Texas 2009 - 81st Regular

Texas Senate Bill SB2498 Compare Versions

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1	1	By: Hegar S.B. No. 2498
2	2	(In the Senate - Filed April 3, 2009; April 6, 2009, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; May 7, 2009, reported favorably by the following vote:
5	5	Yeas 4, Nays 0; May 7, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the creation of the Bastrop County Municipal Utility
11	11	District No. 2; providing authority to impose a tax and issue bonds;
12	12	granting a limited power of eminent domain.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle F, Title 6, Special District Local Laws
15	15	Code, is amended by adding Chapter 8335 to read as follows:
16	16	CHAPTER 8335. BASTROP COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 8335.001. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the district's board of directors.
20	20	(2) "Director" means a board member.
21	21	(3) "District" means the Bastrop County Municipal
22	22	Utility District No. 2.
23	23	Sec. 8335.002. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8335.003. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 8335.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 8335.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 8335.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8335.006. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act creating this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act creating this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	[Sections 8335.007-8335.050 reserved for expansion]
59	59	SUBCHAPTER B. BOARD OF DIRECTORS
60	60	Sec. 8335.051. GOVERNING BODY; TERMS. (a) The district is
61	61	governed by a board of five elected directors.
62	62	(b) Except as provided by Section 8335.052, directors serve
63	63	staggered four-year terms.
64	64	Sec. 8335.052. TEMPORARY DIRECTORS. (a) The temporary
65	65	board consists of:
66	66	(1) William Strawn;
67	67	(2) Michael Lamendola;
68	68	(3) David Bowen;
69	69	(4) Sean Mills; and
70	70	(5) Ann Schneider.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 8335.003; or
74	74	(2) the fourth anniversary of the effective date of
75	75	the Act creating this chapter.
76	76	(c) If permanent directors have not been elected under
77	77	Section 8335.003 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 8335.003; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the Texas Commission on Environmental
88	88	Quality requesting that the commission appoint as successor
89	89	temporary directors the five persons named in the petition. The
90	90	commission shall appoint as successor temporary directors the five
91	91	persons named in the petition.
92	92	[Sections 8335.053-8335.100 reserved for expansion]
93	93	SUBCHAPTER C. POWERS AND DUTIES
94	94	Sec. 8335.101. GENERAL POWERS AND DUTIES. The district has
95	95	the powers and duties necessary to accomplish the purposes for
96	96	which the district is created.
97	97	Sec. 8335.102. MUNICIPAL UTILITY DISTRICT POWERS AND
98	98	DUTIES. The district has the powers and duties provided by the
99	99	general law of this state, including Chapters 49 and 54, Water Code,
100	100	applicable to municipal utility districts created under Section 59,
101	101	Article XVI, Texas Constitution.
102	102	Sec. 8335.103. AUTHORITY FOR ROAD PROJECTS. Under Section
103	103	52, Article III, Texas Constitution, the district may design,
104	104	acquire, construct, finance, issue bonds for, improve, operate,
105	105	maintain, and convey to this state, a county, or a municipality for
106	106	operation and maintenance macadamized, graveled, or paved roads, or
107	107	improvements, including storm drainage, in aid of those roads.
108	108	Sec. 8335.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
109	109	road project must meet all applicable construction standards,
110	110	zoning and subdivision requirements, and regulations of each
111	111	municipality in whose corporate limits or extraterritorial
112	112	jurisdiction the road project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards,
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 8335.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
122	122	OR RESOLUTION. The district shall comply with all applicable
123	123	requirements of any ordinance or resolution that is adopted under
124	124	Section 54.016 or 54.0165, Water Code, and that consents to the
125	125	creation of the district or to the inclusion of land in the
126	126	district.
127	127	Sec. 8335.106. CONTRACT WITH CERTAIN MUNICIPALITIES
128	128	REQUIRED. (a) In order to exercise the powers and duties of a
129	129	municipal utility district granted by this chapter, the district
130	130	shall enter into a written contract with any municipality within
131	131	whose extraterritorial jurisdiction the district is wholly or
132	132	partly located:
133	133	(1) regulating the continuation of the
134	134	extraterritorial status of the district and its annexation by the
135	135	municipality;
136	136	(2) regulating the development within the boundaries
137	137	of the district in a manner that the parties agree will further the
138	138	health, safety, and welfare of the residents of the district; and
139	139	(3) containing other terms and consideration that the
140	140	municipality determines to be reasonable and appropriate.
141	141	(b) A contract under this section may be renewed or extended
142	142	for successive periods not to exceed 15 years.
143	143	Sec. 8335.107. LIMITATION ON USE OF EMINENT DOMAIN. The
144	144	district may not exercise the power of eminent domain outside the
145	145	district to acquire a site or easement for:
146	146	(1) a road project authorized by Section 8335.103; or
147	147	(2) a recreational facility as defined by Section
148	148	49.462, Water Code.
149	149	[Sections 8335.108-8335.150 reserved for expansion]
150	150	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
151	151	Sec. 8335.151. ELECTIONS REGARDING TAXES OR BONDS.
152	152	(a) The district may issue, without an election, bonds and other
153	153	obligations secured by:
154	154	(1) revenue other than ad valorem taxes; or
155	155	(2) contract payments described by Section 8335.153.
156	156	(b) The district must hold an election in the manner
157	157	provided by Chapters 49 and 54, Water Code, to obtain voter approval
158	158	before the district may impose an ad valorem tax or issue bonds
159	159	payable from ad valorem taxes.
160	160	(c) The district may not issue bonds payable from ad valorem
161	161	taxes to finance a road project unless the issuance is approved by a
162	162	vote of a two-thirds majority of the district voters voting at an
163	163	election held for that purpose.
164	164	Sec. 8335.152. OPERATION AND MAINTENANCE TAX. (a) If
165	165	authorized at an election held under Section 8335.151, the district
166	166	may impose an operation and maintenance tax on taxable property in
167	167	the district in accordance with Section 49.107, Water Code.
168	168	(b) The board shall determine the tax rate. The rate may not
169	169	exceed the rate approved at the election.
170	170	Sec. 8335.153. CONTRACT TAXES. (a) In accordance with
171	171	Section 49.108, Water Code, the district may impose a tax other than
172	172	an operation and maintenance tax and use the revenue derived from
173	173	the tax to make payments under a contract after the provisions of
174	174	the contract have been approved by a majority of the district voters
175	175	voting at an election held for that purpose.
176	176	(b) A contract approved by the district voters may contain a
177	177	provision stating that the contract may be modified or amended by
178	178	the board without further voter approval.
179	179	[Sections 8335.154-8335.200 reserved for expansion]
180	180	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
181	181	Sec. 8335.201. AUTHORITY TO ISSUE BONDS AND OTHER
182	182	OBLIGATIONS. The district may issue bonds or other obligations
183	183	payable wholly or partly from ad valorem taxes, impact fees,
184	184	revenue, contract payments, grants, or other district money, or any
185	185	combination of those sources, to pay for any authorized district
186	186	purpose.
187	187	Sec. 8335.202. TAXES FOR BONDS. At the time the district
188	188	issues bonds payable wholly or partly from ad valorem taxes, the
189	189	board shall provide for the annual imposition of a continuing
190	190	direct ad valorem tax, without limit as to rate or amount, while all
191	191	or part of the bonds are outstanding as required and in the manner
192	192	provided by Sections 54.601 and 54.602, Water Code.
193	193	Sec. 8335.203. BONDS FOR ROAD PROJECTS. At the time of
194	194	issuance, the total principal amount of bonds or other obligations
195	195	issued or incurred to finance road projects and payable from ad
196	196	valorem taxes may not exceed one-fourth of the assessed value of the
197	197	real property in the district.
198	198	SECTION 2. The Bastrop County Municipal Utility District
199	199	No. 2 initially includes all the territory contained in the
200	200	following area:
201	201	BEING A PART OF THAT CERTAIN TRACT OF LAND OUT OF AND A PART OF
202	202	THE J. A. NAVARRO SURVEY, ABSTRACT 53, SITUATED IN BASTROP COUNTY,
203	203	TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS
204	204	BEING PART OF THAT CERTAIN 723.330 ACRE TRACT OF LAND CONVEYED TO
205	205	DOUBLE EAGLE ESTATES, LTD., IN VOLUME 1727, PAGE 637 OF THE DEED
206	206	RECORDS OF BASTROP COUNTY, TEXAS, AND ALL OF THAT CERTAIN 0.581 ACRE
207	207	(25,317 SQUARE FEET) TRACT OF LAND CONVEYED TO DOUBLE EAGLE
208	208	ESTATES, LTD. IN DOCUMENT NUMBER 200809818 OF THE OFFICIAL PUBLIC
209	209	RECORDS OF BASTROP COUNTY, TEXAS, SAVE AND EXCEPT 17.00 ACRES
210	210	(TRACT 1), 4.487 ACRES (TRACT 2), AND 0.456 ACRE (19,875 SQUARE
211	211	FEET) (TRACT 3), SAID TRACT BEING TOTAL 700.800 ACRES OF LAND MORE
212	212	FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
213	213	BEGINNING, at a point in the curving north boundary line of
214	214	Old State Highway No. 71, a 100-foot wide public right-of-way, said
215	215	point also being the southeast corner of River Crossing, Section 1,
216	216	a subdivision recorded in Cabinet 3, Pages 14B-16A of the Plat
217	217	Records of Bastrop County, Texas, (P.R.B.C.TX.), for the southwest
218	218	corner and POINT OF BEGINNING of the herein described total 700.800
219	219	acre save and except tract of tract,
220	220	THENCE, with the west boundary line of said 723.330 acre
221	221	tract and the eastern boundary line of said River Crossing, Section
222	222	1 plat, the following six (6) courses and distances, numbered 1
223	223	through 6,
224	224	1. N2839'54"E, a distance of 3827.98 feet to an iron rod
225	225	found,
226	226	2. N2840'43"E, a distance of 192.11 feet to a point in the
227	227	approximate centerline of Moss Branch Creek,
228	228	3. N6657'55"E, a distance of 191.40 feet to a point in the
229	229	approximate centerline of Moss Branch Creek,
230	230	4. N1140'52"E, a distance of 94.19 feet to a point in the
231	231	approximate centerline of Moss Branch Creek,
232	232	5. N0912'23"W, a distance of 164.23 feet to a point in the
233	233	approximate centerline of Moss Branch Creek, and
234	234	6. N1020'14"E, a distance of 447.74 feet to a point in the
235	235	approximate centerline of Moss Branch Creek, also being the
236	236	northeast corner of Lot 27 of said River Crossing, Section 1 plat,
237	237	for an interior angle point of the herein described tract of land,
238	238	THENCE, leaving the approximate centerline of said Moss
239	239	Branch Creek, and continuing with the eastern and northern boundary
240	240	line said River Crossing, Section 1 plat, and the western boundary
241	241	line of said 723.330 acre Double Eagle Estates, Ltd. tract, the
242	242	following eight (8) courses and distances, numbered 1 through 8,
243	243	1. N6735'53"W, a distance of 225.44 feet to an iron rod
244	244	found,
245	245	2. N7602'24"w, a distance of 326.78 feet to an iron rod
246	246	found at the common back lot corner of Lots 28, 29 and 40 of said
247	247	River Crossing, Section 1 plat, for an exterior angle point of the
248	248	herein described tract,
249	249	3. N1912'01"E, a distance of 1088.43 feet to an interior
250	250	angle point of the herein described tract,
251	251	4. N7905'33"W, a distance of 250.28 feet to an iron rod
252	252	found at an angle point of Lot 53 of said River Crossing, Section 1
253	253	plat, for an exterior angle point of the herein described tract,
254	254	5. N0636'57"E, a distance of 760.90 feet to an iron rod
255	255	found at the northeast corner of Lot 54 of sais River Crossing,
256	256	Section 1 plat, for an interior angle point of the herein described
257	257	tract,
258	258	6. N8016'29"W, a distance of 432.86 feet to an iron rod
259	259	found,
260	260	7. N8345'20"W, a distance of 309.09 feet to an iron rod
261	261	found and
262	262	8. N8900'04"W, a distance of 862.05 feet to an iron rod
263	263	found at the northwest of Lot 61 and Reserve "C" ( a 1.62 acre nature
264	264	trail) of said River Crossing, Section 1 plat, also being an
265	265	exterior angle point of said 723.330 acre tract for an exterior
266	266	angle point of the herein described tract,
267	267	THENCE, with the eastern boundary of said Reserve "C" and the
268	268	eastern boundary line of River Crossing, Section 2, a subdivision
269	269	recorded in Cabinet 3, Page 109A of the P.R.B.C.TX., Reserve "F" (a
270	270	4.63 acre nature trail), the following six (6) courses and
271	271	distances, numbered 1 through 6,
272	272	1. N0247'32"E, a distance of 1431.43 feet to an iron rod
273	273	found for an exterior angle point of the herein described tract,
274	274	2. N6422'53"E, a distance of 354.51 feet to an angle point,
275	275	3. N8818'14"E, a distance of 52.94 feet to an angle point,
276	276	4. N4110'20"E, a distance of 372.24 feet to an angle point,
277	277	5. N3216'32"E, a distance of 510.39 feet to an angle point
278	278	and
279	279	6. N2817'23"E, a distance of 2080.49 feet to a point of the
280	280	low bank of the Colorado River, from which an iron rod found bears
281	281	S2817'23W, a distance of 35.54 feet, for the northwest corner of
282	282	said 723.330 acre Double Eagle Estates, Ltd., the northeast corner
283	283	of said River Crossing, Section 2 plat, for the northwest corner of
284	284	the herein described tract,
285	285	THENCE, with the approximate meanders of the low bank of said
286	286	Colorado River, the following thirteen (13) courses and distances,
287	287	numbered 1 through 13,
288	288	1. S6639'19"E, a distance of 412.18 feet to a point,
289	289	2. S7256'50"E, a distance of 838.46 feet to a point,
290	290	3. S5437'21"E, a distance of 583.24 feet to a point,
291	291	4. S2954'40"E, a distance of 125.90 feet to a point,
292	292	5. S4633'38"E, a distance of 461.02 feet to a point,
293	293	6. S8839'08"E, a distance of 210.28 feet to a point,
294	294	7. S7531'18"E, a distance of 625.10 feet to a point,
295	295	8. N8329'50"E, a distance of 539.30 feet to a point,
296	296	9. N7007'56"E, a distance of 145.47 feet to a point,
297	297	10. N4930'20"E, a distance of 509.50 feet to a point,
298	298	11. N6822'51"E, a distance of 494.42 feet to a point,
299	299	12. S8542'31"E, a distance of 325.11 feet to a point and
300	300	13. S6927'18"E, a distance of 94.82 feet to a 6" tree on the
301	301	low bank of said Colorado River at the northeast corner of said
302	302	723.330 acre Double Eagle Estates, Ltd., also being the northwest
303	303	corner of 89.704 acre tract of land conveyed to Julie Salem in
304	304	Volume 709, Page 379 of the Deed Records of Bastrop County, Texas
305	305	(D.R.B.C.TX.), for the northeast corner of the herein described
306	306	tract,
307	307	THENCE, leaving said low bank of the Colorado River and with
308	308	the western boundary of said Salem tract and the eastern boundary of
309	309	said 723.330 acre Double Eagle Estates, Ltd. tract, S2825'57"W, a
310	310	distance of 2695.41 feet to an iron rod found at the western angle
311	311	point of Lot 28 of Rocking "S" Estates, a subdivision recorded in
312	312	Cabinet 3, Page 107B of the P.R.B.C.TX., for an angle point of said
313	313	723.330 acre Double Eagle Estates, Ltd. tract and an angle point of
314	314	the herein described tract,
315	315	THENCE, continuing with the eastern boundary line of said
316	316	723.330 acre Double Eagle Estates, Ltd. tract and the western
317	317	boundary line of said Rocking "S" Estates plat, S2711'03"W, a
318	318	distance of 2170.98 feet to an iron rod found at the southwest
319	319	corner of said Rocking "S" Estates plat, also being the northwest
320	320	corner of a 124.158 acre tract of land conveyed to Beverly Kay
321	321	Thomas Reid in Volume 991, Page 408 of the D.R.B.C.TX., also being
322	322	an angle point of the eastern boundary line of said 723.330 acre
323	323	Double Eagle Estates, Ltd. tract, for an angle point of the herein
324	324	described tract,
325	325	THENCE, with the western boundary line of said Reid tract,
326	326	the eastern boundary line of said 723.330 acre Double Eagle
327	327	Estates, Ltd. tract, the following four (4) courses and distances,
328	328	numbered 1 through 4,
329	329	1. S 2504'50"W, a distance of 276.42 feet to a point,
330	330	2. S3401'31"W, a distance of 112.38 feet to a point,
331	331	3. S4837'07"W, a distance of 115.38 feet to a 14" Elm tree
332	332	for an angle point and
333	333	4. S2842'02"W, a distance of 1803.15 feet to a concrete
334	334	monument found at the southwest corner of said Reid tract, an angle
335	335	point of said 723.330 acre Double Eagle Estates, Ltd. tract, also
336	336	being the northwest corner of 28.7 acre tract of land conveyed to
337	337	M.L. Stanfield in Volume 173, Page 321 of the D.R.B.C.TX. for an
338	338	angle point of the herein described tract,
339	339	THENCE, with the western boundary line of said Stanfield
340	340	tract and the eastern boundary line of said 723.330 acre Double
341	341	Eagle Estates, Ltd. tract, S3051'20"W, a distance of 1311.89 feet
342	342	to a point in the approximate centerline of said Moss Branch Creek
343	343	for the southwest corner of said Stanfield tract, also being the
344	344	northwest corner of a 126.20 acre (Tract Two) tract of land conveyed
345	345	to The Forest at Colorado Crossing, Ltd. in Volume 1050, Page 0, of
346	346	the D.R.B.C.TX., also being an angle point of said 723.330 acre
347	347	Double Eagle Estates, Ltd. tract for an angle point of the herein
348	348	described tract,
349	349	THENCE, with the eastern boundary of said 723.330 acre Double
350	350	Eagle Estates, Ltd. tract, the western boundary of said 126.20 acre
351	351	The Forest at Colorado Crossing, Ltd. tract, S2116'41"W, a distance
352	352	of 497.62 feet to a point in the approximate centerline of Fowler
353	353	Branch Creek, also being the northwest corner of The Forest at
354	354	Colorado Crossing, Section One, a subdivision recorded in Cabinet
355	355	4, page 18A of the P.R.B.C.TX., for an angle point on the of the
356	356	herein described tract,
357	357	THENCE, following a line over, upon and across said The
358	358	Forest at Colorado Crossing, Section One plat, said 723.330 acre
359	359	Double Eagle Estates, Ltd. tract, and Moss Branch Cemetery, the
360	360	following six (6) courses and distances, numbered 1 through 6,
361	361	1. S2425'29"W, a distance of 303.37 feet to an iron rod
362	362	found at the northeast corner of the Moss Branch Cemetery,
363	363	2. N7228'33"W, a distance of 124.97 feet to an iron rod
364	364	found at the northwest corner of the Moss Branch Cemetery,
365	365	3. S1837'26"W, a distance of 193.57 feet to an iron rod
366	366	found at the southwest corner of said Moss Branch Cemetery,
367	367	4. S6148'04"E, a distance of 93.34 feet to an iron rod found
368	368	at the southeast corner of said Moss Branch Cemetery
369	369	5. S3432'36"W, a distance of 559.80 feet to an iron rod
370	370	found, and
371	371	6. S3018'22"W, a distance of 466.77 feet to a point, also
372	372	being the southwest corner of Lot 12 of said The Forest at Colorado
373	373	Crossing, Section One plat, also being the northwest corner of a
374	374	18.00 acre tract of land conveyed to Ruth Ann Hobbs in Volume 719,
375	375	Page 794 of the D.R.B.C.TX., also being an exterior angle point of
376	376	said 723.330 acre Double Eagle Estates, Ltd. tract, for an exterior
377	377	angle point of the herein described tract,
378	378	THENCE, with the eastern boundary line of said 723.330 acre
379	379	Double Eagle Estates, Ltd. tract, and the western boundary line of
380	380	said Hobbs tract, the following five (5) courses and distances,
381	381	numbered 1 through 5,
382	382	1. S8402'31"W, a distance of 56.57 feet to an angle point,
383	383	2. S2356'13"W, a distance of 201.24 feet to an angle point,
384	384	3. S5011'49"W, a distance of 171.49 feet to an angle point,
385	385	4. S1935'41"W, a distance of 523.42 feet to an angle point,
386	386	and
387	387	5. S1908'17"W, a distance of 308.22 feet to an angle point
388	388	the northeast corner of certain tract of land conveyed to St. Paul
389	389	Cemetery recorded in Volume 146, Page 332 of the D.R.B.C.TX., for
390	390	the southeast corner of the herein described tract,
391	391	THENCE, with the southern and eastern boundary lines of said
392	392	723.330 acre Double Eagle Estates, Ltd. tract, and the northern and
393	393	western boundary lines of said St. Paul Cemetery tract, the
394	394	following two (2) courses and distances, numbered 1 and 2,
395	395	1. N8736'13"W, a distance of 206.91 feet to an iron rod
396	396	found, and
397	397	2. S0340'57"W, a distance of 135.49 feet to an iron rod
398	398	found in the northern line of a 11.68 acre tract of land conveyed to
399	399	Arthur F. Corwin in Volume 166, Page 191 of the D.R.B.C.TX., for the
400	400	southeast corner of the herein described tract,
401	401	THENCE, with the southern boundary line of said 723.330 acre
402	402	Double Eagle Estates, Ltd. tract, and the northern boundary lines
403	403	of said Corwin tract, a 3.374 acre tract of land conveyed to Hershal
404	404	G. French in Volume 1285, page 898, a 1.45 acre tract of land
405	405	conveyed to Robert J. Muggley in Volume 295, Page 302, a 1.133 acre
406	406	tract of land conveyed to James and Julie Reese in Volume 1661, Page
407	407	574, a 0.886 acre tract of land conveyed to James F. and Alice Hart
408	408	in Volume 1689, Page 389and a 0.64 acre tract of land conveyed to
409	409	Clyde and Carolyn Poldrack in Volume 852, Page 182 all of the
410	410	D.R.B.C.TX., N6243'19"W, a distance of 895.13 feet to an iron rod
411	411	found at the northwest corner of said Poldrack tract, also being the
412	412	northeast corner of said Kitten tract for an interior angle point of
413	413	the herein described tract,
414	414	THENCE, with the eastern and southern boundary lines of said
415	415	Kitten tract, and the southern boundary line of said 723.330 acre
416	416	Double Eagle Estates, Ltd. tract, and said curving north boundary
417	417	line of Old State Highway No. 71, the following four (4) courses and
418	418	distances, numbered 1 through 4,
419	419	1. S3906'44"W, a distance of 153.80 feet to a point for the
420	420	southeast corner of said Kitten tract,
421	421	2. N3218'00"W, a distance of 108.42 feet to a point of
422	422	curvature to the left,
423	423	3. with said curve to the left having a radius of 1195.98
424	424	feet, an arc length of 63.81 feet, and whose chord bears N3500'25"W
425	425	a distance of 63.80 feet to a point of curvature to the left,
426	426	4. with said curve to the left having a radius of 1195.98
427	427	feet, an arc length of 312.25 feet and whose chord bears N4400'54"W
428	428	a distance of 311.36 feet to the POINT OF BEGINNING, and containing
429	429	700.800 acres of land.
430	430	SAVE AND EXCEPT:
431	431	TRACT 1
432	432	BEGINNING, at an iron rod found at the western angle point of
433	433	Lot 28 of Rocking "S" Estates, a subdivision recorded in Cabinet 3,
434	434	Page 107B of the P.R.B.C.TX., also being the southern line of said
435	435	723.330 acre Double Eagle Estates, Ltd. tract, for the POINT OF
436	436	COMMENCEMENT for the herein described tract,
437	437	THENCE, crossing said 723.330 acre Double Eagle Estates, Ltd.
438	438	tract, N3812'48"W, a distance of 928.50 feet to a point at the
439	439	southwest corner of a 17.00 acre tract of land conveyed to The
440	440	Margaret Bryant-Collins Maguire Separate-Property Living Trust in
441	441	Volume 1723, Page 499 of the D.R.B.C.TX., for the southwest corner
442	442	and POINT OF BEGINNING of the herein described 17.00 acre tract of
443	443	land,
444	444	THENCE, following a line over, upon and across said 723.330
445	445	acre Double Eagle Estates, Ltd. tract, and The Margaret
446	446	Bryant-Collins Maguire Separate-Property Living Trust tract, the
447	447	following twenty-two (22) courses and distances, numbered 1 through
448	448	22,
449	449	1. N1548'51"W, a distance of 224.58 feet to an iron rod
450	450	found,
451	451	2. N4833'46"W, a distance of 109.44 feet to an iron rod
452	452	found,
453	453	3. N5745'37"W, a distance of 135.80 feet to an iron rod
454	454	found,
455	455	4. N8727'33"W, a distance of 107.40 feet to an iron rod
456	456	found,
457	457	5. N4640'04"E, a distance of 299.60 feet to an iron rod
458	458	found,
459	459	6. N6558'30"E, a distance of 245.13 feet to an iron rod
460	460	found,
461	461	7. S7536'30"E, a distance of 29.89 feet to an iron rod
462	462	found,
463	463	8. S3712'43"E, a distance of 87.53 feet to an iron rod
464	464	found,
465	465	9. N4930'35"E, a distance of 53.61 feet to an iron rod
466	466	found,
467	467	10. N6426'50"E, a distance of 110.77 feet to an iron rod
468	468	found,
469	469	11. N6349'01"E, a distance of 63.84 feet to an iron rod
470	470	found,
471	471	12. N3443'32"E, a distance of 55.48 feet to an iron rod
472	472	found,
473	473	13. N6625'50"E, a distance of 53.95 feet to an iron rod
474	474	found,
475	475	14. N6948'35"E, a distance of 90.82 feet to an iron rod
476	476	found,
477	477	15. N7351'29"E, a distance of 68.32 feet to an iron rod
478	478	found,
479	479	16. N8937'22"E, a distance of 205.77 feet to an iron rod
480	480	found,
481	481	17. S1923'14"E, a distance of 137.45 feet to an iron rod
482	482	found,
483	483	18. S3019'51"W, a distance of 109.73 feet to an iron rod
484	484	found,
485	485	19. S0457'11"E, a distance of 153.93 feet to an iron rod
486	486	found,
487	487	20. S2539'51"E, a distance of 242.36 feet to an iron rod
488	488	found,
489	489	21. S2526'19"W, a distance of 367.29 feet to an iron rod
490	490	found and
491	491	22. N8201'48"W, a distance of 751.95 feet to the POINT OF
492	492	BEGINNING and containing 17.000 acres of land.
493	493	TRACT 2
494	494	BEGINNING, at an iron rod found at the western angle point of
495	495	Lot 28 of Rocking "S" Estates, a subdivision recorded in Cabinet 3,
496	496	Page 107B of the P.R.B.C.TX., also being the southern line of said
497	497	723.330 acre Double Eagle Estates, Ltd. tract, for the POINT OF
498	498	COMMENCEMENT for the herein described tract,
499	499	THENCE, crossing said 723.330 acre Double Eagle Estates, Ltd.
500	500	tract, N3812'48"W, a distance of 928.50 feet to a point at the
501	501	southwest corner of a 17.00 acre tract of land conveyed to The
502	502	Margaret Bryant-Collins Maguire Separate-Property Living Trust in
503	503	Volume 1723, Page 499 of the D.R.B.C.TX., for the southwest corner
504	504	and POINT OF BEGINNING of the herein described 4.487 acre tract of
505	505	land,
506	506	THENCE, with the northern boundary line of said 723.330 acre
507	507	Double Eagle Estates, Ltd. tract, and the southern boundary line of
508	508	said The Margaret Bryant-Collins Maguire Separate-Property Living
509	509	Trust tract, S8201'48"E, a distance of 751.95 feet to a point, for
510	510	the northeast corner of the herein described tract,
511	511	THENCE, crossing said 723.330 acre Double Eagle Estates, Ltd.
512	512	tract, the following four (4) courses and distances, numbered 1
513	513	through 4,
514	514	1. S3645'58"W, a distance of 474.11 feet to a point,
515	515	2. N6016'26"W, a distance of 286.24 feet to a point,
516	516	3. N4323'08"W, a distance of 292.58 feet to a point, and
517	517	4. N0500'54"W, a distance of 130.00 feet to a point the
518	518	POINT OF BEGINNING and containing 4.487 acres of land.
519	519	TRACT 3
520	520	BEGINNING, at an iron rod found at the most western ell of of
521	521	a 17.00 acre tract of land conveyed to The Margaret Bryant-Collins
522	522	Maguire Separate-Property Living Trust in Volume 1723, Page 499 of
523	523	the D.R.B.C.TX, also being the ell of said 723.330 acre Double Eagle
524	524	Estates, Ltd. tract, for the POINT OF COMMENCEMENT for the herein
525	525	described tract,
526	526	BEGINNING, with the southern boundary line of said 723.330
527	527	acre Double Eagle Estates, Ltd. tract, and the northern boundary
528	528	line of said The Margaret Bryant-Collins Maguire Separate-Property
529	529	Living Trust tract, N4640'04"E, a distance of 103.92 feet to a
530	530	point, for the southwest corner and POINT OF BEGINNING of the herein
531	531	described 0.456 acre (19,875 square feet) tract of land,
532	532	THENCE, crossing said 723.330 acre Double Eagle Estates, Ltd.
533	533	tract, the following seven (7) courses and distances, numbered 1
534	534	through 7,
535	535	1. N3514'02"W, a distance of 205.68 feet to a point,
536	536	2. S5251'43"W, a distance of 23.12 feet to a point,
537	537	3. N3708'17"W, a distance of 100.00 feet to a point,
538	538	4. N5251'43"E, a distance of 100.00 feet to a point,
539	539	5. S3708'17"E, a distance of 100.00 feet to a point,
540	540	6. S1946'00"E, a distance of 213.11 feet to a point, and
541	541	7. S4640'04"W, a distance of 20.20 feet to a point the POINT
542	542	OF BEGINNING and containing 0.456 acres of land.
543	543	SECTION 3. (a) The legal notice of the intention to
544	544	introduce this Act, setting forth the general substance of this
545	545	Act, has been published as provided by law, and the notice and a
546	546	copy of this Act have been furnished to all persons, agencies,
547	547	officials, or entities to which they are required to be furnished
548	548	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
549	549	Government Code.
550	550	(b) The governor, one of the required recipients, has
551	551	submitted the notice and Act to the Texas Commission on
552	552	Environmental Quality.
553	553	(c) The Texas Commission on Environmental Quality has filed
554	554	its recommendations relating to this Act with the governor, the
555	555	lieutenant governor, and the speaker of the house of
556	556	representatives within the required time.
557	557	(d) All requirements of the constitution and laws of this
558	558	state and the rules and procedures of the legislature with respect
559	559	to the notice, introduction, and passage of this Act are fulfilled
560	560	and accomplished.
561	561	SECTION 4. This Act takes effect immediately if it receives
562	562	a vote of two-thirds of all the members elected to each house, as
563	563	provided by Section 39, Article III, Texas Constitution. If this
564	564	Act does not receive the vote necessary for immediate effect, this
565	565	Act takes effect September 1, 2009.
566	566	* * * * *