By: Estes S.B. No. 2488
(In the Senate - Filed April 1, 2009; April 6, 2009, read
first time and referred to Committee on Intergovernmental
Relations; May 7, 2009, reported favorably by the following vote:
Yeas 5, Nays 0; May 7, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Lake Weatherford Municipal Utility
Districts Nos. 1 and 2; providing authority to impose a tax and
issue bonds; granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapters 8324 and 8325 to read as
follows:
CHAPTER 8324. LAKE WEATHERFORD MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8324.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Lake Weatherford Municipal
Utility District No. 1.
Sec. 8324.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8324.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8324.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8324.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8324.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8324.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2(a) of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2(a)
of the Act creating this chapter form a closure. A mistake made in
the field notes or in copying the field notes in the legislative
process does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8324.007-8324.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8324.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8324.052, directors serve
staggered four-year terms.
Sec. 8324.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
temporary directors the five persons named in the petition. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8324.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8324.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8324.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the five
persons named in the petition.
[Sections 8324.053-8324.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8324.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8324.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8324.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8324.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8324.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted before
the effective date of the Act creating this chapter under Section
54.016 or 54.0165, Water Code, and that consents to the creation of
the district or to the inclusion of land in the district.
Sec. 8324.106. SELECTION OF EXTRATERRITORIAL JURISDICTION.
The board may not select the municipality that may exercise
authority in the district as provided by Section 54.0163, Water
Code, unless the City of Weatherford provides written consent to
that selection.
Sec. 8324.107. LIMITATION ON ANNEXATION OF LAND BY
DISTRICT. Notwithstanding Section 54.016(d), Water Code, the
district may not annex land that is located in the extraterritorial
jurisdiction of a municipality unless the City of Weatherford
provides written consent to that annexation.
Sec. 8324.108. EFFECT OF ANNEXATION BY CITY OF WEATHERFORD.
(a) The City of Weatherford may annex part of the territory of the
district into its corporate limits without annexing all of the
territory of the district under an agreement entered into before
the effective date of the Act creating this chapter between the City
of Weatherford and the landowners of the land being annexed. The
district continues in existence following annexation of part of the
territory of the district as described by this subsection.
(b) The district shall be dissolved and its debts and
obligations assumed by the City of Weatherford in accordance with
Chapter 43, Local Government Code, including Sections 43.075 and
43.0715, on annexation of all of the territory of the district by
the City of Weatherford, provided that:
(1) water, sanitary sewer, and drainage improvements,
and roads have been constructed to serve at least 95 percent of the
territory of the district; or
(2) the board adopts a resolution consenting to the
dissolution of the district.
(c) If all of the territory of the district is annexed by the
City of Weatherford but the conditions under Subsection (b) have
not been met, the City of Weatherford may dissolve the district by
resolution only on or after the 20th anniversary of the effective
date of the Act creating this chapter.
(d) Notwithstanding Section 54.016(f)(2), Water Code, a
contract ("allocation agreement") between the City of Weatherford
and the district that provides for the allocation of the taxes or
revenues of the district and the city following the date of
inclusion of all the district's territory in the corporate limits
of the city, may provide that the total annual ad valorem taxes
collected by the city and the district from taxable property in the
district may exceed the city's ad valorem tax on the property.
Sec. 8324.109. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8324.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 8324.110. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created:
(1) contain any land outside the area described by
Section 2(a) of the Act creating this chapter; or
(2) contain less than 200 or more than 600 acres of
land without the prior consent of any municipality in whose
extraterritorial jurisdiction the district is located.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8324.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8324.003.
(i) Except as provided by Subsection (c), municipal consent
to the creation of the district and to the inclusion of land in the
district granted under Section 8324.004 acts as municipal consent
to the creation of any new district created by the division of the
district and to the inclusion of land in the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
[Sections 8324.111-8324.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8324.151. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8324.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8324.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8324.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8324.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8324.154-8324.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8324.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8324.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8324.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
CHAPTER 8325. LAKE WEATHERFORD MUNICIPAL UTILITY DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8325.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Lake Weatherford Municipal
Utility District No. 2.
Sec. 8325.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8325.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8325.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8325.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8325.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8325.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2(b) of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2(b)
of the Act creating this chapter form a closure. A mistake made in
the field notes or in copying the field notes in the legislative
process does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8325.007-8325.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8325.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8325.052, directors serve
staggered four-year terms.
Sec. 8325.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
temporary directors the five persons named in the petition. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8325.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8325.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8325.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the five
persons named in the petition.
[Sections 8325.053-8325.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8325.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8325.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8325.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8325.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8325.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted before
the effective date of the Act creating this chapter under Section
54.016 or 54.0165, Water Code, and that consents to the creation of
the district or to the inclusion of land in the district.
Sec. 8325.106. SELECTION OF EXTRATERRITORIAL JURISDICTION.
The board may not select the municipality that may exercise
authority in the district as provided by Section 54.0163, Water
Code, unless the City of Weatherford provides written consent to
that selection.
Sec. 8325.107. LIMITATION ON ANNEXATION OF LAND BY
DISTRICT. Notwithstanding Section 54.016(d), Water Code, the
district may not annex land that is located in the extraterritorial
jurisdiction of a municipality unless the City of Weatherford
provides written consent to that annexation.
Sec. 8325.108. EFFECT OF ANNEXATION BY CITY OF WEATHERFORD.
(a) The City of Weatherford may annex part of the territory of the
district into its corporate limits without annexing all of the
territory of the district under an agreement entered into before
the effective date of the Act creating this chapter between the City
of Weatherford and the landowners of the land being annexed. The
district continues in existence following annexation of part of the
territory of the district as described by this subsection.
(b) The district shall be dissolved and its debts and
obligations assumed by the City of Weatherford in accordance with
Chapter 43, Local Government Code, including Sections 43.075 and
43.0715, on annexation of all of the territory of the district by
the City of Weatherford, provided that:
(1) water, sanitary sewer, and drainage improvements,
and roads have been constructed to serve at least 95 percent of the
territory of the district; or
(2) the board adopts a resolution consenting to the
dissolution of the district.
(c) If all of the territory of the district is annexed by the
City of Weatherford but the conditions under Subsection (b) have
not been met, the City of Weatherford may dissolve the district by
resolution only on or after the 20th anniversary of the effective
date of the Act creating this chapter.
(d) Notwithstanding Section 54.016(f)(2), Water Code, a
contract ("allocation agreement") between the City of Weatherford
and the district that provides for the allocation of the taxes or
revenues of the district and the city following the date of
inclusion of all the district's territory in the corporate limits
of the city, may provide that the total annual ad valorem taxes
collected by the city and the district from taxable property in the
district may exceed the city's ad valorem tax on the property.
Sec. 8325.109. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8325.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 8325.110. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created:
(1) contain any land outside the area described by
Section 2(b) of the Act creating this chapter; or
(2) contain less than 200 or more than 600 acres of
land without the prior consent of any municipality in whose
extraterritorial jurisdiction the district is located.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8325.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8325.003.
(i) Except as provided by Subsection (c), municipal consent
to the creation of the district and to the inclusion of land in the
district granted under Section 8325.004 acts as municipal consent
to the creation of any new district created by the division of the
district and to the inclusion of land in the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
[Sections 8325.111-8325.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8325.151. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8325.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8325.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8325.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8325.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8325.154-8325.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8325.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8325.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8325.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. (a) The Lake Weatherford Municipal Utility
District No. 1 initially includes all the territory contained in
the following area:
BEING a tract of land situated in the R.K. Hagood Survey,
Abstract Number 677, Isaac Gorman Survey, Abstract Number 532, I.
and G. N. R. R. Company Survey, Abstract Number 2007, C. Meyer
Survey, Abstract Number 2032, J. P. Feld Survey, Abstract Number
487, J. L. Edwards Survey, Abstract Number 416, T. Spain Survey,
Abstract Number 2059, H. H. Dillard Survey, Abstract Number 378, M.
H. Woods Survey, Abstract Number 2717 and B. R. Bailey Survey,
Abstract Number 2275, Parker County, Texas, and being the same as
described in deed to Therylene Knox Helm, Exhibit A-1 and A-2
recorded in Book 1502, Page 750 of Deed Records, Parker County,
Texas and being more particularly described by metes and bounds as
follows;
BEGINNING at the called southeast corner of the Wm. Baker Survey,
Abstract Number 183 and the called southwest corner of said Hagood
Survey, in the north line of said Isaac Gorman Survey;
THENCE N 0011'41"E, 2216.98 feet;
THENCE N 8825'44"E, 138.81 feet;
THENCE S 8914'47"E, 661.20 feet;
THENCE S 0415'38"W, 2175.04 feet;
THENCE S 3218'44"E, 2400.79 feet;
THENCE S 0023'36"W, 3763.79 feet;
THENCE N 8814'09"W, 4888.60 feet;
THENCE N 0009'53"W, 2443.55 feet;
THENCE S 8804'56"W, 799.57 feet;
THENCE S 8801'30"W, 488.50 feet;
THENCE S 0107'00"W, 486.25 feet;
THENCE S 8943'21"W, 337.20 feet;
THENCE N 0346'53"W, 121.69 feet;
THENCE N 0710'51"W, 145.28 feet;
THENCE N 8139'17"E, 174.81 feet;
THENCE N 2354'32"E, 78.61 feet;
THENCE N 6350'34"W, 154.00 feet;
THENCE N 0301'01"W, 96.53 feet;
THENCE N 0756'40"E, 105.94 feet;
THENCE N 0500'18"W, 136.66 feet;
THENCE N 3018'41"E, 267.48 feet;
THENCE N 6335'30"E, 109.05 feet;
THENCE N 0933'01"E, 169.92 feet;
THENCE S 8928'39"W, 1312.94 feet;
THENCE S 0015'09"W, 774.18 feet;
THENCE N 8946'20"W, 655.16 feet;
THENCE N 3602'15"W, 1018.93 feet;
THENCE N 6202'04"W, 698.36 feet;
THENCE N 1137'15"W, 1181.55 feet;
THENCE S 8913'30"W, 61.78 feet;
THENCE N 0130'01"E, 3319.85 feet;
THENCE N 8956'20"E, 2313.70 feet;
THENCE S 0023'43"W, 2343.60 feet;
THENCE S 8954'10"E, 1171.93 feet;
THENCE S 0024'27"W, 520.13 feet;
THENCE S 8944'53"E, 2654.23 feet;
THENCE N 0026'35"W, 528.34 feet;
THENCE S 8907'19"E, 1609.98 feet to the Point of Beginning and
containing 45,910,099 square feet or 1054 acres of land more or
less; SAVE AND EXCEPT
BEING a tract of land situated in the Isaac Gorman Survey, Abstract
Number 532, I. and G. N. R. R. Company Survey, Abstract Number 2007,
C. Meyer Survey, Abstract Number 2032, J. P. Feld Survey, Abstract
Number 487, Parker County, Texas, and being the same as described in
deed to Therylene Knox Helm, Exhibit A-1 recorded in Book 1502, Page
750 of Deed Records, Parker County, Texas and being more
particularly described by metes and bounds as follows;
BEGINNING at the southeast corner of said Helm tract, and the
southwest corner of tract to Therylene Knox Helm, Exhibit A-1 of
said deed;
THENCE N 8814'09"W, 4488.37 with said south line;
THENCE N 0010'05"W, 918.41 feet to a non-tangent curve to the
right;
THENCE with said non-tangent curve to the right, an arc distance of
4146.90 feet, through a central angle of 9000'00", having a radius
of 2640.00 feet, the long chord of which bears N 4506'41"E, 3733.52
feet;
THENCE S 8953'19"E, 1869.10 feet to a point in said east line;
THENCE S 0023'36"W, 3687.90 feet with said east line to the Point of
Beginning and containing 14,806,722 square feet or 340 acres of
land more or less.
(b) The Lake Weatherford Municipal Utility District No. 2
initially includes all the territory contained in the following
area:
TRACT I
FOR A TRACT OF LAND IN THE I. & G. N. R.R. COMPANY SURVEY, ABSTRACT
NO. 2007, THE ISAAC GORMAN SURVEY, ABSTRACT NO. 532, THE R. K.
HAGOOD SURVEY, ABSTRACT NO. 677, THE WM. BAKER SURVEY, ABSTRACT NO.
128, THE R. L. WILSON SURVEY, ABSTRACT NO. 1680, THE S. W. MILLER
SURVEY, ABSTRACT NO. 2595, THE L. O. AND B. L. BAKER SURVEY,
ABSTRACT NO. 2280, THE H. T. & B. R.R. COMPANY SURVEY, NO. 15,
ABSTRACT NO. 650, THE H. T. & B. R.R. COMPANY SURVEY, NO. 13,
ABSTRACT NO. 649, THE WM., C. L. AND L. O. BAKER SURVEY, ABSTRACT
NO. 2089 AND THE R. K. HAGOOD SURVEY, ABSTRACT NO. 2310, ALL
SITUATED IN PARKER COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCE at an iron found at the occupied Northwest corner of the R.
K. Hagood Survey, Abstract No. 677, above referenced, thence N. 88
- 25' - 44" E. 138.81 feet with the general course of a fence line to
an iron to be set in concrete in the Southerly line of a road for the
POINTOFBEGINNING of the herein described tract;
THENCE N. 0 - 55' - 13" E. 3986.73 feet with the general course of a
fence line to a fence corner post;
THENCE N. 88 - 00' - 51" W. 112.57 feet with the general course of a
fence line to a fence corner post;
THENCE N. 0 - 32' - 15'" E. 816.08 feet with the general course of a
fence line to an iron to be set in concrete, said point being at the
Southerly terminus of the centerline of an easement as described in
a Grant of Easement and Right of Way, of record in Volume 1191, Page
1250, Deed Records, Parker County, Texas;
THENCE S. 88 - 51' - 28" E. 2339.16 feet to an iron to be set in
concrete for corner;
THENCE S. 47 - 29' - 58" E. 1196.65 feet to an iron to be set in
concrete for corner;
THENCE S. 15 - 00' - 00" E. 800.0 feet to an iron to be set in
concrete for corner;
THENCE S. 89 - 59' - 06" E. to and along a fence line 5753.38 feet to
an iron to be set in concrete for corner;
THENCE S. 31 - 38' - 21" E. 1134.23 feet to an iron to be set in
concrete for corner;
THENCE S. 69 - 08' - 44" E. 1123.61 feet to an iron to be set in
concrete for corner;
THENCE N. 85 - 01' - 49" E. 1154.34 feet to an iron to be set in
concrete for corner;
THENCE S. 18 - 26' - 06" W. 1264.91 feet to an iron to be set in
concrete for corner;
THENCE S. 19 - 42' - 58" E. 579.60 feet to an iron to be set in
concrete for corner;
THENCE N. 89 - 44' - 56" W. 6013.94 feet to an iron to be set in
concrete in a road for corner;
THENCE S. 0 - 15' - 04" W. 4782.22 feet with the Easterly line of
said road to an iron to be set in concrete for corner;
THENCE N. 89 - 53' - 19" W. 2707.47 feet to a fence corner post for
corner;
THENCE S. 0 - 11' - 54" W. 2958.55 feet with the general course of a
fence line to a concrete monument found at the Northeast corner of a
tract described in a deed to Brazos Electric Cooperative Inc. of
record in Volume 370, Page 616, Deed Records, Parker County, Texas;
THENCE S. 89 - 52' - 30" W. 207.99 feet along the North line of same
to a concrete monument found for corner;
THENCE S. 0 - 07' - 17" E. 316.07 feet to a concrete monument found
for corner;
THENCE N. 43 - 54' - 25" E. 298.44 feet to an iron found at fence
corner;
THENCE S. 0 - 11' - 54" W. 363.0 feet to an iron for corner;
THENCE N. 88 - 14' - 09" W. to and along White Settlement Road
1220.50 feet to a point in same and from which said point an iron to
be set in concrete in the Northerly fence line of said White
Settlement Road bears N. 0 - 23' - 36" E. 48.47 feet;
THENCE N. 0 - 23' - 36" E. 3763.79 feet to an iron to be set in
concrete for corner;
THENCE N. 32 - 18' - 44" W. 2400.79 feet to an iron to be set in
concrete;
THENCE N. 4 - 15' - 38" E. 2175.04 feet to an iron to be set in
concrete in the Southerly fence line of a road;
THENCE N. 89 - 14' - 47" W. 661.20 feet to the POINT OF BEGINNING and
containing 1471.809 acres.
SAVE AND EXCEPT:
BEING a tract of land situated in the Isaac Gorman Survey, Abstract
Number 532, I. & G. N. R. R. Co. Survey, Abstract Number 2007, H.T. &
B. R. R. Co. Survey, No. 15, Abstract Number 650, Parker County,
Texas, and being the same as described in deed to Therylene Knox
Helm, Exhibit A-2 recorded in Book 1502, Page 750 of Deed Records,
Parker County, Texas and being more particularly described by metes
and bounds as follows;
BEGINNING at the southwest corner of said Helm tract, and the
southeast corner of tract to Therylene Knox Helm, Exhibit A-1 of
said deed;
THENCE N 0023'36"E, 3687.90 feet;
THENCE S 8953'19"E, 3915.24 feet;
THENCE S 0015'04"W, 300.00 feet;
THENCE N 8953'19"W, 2707.47 feet;
THENCE S 0011'54"W, 2958.55 feet;
THENCE S 8952'30"W, 207.99 feet;
THENCE S 0007'17"E, 316.07 feet;
THENCE N 4354'25"E, 298.44 feet;
THENCE S 0011'54"W, 363.00 feet;
THENCE N 8814'09"W, 1220.50 feet to the Point of Beginning and
containing 5,266,636 square feet or 121 acres of land more or less.
TRACT II
77.10 Acres situated in and being a portion of the John Snyder
Survey, Abstract No. 1169, Parker County, Texas and being all that
certain 77.10 Acre Lot, Tract or Parcel of land conveyed to M.L.W.
DEVELOPMENT, LLC by deed recorded in Volume 2099, Page 1279, Deed
Records, Parker County, Texas and being more particularly described
by metes and bounds as follows:
BEGINNING at an iron rod found in Ragle Road at the southeast corner
of a tract of land conveyed to Clear Fork Baptist Church by deed
recorded in Volume 60, Page 18, Deed Records, Parker County, Texas,
said iron being called by deed to be South, 415.0 feet from the
northeast corner of said John Snyder Survey;
THENCE South 01 degrees 11 minutes 00 seconds West, with said Ragle
Road, 1252.65 feet to an iron rod set;
THENCE North 89 degrees 25 minutes 00 seconds West, 2086.73 feet to
an iron rod set in a dry ravine;
THENCE with the meanders of said dry ravine the following courses
and distances;
North 00 degrees 02 minutes 25 seconds West 405.97 feet to a point;
North 05 degrees 43 minutes 25 seconds West 787.30 feet to a point;
North 17 degrees 49 minutes 35 seconds West 325.59 feet to an iron
rod set in said ravine and the south right of way line of Farm to
Market Highway No. 730 in a non-tangent curve to the right with a
radius of 1859.86 feet and whose chord bears North 79 degrees 09
minutes 23 seconds East, 726.34 feet;
THENCE with the south right of way line of said Farm to Market
Highway No. 730 and said curve to the right through a central angle
of 22 degrees 31 minutes 14 seconds and a distance of 731.03 feet to
an iron rod found;
THENCE South 89 degrees 35 minutes 00 seconds East, continuing with
the south right of way line of said Farm to Market Highway No. 730,
1175.17 feet to an iron rod found at the northwest corner of said
Clear Fork Baptist Church;
THENCE South 00 degrees 24 minutes 30 seconds West, on or about a
fence line and the west line of said Clear Fork Baptist Church,
393.33 feet to an iron rod found;
THENCE South 89 degrees 35 minutes 00 seconds East, on or about a
fence line and the south line of said Clear Fork Baptist Church,
405.27 feet to the POINT OF BEGINNING and containing 77.10 acres.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
* * * * *