Texas 2009 - 81st Regular

Texas Senate Bill SB2504 Compare Versions

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1	1	S.B. No. 2504
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Montgomery County Municipal Utility
6	6	Districts Nos. 128 and 129; providing authority to impose a tax and
7	7	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 Chapters 8355 and 8356 to read as
11	11	follows:
12	12	CHAPTER 8355. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 128
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8355.001. 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 Montgomery County Municipal
18	18	Utility District No. 128.
19	19	Sec. 8355.002. 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. 8355.003. 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. 8355.004. CONSENT OF MUNICIPALITY REQUIRED. The
27	27	temporary directors may not hold an election under Section 8355.003
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. 8355.005. 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. 8355.006. INITIAL DISTRICT TERRITORY. (a) The
42	42	district is initially composed of the territory described by
43	43	Section 2(a) of the Act creating this chapter.
44	44	(b) The boundaries and field notes contained in Section 2(a)
45	45	of the Act creating this chapter form a closure. A mistake made in
46	46	the field notes or in copying the field notes in the legislative
47	47	process 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 8355.007-8355.050 reserved for expansion]
55	55	SUBCHAPTER B. BOARD OF DIRECTORS
56	56	Sec. 8355.051. 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 8355.052, directors serve
59	59	staggered four-year terms.
60	60	Sec. 8355.052. TEMPORARY DIRECTORS. (a) The temporary
61	61	board consists of:
62	62	(1) H. Daniel Wright;
63	63	(2) Justin Hood;
64	64	(3) Sherry Barker;
65	65	(4) Noe Carrasco; and
66	66	(5) Rusty Wilson.
67	67	(b) If a temporary director fails to qualify for office, the
68	68	temporary directors who have qualified shall appoint a person to
69	69	fill the vacancy.
70	70	(c) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8355.003; or
73	73	(2) September 1, 2013.
74	74	(d) If permanent directors have not been elected under
75	75	Section 8355.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (e) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 8355.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(e) If Subsection (d) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the Texas Commission on Environmental
86	86	Quality requesting that the commission appoint as successor
87	87	temporary directors the five persons named in the petition. The
88	88	commission shall appoint as successor temporary directors the five
89	89	persons named in the petition.
90	90	[Sections 8355.053-8355.100 reserved for expansion]
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8355.101. GENERAL POWERS AND DUTIES. The district has
93	93	the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8355.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8355.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 8355.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	subdivision requirements, and regulations of each municipality in
109	109	whose corporate limits or extraterritorial jurisdiction the road
110	110	project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 8355.105. DIVISION OF DISTRICT. (a) The district may
120	120	be divided into two or more new districts only if the district:
121	121	(1) has no outstanding bonded debt; and
122	122	(2) is not imposing ad valorem taxes.
123	123	(b) This chapter applies to any new district created by the
124	124	division of the district, and a new district has all the powers and
125	125	duties of the district.
126	126	(c) Any new district created by the division of the district
127	127	may not, at the time the new district is created:
128	128	(1) contain any land outside the area described by
129	129	Section 2(a) of the Act creating this chapter; or
130	130	(2) contain less than 200 or more than 600 acres of
131	131	land without the prior consent of any municipality in whose
132	132	extraterritorial jurisdiction the district is located.
133	133	(d) The board, on its own motion or on receipt of a petition
134	134	signed by the owner or owners of a majority of the assessed value of
135	135	the real property in the district, may adopt an order dividing the
136	136	district.
137	137	(e) The board may adopt an order dividing the district
138	138	before or after the date the board holds an election under Section
139	139	8355.003 to confirm the district's creation.
140	140	(f) An order dividing the district shall:
141	141	(1) name each new district;
142	142	(2) include the metes and bounds description of the
143	143	territory of each new district;
144	144	(3) appoint temporary directors for each new district;
145	145	and
146	146	(4) provide for the division of assets and liabilities
147	147	between or among the new districts.
148	148	(g) On or before the 30th day after the date of adoption of
149	149	an order dividing the district, the district shall file the order
150	150	with the Texas Commission on Environmental Quality and record the
151	151	order in the real property records of each county in which the
152	152	district is located.
153	153	(h) Any new district created by the division of the district
154	154	shall hold a confirmation and directors' election as required by
155	155	Section 8355.003. A new district that is not confirmed is subject
156	156	to dissolution under general law.
157	157	(i) Except as provided by Subsection (c), municipal consent
158	158	to the creation of the district and to the inclusion of land in the
159	159	district granted under Section 8355.004 acts as municipal consent
160	160	to the creation of any new district created by the division of the
161	161	district and to the inclusion of land in the new district.
162	162	(j) Any new district created by the division of the district
163	163	must hold an election as required by this chapter to obtain voter
164	164	approval before the district may impose a maintenance tax or issue
165	165	bonds payable wholly or partly from ad valorem taxes.
166	166	Sec. 8355.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
167	167	OR RESOLUTION. The district shall comply with all applicable
168	168	requirements of any ordinance or resolution that is adopted under
169	169	Section 54.016 or 54.0165, Water Code, and that consents to the
170	170	creation of the district or to the inclusion of land in the
171	171	district.
172	172	Sec. 8355.107. EFFECT OF ANNEXATION. (a) A municipality
173	173	within whose extraterritorial jurisdiction the land in the district
174	174	lies may annex all of the district into its corporate limits under
175	175	the terms of an agreement entered into before the effective date of
176	176	the Act creating this chapter between the municipality and the
177	177	owners of the land being annexed, and, in that instance, the
178	178	district may not be dissolved, except as provided by Subsection
179	179	(b).
180	180	(b) The district may be dissolved and its debts and
181	181	obligations assumed by the municipality in accordance with Chapter
182	182	43, Local Government Code, including Sections 43.075 and 43.0715,
183	183	on:
184	184	(1) annexation of all of the territory of the district
185	185	by the municipality; and
186	186	(2) completion of the construction of the water,
187	187	sanitary sewer, and drainage improvements and roads required to
188	188	serve at least 95 percent of the land in the district.
189	189	(c) Notwithstanding Section 54.016(f)(2), Water Code, a
190	190	contract between the municipality and the district that provides
191	191	for the allocation of the taxes or revenues between the district and
192	192	the municipality following the date of inclusion of all the
193	193	district's territory in the corporate limits of the municipality
194	194	may provide that the total annual ad valorem taxes collected by the
195	195	municipality and the district from taxable property in the district
196	196	may exceed the municipality's ad valorem tax on the property.
197	197	Sec. 8355.108. LIMITATION ON USE OF EMINENT DOMAIN. The
198	198	district may not exercise the power of eminent domain outside the
199	199	district to acquire a site or easement for:
200	200	(1) a road project authorized by Section 8355.103; or
201	201	(2) a recreational facility as defined by Section
202	202	49.462, Water Code.
203	203	[Sections 8355.109-8355.150 reserved for expansion]
204	204	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
205	205	Sec. 8355.151. ELECTIONS REGARDING TAXES OR BONDS.
206	206	(a) The district may issue, without an election, bonds and other
207	207	obligations secured by:
208	208	(1) revenue other than ad valorem taxes; or
209	209	(2) contract payments described by Section 8355.153.
210	210	(b) The district must hold an election in the manner
211	211	provided by Chapters 49 and 54, Water Code, to obtain voter approval
212	212	before the district may impose an ad valorem tax or issue bonds
213	213	payable from ad valorem taxes.
214	214	(c) The district may not issue bonds payable from ad valorem
215	215	taxes to finance a road project unless the issuance is approved by a
216	216	vote of a two-thirds majority of the district voters voting at an
217	217	election held for that purpose.
218	218	Sec. 8355.152. OPERATION AND MAINTENANCE TAX. (a) If
219	219	authorized at an election held under Section 8355.151, the district
220	220	may impose an operation and maintenance tax on taxable property in
221	221	the district in accordance with Section 49.107, Water Code.
222	222	(b) The board shall determine the tax rate. The rate may not
223	223	exceed the rate approved at the election.
224	224	Sec. 8355.153. CONTRACT TAXES. (a) In accordance with
225	225	Section 49.108, Water Code, the district may impose a tax other than
226	226	an operation and maintenance tax and use the revenue derived from
227	227	the tax to make payments under a contract after the provisions of
228	228	the contract have been approved by a majority of the district voters
229	229	voting at an election held for that purpose.
230	230	(b) A contract approved by the district voters may contain a
231	231	provision stating that the contract may be modified or amended by
232	232	the board without further voter approval.
233	233	[Sections 8355.154-8355.200 reserved for expansion]
234	234	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
235	235	Sec. 8355.201. AUTHORITY TO ISSUE BONDS AND OTHER
236	236	OBLIGATIONS. The district may issue bonds or other obligations
237	237	payable wholly or partly from ad valorem taxes, impact fees,
238	238	revenue, including revenue received by the district under Chapter
239	239	311, Tax Code, and Chapter 380, Local Government Code, assessments,
240	240	grants, or other district money, or any combination of those
241	241	sources, to pay for any authorized district purpose.
242	242	Sec. 8355.202. TAXES FOR BONDS. At the time the district
243	243	issues bonds payable wholly or partly from ad valorem taxes, the
244	244	board shall provide for the annual imposition of a continuing
245	245	direct ad valorem tax, without limit as to rate or amount, while all
246	246	or part of the bonds are outstanding as required and in the manner
247	247	provided by Sections 54.601 and 54.602, Water Code.
248	248	Sec. 8355.203. BONDS FOR ROAD PROJECTS. At the time of
249	249	issuance, the total principal amount of bonds or other obligations
250	250	issued or incurred to finance road projects and payable from ad
251	251	valorem taxes may not exceed one-fourth of the assessed value of the
252	252	real property in the district.
253	253	CHAPTER 8356. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 129
254	254	SUBCHAPTER A. GENERAL PROVISIONS
255	255	Sec. 8356.001. DEFINITIONS. In this chapter:
256	256	(1) "Board" means the district's board of directors.
257	257	(2) "Director" means a board member.
258	258	(3) "District" means the Montgomery County Municipal
259	259	Utility District No. 129.
260	260	Sec. 8356.002. NATURE OF DISTRICT. The district is a
261	261	municipal utility district created under Section 59, Article XVI,
262	262	Texas Constitution.
263	263	Sec. 8356.003. CONFIRMATION AND DIRECTORS' ELECTION
264	264	REQUIRED. The temporary directors shall hold an election to
265	265	confirm the creation of the district and to elect five permanent
266	266	directors as provided by Section 49.102, Water Code.
267	267	Sec. 8356.004. CONSENT OF MUNICIPALITY REQUIRED. The
268	268	temporary directors may not hold an election under Section 8356.003
269	269	until each municipality in whose corporate limits or
270	270	extraterritorial jurisdiction the district is located has
271	271	consented by ordinance or resolution to the creation of the
272	272	district and to the inclusion of land in the district.
273	273	Sec. 8356.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
274	274	(a) The district is created to serve a public purpose and benefit.
275	275	(b) The district is created to accomplish the purposes of:
276	276	(1) a municipal utility district as provided by
277	277	general law and Section 59, Article XVI, Texas Constitution; and
278	278	(2) Section 52, Article III, Texas Constitution, that
279	279	relate to the construction, acquisition, improvement, operation,
280	280	or maintenance of macadamized, graveled, or paved roads, or
281	281	improvements, including storm drainage, in aid of those roads.
282	282	Sec. 8356.006. INITIAL DISTRICT TERRITORY. (a) The
283	283	district is initially composed of the territory described by
284	284	Section 2(b) of the Act creating this chapter.
285	285	(b) The boundaries and field notes contained in Section 2(b)
286	286	of the Act creating this chapter form a closure. A mistake made in
287	287	the field notes or in copying the field notes in the legislative
288	288	process does not affect the district's:
289	289	(1) organization, existence, or validity;
290	290	(2) right to issue any type of bond for the purposes
291	291	for which the district is created or to pay the principal of and
292	292	interest on a bond;
293	293	(3) right to impose a tax; or
294	294	(4) legality or operation.
295	295	[Sections 8356.007-8356.050 reserved for expansion]
296	296	SUBCHAPTER B. BOARD OF DIRECTORS
297	297	Sec. 8356.051. GOVERNING BODY; TERMS. (a) The district is
298	298	governed by a board of five elected directors.
299	299	(b) Except as provided by Section 8356.052, directors serve
300	300	staggered four-year terms.
301	301	Sec. 8356.052. TEMPORARY DIRECTORS. (a) The temporary
302	302	board consists of:
303	303	(1) Wade Bradow;
304	304	(2) Joel Littlefield;
305	305	(3) Bryan Neal;
306	306	(4) James Coody; and
307	307	(5) Simon Sequeira.
308	308	(b) If a temporary director fails to qualify for office, the
309	309	temporary directors who have qualified shall appoint a person to
310	310	fill the vacancy.
311	311	(c) Temporary directors serve until the earlier of:
312	312	(1) the date permanent directors are elected under
313	313	Section 8356.003; or
314	314	(2) September 1, 2013.
315	315	(d) If permanent directors have not been elected under
316	316	Section 8356.003 and the terms of the temporary directors have
317	317	expired, successor temporary directors shall be appointed or
318	318	reappointed as provided by Subsection (e) to serve terms that
319	319	expire on the earlier of:
320	320	(1) the date permanent directors are elected under
321	321	Section 8356.003; or
322	322	(2) the fourth anniversary of the date of the
323	323	appointment or reappointment.
324	324	(e) If Subsection (d) applies, the owner or owners of a
325	325	majority of the assessed value of the real property in the district
326	326	may submit a petition to the Texas Commission on Environmental
327	327	Quality requesting that the commission appoint as successor
328	328	temporary directors the five persons named in the petition. The
329	329	commission shall appoint as successor temporary directors the five
330	330	persons named in the petition.
331	331	[Sections 8356.053-8356.100 reserved for expansion]
332	332	SUBCHAPTER C. POWERS AND DUTIES
333	333	Sec. 8356.101. GENERAL POWERS AND DUTIES. The district has
334	334	the powers and duties necessary to accomplish the purposes for
335	335	which the district is created.
336	336	Sec. 8356.102. MUNICIPAL UTILITY DISTRICT POWERS AND
337	337	DUTIES. The district has the powers and duties provided by the
338	338	general law of this state, including Chapters 49 and 54, Water Code,
339	339	applicable to municipal utility districts created under Section 59,
340	340	Article XVI, Texas Constitution.
341	341	Sec. 8356.103. AUTHORITY FOR ROAD PROJECTS. Under Section
342	342	52, Article III, Texas Constitution, the district may design,
343	343	acquire, construct, finance, issue bonds for, improve, operate,
344	344	maintain, and convey to this state, a county, or a municipality for
345	345	operation and maintenance macadamized, graveled, or paved roads, or
346	346	improvements, including storm drainage, in aid of those roads.
347	347	Sec. 8356.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
348	348	road project must meet all applicable construction standards,
349	349	subdivision requirements, and regulations of each municipality in
350	350	whose corporate limits or extraterritorial jurisdiction the road
351	351	project is located.
352	352	(b) If a road project is not located in the corporate limits
353	353	or extraterritorial jurisdiction of a municipality, the road
354	354	project must meet all applicable construction standards,
355	355	subdivision requirements, and regulations of each county in which
356	356	the road project is located.
357	357	(c) If the state will maintain and operate the road, the
358	358	Texas Transportation Commission must approve the plans and
359	359	specifications of the road project.
360	360	Sec. 8356.105. DIVISION OF DISTRICT. (a) The district may
361	361	be divided into two or more new districts only if the district:
362	362	(1) has no outstanding bonded debt; and
363	363	(2) is not imposing ad valorem taxes.
364	364	(b) This chapter applies to any new district created by the
365	365	division of the district, and a new district has all the powers and
366	366	duties of the district.
367	367	(c) Any new district created by the division of the district
368	368	may not, at the time the new district is created:
369	369	(1) contain any land outside the area described by
370	370	Section 2(b) of the Act creating this chapter; or
371	371	(2) contain less than 200 or more than 600 acres of
372	372	land without the prior consent of any municipality in whose
373	373	extraterritorial jurisdiction the district is located.
374	374	(d) The board, on its own motion or on receipt of a petition
375	375	signed by the owner or owners of a majority of the assessed value of
376	376	the real property in the district, may adopt an order dividing the
377	377	district.
378	378	(e) The board may adopt an order dividing the district
379	379	before or after the date the board holds an election under Section
380	380	8356.003 to confirm the district's creation.
381	381	(f) An order dividing the district shall:
382	382	(1) name each new district;
383	383	(2) include the metes and bounds description of the
384	384	territory of each new district;
385	385	(3) appoint temporary directors for each new district;
386	386	and
387	387	(4) provide for the division of assets and liabilities
388	388	between or among the new districts.
389	389	(g) On or before the 30th day after the date of adoption of
390	390	an order dividing the district, the district shall file the order
391	391	with the Texas Commission on Environmental Quality and record the
392	392	order in the real property records of each county in which the
393	393	district is located.
394	394	(h) Any new district created by the division of the district
395	395	shall hold a confirmation and directors' election as required by
396	396	Section 8356.003. A new district that is not confirmed is subject
397	397	to dissolution under general law.
398	398	(i) Except as provided by Subsection (c), municipal consent
399	399	to the creation of the district and to the inclusion of land in the
400	400	district granted under Section 8356.004 acts as municipal consent
401	401	to the creation of any new district created by the division of the
402	402	district and to the inclusion of land in the new district.
403	403	(j) Any new district created by the division of the district
404	404	must hold an election as required by this chapter to obtain voter
405	405	approval before the district may impose a maintenance tax or issue
406	406	bonds payable wholly or partly from ad valorem taxes.
407	407	Sec. 8356.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
408	408	OR RESOLUTION. The district shall comply with all applicable
409	409	requirements of any ordinance or resolution that is adopted under
410	410	Section 54.016 or 54.0165, Water Code, and that consents to the
411	411	creation of the district or to the inclusion of land in the
412	412	district.
413	413	Sec. 8356.107. EFFECT OF ANNEXATION. (a) A municipality
414	414	within whose extraterritorial jurisdiction the land in the district
415	415	lies may annex all of the district into its corporate limits under
416	416	the terms of an agreement entered into before the effective date of
417	417	the Act creating this chapter between the municipality and the
418	418	owners of the land being annexed, and, in that instance, the
419	419	district may not be dissolved, except as provided by Subsection
420	420	(b).
421	421	(b) The district may be dissolved and its debts and
422	422	obligations assumed by the municipality in accordance with Chapter
423	423	43, Local Government Code, including Sections 43.075 and 43.0715,
424	424	on:
425	425	(1) annexation of all of the territory of the district
426	426	by the municipality; and
427	427	(2) completion of the construction of the water,
428	428	sanitary sewer, and drainage improvements and roads required to
429	429	serve at least 95 percent of the land in the district.
430	430	(c) Notwithstanding Section 54.016(f)(2), Water Code, a
431	431	contract between the municipality and the district that provides
432	432	for the allocation of the taxes or revenues between the district and
433	433	the municipality following the date of inclusion of all the
434	434	district's territory in the corporate limits of the municipality
435	435	may provide that the total annual ad valorem taxes collected by the
436	436	municipality and the district from taxable property in the district
437	437	may exceed the municipality's ad valorem tax on the property.
438	438	Sec. 8356.108. LIMITATION ON USE OF EMINENT DOMAIN. The
439	439	district may not exercise the power of eminent domain outside the
440	440	district to acquire a site or easement for:
441	441	(1) a road project authorized by Section 8356.103; or
442	442	(2) a recreational facility as defined by Section
443	443	49.462, Water Code.
444	444	[Sections 8356.109-8356.150 reserved for expansion]
445	445	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
446	446	Sec. 8356.151. ELECTIONS REGARDING TAXES OR BONDS.
447	447	(a) The district may issue, without an election, bonds and other
448	448	obligations secured by:
449	449	(1) revenue other than ad valorem taxes; or
450	450	(2) contract payments described by Section 8356.153.
451	451	(b) The district must hold an election in the manner
452	452	provided by Chapters 49 and 54, Water Code, to obtain voter approval
453	453	before the district may impose an ad valorem tax or issue bonds
454	454	payable from ad valorem taxes.
455	455	(c) The district may not issue bonds payable from ad valorem
456	456	taxes to finance a road project unless the issuance is approved by a
457	457	vote of a two-thirds majority of the district voters voting at an
458	458	election held for that purpose.
459	459	Sec. 8356.152. OPERATION AND MAINTENANCE TAX. (a) If
460	460	authorized at an election held under Section 8356.151, the district
461	461	may impose an operation and maintenance tax on taxable property in
462	462	the district in accordance with Section 49.107, Water Code.
463	463	(b) The board shall determine the tax rate. The rate may not
464	464	exceed the rate approved at the election.
465	465	Sec. 8356.153. CONTRACT TAXES. (a) In accordance with
466	466	Section 49.108, Water Code, the district may impose a tax other than
467	467	an operation and maintenance tax and use the revenue derived from
468	468	the tax to make payments under a contract after the provisions of
469	469	the contract have been approved by a majority of the district voters
470	470	voting at an election held for that purpose.
471	471	(b) A contract approved by the district voters may contain a
472	472	provision stating that the contract may be modified or amended by
473	473	the board without further voter approval.
474	474	[Sections 8356.154-8356.200 reserved for expansion]
475	475	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
476	476	Sec. 8356.201. AUTHORITY TO ISSUE BONDS AND OTHER
477	477	OBLIGATIONS. The district may issue bonds or other obligations
478	478	payable wholly or partly from ad valorem taxes, impact fees,
479	479	revenue, including revenue received by the district under Chapter
480	480	311, Tax Code, and Chapter 380, Local Government Code, assessments,
481	481	grants, or other district money, or any combination of those
482	482	sources, to pay for any authorized district purpose.
483	483	Sec. 8356.202. TAXES FOR BONDS. At the time the district
484	484	issues bonds payable wholly or partly from ad valorem taxes, the
485	485	board shall provide for the annual imposition of a continuing
486	486	direct ad valorem tax, without limit as to rate or amount, while all
487	487	or part of the bonds are outstanding as required and in the manner
488	488	provided by Sections 54.601 and 54.602, Water Code.
489	489	Sec. 8356.203. BONDS FOR ROAD PROJECTS. At the time of
490	490	issuance, the total principal amount of bonds or other obligations
491	491	issued or incurred to finance road projects and payable from ad
492	492	valorem taxes may not exceed one-fourth of the assessed value of the
493	493	real property in the district.
494	494	SECTION 2. (a) The Montgomery County Municipal Utility
495	495	District No. 128 initially includes all the territory contained in
496	496	the following area:
497	497	TRACT NO. 1
498	498	FIELD NOTES FOR A 66.8118 ACRE TRACT OF LAND IN THE JAMES BUCHANAN
499	499	SURVEY, ABSTRACT 100, AND THE ELIJAH COLLARD SURVEY, ABSTRACT 7,
500	500	MONTGOMERY COUNTY, TEXAS, BEING A PART AND OUT OF THAT SAME TRACT
501	501	DESCRIBED AS 71.6505 ACRES IN DEED FROM 830 PARK, LTD. TO RANDAL A.
502	502	HENDRICKS, TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE
503	503	NUMBER 8208404 IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY
504	504	AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
505	505	FOLLOWS:
506	506	BEGINNING at the called Southwest corner of the aforementioned
507	507	James Buchanan Survey, same being the Southwest corner of a certain
508	508	called 112.658 acre tract described in deed from C. A. Johnson to
509	509	Floyd L. McNutt, Trustee, being of record in Volume 664, at Page 537
510	510	of the Deed Records of Montgomery County, Texas, and the most
511	511	southerly Southwest corner of the herein described tract;
512	512	THENCE North 12 degrees, 52 minutes, 27 seconds East a distance of
513	513	717.81 feet to a point for corner;
514	514	THENCE North 75 degrees, 23 minutes, 12 seconds West a distance of
515	515	137.03 feet to a point for corner in the East right-of-way line of
516	516	Old Egypt Road (80' R-O-W);
517	517	THENCE in a northerly direction along said East right-of-way line,
518	518	North 19 degrees, 10 minutes, 23 seconds East, 296.88 feet to a
519	519	point for corner;
520	520	THENCE North 21 degrees, 09 minutes, 33 seconds East, continuing
521	521	along said East right-of-way line, 196.92 feet to a point in said
522	522	line being the most southerly Northwest corner of a called 4.8800
523	523	acre tract being designated for use as a City of Conroe water
524	524	plant/fire station;
525	525	THENCE South 65 degrees, 50 minutes, 54 seconds East, along the
526	526	boundary of said called 4.8800 acre City of Conroe tract, a distance
527	527	of 243.66 feet to a point for corner;
528	528	THENCE South 02 degrees, 51 minutes, 09 seconds West, along the most
529	529	southerly West line of said called 4.8800 acre tract, a distance of
530	530	460.99 feet to a point for the most southerly Southwest corner of
531	531	said tract;
532	532	THENCE South 87 degrees, 08 minutes, 51 seconds East, along the
533	533	South line of said called 4.8800 acre tract, a distance of 275.00
534	534	feet to a point for the Southeast corner of said tract;
535	535	THENCE North 02 degrees, 51 minutes, 09 seconds East, along the East
536	536	line of said called 4.8800 acre tract, a distance of 568.44 feet to
537	537	a point for the Northeast corner of said tract;
538	538	THENCE North 65 degrees, 50 minutes, 54 seconds West, along the
539	539	Northeast line of said called 4.8800 acre tract, a distance of
540	540	461.81 feet to a point in the aforementioned
541	541	East right-of-way line of Old Egypt Road, same being the most
542	542	northerly Northwest corner of said tract;
543	543	THENCE North 26 degrees, 41 minutes, 03 seconds East, along said
544	544	East right-of-way line, a distance of 261.40 feet to a an angle
545	545	point;
546	546	THENCE North 34 degrees, 34 minute, 34 seconds East, continuing
547	547	along said East right-of-way line, 321.85 feet to a point for corner
548	548	in the South right-of-way line of F. M. Highway No. 830 (120'
549	549	R-O-W);
550	550	THENCE South 82 degrees, 34 minutes, 28 seconds East, along said
551	551	South right-of-way line, a distance of 86.72 feet to a point in said
552	552	line being the point of intersection of said right-of-way line with
553	553	a non-tangent curve to the right;
554	554	THENCE, continuing along said South right-of-way line, in a
555	555	southeasterly direction around said curve to the right having a
556	556	radius of 5,301.86 feet, a central angle of 04 degrees, 26 minutes,
557	557	06 seconds, and a chord bearing South 49 degrees, 07 minutes, 58
558	558	seconds East 410.30 feet, for a distance of 410.40 feet to the point
559	559	of tangency of said curve;
560	560	THENCE, continuing along said South right-of-way line, South 46
561	561	degrees, 23 minutes, 05 seconds East for a distance of 477.83 feet
562	562	to a point in said line being the point of curvature of a curve to
563	563	the left;
564	564	THENCE, continuing along said South right-of-way line, in a
565	565	southeasterly direction around said curve to the left having a
566	566	radius of 3,795.04 feet, a central angle of 16 degrees, 27 minutes,
567	567	08 seconds, and a chord bearing South 54 degrees, 53 minutes, 20
568	568	seconds East 1,085.98 feet, for a distance of 1,089.72 feet to a
569	569	point in said line being the Northwest corner of a certain adjacent
570	570	called 80.883 acre tract described in deed from Barclay-Anderson &
571	571	Company, Inc. to Randal Arlan Hendricks, Trustee being of record
572	572	under County Clerk's File Number 8258092 in the Real Property
573	573	Records of Montgomery County, Texas for the Northeast corner of the
574	574	herein described 66.8118 acre tract;
575	575	THENCE South 10 degrees, 39 minutes, 40 seconds West, along the West
576	576	line of said called 80.883 acre tract and being the East line of the
577	577	tract herein described, a distance of 1,064.64 feet to a point in
578	578	the South line of the aforementioned James Buchanan Survey being
579	579	the Southwest corner of said called 80.883 acre tract for the
580	580	Southeast corner of the herein described 66.8118 acre tract;
581	581	THENCE North 78 degrees, 44 minutes, 21 seconds West, along said
582	582	South line of the Buchanan Survey, same being the South line of the
583	583	aforementioned called 71.6503 acre tract and the South line of the
584	584	tract herein described, a distance of 2,050.01 feet to the PLACE OF
585	585	BEGINNING and containing 66.8118 acres of land, more or less.
586	586	TRACT NO. 2
587	587	FIELD NOTES FOR A 34.161 ACRE TRACT OF LAND BEING A CALLED 34.3175
588	588	ACRE TRACT OUT OF THE JAMES BUCHANAN SURVEY, ABSTRACT 100,
589	589	MONTGOMERY COUNTY, TEXAS, DESCRIBED IN DEED FROM 830 PARK, LTD., TO
590	590	RANDAL A. HENDRICKS, TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S
591	591	FILE NUMBER 8208404 IN THE REAL PROPERTY RECORDS OF MONTGOMERY
592	592	COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
593	593	BOUNDS AS FOLLOWS:
594	594	BEGINNING at the Northeast corner of said 34.3175 acre tract, said
595	595	point being an interior corner of a certain called 191.659 acre
596	596	tract described in deed from Barclay-Anderson & Company, Inc., to
597	597	Randal Arlan Hendricks, Trustee, being of record under Clerk's File
598	598	Number 8258092 of the Real Property Records of Montgomery County,
599	599	Texas, for the Northeast corner of the herein described tract;
600	600	THENCE South 13 degrees, 58 minutes, 47 seconds West, along a
601	601	Westerly line of said called 191.659 acre tract and the Easterly
602	602	line of said called 34.3175 acre tract, a distance of 1,374.54 feet
603	603	to a point on a curve in Northeasterly right-of-way line of F.M.
604	604	Highway No. 830, based on 120-foot width for the most Southerly
605	605	Southwest corner of said called 191.659 acre tract and the
606	606	Southeast corner of said called 34.3175 acre tract and the herein
607	607	described tract;
608	608	THENCE in a Northwesterly direction along the Northeasterly
609	609	right-of-way line of said F.M. Highway No. 830 and the
610	610	Southwesterly line of said called 34.3175 acre tract, around a
611	611	curve to the right having a radius of 3,697.10 feet and a central
612	612	angle of 15 degrees, 49 minutes, 52 seconds, for a distance of
613	613	1,021.53 feet to a point for the end of said curve;
614	614	THENCE North 43 degrees, 19 minutes, 20 seconds West, continuing
615	615	along the Northeasterly right-of-way line of said F.M. Highway No.
616	616	830 and the Southwesterly line of said called 34.3175 acre tract, a
617	617	distance of 365.54 feet to an angle point;
618	618	THENCE North 37 degrees, 47 minutes, 14 seconds West, continuing
619	619	along Northeasterly right-of-way line of said F.M. Highway No. 830
620	620	and the Southwesterly line of said called 34.3175 acre tract, a
621	621	distance of 100.68 feet to an angle point;
622	622	THENCE North 43 degrees, 22 minutes, 43 seconds West, continuing
623	623	along the Northeasterly right-of-way line of said F.M. Highway No.
624	624	830 and the Southwesterly line of said called 34.3175 acre tract, a
625	625	distance of 12.27 feet to the beginning of a curve to the left;
626	626	THENCE in a Northwesterly direction continuing along the
627	627	Northeasterly right-of-way line of said F.M. Highway No. 830 and
628	628	the Southwesterly line of said called 34.3175 acre tract, around
629	629	said curve to the left having a radius of 3,639.97 feet and a
630	630	central angle of 02 degrees, 59 minutes, 04 seconds, for a distance
631	631	of 189.60 feet to a point for the end of said curve;
632	632	THENCE North 51 degrees, 09 minutes, 49 seconds West, continuing
633	633	along the Northeasterly right-of-way line of said F.M. Highway No.
634	634	830 and the Southwesterly line of said called 34.3175 acre tract, a
635	635	distance of 102.46 feet to a point for the beginning of a curve to
636	636	the left;
637	637	THENCE in a Northwesterly direction continuing along the
638	638	Northeasterly right-of-way line of said F.M. Highway No. 830 and
639	639	the Southwesterly line of said called 34.3175 acre tract, around a
640	640	curve to the left having a radius of 5,789.65 feet and a central
641	641	angle of 00 degrees, 44 minutes, 52 seconds, for a distance of 75.56
642	642	feet to a point for the end of said curve, being the Southwest
643	643	corner of said called 34.3175 acre tract and the herein described
644	644	tract;
645	645	THENCE North 07 degrees, 11 minutes, 00 seconds East, along the
646	646	Westerly line of said called 34.3175 acre tract, a distance of 57.31
647	647	feet to a point in the Southeasterly right-of-way line of
648	648	Willis-Montgomery Road, based on 60-foot width, for an angle point
649	649	in the Westerly line of said called 34.3175 acre tract and the
650	650	herein described tract;
651	651	THENCE North 61 degrees, 27 minutes, 00 seconds East, along the
652	652	Southeasterly right-of-way line of said Willis-Montgomery Road and
653	653	the Northwesterly line of said called 34.3175 acre tract, a
654	654	distance of 335.54 feet to an angle point, said point being the
655	655	Southwest corner of the aforesaid called 191.659 acre tract;
656	656	THENCE North 75 degrees, 09 minutes, 59 seconds East, along the
657	657	Northwesterly line of said called 34.3175 acre tract and a
658	658	Southeasterly line of said called 191.659 acre tact, a distance of
659	659	478.37 feet to a point for an angle point in the Southeasterly line
660	660	of said called 191.659 acre tract and the Northwest corner of said
661	661	called 34.3175 acre tract and the herein described tract;
662	662	THENCE South 75 degrees, 18 minutes, 12 seconds East, continuing
663	663	along the Northerly line of said called 34.3175 acre tract and a
664	664	Southerly line of said called 191.659 acre tract, a distance of
665	665	982.35 feet to the PLACE OF BEGINNING and containing 34.161 acres of
666	666	land, more or less.
667	667	TRACT NO. 3
668	668	FIELD NOTES FOR A 207.700 NET ACRE TRACT OF LAND IN THE JAMES
669	669	BUCHANAN SURVEY, ABSTRACT 100, MONTGOMERY COUNTY, TEXAS, BEING THAT
670	670	SAME TRACT DESCRIBED AS 211.346 ACRES IN DEED FROM BARCLAY-ANDERSON &
671	671	COMPANY, INC., TO RANDAL ARLAN HENDRICKS, TRUSTEE, BEING OF
672	672	RECORD UNDER COUNTY CLERK'S FILE NUMBER 8258092 IN THE REAL
673	673	PROPERTY RECORDS OF MONTGOMERY COUNTY SAVE AND EXCEPT A 40-FOOT
674	674	WIDE STRIP LYING WITHIN THE RIGHT-OF-WAY LINE OF LOWER
675	675	WILLIS-MONTGOMERY ROAD AND BEING MORE PARTICULARLY DESCRIBED BY
676	676	METES AND BOUNDS AS FOLLOWS:
677	677	BEGINNING at the called Northwest corner of the James Buchanan
678	678	Survey, same being the called Southwest corner of the Uriah
679	679	Springer Survey, Abstract 532;
680	680	THENCE South 15 degrees, 30 minutes, 10 seconds West, along the most
681	681	northerly West line of said James Buchanan Survey, a distance of
682	682	998.54 feet to an angle point in said line;
683	683	THENCE South 15 degrees, 52 minutes, 15 seconds West, continuing
684	684	along the most northerly West line of the Buchanan Survey, a
685	685	distance of 267.91 feet to an angle point in said line;
686	686	THENCE South 15 degrees, 01 minute, 49 seconds West, continuing
687	687	along said line, a distance of 1,961.79 feet to a point for corner
688	688	in the North line of the Elijah Collard Survey, Abstract 7, same
689	689	being the most westerly South line of the aforementioned James
690	690	Buchanan Survey, for the most westerly corner of the herein
691	691	described 207.700 acre tract;
692	692	THENCE South 76 degrees 10 minutes, 29 seconds East, along the
693	693	common line of said James Buchanan and Elijah Collard surveys, a
694	694	distance of 1,269.66 feet to the Northeast corner of said Elijah
695	695	Collard Survey;
696	696	THENCE South 15 degrees, 11 minutes, 21 seconds West, along the East
697	697	line of the Elijah Collard Survey, a distance of 438.15 feet to a
698	698	point for corner in the northerly right-of-way line of F. M. Highway
699	699	No. 830 (120' R-O-W);
700	700	THENCE South 50 degrees, 39 minutes, 31 seconds East, along said
701	701	northerly right-of-way line, a distance of 205.79 feet to the point
702	702	of intersection of said line with the westerly right-of-way line of
703	703	lower Willis-Montgomery Road (80' R-O-W);
704	704	THENCE North 74 degrees, 00 minutes, 45 seconds East, along the
705	705	westerly right-of-way line of lower Willis-Montgomery Road, a
706	706	distance of 357.17' to a point for corner;
707	707	THENCE North 41 degrees, 37 minutes, 13 seconds East, continuing
708	708	along said westerly line of lower Willis-Montgomery Road, a
709	709	distance of 3,991.73 feet to the point of intersection of said line
710	710	with the North line of the James Buchanan Survey for the Northeast
711	711	corner of the herein described 207.700 acre tract;
712	712	THENCE North 75 degrees, 11 minutes, 31 seconds West, along the
713	713	North line of said James Buchanan Survey, a distance of 1,408.08
714	714	feet to an angle point in said line;
715	715	THENCE North 77 degrees, 49 minutes, 44 seconds West, continuing
716	716	along said survey line, a distance of 541.97 feet to an angle point
717	717	in said line being the Southeast corner of a certain adjacent called
718	718	50.0 acre tract described in deed recorded in Volume 724, at Page
719	719	590 of the Deed Records of Montgomery County;
720	720	THENCE North 74 degrees, 51 minutes, 09 seconds West, continuing
721	721	along said North line of the James Buchanan Survey, and being the
722	722	South line of the aforementioned 50.0 acre tract, a distance of
723	723	1,587.00 feet to the PLACE OF BEGINNING and containing a net area of
724	724	207.700 acres of land, more or less.
725	725	TRACT NO. 4
726	726	FIELD NOTES FOR A 53.3594 ACRE TRACT OF LAND COMPRISED OF A PORTION
727	727	OF A CALLED 52.94 ACRE TRACT OUT OF THE URIAH SPRINGER SURVEY,
728	728	ABSTRACT 532, AND A CALLED 2.356 ACRE TRACT OUT OF THE F. K.
729	729	HENDERSON SURVEY, ABSTRACT 248, MONTGOMERY COUNTY, TEXAS, BOTH OF
730	730	SAID TRACTS BEING DESCRIBED IN DEED FROM ARNOLD H. MIERS TO RANDAL
731	731	A. HENDRICKS, TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE
732	732	NUMBER 8523408 IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY,
733	733	TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
734	734	FOLLOWS:
735	735	BEGINNING at the Southwest corner of the Margaret Ella Watson
736	736	Subdivision, according to a map or plat of said subdivision being of
737	737	record in Volume 5, at Page 10, of the Map Records of Montgomery
738	738	County, Texas, same being the Southeast corner of the
739	739	aforementioned called 52.94 acre tract, for the most southerly
740	740	Southeast corner of the herein described tract;
741	741	THENCE North 15 degrees, 30 minutes, 05 seconds East, along the West
742	742	line of said Margaret Ella Watson Subdivision, same being the East
743	743	line of the aforementioned called 52.94 acre tract, a distance of
744	744	561.91 feet to a point in said line being the Southwest corner of
745	745	Lot No. 2 of said subdivision;
746	746	THENCE South 47 degrees, 57 minutes, 14 seconds East, along the
747	747	common line of Lot No. 1 and Lot No. 2 of said subdivision, a
748	748	distance of 348.57 feet to a point in the westerly right-of-way line
749	749	of Lower Willis-Montgomery Road being the most southerly corner of
750	750	said Lot No. 2;
751	751	THENCE North 42 degrees, 08 minutes, 34 seconds East, along said
752	752	westerly right-of-way line, a distance of 250.03 feet to the most
753	753	easterly corner of said Lot No. 2;
754	754	THENCE North 48 degrees, 03 minutes, 02 seconds West, along the
755	755	common line of Lot No. 2 and Lot No. 3 of said Margaret Ella Watson
756	756	Subdivision, a distance of 473.50 feet to a point in the East line
757	757	of the aforementioned called 54.94 acre tract being the most
758	758	northerly corner of said Lot No. 2;
759	759	THENCE North 15 degrees, 30 minutes, 05 seconds East, along the East
760	760	line of said called 52.94 acre tract, same being the West line of
761	761	the Margaret Ella Watson Subdivision, a distance of 803.15 feet to
762	762	the point of intersection of said line with a non-tangent curve to
763	763	the right;
764	764	THENCE, departing from said East line, along said curve to the right
765	765	having a radius of 2,640.00 feet, a central angle of 20 degrees, 27
766	766	minutes, 54 seconds, and a chord bearing North 67 degrees, 01
767	767	minute, 49 seconds West 937.95 feet, a distance of 942.96 feet to
768	768	the point of intersection of said curve with the North line of the
769	769	aforementioned called 52.94 acre tract;
770	770	THENCE North 74 degrees, 41 minutes, 20 seconds West, along the
771	771	North line of said called 52.94 acre tract, a distance of 373.90
772	772	feet to the Northwest corner of said called 52.94 acre tract, said
773	773	point lying in the East line of a certain adjacent called 139.788
774	774	acre tract described in deed from Barclay-Anderson & Company, Inc.
775	775	to Randal A. Hendricks, Trustee being of record under County
776	776	Clerk's File Number 8258092 in the Real Property Records of
777	777	Montgomery County;
778	778	THENCE South 15 degrees, 29 minutes, 55 seconds West, along the West
779	779	line of said called 52.94 acre tract, same being the East line of
780	780	said called 139.788 acre tract, a distance of 1,768.75 feet to a
781	781	point in the South line of the aforementioned Uriah Springer Survey
782	782	being the Southeast corner of said called 139.788 acre tract , being
783	783	the Southwest corner of said called 52.94 acre tract and the
784	784	Southwest corner of the tract herein described;
785	785	THENCE South 74 degrees, 41 minutes, 34 seconds East, along said
786	786	South line of the Uriah Springer Survey, same being the South line
787	787	of said called 52.94 acre tract and the North line of a certain
788	788	adjacent called 211.346 acre tract described in deed from
789	789	Barclay-Anderson & Company, Inc. to Randal Arlan Hendricks, Trustee
790	790	being of record under County Clerk's File Number 8258092 in the Real
791	791	Property Records of Montgomery County, a distance of 1,303.82 feet
792	792	to the PLACE OF BEGINNING and containing 53.3594 acres of land, more
793	793	or less.
794	794	TRACT NO. 5
795	795	FIELD NOTES FOR A 84.9540 ACRE TRACT OF LAND IN THE URIAH SPRINGER
796	796	SURVEY, ABSTRACT 532, MONTGOMERY COUNTY, TEXAS, BEING A PART AND
797	797	OUT OF THAT CERTAIN CALLED 139.788 ACRE TRACT DESCRIBED IN DEED FROM
798	798	BARCLAY-ANDERSON & COMPANY, INC. TO RANDAL ARLAN HENDRICKS,
799	799	TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE NUMBER 8258092
800	800	IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY, SAID 84.9540
801	801	ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
802	802	FOLLOWS:
803	803	BEGINNING at a point in the South line of the Uriah Springer Survey,
804	804	being the Southeast corner of a certain adjacent 50 acre Moran
805	805	Corporation tract being of record in Volume 724, at Page 590 of the
806	806	Deed Records of Montgomery County, Texas, same being the westerly
807	807	Southeast corner of the aforementioned called 139.788 acre tract
808	808	and being in the North line of a certain adjacent called 211.346
809	809	acre tract described in the aforementioned deed from
810	810	Barclay-Anderson & Company, Inc., to Randal Arlan Hendricks,
811	811	Trustee;
812	812	THENCE South 77 degrees, 49 minutes, 44 seconds East, along the
813	813	common line of said 139.788 acre and 211.346 acre tracts, a distance
814	814	of 541.97 feet to the Southwest corner of a certain adjacent called
815	815	52.94 acre tract described in deed from Arnold H. Meiers to Randal
816	816	A. Hendricks, Trustee, being of record under County Clerk's File
817	817	Number 8523408 in the Real Property Records of Montgomery County,
818	818	said point being the most easterly Southeast corner of the
819	819	aforementioned called 139.788 acre tract and the herein described
820	820	84.9540 acre tract;
821	821	THENCE North 14 degrees, 59 minutes, 23 seconds East, along the
822	822	common line of said called 52.94 acre and 139.788 acre tracts and
823	823	being the East line of the tract herein described, a distance of
824	824	1,769.74 feet to the Northwest corner of said 52.94 acre tract;
825	825	THENCE North 15 degrees, 01 minute, 37 seconds East, continuing
826	826	along the East line of said called 139.788 acre tract, a distance of
827	827	88.11 feet to a point in said line being the Southeast corner of the
828	828	aforementioned called 18.33 acre tract;
829	829	THENCE North 75 degrees, 19 minutes, 10 seconds West, along the
830	830	South line of said 18.33 acre tract, a distance of 442.02 feet to
831	831	the Southwest corner of said tract;
832	832	THENCE North 14 degrees, 30 minutes, 23 seconds East, along the West
833	833	line of said 18.33 acre tract; a distance of 354.20 feet to the
834	834	point of intersection of said line with a non-tangent curve to the
835	835	right;
836	836	THENCE in a northwesterly direction along said curve to the right
837	837	having a radius of 2,640.00 feet, a central angle of 09 degrees, 35
838	838	minutes, 16 seconds and a chord bearing North 31 degrees, 42
839	839	minutes, 27 seconds West 441.26 feet, a distance of 441.78 feet to
840	840	the Point of Tangency of said curve;
841	841	THENCE North 26 degrees, 54 minutes, 48 seconds West a distance of
842	842	632.96 feet to the Point of Curvature of a curve to the right;
843	843	THENCE in a northwesterly direction along said curve to the right
844	844	having a radius of 2,640.00 feet, a central angle of 23 degrees, 23
845	845	minutes, 23 seconds and a chord bearing North 15 degrees, 28
846	846	minutes, 37 seconds West 1,070.26 feet, a distance of 1,077.73 feet
847	847	to the point of intersection of said curve with the southerly
848	848	right-of-way line of F. M. Highway No. 1097;
849	849	THENCE North 75 degrees, 19 minutes, 46 seconds West, along the
850	850	southerly right-of-way line of F. M. Highway No. 1097, same being
851	851	the North line of the aforementioned called 139.788 acre tract and
852	852	the North line of the herein described 84.9540 acre tract, a
853	853	distance of 350.08 feet to the Northwest corner of said called
854	854	139.788 acre tract, same being the point of intersection of said
855	855	southerly right-of-way line with the easterly right-of-way line of
856	856	Thompson Road;
857	857	THENCE South 15 degrees, 17 minutes 24 seconds West, along said
858	858	easterly right-of-way line of Thompson Road and being the West line
859	859	of the aforementioned called 139.788 acre tract, a distance of
860	860	2,147.02 feet to a point in said line being the Northwest corner of
861	861	a certain adjacent called 4.377 acre tract described in deed from
862	862	Randal Arlan Hendricks, Trustee, to GTE Mobilnet of South Texas
863	863	Limited Partnership being of record under County Clerk's File
864	864	Number 9653436 in the Real Property Records of Montgomery County;
865	865	THENCE South 74 degrees, 51 minutes, 09 seconds West, along the
866	866	North line of said called 4.377 acre tract, a distance of 465.00
867	867	feet to the Northeast corner of said tract;
868	868	THENCE South 15 degrees, 17 minutes, 24 seconds East, along the East
869	869	line of said tract, a distance of 410.00 feet to the Southeast
870	870	corner of said tract, said point lying in the North line of the
871	871	aforementioned called 50 acre Moran Corporation tract;
872	872	THENCE South 74 degrees, 51 minutes, 09 seconds East, along said
873	873	North line, a distance of 1,092.46 feet to the Northeast corner of
874	874	said called 50 acre tract;
875	875	THENCE South 15 degrees, 09 minutes, 00 seconds West, along the East
876	876	line of said 50 acre tract, a distance of 1,369.30 feet to the PLACE
877	877	OF BEGINNING, and containing 84.9540 acres of land, more or less.
878	878	TRACT NO. 6
879	879	FIELD NOTES FOR A CALLED 105.3609 ACRE TRACT OF LAND IN THE F. K.
880	880	HENDERSON SURVEY, ABSTRACT 248, MONTGOMERY COUNTY, TEXAS, BEING A
881	881	PART AND OUT OF A CERTAIN CALLED 349.99 ACRE TRACT DESCRIBED IN DEED
882	882	FROM RANDAL A. HENDRICKS, TRUSTEE, TO RANDAL ARLAN HENDRICKS,
883	883	TRUSTEE DATED DECEMBER 17, 1974 AND BEING OF RECORD IN VOLUME 878,
884	884	AT PAGE 240, OF THE DEED RECORDS OF MONTGOMERY COUNTY, TEXAS, SAID
885	885	CALLED 105.3609 ACRE TRACT BEING DESCRIBED MORE PARTICULARLY BY
886	886	METES AND BOUNDS AS FOLLOWS:
887	887	COMMENCING at a point in the westerly right-of-way line of
888	888	Interstate Highway No. 45, said point being the Northeast corner of
889	889	the aforementioned called 349.99 acre tract and the Northeast
890	890	corner of a certain adjacent called 28.534 acre tract described in
891	891	deed from Randal Arlan Hendricks, Trustee, to First Baptist Church
892	892	of Willis being of record under County Clerk's File Number 9622769
893	893	in the Real Property Records of Montgomery County;
894	894	THENCE South 14 degrees, 28 minutes, 41 seconds East, along the
895	895	westerly right-of-way line of Interstate Highway No. 45, same being
896	896	the common easterly line of said called 349.99 acre and 28.534 acre
897	897	tracts, a distance of 1,053.82 feet to a point in said line being
898	898	the Southeast corner of said called 28.534 acre tract;
899	899	THENCE, continuing South 14 degrees, 28 minutes, 41 seconds East,
900	900	along the westerly right-of-way line of Interstate Highway No. 45,
901	901	same being the easterly line of said called 349.99 acre tract, a
902	902	distance of 214.44 feet to an angle point in said line;
903	903	THENCE, continuing along the westerly right-of-way line of
904	904	Interstate Highway No. 45, same being the easterly line of said
905	905	called 349.99 acre tract, with the following courses and distances:
906	906	South 15 degrees, 05 minutes, 21 seconds East, 701.77 feet to an
907	907	angle point;
908	908	South 15 degrees, 17 minutes, 05 seconds East, 500.43 feet to an
909	909	angle point;
910	910	South 12 degrees, 03 minutes, 45 seconds East, 600.07 feet to an
911	911	angle point;
912	912	THENCE, continuing along the westerly right-of-way line of
913	913	Interstate Highway No. 45, same being the easterly line of said
914	914	called 349.99 acre tract, South 16 degrees, 28 minutes, 29 seconds
915	915	East, 624.32 feet to a point in said line for the Northeast corner
916	916	and PLACE OF BEGINNING of the herein described called 105.3609 acre
917	917	tract;
918	918	THENCE, continuing South 16 degrees, 28 minutes, 29 seconds East
919	919	along the westerly right-of-way line of Interstate Highway No. 45,
920	920	same being the easterly line of said called 349.99 acre tract and
921	921	the easterly line of the tract herein described, a distance of 75.85
922	922	feet to an angle point;
923	923	THENCE South 09 degrees, 05 minutes, 49 seconds East, continuing
924	924	along said westerly right-of-way line of Interstate Highway No. 45,
925	925	same being the easterly line of said called 349.99 acre tract and
926	926	the easterly line of the tract herein described, a distance of
927	927	726.72 feet to a point in said line being the Southeast corner of
928	928	said called 349.99 acre tract, for the Southeast corner of the
929	929	herein described 105.3609 acre tract;
930	930	THENCE South 75 degrees, 02 minutes, 51 seconds West, along the
931	931	South line of said called 349.99 acre tract and being the South line
932	932	of the tract herein described, 1,391.51 feet to an angle point in
933	933	said line;
934	934	THENCE South 80 degrees, 35 minutes, 59 seconds West, along the
935	935	South line of said called 349.99 acre tract, a distance of 230.95
936	936	feet to the most southerly Southeast corner of said called 349.99
937	937	acre tract;
938	938	THENCE North 74 degrees, 49 minutes, 35 seconds West, along the
939	939	South line of said called 349.99 acre tract, a distance of 169.00
940	940	feet to a point for corner;
941	941	THENCE, continuing along the South line of said called 349.99 acre
942	942	tract, with the following courses and distances:
943	943	North 74 degrees, 03 minutes, 07 seconds West, 319.46 feet to an
944	944	angle point;
945	945	North 72 degrees, 39 minutes, 50 seconds West, 325.00 feet to an
946	946	angle point;
947	947	North 74 degrees, 05 minutes, 35 seconds West, 299.30 feet to an
948	948	angle point;
949	949	North 74 degrees, 19 minutes, 35 seconds West, 100.70 feet to an
950	950	angle point;
951	951	North 73 degrees, 44 minutes, 35 seconds West, 298.00 feet to an
952	952	angle point;
953	953	North 74 degrees, 57 minutes, 35 seconds West, 300.00 feet to an
954	954	angle point;
955	955	North 72 degrees, 26 minutes, 35 seconds West, 200.00 feet to an
956	956	angle point;
957	957	North 76 degrees, 11 minutes, 35 seconds West, 200.00 feet to an
958	958	angle point;
959	959	North 73 degrees, 55 minutes, 35 seconds West, 205.00 feet to an
960	960	angle point;
961	961	North 76 degrees, 30 minutes, 35 seconds West, 195.00 feet to an
962	962	angle point;
963	963	North 75 degrees, 16 minutes, 35 seconds West, 450.00 feet to an
964	964	angle point;
965	965	North 75 degrees, 48 minutes, 35 seconds West, 385.00 feet to an
966	966	angle point;
967	967	North 79 degrees, 37 minutes, 35 seconds West, 205.00 feet to an
968	968	angle point;
969	969	THENCE North 74 degrees, 49 minutes, 35 seconds West, continuing
970	970	along said South line, a distance of 451.31 feet to the point of
971	971	intersection of said line with the easterly right-of-way line of
972	972	Willis-Montgomery Road (70' R-O-W), said point being the Southwest
973	973	corner of said called 349.99 acre tract and the Southwest corner of
974	974	the herein described called 105.3609 acre tract;
975	975	THENCE North 42 degrees, 06 minutes, 00 seconds East along said
976	976	easterly right-of-way line of Willis-Montgomery Road, same being
977	977	the Northwest line of the aforementioned called 349.99 acre tract
978	978	and the Northwest line of the tract herein described, a distance of
979	979	1,622.72 feet to the point of intersection of said line with a
980	980	non-tangent curve to the left;
981	981	THENCE in an easterly direction along said curve to the left having
982	982	a radius of 2,640.00 feet, a central angle of 69 degrees, 50
983	983	minutes, 46 seconds, a chord bearing South 65 degrees, 09 minutes,
984	984	06 seconds East 3,022.67 feet, for a distance of 3,218.28 feet to
985	985	the point of intersection of said curve with a second non-tangent
986	986	curve to the left;
987	987	THENCE in an easterly direction along said curve to the left having
988	988	a radius of 2,640.00 feet, a central angle of 23 degrees, 22
989	989	minutes, 54 seconds, a chord bearing North 87 degrees, 12 minutes,
990	990	46 seconds East 1,069.89 feet, for a distance of 1,077.35 feet to
991	991	the Point of Tangency of said curve;
992	992	THENCE North 75 degrees, 31 minutes, 19 seconds East a distance of
993	993	511.01 feet to the PLACE OF BEGINNING, and containing 105.3609
994	994	acres of land, more or less.
995	995	TRACT NO. 7
996	996	FIELD NOTES FOR A CALLED 201.00 ACRE TRACT OF LAND IN THE JAMES
997	997	BUCHANAN SURVEY, ABSTRACT 100, MONTGOMERY COUNTY, TEXAS, BEING ALL
998	998	THAT CERTAIN CALLED 246 ACRE TRACT DESCRIBED IN DEED FROM
999	999	BARCLAY-ANDERSON & COMPANY, INC. TO RANDAL ARLAN HENDRICKS,
1000	1000	TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE NUMBER 8258092
1001	1001	IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY, TEXAS, SAVE AND
1002	1002	EXCEPT, ALL THAT CERTAIN CALLED 45.000 ACRE TRACT DESCRIBED IN DEED
1003	1003	FROM RANDAL ARLAN HENDRICKS, TRUSTEE, TO WILLIS INDEPENDENT SCHOOL
1004	1004	DISTRICT, BEING OF RECORD IN THE REAL PROPERTY RECORDS OF
1005	1005	MONTGOMERY COUNTY, TEXAS UNDER COUNTY CLERK'S FILE NUMBER
1006	1006	2001-112403, SAID 201.00 ACRE TRACT BEING MORE PARTICULARLY
1007	1007	DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
1008	1008	BEGINNING at the most easterly Northeast corner of the
1009	1009	aforementioned called 246 acre tract, same being the called
1010	1010	Southeast corner of a certain adjacent 20.75 acre tract formerly
1011	1011	being the property of L & M Lumber Company;
1012	1012	THENCE North 75 degrees, 13 minutes, 16 seconds West, along the
1013	1013	South line of said adjacent 20.75 acre tract, same being the most
1014	1014	easterly North line of the aforementioned called 246 acre tract, a
1015	1015	distance of 498.54 feet to a point for corner being the called
1016	1016	Southwest corner of said 20.75 acre tract;
1017	1017	THENCE North 15 degrees, 47 minutes, 46 seconds West, along the West
1018	1018	line of said adjacent 20.75 acre tract, same being the most
1019	1019	northerly Northeast line of the aforementioned called 246 acre
1020	1020	tract, a distance of 1,285.13 feet to a point in the North line of
1021	1021	the James Buchanan Survey being the called Northwest corner of said
1022	1022	20.75 acre tract for the most northerly Northeast corner of said 246
1023	1023	acre tract, same being the most northerly Northeast corner of the
1024	1024	herein described 201.00 acre tract;
1025	1025	THENCE North 75 degrees, 09 minutes, 31 seconds West, along the
1026	1026	North line of said Buchanan Survey, and being the North line of the
1027	1027	aforementioned called 246 acre tract and the North line of the tract
1028	1028	herein described, a distance of 1,179.70 feet to a point for the
1029	1029	Northwest corner of said 246 acre tract, same being also the
1030	1030	Northwest corner of the tract herein described;
1031	1031	THENCE South 13 degrees, 48 minutes, 37 seconds West, along the West
1032	1032	line of said called 246 acre tract, a distance of 4,987.28 feet to a
1033	1033	point in the North right-of-way line of F. M. Highway No. 830 being
1034	1034	the Southwest corner of said 246 acre tract and the Southwest corner
1035	1035	of the herein described 201.00 acre tract;
1036	1036	THENCE South 67 degrees, 22 minutes, 09 seconds East, along said
1037	1037	North right-of-way line and being the South line of the
1038	1038	aforementioned called 246 acre tract and the South line of the tract
1039	1039	herein described, a distance of 547.42 feet to the point of
1040	1040	curvature of a curve to the left;
1041	1041	THENCE, continuing along said North right-of-way line, in an
1042	1042	easterly direction along said curve to the left having a radius of
1043	1043	3,758.11 feet, through a central angle of 01 degree, 35 minutes, 20
1044	1044	seconds for a distance of 104.21 feet to a point in said line being
1045	1045	the Southwest corner of the aforementioned called 45.000 acre
1046	1046	Willis Independent School District tract;
1047	1047	THENCE North 14 degrees, 04 minutes, 58 seconds East, along the West
1048	1048	line of said called 45.000 acre tract, a distance of 850.62 feet to
1049	1049	the most westerly Northwest corner of said tract;
1050	1050	THENCE South 75 degrees, 55 minutes, 02 seconds East, along the most
1051	1051	westerly North line of said called 45.000 acre tract, a distance of
1052	1052	750.00 feet to the most southerly Northwest corner of said tract;
1053	1053	THENCE North 14 degrees, 04 minutes, 58 seconds East, along the most
1054	1054	northerly Northwest line of said called 45.000 acre tract, a
1055	1055	distance of 657.46 feet to the most northerly Northwest corner of
1056	1056	said tract;
1057	1057	THENCE South 75 degrees, 55 minutes, 02 seconds East, along the most
1058	1058	easterly North line of said called 45.000 acre tract, a distance of
1059	1059	900.00 feet to a point in the East line of the aforementioned called
1060	1060	246 acre tract being the Northeast corner of said called 45.000 acre
1061	1061	tract and the most easterly Southeast corner of the herein
1062	1062	described 201.00 acre tract;
1063	1063	THENCE North 14 degrees, 04 minutes, 58 seconds East, along the East
1064	1064	line of said called 246 acre tract, a distance of 2,438.60 feet to
1065	1065	the PLACE OF BEGINNING and containing 201.00 acres of land, more or
1066	1066	less.
1067	1067	TRACT NO. 8
1068	1068	FIELD NOTES FOR A 94.00 ACRE TRACT OF LAND IN THE JAMES BUCHANAN
1069	1069	SURVEY, ABSTRACT 100, MONTGOMERY COUNTY, TEXAS, DESCRIBED IN DEED
1070	1070	FROM BARCLAY-ANDERSON & COMPANY, INC., TO RANDAL ARLAN HENDRICKS,
1071	1071	TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE NUMBER 8258092
1072	1072	IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY AND BEING MORE
1073	1073	PARTICULAR-LY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
1074	1074	BEGINNING at a point in the North line of the aforementioned James
1075	1075	Buchanan Survey, from which the Northwest corner of the L. & M.
1076	1076	Lumber Company 20.75 acre tract bears South 75 degrees, 09 minutes,
1077	1077	31 seconds East a distance of 1,179.7 feet, same being the Northwest
1078	1078	corner of a certain adjacent called 246 acre tract described in deed
1079	1079	from Barclay-Anderson & Co. Inc. to Randal Arlan Hednricks, Trustee
1080	1080	and being of record under County Clerk's File Number 8258092 in the
1081	1081	real property records of Montgomery County and Northeast corner of
1082	1082	the herein described 94.00 acre tract;
1083	1083	THENCE South 13 degrees, 48 minutes, 37 seconds West, along the West
1084	1084	line of said called 246 acre tract, same being the East line of the
1085	1085	tract herein described, a distance of 4,987.28 feet to a point in
1086	1086	the North right-of-way line of F. M. Highway No. 830 being the
1087	1087	Southwest corner of said called 246 acre tract and the Southeast
1088	1088	corner of the herein described 94.00 acre tract;
1089	1089	THENCE North 67 degrees, 22 minutes, 09 seconds West, along said
1090	1090	North right-of-way line, same being the South line of the herein
1091	1091	described tract, a distance of 840.45 feet to a point in said line
1092	1092	being the Southeast corner of a certain adjacent called 191.659
1093	1093	acre tract described in the aforementioned deed to Randal Arlan
1094	1094	Hendricks, Trustee for the Southwest corner of the herein described
1095	1095	94.00 acre tract;
1096	1096	THENCE North 13 degrees, 48 minutes, 37 seconds East, along the East
1097	1097	line of said called 191.659 acre tract, same being the West line of
1098	1098	the tract herein described, a distance of 4,873.35 feet to a point
1099	1099	in the aforementioned North line of the James Buchanan Survey being
1100	1100	the Northeast corner of said 191.659 acre tract and the Northwest
1101	1101	corner of the herein described 94.00 acre tract;
1102	1102	THENCE South 75 degrees, 09 minutes, 32 seconds East, along the
1103	1103	North line of the James Buchanan Survey, same being the South line
1104	1104	of a certain adjacent called 321.6242 acre tract described in deed
1105	1105	from Randal A. Hendricks, Trustee, to Randal Arlan Hendricks,
1106	1106	Trustee being of record in Volume 878, at Page 240 in the Deed
1107	1107	Records of Montgomery County, and the North line of the herein
1108	1108	described tract, a distance of 830.64 feet to the PLACE OF BEGINNING
1109	1109	and containing 94.00 acres of land, more or less.
1110	1110	TRACT NO. 9
1111	1111	FIELD NOTES FOR AN 80.8895 ACRE TRACT OF LAND IN THE JAMES BUCHANAN
1112	1112	SURVEY, ABSTRACT 100, MONTGOMERY COUNTY, TEXAS, BEING THAT SAME
1113	1113	CALLED 80.883 ACRE TRACT DESCRIBED IN DEED FROM BARCLAY-ANDERSON &
1114	1114	COMPANY, INC. TO RANDAL ARLAN HENDRICKS, TRUSTEE, BEING OF RECORD
1115	1115	UNDER COUNTY CLERK'S FILE NUMBER 8258092 IN THE REAL PROPERTY
1116	1116	RECORDS OF MONTGOMERY COUNTY, TEXAS AND BEING MORE PARTICULARLY
1117	1117	DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
1118	1118	BEGINNING at the Southeast corner of the aforementioned called
1119	1119	80.883 acre tract, same being the called Southeast corner of the
1120	1120	James Buchanan Survey, Abstract 100;
1121	1121	THENCE North 75 degrees, 09 minutes, 45 seconds West, along the
1122	1122	South line of said Buchanan Survey, a distance of 4,549.85 feet to
1123	1123	the Southeast corner of a certain called 112.658 acre tract
1124	1124	described in deed from C. A. Johnson to Floyd L. McNutt dated June
1125	1125	12, 1968 and being of record in Volume 664, at Page 537, of the Deed
1126	1126	Records of Montgomery County, Texas for the point for the Southwest
1127	1127	corner of the herein described tract;
1128	1128	THENCE North 13 degrees, 10 minutes, 20 seconds East, along the East
1129	1129	line of said called 112.658 acre tract, a distance of 1,064.68 feet
1130	1130	to a point in the South right-of-way line of F. M. Highway No. 830
1131	1131	(120' R-O-W) for the Northwest corner of the herein described
1132	1132	tract, said point lying in a non-tangent curve to the left;
1133	1133	THENCE along said South right-of-way line of F. M. Highway No. 830,
1134	1134	same being the North line of the herein described tract, in a
1135	1135	southeasterly direction with said curve to the left having a radius
1136	1136	of 3,795.04 feet and a chord bearing South 63 degrees, 36 minutes,
1137	1137	38 seconds East 476.82 feet, a distance of 477.14 feet to the Point
1138	1138	of Tangency of said curve;
1139	1139	THENCE South 67 degrees 22 minutes, 09 seconds East, continuing
1140	1140	along said South right-of-way line, a distance of 2,360.58 feet to
1141	1141	the Point of Curvature of a curve to the left;
1142	1142	THENCE, continuing along said South right-of-way line, around said
1143	1143	curve to the left having a radius of 3,878.12 feet and a central
1144	1144	angle of 24 degrees, 15 minutes, 50 seconds, a distance of 1,642.33
1145	1145	feet to the Point of Tangency of said curve;
1146	1146	THENCE North 88 degrees, 22 minutes, 00 seconds East, continuing
1147	1147	along said South right-of-way line of F. M. Highway No. 830, a
1148	1148	distance of 149.74 feet to a point being the Northeast corner of the
1149	1149	aforementioned called 80.883 acre tract, for the Northeast corner
1150	1150	of the herein described tract;
1151	1151	THENCE South 14 degrees, 25 minutes, 40 seconds West a distance of
1152	1152	814.11 feet to the PLACE OF BEGINNING and containing 80.8895 acres
1153	1153	of land, more or less.
1154	1154	TRACT NO. 10
1155	1155	FIELD NOTES FOR A 188.0782 ACRE TRACT OF LAND IN THE JAMES BUCHANAN
1156	1156	SURVEY, ABSTRACT 100, MONTGOMERY COUNTY, TEXAS, BEING THAT SAME
1157	1157	TRACT DESCRIBED AS 191.659 ACRES IN DEED FROM BARCLAY-ANDERSON &
1158	1158	COMPANY, INC. TO RANDAL ARLAN HENDRICKS, TRUSTEE, BEING OF RECORD
1159	1159	UNDER COUNTY CLERK'S FILE NUMBER 8258092 IN THE REAL PROPERTY
1160	1160	RECORDS OF MONTGOMERY COUNTY, TEXAS SAVE AND EXCEPT A 40-FOOT WIDE
1161	1161	STRIP LOCATED WITHIN THE RIGHT-OF-WAY OF WILLIS-MONTGOMERY ROAD AND
1162	1162	BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
1163	1163	COMMENCING at a point in the called North line of the James Buchanan
1164	1164	Survey, being the Northwest corner of a certain called 20.75 acre L &
1165	1165	M Lumber Company tract, same being also the most northerly
1166	1166	Northeast corner of a certain called 246 acre tract described in the
1167	1167	aforementioned deed from Barclay-Anderson & Company, Inc. to Randal
1168	1168	Arlan Hendricks, Trustee;
1169	1169	THENCE North 75 degrees, 09 minutes, 31 seconds West, along the
1170	1170	called North line of the James Buchanan Survey, a distance of
1171	1171	2,010.34 feet to a point in said line being the Northwest corner of
1172	1172	a certain adjacent called 94.0 acre tract described in the
1173	1173	aforementioned deed from Barclay-Anderson & Company, Inc. to Randal
1174	1174	Arlan Hendricks, Trustee, for the Northeast corner and PLACE OF
1175	1175	BEGINNING of the herein described 188.0782 acre tract;
1176	1176	THENCE, continuing North 75 degrees, 09 minutes, 31 seconds West,
1177	1177	along the North line of the Buchanan Survey and being the North line
1178	1178	of the tract herein described, a distance of 974.66 feet to the
1179	1179	point of intersection of said line with the easterly right-of-way
1180	1180	line of Willis-Montgomery Road (80' R-O-W) for the Northwest corner
1181	1181	of the tract herein described;
1182	1182	THENCE South 41 degrees, 37 minutes, 13 seconds West, along said
1183	1183	easterly right-of-way line of Willis-Montgomery Road, a distance of
1184	1184	3,906.73 feet to a point in said line being the intersection of said
1185	1185	line with the Northwest line of a certain called 34.3175 acre tract
1186	1186	described in deed from 830 Park, Ltd. to Randal A. Hendricks,
1187	1187	Trustee, being of record under County Clerk's File Number 8208404
1188	1188	in the Real Property Records of Montgomery County, for the most
1189	1189	westerly Southwest corner of the herein described tract;
1190	1190	THENCE North 74 degrees, 17 minutes, 58 seconds East, along said
1191	1191	Northwest line, a distance of 404.57 feet to a point for corner
1192	1192	being the most northerly Northwest corner of the aforementioned
1193	1193	called 34.3175 acre tract;
1194	1194	THENCE South 76 degrees, 10 minutes, 11 seconds East, along the
1195	1195	North line of said called 34.3175 acre tract, a distance of 983.35
1196	1196	feet to the Northeast corner of said tract;
1197	1197	THENCE South 13 degrees, 10 minutes, 20 seconds West, along the East
1198	1198	line of said called 34.3175 acre tract, a distance of 1,375.10 feet
1199	1199	to a point in the North right-of-way line of F. M. Highway No. 830
1200	1200	being the Southeast corner of said tract, for the most southerly
1201	1201	Southwest corner of the herein described 188.0782 acre tract, said
1202	1202	point lying in a curve to the left;
1203	1203	THENCE in a southeasterly direction with the long chord of said
1204	1204	curve to the left, South 63 degrees, 23 minutes, 53 seconds East for
1205	1205	a distance of 497.55 feet to a point for corner;
1206	1206	THENCE, continuing with the North right-of-way line of F. M.
1207	1207	Highway No. 830, South 67 degrees, 22 minutes, 09 seconds East for a
1208	1208	distance of 972.71 feet to the Southwest corner of the
1209	1209	aforementioned called 94.0 acre tract for the Southeast corner of
1210	1210	the herein described 188.0782 acre tract;
1211	1211	THENCE North 13 degrees, 48 minutes, 37 seconds East, along the West
1212	1212	line of said called 94.0 acre tract, a distance of 4,873.35 feet to
1213	1213	the PLACE OF BEGINNING and containing 188.0782 acres of land, more
1214	1214	or less.
1215	1215	(b) The Montgomery County Municipal Utility District No.
1216	1216	129 initially includes all the territory contained in the following
1217	1217	area:
1218	1218	TRACT NO. 1
1219	1219	FIELD NOTES FOR A CALLED 29.1602 ACRE TRACT OF LAND IN THE URIAH
1220	1220	SPRINGER SURVEY, ABSTRACT 532, MONTGOMERY COUNTY, TEXAS, BEING A
1221	1221	PART AND OUT OF A CERTAIN CALLED 139.788 ACRE TRACT DESCRIBED IN
1222	1222	DEED FROM BARCLAY-ANDERSON & COMPANY, INC. TO RANDAL ARLAN
1223	1223	HENDRICKS, TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S FILE
1224	1224	NUMBER 8258092 IN THE REAL PROPERTY RECORDS OF MONTGOMERY COUNTY,
1225	1225	SAID CALLED 29.1602 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
1226	1226	METES AND BOUNDS AS FOLLOWS:
1227	1227	BEGINNING at a point in the southerly right-of-way line of F. M.
1228	1228	Highway No. 1097 being the Northwest corner of a certain called
1229	1229	18.33 acre tract described in deed from Randal Arlan Hendricks,
1230	1230	Trustee to Smith Memorial Park being of record in County Clerk's
1231	1231	File Number 2004-040916 in the Real Property Records of Montgomery
1232	1232	County and being the Northeast corner of the herein described
1233	1233	tract;
1234	1234	THENCE South 14 degrees, 30 minutes, 23 seconds West, along the West
1235	1235	line of said called 18.33 acre tract, same being the East line of
1236	1236	the tract herein described, a distance of 1,703.37 feet to the point
1237	1237	intersection of said line with a non-tangent curve to the right,
1238	1238	said point of intersection being also the Southeast corner of the
1239	1239	herein described called 29.1602 acre tract;
1240	1240	THENCE in a northwesterly direction along said curve to the right
1241	1241	having a radius of 2,640.00 feet, a central angle of 09 degrees, 35
1242	1242	minutes, 16 seconds and a chord bearing North 31 degrees, 42
1243	1243	minutes, 27 seconds West 441.26 feet, a distance of 441.78 feet to
1244	1244	the Point of Tangency of said curve;
1245	1245	THENCE North 26 degrees, 54 minutes, 48 seconds West a distance of
1246	1246	632.96 feet to the Point of Curvature of a curve to the right;
1247	1247	THENCE in a northwesterly direction along said curve to the right
1248	1248	having a radius of 2,640.00 feet, a central angle of 23 degrees, 23
1249	1249	minutes, 23 seconds and a chord bearing North 15 degrees, 28
1250	1250	minutes, 37 seconds West 1,070.26 feet, a distance of 1,077.73 feet
1251	1251	to the point of intersection of said curve with the aforementioned
1252	1252	southerly right-of-way line of F. M. Highway No. 1097 for the
1253	1253	Northwest corner of the herein described tract;
1254	1254	THENCE South 75 degrees, 19 minutes, 46 seconds East, along said
1255	1255	right-of-way line, same being the North line of the aforementioned
1256	1256	called 139.788 acre tract and the North line of the tract herein
1257	1257	described, a distance of 1,272.17 feet to the PLACE OF BEGINNING and
1258	1258	containing 29.1602 acres of land, more or less.
1259	1259	TRACT NO. 2
1260	1260	FIELD NOTES FOR A CALLED 216.2634 ACRE TRACT OF LAND IN THE F. K.
1261	1261	HENDERSON SURVEY, ABSTRACT 248, MONTGOMERY COUNTY, TEXAS, BEING A
1262	1262	PART AND OUT OF A CERTAIN CALLED 349.99 ACRE TRACT DESCRIBED IN DEED
1263	1263	FROM RANDAL A. HENDRICKS, TRUSTEE, TO RANDAL ARLAN HENDRICKS,
1264	1264	TRUSTEE DATED DECEMBER 17, 1974 AND BEING OF RECORD IN VOLUME 878,
1265	1265	AT PAGE 240, OF THE DEED RECORDS OF MONTGOMERY COUNTY, TEXAS, SAID
1266	1266	CALLED 216.2634 ARE TRACT BEING DESCRIBED MORE PARTICULARLY BY
1267	1267	METES AND BOUNDS AS FOLLOWS:
1268	1268	COMMENCING at a point in the westerly right-of-way line of
1269	1269	Interstate Highway No. 45, said point being the Northeast corner of
1270	1270	the aforementioned called 349.99 acre tract and the Northeast
1271	1271	corner of a certain adjacent called 28.534 acre tract described in
1272	1272	deed from Randal Arlan Hendricks, Trustee, to First Baptist Church
1273	1273	of Willis being of record under County Clerk's File Number 9622769
1274	1274	in the Real Property Records of Montgomery County;
1275	1275	THENCE South 14 degrees, 28 minutes, 41 seconds East, along the
1276	1276	westerly right-of-way line of Interstate Highway No. 45, same being
1277	1277	the common easterly line of said called 349.99 acre and 28.534 acre
1278	1278	tracts, a distance of 1,053.82 feet to a point in said line being
1279	1279	the Southeast corner of said called 28.534 acre tract, for the PLACE
1280	1280	OF BEGINNING of the herein described 216.2634 acre tract;
1281	1281	THENCE, continuing South 14 degrees, 28 minutes, 41 seconds East,
1282	1282	along the westerly right-of-way line of Interstate Highway No. 45,
1283	1283	same being the easterly line of said called 349.99 acre tract and
1284	1284	the easterly line of the tract herein described, a distance of
1285	1285	214.44 feet to an angle point in said line;
1286	1286	THENCE, continuing along the westerly right-of-way line of
1287	1287	Interstate Highway No. 45, same being the easterly line of said
1288	1288	called 349.99 acre tract and the easterly line of the tract herein
1289	1289	described, with the following courses and distances:
1290	1290	South 15 degrees, 05 minutes, 21 seconds East, 701.77 feet to an
1291	1291	angle point;
1292	1292	South 15 degrees, 17 minutes, 05 seconds East, 500.43 feet to an
1293	1293	angle point;
1294	1294	South 12 degrees, 03 minutes, 45 seconds East, 600.07 feet to an
1295	1295	angle point;
1296	1296	THENCE, continuing along the westerly right-of-way line of
1297	1297	Interstate Highway No. 45, same being the easterly line of said
1298	1298	called 349.99 acre tract and the easterly line of the tract herein
1299	1299	described, South 16 degrees, 28 minutes, 29 seconds East, 624.32
1300	1300	feet to a point in said line for the most easterly Southeast corner
1301	1301	of the herein described tract;
1302	1302	THENCE, departing from said westerly right-of-way line, South 75
1303	1303	degrees, 31 minutes, 19 seconds West a distance of 511.01 feet to
1304	1304	the Point of Curvature of a curve to the right;
1305	1305	THENCE in a westerly direction along said curve to the right having
1306	1306	a radius of 2,640.00 feet, a central angle of 23 degrees, 22
1307	1307	minutes, 54 seconds and a chord bearing South 87 degrees, 12
1308	1308	minutes, 46 seconds West 1,069.89 feet, a distance of 1,077.35 feet
1309	1309	to the point of intersection of said curve with a non-tangent curve
1310	1310	to the right;
1311	1311	THENCE in a westerly direction along said curve to the right having
1312	1312	a radius of 2,640.00 feet, a central angle of 69 degrees, 50
1313	1313	minutes, 46 seconds and a chord bearing North 65 degrees, 09
1314	1314	minutes, 06 seconds West 3,022.67 feet, a distance of 3,218.28 feet
1315	1315	to the point of intersection of said curve with the easterly
1316	1316	right-of-way line of Willis-Montgomery Road (70' R-O-W) for the
1317	1317	Southwest corner of the herein described tract;
1318	1318	THENCE North 42 degrees, 06 minutes, 00 seconds East along said
1319	1319	easterly right-of-way line of Willis-Montgomery Road, same being
1320	1320	the Northwest line of the aforementioned called 349.99 acre tract
1321	1321	and the Northwest line of the tract herein described, a distance of
1322	1322	2,741.82 feet to a point in said line being the most westerly
1323	1323	Northwest corner of a certain called 28.534 acre tract described in
1324	1324	deed from Randal Arlan Hendricks, Trustee to First Baptist Church
1325	1325	of Willis dated April 11, 1969 and being of record under County
1326	1326	Clerk's File Number 9622769 in the Real Property Records of
1327	1327	Montgomery County, Texas and being also the Southwest corner of a
1328	1328	30-foot wide access easement described in Exhibit "B" to said deed;
1329	1329	THENCE North 74 degrees, 45 minutes, 38 seconds East along the South
1330	1330	line of said 30-foot wide access easement, and being parallel to and
1331	1331	30.00 feet at right angles in a southerly direction from the North
1332	1332	line of said called 349.99 acre tract, a distance of 252.47 feet to
1333	1333	a reentrant corner of the aforementioned called 28.534 acre tract;
1334	1334	THENCE South 14 degrees, 28 minutes, 41 seconds East, along the most
1335	1335	westerly Southwest line of said called 28.534 acre tract, a
1336	1336	distance of 796.93 feet to the most westerly southwest corner of
1337	1337	said tract;
1338	1338	THENCE North 75 degrees, 31 minutes, 19 seconds East, along the most
1339	1339	westerly South line of said called 28.534 acre tract, a distance of
1340	1340	845.00 feet to a point for corner;
1341	1341	THENCE South 14 degrees, 28 minutes, 41 seconds East, along the most
1342	1342	southerly southwest line of said called 28.534 acre tract, a
1343	1343	distance of 209.00 feet to the most southerly corner of said called
1344	1344	28.534 acre tract;
1345	1345	THENCE North 75 degrees, 31 minutes, 09 seconds East, along the most
1346	1346	easterly South line of said called 28.534 acre tract, a distance of
1347	1347	500.01 feet (being called North 75 degrees, 31 minutes, 19 seconds
1348	1348	East 500.00 feet in the aforementioned 28.534 acre deed) to the
1349	1349	PLACE OF BEGINNING and containing 216.2634 acres of land, more or
1350	1350	less.
1351	1351	TRACT NO. 3
1352	1352	FIELD NOTES FOR A CALLED 1.9381 ACRE TRACT OF LAND IN THE URIAH
1353	1353	SPRINGER SURVEY, ABSTRACT 532, BEING A PART AND OUT OF A CERTAIN
1354	1354	CALLED 52.94 ACRE TRACT DESCRIBED IN DEED FROM ARNOLD H. MIERS TO
1355	1355	RANDAL A. HENDRICKS, TRUSTEE, BEING OF RECORD UNDER COUNTY CLERK'S
1356	1356	FILE NUMBER 8523408 IN THE REAL PROPERTY RECORDS OF MONTGOMERY
1357	1357	COUNTY, TEXAS, SAID CALLED 1.9381 ACRE TRACT BEING MORE
1358	1358	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
1359	1359	BEGINNING at the Northeast corner of the aforementioned called
1360	1360	52.94 acre tract, same being the Southeast corner of Lot 26, Block
1361	1361	2, Hilltop Village Subdivision, according to a map or plat of said
1362	1362	subdivision being of record in Cabinet "E", Slide 110-B, in the Map
1363	1363	Records of Montgomery County, Texas;
1364	1364	THENCE South 15 degrees, 30 minutes, 05 seconds West, along the East
1365	1365	line of said called 52.94 acre tract, same being the West line of
1366	1366	the Margaret Ella Watson Subdivision according to a map or plat of
1367	1367	said subdivision being of record in Volume 5, at Page 10, of the Map
1368	1368	Records of Montgomery County, a distance of 125.00 feet to the point
1369	1369	of intersection of said line with a non-tangent curve to the right;
1370	1370	THENCE in a westerly direction along said curve to the right, having
1371	1371	a radius of 2,640.00 feet, a central angle of 20 degrees, 27
1372	1372	minutes, 53 seconds and a chord bearing North 67 degrees, 02
1373	1373	minutes, 04 seconds West 937.94 feet, a distance of 942.95 feet to
1374	1374	the point of intersection of said curve with the North line of the
1375	1375	aforementioned called 52.94 acre tract;
1376	1376	THENCE South 74 degrees, 41 minutes, 35 seconds East, along the
1377	1377	North line of said called 52.94 acre tract (being called South 74
1378	1378	degrees, 41 minutes, 20 seconds East in the aforementioned 52.94
1379	1379	acre deed), a distance of 930.00 feet to the PLACE OF BEGINNING and
1380	1380	containing 1.9381 acres of land, more or less.
1381	1381	SECTION 3. (a) The legal notice of the intention to
1382	1382	introduce this Act, setting forth the general substance of this
1383	1383	Act, has been published as provided by law, and the notice and a
1384	1384	copy of this Act have been furnished to all persons, agencies,
1385	1385	officials, or entities to which they are required to be furnished
1386	1386	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1387	1387	Government Code.
1388	1388	(b) The governor, one of the required recipients, has
1389	1389	submitted the notice and Act to the Texas Commission on
1390	1390	Environmental Quality.
1391	1391	(c) The Texas Commission on Environmental Quality has filed
1392	1392	its recommendations relating to this Act with the governor, the
1393	1393	lieutenant governor, and the speaker of the house of
1394	1394	representatives within the required time.
1395	1395	(d) All requirements of the constitution and laws of this
1396	1396	state and the rules and procedures of the legislature with respect
1397	1397	to the notice, introduction, and passage of this Act are fulfilled
1398	1398	and accomplished.
1399	1399	SECTION 4. This Act takes effect September 1, 2009.
1400	1400	______________________________ ______________________________
1401	1401	President of the Senate Speaker of the House
1402	1402	I hereby certify that S.B. No. 2504 passed the Senate on
1403	1403	April 24, 2009, by the following vote: Yeas 30, Nays 0.
1404	1404	______________________________
1405	1405	Secretary of the Senate
1406	1406	I hereby certify that S.B. No. 2504 passed the House on
1407	1407	May 25, 2009, by the following vote: Yeas 144, Nays 0, two
1408	1408	present not voting.
1409	1409	______________________________
1410	1410	Chief Clerk of the House
1411	1411	Approved:
1412	1412	______________________________
1413	1413	Date
1414	1414	______________________________
1415	1415	Governor