ft.;
275	275	South 80 deg. 52 min. 27 sec. West, a distance of 104.51 ft.;
276	276	South 07 deg. 25 min. 59 sec. East, a distance of 58.92 ft.;
277	277	South 54 deg. 16 min. 47 sec. East, a distance of 115.97 ft.;
278	278	South 17 deg. 17 min. 58 sec. West, a distance of 117.31 ft.;
279	279	North 81 deg. 16 min. 54 sec. East, a distance of 120.12 ft.;
280	280	South 13 deg. 01 min. 53 sec. West, a distance of 243.69 ft.;
281	281	South 35 deg. 58 min. 28 sec. West, a distance of 112.27 ft.;
282	282	South 80 deg. 11 min. 50 sec. West, a distance of 117.77 ft.;
283	283	South 21 deg. 09 min. 50 sec. East, a distance of 112.59 ft.;
284	284	South 67 deg. 09 min. 09 sec. East, a distance of 185.00 ft.;
285	285	South 61 deg. 01 min. 33 sec. West, a distance of 167.09 ft.;
286	286	South 58 deg. 56 min. 39 sec. West, a distance of 192.59 ft.;
287	287	South 10 deg. 41 min. 54 sec. West, a distance of 278.81 ft.;
288	288	South 25 deg. 43 min. 05 sec. East, a distance of 105.57 ft.;
289	289	South 39 deg. 41 min. 48 sec. East, a distance of 143.93 ft.;
290	290	South 06 deg. 38 min. 18 sec. West, a distance of 92.08 ft. to
291	291	a point in the South line of Grayson County, the North line of
292	292	Collin County, at the Southeast corner of the herein described
293	293	tract;
294	294	THENCE North 88 deg. 01 min. 11 sec. West, with the South line
295	295	of said Grayson County and the North line of said Collin County,
296	296	over and across said Viola 1,232.837 ac., crossing an East line of
297	297	said Viola 377.45 ac. and a West line of said Viola 1,232.837 ac.
298	298	and continuing now over and across said Viola 377.45 ac. for a total
299	299	distance of 5,627.60 ft. to a point in the East line of the 5.00 ac.
300	300	tract of land conveyed to the Wood Family Trust in Volume 3910, Page
301	301	772, said Grayson County Official Public Records, at the most
302	302	Southerly Southwest corner of the herein described tract;
303	303	THENCE North 00 deg. 03 min. 10 sec. West, with the East line
304	304	of said Wood Family Trust 5.00 ac., a distance of 271.80 ft. to a
305	305	point in the South line of the 82.41 ac. tract of land conveyed to
306	306	Don S. Flesher in Volume 2350, Page 194, Real Property Records,
307	307	Grayson County, Texas, at the Northeast corner of said Wood Family
308	308	Trust 5.00 ac.;
309	309	THENCE South 89 deg. 37 min. 54 sec. West, with the South line
310	310	of said Viola 57.410 ac. and the North line of said Wood Family
311	311	Trust 5.00 ac., a distance of 573.09 ft. to a point in the center of
312	312	said Collin County Road No. 291 (also known as Eagle Point Road in
313	313	Grayson County), in the East line of said Dowell 113.35 ac., at the
314	314	Southwest corner of said Viola 57.410 ac.;
315	315	THENCE North 00 deg. 20 min. 09 sec. West, with the center of
316	316	said Eagle Point Road and the East line of said Dowell 113.35 ac., a
317	317	distance of 397.96 ft. to a spike nail found at the Northeast corner
318	318	of said Dowell 113.35 ac., at the Southeast corner of the 30 ac.
319	319	tract of land conveyed to Craig Turczynski and Rosa Turczynski in
320	320	Volume 2850, Page 817, said Grayson County Official Public Records;
321	321	THENCE North 00 deg. 15 min. 10 sec. West, continuing with the
322	322	center of said Eagle Point Road, the East line of said Turczynski 30
323	323	ac., passing the Northeast corner of said Turczynski 30 ac. and the
324	324	Southeast corner of the 20.05 ac. tract of land conveyed to Jay
325	325	Thompson and Ann Thompson in Volume 2795, Page 789, said Official
326	326	Public Records, and continuing now with the East line of said
327	327	Thompson 20.05 ac. for a total distance of 1,023.15 ft. to a spike
328	328	nail found at the Northeast corner of said Thompson 20.05 ac., at
329	329	the Southeast corner of the 20.03 ac. tract of land conveyed to Jay
330	330	A. Thompson and Ann E. Thompson in Volume 2598, Page 460, said
331	331	Grayson County Official Public Records;
332	332	THENCE North 00 deg. 39 min. 44 sec. West, continuing with the
333	333	center of said Eagle Point Road, and with the East line of both said
334	334	Thompson 20.03 ac. and said Whitaker Survey, passing the Northeast
335	335	corner of both said Thompson 20.03 ac. and said Whitaker Survey, the
336	336	Southeast corner of said Wheeler Survey, the Southwest corner of
337	337	said Cartwright Survey and the Northwest corner of said Arnspiger
338	338	Survey, and continuing now with the East line of said Wheeler Survey
339	339	and the West line of both said Flesher 82.41 ac. and said Cartwright
340	340	Survey for a total distance of 988.71 ft. to a 1/2 inch rebar found
341	341	at the centerline intersection of Cartwright Road, a public road,
342	342	and said Eagle Point Road, at the Southwest corner of the 38.271 ac.
343	343	tract of land conveyed to Gary C. Crim and Sidney A. Crim in Volume
344	344	2077, Page 545, said Real Property Records;
345	345	THENCE South 87 deg. 19 min. 13 sec. East, with the center of
346	346	said Cartwright Road and the South line of said Crim 38.271 ac., a
347	347	distance of 275.36 ft. to an angle point in the South line of said
348	348	Crim 38.271 ac.;
349	349	THENCE South 70 deg. 28 min. 16 sec. East, continuing with the
350	350	center of said Cartwright Road and the South line of said Crim
351	351	38.271 ac., a distance of 551.48 ft. to an angle point in the South
352	352	line of said Crim 38.271 ac.;
353	353	THENCE South 83 deg. 33 min. 52 sec. East, continuing with the
354	354	center of said Cartwright Road and with the South line of said Crim
355	355	38.271 ac., leaving the pavement of said Cartwright Road at about
356	356	657 ft., and continuing for a total distance of 717.54 ft. to a 1/2
357	357	inch rebar set in the West line of the 144.168 ac. tract of land
358	358	(Tract IV) conveyed to Coit North Properties, Inc. in Volume 1677,
359	359	Page 218, Deed Records, Grayson County, Texas, at the Southeast
360	360	corner of said Crim 38.271 ac.;
361	361	THENCE South 00 deg. 50 min. 27 sec. East, with the West line
362	362	of said Coit North Properties 144.168 ac., a distance of 306.87 ft.
363	363	to a 1/2 inch rebar set in the South line of said Cartwright Survey,
364	364	Abstract No. 251, in the North line of said Arnspiger Survey,
365	365	Abstract No. 1526, at the Southwest corner of said Coit North
366	366	Properties 144.168 ac.;
367	367	THENCE North 89 deg. 45 min. 50 sec. East, with the South line
368	368	of said Coit North Properties 144.168 ac., a distance of 49.98 ft.
369	369	to a 8 inch wood corner post at the most Easterly Northeast corner
370	370	of said Viola 22.597 ac., at the Northwest corner of the 10.025 ac.
371	371	tract of land conveyed to Sisong Phromkharanourak, Sombath Manivanh
372	372	Bounchanh Thammavongsa in Volume 2138, Page 314, said Real Property
373	373	Records;
374	374	THENCE South 00 deg. 23 min. 32 sec. East, with the general
375	375	course of a wire fence maintaining the West line of said
376	376	Phromkharanourak, et al 10.025 ac., a distance of 1,669.81 ft. to a
377	377	point 1/2 inch rebar set at the Southwest corner of said
378	378	Phromkharanourak, et al 10.025 ac., at a Northwest corner of said
379	379	Viola 377.45 ac.;
380	380	THENCE South 89 deg. 14 min. 15 sec. East, with the North line
381	381	of said 377.45 ac. and with the South line of said Phromkharanourak,
382	382	Manivanh and Thammavongsa 10.025 ac., passing a cross-tie corner
383	383	post at the Southeast corner of said Phromkharanourak, Manivanh and
384	384	Thammavongsa 10.025 ac. and the Southwest corner of the 10.000 ac.
385	385	tract of land conveyed to Joseph D. Losh and Nancy D. Losh in Volume
386	386	2393, Page 36, said Grayson County Real Property Records at 264.77
387	387	ft., and continuing for a total distance of 782.37 ft. to a 12 inch
388	388	wood corner post at the Southwest corner of the 9.930 ac. tract of
389	389	land conveyed to M. J. Presley and Allison M. Presley in Volume
390	390	2355, Page 611, said Grayson County Real Property Records;
391	391	THENCE South 89 deg. 32 min. 03 sec. East, with the North line
392	392	of said 377.45 ac. and with the South line of said Presley 9.930
393	393	ac., passing the Southeast corner of said Presley 9.930 ac. and the
394	394	Southwest corner of the 9.371 ac. tract of land conveyed to Mark
395	395	Michina and Debbie Michina in Volume 2244, Page 388, said Grayson
396	396	County Real Property Records and continuing for a total distance of
397	397	634.03 ft. to a 2 inch pipe found;
398	398	THENCE South 89 deg. 23 min. 59 sec. East, with the North line
399	399	of said 377.45 ac., passing a 2 inch pipe found at the Southwest
400	400	corner of the 15.29 ac. tract of land conveyed to Vincent Chen and
401	401	Lay-Wah Khoo in Volume 2109, Page 281, said Grayson County Real
402	402	Property Records, and continuing now with the South line of said
403	403	Chen & Khoo 15.29 ac for a total distance of 645.85 ft. to a 1/2 inch
404	404	rebar set at the Southeast corner of said Chen & Khoo 15.29 ac.;
405	405	THENCE North 00 deg. 32 min. 03 sec. West, with the East line
406	406	of said Chen & Khoo 15.29 ac., a distance of 1,691.73 ft. to a spike
407	407	nail found in the center of said Cartwright Road, at the Northeast
408	408	corner of said Chen & Khoo 15.29 ac., at an angle point in the South
409	409	line of said 93.158 ac.;
410	410	THENCE South 89 deg. 52 min. 43 sec. West, with the center of
411	411	said Cartwright Road and the South line of said 93.158 ac., a
412	412	distance of 995.39 ft. to a 3/8 inch rebar found at the Southwest
413	413	corner of said 93.158 ac., at the most Southerly Southeast corner of
414	414	the 144.168 ac. tract of land (Tract IV) conveyed to Coit North
415	415	Properties, Inc. in Volume 1677, Page 218, Deed Records, Grayson
416	416	County, Texas;
417	417	THENCE North 00 deg. 27 min. 48 sec. East, with the West line
418	418	of said 93.158 ac. and the East line of said Coit North Properties
419	419	144.168 ac., a distance of 2,021.18 ft. to a 1/2 inch rebar set the
420	420	Northwest corner of said 93.158 ac., at an Ell corner of said Coit
421	421	North Properties 144.168 ac.;
422	422	THENCE South 89 deg. 59 min. 12 sec. East, with a North line
423	423	of said 93.158 ac. and a South line of said Coit North Properties
424	424	144.168 ac, passing a Southeast corner of said Coit North
425	425	Properties 144.168 ac and the Southwest corner of the 80.749 ac.
426	426	tract of land (Tract I) conveyed to Coit North Properties in said
427	427	Volume 1677, Page 218 and continuing now with the South line of said
428	428	Coit North Properties 80.749 ac. for a total distance of 885.58 ft.
429	429	to a 1/2 inch rebar set at the Northwest corner of the 30.0468 ac.
430	430	tract of land conveyed to James E. Tillett and Rachel D. Tillett in
431	431	Volume 1509, Page 183, said Grayson County Deed Records, at the most
432	432	Northerly Northeast corner of said 93.158 ac.;
433	433	THENCE South 00 deg. 27 min. 44 sec. West, with an East line
434	434	of said 93.158 ac. and the West line of said Tillett 30.0468 ac., a
435	435	distance of 739.44 ft. to a 1/2 inch rebar set at the Southwest
436	436	corner of said Tillett 30.0468 ac., at an Ell corner of said 93.158
437	437	ac.;
438	438	THENCE South 89 deg. 59 min. 06 sec. East, with a North line
439	439	of said 93.158 ac. and the South line of said Tillett 30.0468 ac., a
440	440	distance of 1,772.58 ft. to the PLACE OF BEGINNING and containing
441	441	338.39 ACRES of land.
442	442	SITUATED in the County of Grayson, State of Texas, and being a
443	443	part of the J. W. Curtis Survey, Abstract No. 1077, and being all of
444	444	the 4.518 ac. tract of land (Tract 8) conveyed to Vincent Viola by
445	445	W. Mark David by Special Warranty Deed dated July 30, 2001 and
446	446	recorded in Volume 4987, Page 697, Deed Records, Collin County,
447	447	Texas, and being all of the 22.11 ac. tract of land conveyed to
448	448	Vincent Viola by W. Mark David by Assumption Deed dated July 30,
449	449	2001 and recorded in Volume 3118, Page 51, Official Public Records,
450	450	Grayson County, Texas, and being more particularly described as one
451	451	tract of land by metes and bounds as follows, to-wit:
452	452	BEGINNING at a point in the center of a public road, at the
453	453	Southeast corner of said Viola Tract 8;
454	454	THENCE North 87 deg. 59 min. 48 sec. West, with the South line
455	455	of said Viola Tract 8, a distance of 175.02 ft. to a point in the
456	456	East right-of-way line of U. S. Highway No. 75, at the beginning of
457	457	a curve;
458	458	THENCE Northwesterly, with the East right-of-way line of said
459	459	U. S. Highway No. 75 and with a non-tangent curve to the right
460	460	having a radius of 190.00 ft. and a central angle of 83 deg. 30 min.
461	461	07 sec. (chord bears North 46 deg. 06 min. 10 sec. West, 253.04
462	462	ft.), an arc distance of 276.90 ft. to a point at the end of said
463	463	curve;
464	464	THENCE North 04 deg. 21 min. 09 sec. West, continuing with the
465	465	East right-of-way line of said U. S. Highway No. 75, a distance of
466	466	374.17 ft. to a point at the Northwest corner of said Viola Tract 8,
467	467	at the Southwest corner of said Viola 22.11 ac., at the beginning of
468	468	a curve;
469	469	THENCE Northerly, continuing with the East right-of-way line
470	470	of said U. S. Highway No. 75 and with a non-tangent curve to the left
471	471	having a radius of 11,644.16 ft. and a central angle of 02 deg. 05
472	472	min. 55 sec. (chord bears North 06 deg. 33 min. 40 sec. West, 426.47
473	473	ft.), an arc distance of 426.50 ft. to a point at the end of said
474	474	curve;
475	475	THENCE North 13 deg. 03 min. 12 sec. West, continuing with the
476	476	East right-of-way line of said U. S. Highway No. 75, a distance of
477	477	305.53 ft. to a point at the beginning of a curve;
478	478	THENCE Northerly, continuing with the East right-of-way line
479	479	of said U. S. Highway No. 75 and with a non-tangent curve to the left
480	480	having a radius of 11,619.16 ft. and a central angle of 04 deg. 46
481	481	min. 21 sec. (chord bears North 11 deg. 29 min. 47 sec. West, 967.55
482	482	ft.), an arc distance of 967.83 ft. to a point at the Northwest
483	483	corner of said Viola 22.11 ac.;
484	484	THENCE North 89 deg. 38 min. 17 sec. East, with the North line
485	485	of said Viola 22.11 ac., a distance of 775.13 ft. to a point in the
486	486	center of said public road, at the Northeast corner of said Viola
487	487	22.11 ac.;
488	488	THENCE South 02 deg. 02 min. 37 sec. West, with the center of
489	489	said public road and with the East line of said Viola 22.11 ac., a
490	490	distance of 1,688.54 ft. to a point at the Southeast corner of said
491	491	Viola 22.11 ac., at the Northeast corner of said Viola Tract 8;
492	492	THENCE South 01 deg. 58 min. 32 sec. West, continuing with the
493	493	center of said public road and with the East line of said Viola
494	494	Tract 8, a distance of 541.86 ft. to the PLACE OF BEGINNING and
495	495	containing 26.55 ACRES of land.
496	496	SECTION 3. (a) The legal notice of the intention to
497	497	introduce this Act, setting forth the general substance of this
498	498	Act, has been published as provided by law, and the notice and a
499	499	copy of this Act have been furnished to all persons, agencies,
500	500	officials, or entities to which they are required to be furnished
501	501	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
502	502	Government Code.
503	503	(b) The governor, one of the required recipients, has
504	504	submitted the notice and Act to the Texas Commission on
505	505	Environmental Quality.
506	506	(c) The Texas Commission on Environmental Quality has filed
507	507	its recommendations relating to this Act with the governor, the
508	508	lieutenant governor, and the speaker of the house of
509	509	representatives within the required time.
510	510	(d) All requirements of the constitution and laws of this
511	511	state and the rules and procedures of the legislature with respect
512	512	to the notice, introduction, and passage of this Act are fulfilled
513	513	and accomplished.
514	514	SECTION 4. This Act takes effect immediately if it receives
515	515	a vote of two-thirds of all the members elected to each house, as
516	516	provided by Section 39, Article III, Texas Constitution. If this
517	517	Act does not receive the vote necessary for immediate effect, this
518	518	Act takes effect September 1, 2009.
519	519	______________________________ ______________________________
520	520	President of the Senate Speaker of the House
521	521	I hereby certify that S.B. No. 1337 passed the Senate on
522	522	April 30, 2009, by the following vote: Yeas 31, Nays 0.
523	523	______________________________
524	524	Secretary of the Senate
525	525	I hereby certify that S.B. No. 1337 passed the House on
526	526	May 25, 2009, by the following vote: Yeas 144, Nays 0, two present
527	527	not voting.
528	528	______________________________
529	529	Chief Clerk of the House
530	530	Approved:
531	531	______________________________
532	532	Date
533	533	______________________________
534	534	Governor