Texas 2009 - 81st Regular

Texas Senate Bill SB2521 Compare Versions

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1	1	S.B. No. 2521
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Brazoria County Municipal Utility
6	6	District No. 63; providing authority to impose a tax and issue
7	7	bonds; granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8365 to read as follows:
11	11	CHAPTER 8365. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 63
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8365.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Brazoria County Municipal
17	17	Utility District No. 63.
18	18	Sec. 8365.002. NATURE OF DISTRICT. The district is a
19	19	municipal utility district created under Section 59, Article XVI,
20	20	Texas Constitution.
21	21	Sec. 8365.003. CONFIRMATION AND DIRECTORS' ELECTION
22	22	REQUIRED. The temporary directors shall hold an election to
23	23	confirm the creation of the district and to elect five permanent
24	24	directors as provided by Section 49.102, Water Code.
25	25	Sec. 8365.004. CONSENT OF MUNICIPALITY REQUIRED. The
26	26	temporary directors may not hold an election under Section 8365.003
27	27	until each municipality in whose corporate limits or
28	28	extraterritorial jurisdiction the district is located has
29	29	consented by ordinance or resolution to the creation of the
30	30	district and to the inclusion of land in the district.
31	31	Sec. 8365.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
32	32	(a) The district is created to serve a public purpose and benefit.
33	33	(b) The district is created to accomplish the purposes of:
34	34	(1) a municipal utility district as provided by
35	35	general law and Section 59, Article XVI, Texas Constitution; and
36	36	(2) Section 52, Article III, Texas Constitution, that
37	37	relate to the construction, acquisition, or improvement of
38	38	macadamized, graveled, or paved roads described by Section 54.234,
39	39	Water Code, or improvements, including storm drainage, in aid of
40	40	those roads.
41	41	Sec. 8365.006. INITIAL DISTRICT TERRITORY. (a) The
42	42	district is initially composed of the territory described by
43	43	Section 2 of the Act creating this chapter.
44	44	(b) The boundaries and field notes contained in Section 2 of
45	45	the Act creating this chapter form a closure. A mistake made in the
46	46	field notes or in copying the field notes in the legislative process
47	47	does not affect the district's:
48	48	(1) organization, existence, or validity;
49	49	(2) right to issue any type of bond for the purposes
50	50	for which the district is created or to pay the principal of and
51	51	interest on a bond;
52	52	(3) right to impose a tax; or
53	53	(4) legality or operation.
54	54	[Sections 8365.007-8365.050 reserved for expansion]
55	55	SUBCHAPTER B. BOARD OF DIRECTORS
56	56	Sec. 8365.051. 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 8365.052, directors serve
59	59	staggered four-year terms.
60	60	Sec. 8365.052. TEMPORARY DIRECTORS. (a) On or after the
61	61	effective date of the Act creating this chapter, the owner or owners
62	62	of a majority of the assessed value of the real property in the
63	63	district may submit a petition to the Texas Commission on
64	64	Environmental Quality requesting that the commission appoint as
65	65	temporary directors the five persons named in the petition. The
66	66	commission shall appoint as temporary directors the five persons
67	67	named in the petition.
68	68	(b) Temporary directors serve until the earlier of:
69	69	(1) the date permanent directors are elected under
70	70	Section 8365.003; or
71	71	(2) the fourth anniversary of the effective date of
72	72	the Act creating this chapter.
73	73	(c) If permanent directors have not been elected under
74	74	Section 8365.003 and the terms of the temporary directors have
75	75	expired, successor temporary directors shall be appointed or
76	76	reappointed as provided by Subsection (d) to serve terms that
77	77	expire on the earlier of:
78	78	(1) the date permanent directors are elected under
79	79	Section 8365.003; or
80	80	(2) the fourth anniversary of the date of the
81	81	appointment or reappointment.
82	82	(d) If Subsection (c) applies, the owner or owners of a
83	83	majority of the assessed value of the real property in the district
84	84	may submit a petition to the Texas Commission on Environmental
85	85	Quality requesting that the commission appoint as successor
86	86	temporary directors the five persons named in the petition. The
87	87	commission shall appoint as successor temporary directors the five
88	88	persons named in the petition.
89	89	[Sections 8365.053-8365.100 reserved for expansion]
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 8365.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 8365.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 8365.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
100	100	Section 52, Article III, Texas Constitution, the district may
101	101	design, acquire, construct, finance, issue bonds for, improve, and
102	102	convey to this state, a county, or a municipality for operation and
103	103	maintenance macadamized, graveled, or paved roads described by
104	104	Section 54.234, Water Code, or improvements, including storm
105	105	drainage, in aid of those roads.
106	106	(b) The district may exercise the powers provided by this
107	107	section without submitting a petition to or obtaining approval from
108	108	the Texas Commission on Environmental Quality as required by
109	109	Section 54.234, Water Code.
110	110	Sec. 8365.104. APPROVAL OF ROAD PROJECT. (a) The district
111	111	may not undertake a road project authorized by Section 8365.103
112	112	unless:
113	113	(1) each municipality or county that will operate and
114	114	maintain the road has approved the plans and specifications of the
115	115	road project, if a municipality or county will operate and maintain
116	116	the road; or
117	117	(2) the Texas Transportation Commission has approved
118	118	the plans and specifications of the road project, if the state will
119	119	operate and maintain the road.
120	120	(b) Except as provided by Subsection (a), the district is
121	121	not required to obtain approval from the Texas Transportation
122	122	Commission to design, acquire, construct, finance, issue bonds for,
123	123	improve, or convey a road project.
124	124	Sec. 8365.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
125	125	OR RESOLUTION. The district shall comply with all applicable
126	126	requirements of any ordinance or resolution that is adopted under
127	127	Section 54.016 or 54.0165, Water Code, and that consents to the
128	128	creation of the district or to the inclusion of land in the
129	129	district.
130	130	Sec. 8365.106. LIMITATION ON USE OF EMINENT DOMAIN. The
131	131	district may not exercise the power of eminent domain outside the
132	132	district to acquire a site or easement for:
133	133	(1) a road project authorized by Section 8365.103; or
134	134	(2) a recreational facility as defined by Section
135	135	49.462, Water Code.
136	136	Sec. 8365.107. DIVISION OF DISTRICT. (a) The district may
137	137	be divided into two or more new districts only if the district:
138	138	(1) has no outstanding bonded debt; and
139	139	(2) is not imposing ad valorem taxes.
140	140	(b) This chapter applies to any new district created by the
141	141	division of the district, and a new district has all the powers and
142	142	duties of the district.
143	143	(c) Any new district created by the division of the district
144	144	may not, at the time the new district is created, contain any land
145	145	outside the area described by Section 2 of the Act creating this
146	146	chapter.
147	147	(d) The board, on its own motion or on receipt of a petition
148	148	signed by the owner or owners of a majority of the assessed value of
149	149	the real property in the district, may adopt an order dividing the
150	150	district.
151	151	(e) The board may adopt an order dividing the district
152	152	before or after the date the board holds an election under Section
153	153	8365.003 to confirm the district's creation.
154	154	(f) An order dividing the district shall:
155	155	(1) name each new district;
156	156	(2) include the metes and bounds description of the
157	157	territory of each new district;
158	158	(3) appoint temporary directors for each new district,
159	159	or provide that the owner or owners of a majority of the assessed
160	160	value of the real property in the district may submit a petition to
161	161	the Texas Commission on Environmental Quality requesting that the
162	162	commission appoint as temporary directors the five persons named in
163	163	the petition;
164	164	(4) provide for the division of assets and liabilities
165	165	between or among the new districts; and
166	166	(5) be subject to a confirmation election in each new
167	167	district.
168	168	(g) On or before the 30th day after the date of adoption of
169	169	an order dividing the district, the district shall file the order
170	170	with the Texas Commission on Environmental Quality and record the
171	171	order in the real property records of each county in which the
172	172	district is located.
173	173	(h) Any new district created by the division of the district
174	174	shall hold a confirmation and directors' election as required by
175	175	Section 8365.003. The results of that election must be filed as
176	176	required by Sections 49.102(e) and (f), Water Code. If the voters
177	177	of a new district do not confirm the creation of the new district,
178	178	the assets, liabilities, territory, and governance of the new
179	179	district revert to the original district.
180	180	(i) Municipal consent to the creation of the district and to
181	181	the inclusion of land in the district granted under Section
182	182	8365.004 acts as municipal consent to the creation of any new
183	183	district created by the division of the district and to the
184	184	inclusion of land in the new district.
185	185	(j) Any new district created by the division of the district
186	186	must hold an election as required by this chapter to obtain voter
187	187	approval before the district may impose a maintenance tax or issue
188	188	bonds payable wholly or partly from ad valorem taxes.
189	189	[Sections 8365.108-8365.150 reserved for expansion]
190	190	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
191	191	Sec. 8365.151. ELECTIONS REGARDING TAXES OR BONDS.
192	192	(a) The district may issue, without an election, bonds and other
193	193	obligations secured by:
194	194	(1) revenue other than ad valorem taxes; or
195	195	(2) contract payments described by Section 8365.153.
196	196	(b) The district must hold an election in the manner
197	197	provided by Chapters 49 and 54, Water Code, to obtain voter approval
198	198	before the district may impose an ad valorem tax or issue bonds
199	199	payable from ad valorem taxes.
200	200	(c) The district may not issue bonds payable from ad valorem
201	201	taxes to finance a road project unless the issuance is approved by a
202	202	vote of a two-thirds majority of the district voters voting at an
203	203	election held for that purpose.
204	204	Sec. 8365.152. OPERATION AND MAINTENANCE TAX. (a) If
205	205	authorized at an election held under Section 8365.151, the district
206	206	may impose an operation and maintenance tax on taxable property in
207	207	the district in accordance with Section 49.107, Water Code.
208	208	(b) The board shall determine the tax rate. The rate may not
209	209	exceed the rate approved at the election.
210	210	Sec. 8365.153. CONTRACT TAXES. (a) In accordance with
211	211	Section 49.108, Water Code, the district may impose a tax other than
212	212	an operation and maintenance tax and use the revenue derived from
213	213	the tax to make payments under a contract after the provisions of
214	214	the contract have been approved by a majority of the district voters
215	215	voting at an election held for that purpose.
216	216	(b) A contract approved by the district voters may contain a
217	217	provision stating that the contract may be modified or amended by
218	218	the board without further voter approval.
219	219	[Sections 8365.154-8365.200 reserved for expansion]
220	220	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
221	221	Sec. 8365.201. AUTHORITY TO ISSUE BONDS AND OTHER
222	222	OBLIGATIONS. The district may issue bonds or other obligations
223	223	payable wholly or partly from ad valorem taxes, impact fees,
224	224	revenue, contract payments, grants, or other district money, or any
225	225	combination of those sources, to pay for any authorized district
226	226	purpose.
227	227	Sec. 8365.202. TAXES FOR BONDS. At the time the district
228	228	issues bonds payable wholly or partly from ad valorem taxes, the
229	229	board shall provide for the annual imposition of a continuing
230	230	direct ad valorem tax, without limit as to rate or amount, while all
231	231	or part of the bonds are outstanding as required and in the manner
232	232	provided by Sections 54.601 and 54.602, Water Code.
233	233	Sec. 8365.203. BONDS FOR ROAD PROJECTS. At the time of
234	234	issuance, the total principal amount of bonds or other obligations
235	235	issued or incurred to finance road projects and payable from ad
236	236	valorem taxes may not exceed one-fourth of the assessed value of the
237	237	real property in the district.
238	238	SECTION 2. The Brazoria County Municipal Utility District
239	239	No. 63 initially includes all the territory contained in the
240	240	following area:
241	241	EIGHT TRACTS OF LAND TOTALING 960.05 ACRES DESCRIBED AS FOLLOWS:
242	242	TRACT 1:
243	243	A survey of 185.59 acres of land, being a part of that certain
244	244	called 325.54 Acre Tract containing Lots 12, 13, and 14, and those
245	245	platted roads lying between said Lots, of the Bogart and Taylor
246	246	Subdivision of the West 1/2 of the W.D.C. Hall League, Abstract 69,
247	247	Brazoria County, Texas, according to the Plat recorded in Volume 1,
248	248	Page 64, Plat Records, and Volume 16, Pages 518-519, Deed Records of
249	249	Brazoria County, Texas (B.C.D.R), and being a part of that certain
250	250	called 326.04 Acre Tract described in a deed from Elmer M. Cannon,
251	251	Jr. to Tehama Communities, LLP recorded in Clerk's File (C.F.)
252	252	2006-074531, said 185.59 Acre Tract being more particularly
253	253	described as follows:
254	254	BEGINNING at a 1/2 inch iron rod found in the West
255	255	right-of-way line of County Road 48 (60.0 feet wide), said point
256	256	being a Northeast corner of this tract and the Southeast corner of a
257	257	tract described as Tract One in a deed to Allen W. Gibson recorded
258	258	in C.F. 2001-017726, said point being located South 03 degrees 02
259	259	minutes 44 seconds East, 990.09 feet, from a sucker rod found at the
260	260	intersection of the West right-of-way line of County Road 48 with
261	261	the South right-of-way line of County Road 841 (60.0 feet wide);
262	262	THENCE South 03 degrees 02 minutes 44 seconds East, along
263	263	said West right-of-way line of County Road 48, 330.0 feet, to a
264	264	point for corner a the Northeast corner of the Ann M. Doggett Tract
265	265	described in Volume 1474, Page 244, B.C.D.R.;
266	266	THENCE South 86 degrees 56 minutes 42 seconds West, along the
267	267	North line of said Doggett Tract, at 7.0 feet pass a 1/2 inch iron
268	268	rod set for reference, and continue for a total distance of 1,318.61
269	269	feet to a 1/2 inch iron rod found inside a 3 inch iron pipe at the
270	270	Northwest corner of said Doggett Tract;
271	271	THENCE South 02 degrees 56 minutes 25 seconds East, along the
272	272	West line of said Doggett Tract, 330.30 feet, to a 1/2 inch iron rod
273	273	found inside a 3 inch iron pipe at the Southwest corner of said
274	274	Doggett Tract;
275	275	THENCE North 86 degrees 56 minutes 42 seconds East, along the
276	276	South line of said Doggett Tract, at 1,311.87 feet pass a 1 inch
277	277	iron pipe found, and continue for a total distance of 1319.22 feet
278	278	to a point marking the Southeast corner of said Doggett Tract in
279	279	said West right-of-way line of said County Road 48;
280	280	THENCE South 03 degrees 02 minutes 44 seconds East, along
281	281	said West right-of-way line of County Road 48, 979.20 feet, to the
282	282	centerline of a 60.0 foot platted road (not open) for corner, said
283	283	point being the Eastern most Southeast corner of the herein
284	284	described tract;
285	285	THENCE South 86 degrees 57 minutes 14 seconds West, along
286	286	said centerline of a 60.0 foot platted road, 3,882.14 feet, to the
287	287	Southern most Southwest corner of the herein described tract for
288	288	corner, said point also lying in the Northeast right-of-way line of
289	289	F.M. 521 (100.0 feet wide);
290	290	THENCE North 18 degrees 47 minutes 40 seconds West, along
291	291	said Northeast right-of-way line of F.M. 521, 449.11 feet, to a
292	292	broken concrete monument found for corner in the common line of the
293	293	W.D.C. Hall League, Abstract 69, and the John Hall League, Abstract
294	294	68, said point being the Southern most corner of the Earl A. Key
295	295	Tract described in C.F. 1998-045344;
296	296	THENCE North 03 degrees 15 minutes 37 seconds West, along the
297	297	said common line of the W.D.C. Hall League, Abstract 69, and the
298	298	John Hall League, Abstract 68, being the Easterly line of said Key
299	299	Tract, the Key Tract described in C.F. 1998-028462, the William E.
300	300	Murphy Tract described in C.F. 2001-009763, the Nicholas O.
301	301	Martinez Tract described in C.F. 2002-037450, the Danny Netterville
302	302	Tract described in C.F. 2007-015818, the David Sauceda Tract
303	303	described in C.F. 2003-004766, the Ifeoma A. Nwankwo Tract
304	304	described in C.F. 2004-044384, the Larry Robinson Tract described
305	305	in C.F. 2003-038622, the Roque Arredondo Tract described in C.F.
306	306	2005-046389, and the Sierra Homes Tract described in C.F.
307	307	2006-059259, passing several 1/2 inch iron rods found on line,
308	308	2,179.53 feet, to a 3/4 inch iron pipe set for the Western most
309	309	Northwest corner of the herein described tract at the Northwest
310	310	corner of Lot 14, from which point a 1 - 1/2 inch iron pipe found
311	311	bears South 86 degrees 10 minutes 54 seconds West, 1.96 feet;
312	312	THENCE North 86 degrees 10 minutes 54 seconds East, along the
313	313	said North line of Lot 14 and the South line of a 60.0 foot platted
314	314	road, 1,341.71 feet, to a 3/4 inch iron pipe set for the Northern
315	315	most Northeast corner of the herein described tract in the
316	316	centerline of a 60.0 foot platted road (not open), from which point
317	317	a 1/2 inch iron pipe found at the Northwest corner of Lot 13 bears
318	318	North 86 degrees 10 minutes 54 seconds East, 30.0 feet;
319	319	THENCE South 03 degrees 04 minutes 59 seconds East, along the
320	320	centerline of said 60.0 foot platted road, 659.44 feet, to a 3/4
321	321	inch iron pipe set for corner;
322	322	THENCE North 86 degrees 59 minutes 02 seconds East, at 30.0
323	323	feet pass a 1- 1/4 inch iron pipe found in the East line of said 60.0
324	324	foot road at the Southwest corner of the Ronny Dumesnil Tract
325	325	described in Volume 1237, Page 638, B.C.D.R., and continue along
326	326	the South line of said Dumesnil Tract, the Jon S. Dumesnil Tract
327	327	described in Volume (92) 1029, Page 564, Official Records, the
328	328	Scott G. Frankie Tract described in C.F. 1997-033820, the Scott G.
329	329	Frankie Tract described in C.F. 2004-013757, and the Jan Felder
330	330	Tract described in Volume 1670, Page 241, B.C.D.R., 2,009.58 feet,
331	331	to a 1 inch iron pipe found for corner in the West line of the Allen
332	332	W. Gibson Tract Two described in C.F. 2001-017726;
333	333	THENCE South 03 degrees 06 minutes 52 seconds East, along the
334	334	said West line of the Gibson Tract Two and Tract One, 329.95 feet,
335	335	to a 1- 1/4 inch iron pipe found at the Southwest corner of said
336	336	Gibson Tract One;
337	337	THENCE North 86 degrees 56 minutes 43 seconds East, along the
338	338	South line of said Gibson Tract One, 660.22 feet to the POINT OF
339	339	BEGINNING and containing 185.59 acres of land.
340	340	TRACT 2:
341	341	All that certain 160.92 acres tract of land, being a part of
342	342	that certain called 264.533 Acre Tract containing Lots 10, 11, and
343	343	19 of the Bogart and Taylor Subdivision of the West 1/2 of the
344	344	W.D.C. Hall League, Abstract 69, Brazoria County, Texas, a Plat of
345	345	record in Volume 16, at Pages 518 and 519 of the Deed Records of
346	346	Brazoria County, Texas (B.C.D.R.), and being that 264.533 Acre
347	347	Tract described in a deed from Buffet Inc. to Tehama Communities,
348	348	LLP recorded in Clerk's File (C.F.) 2005-069871, said 160.92 acres
349	349	tract of land being more particularly described as follows:
350	350	BEGINNING at a 4 -inch square concrete monument found at the
351	351	Northeast corner of said Lot 10, said concrete monument being the
352	352	same described in that certain deed to Claud B. Hamill recorded in
353	353	Volume 1121, at Page 386 of the B.C.D.R., being also the Northwest
354	354	corner of Lot 9 of said Bogart and Taylor Subdivision;
355	355	THENCE South 03 degrees 02 minutes 53 seconds East, 2,652.55
356	356	feet coincident with the West line of said Claud B. Hamill Tract,
357	357	being also the East line of Lot 10 of said Bogart and Taylor
358	358	Subdivision, point also being the Southeast corner of the herein
359	359	tract;
360	360	THENCE South 86 degrees 57 minutes 14 seconds West, 2,642.69
361	361	feet coincident with the North lines of Lot 18 and 19, being also
362	362	the South line of Lots 10 and 11 of said Bogart and Taylor
363	363	Subdivision to a point for corner, from which a 1/2-inch iron rod
364	364	set for reference bears North 76 degrees 03 minutes 10 seconds West,
365	365	18.35 feet, and a 3/4 inch iron pipe found for reference bears North
366	366	01 degrees 24 minutes 37 seconds East, 23.52 feet;
367	367	THENCE North 03 degrees 02 minutes 53 seconds West, 2,652.55
368	368	feet coincident with the West line of said Lot 11 to a 1 1/4 inch
369	369	iron pipe found for corner;
370	370	THENCE North 86 degrees 57 minutes 14 seconds East, 2,642.69
371	371	feet coincident with the North lines of said Lots 10 and 11, along
372	372	the South line of a platted road to the POINT OF BEGINNING,
373	373	containing 160.92 acres of land, more or less.
374	374	TRACT 3:
375	375	A survey of 42.95 Acres out of Lot 9 of the Bogart and Taylor
376	376	subdivision of the West 1/2 of the W.D.C. Hall League, Abstract 69
377	377	according to the Plat recorded in Volume 1, Page 64 of the Map
378	378	Records of Brazoria County, Texas (B.C.M.R), and being more
379	379	particularly described by metes and bounds as follows:
380	380	BEGINNING at a set 1/2 inch iron rod with a cap in the
381	381	Northwest corner of Lot 9 set on the South right-of way line of
382	382	Adams Road / County Road 841, a public road, presently unopened, for
383	383	the Northwest corner of this tract and the POINT OF BEGINNING;
384	384	THENCE North 86 degrees 57 minutes 02 seconds East, along the
385	385	South line of said public road, a distance of 700.55 feet for the
386	386	Northeast corner of this tract;
387	387	THENCE South 03 degrees 00 minutes 50 seconds East, a
388	388	distance of 2,657.47 feet for the Southeast corner of this tract,
389	389	said point being in the South lines of Lot 9;
390	390	THENCE South 86 degrees 57 minutes 14 seconds West, along the
391	391	centerline of Ditch 316-00-00 as recorded in Iowa Colony Drainage
392	392	District No. 5, a distance of 707.48 feet for the Southwest corner
393	393	of this tract;
394	394	THENCE North 02 degrees 51 minutes 52 seconds West, along the
395	395	West lines of Lot 9, same being the East line of that tract of land
396	396	(Lots 10, 11, and 19, Bogart and Taylor) as described by deed
397	397	recorded in B.C.C.F. No. 85030634, a distance of 2,657.44 feet to
398	398	the POINT OF BEGINNING and containing 42.95 acres of land, more or
399	399	less, and being a part of the same property described in the deed
400	400	"Tract C" as described in the Clerk's File No. 2008-037928 of
401	401	Brazoria County, Texas, to which deed and the record thereof
402	402	reference is here made for all appropriate purposes.
403	403	TRACT 4:
404	404	A survey of 203.29 Acres out of Lots 4, 5, and 6 of the Bogart
405	405	and Taylor Subdivision of the West 1/2 of the W.D.C. Hall League,
406	406	Abstract 69 according to the Plat recorded in Volume 1, Page 64 of
407	407	the Map Records of Brazoria County, Texas (B.C.M.R.), and being
408	408	more particularly described by metes and bounds as follows:
409	409	BEGINNING at a found 1 inch pipe the Northwest corner of Lot
410	410	4, said point being located in the East right-of-way line of Airline
411	411	Road / County Road 48, with said point also being the Northwest
412	412	corner of this tract and the POINT OF BEGINNING;
413	413	THENCE North 86 degrees 57 minutes 02 seconds East, along the
414	414	North line of Lots 4, 5, and 6, same being the South lines of that
415	415	called 70.96 Acre Tract as described by deed recorded in B.C.C.F.
416	416	No. 03-004685 out of Lots 47-50 of the CS Palmer Subdivision of
417	417	Section 9 of the HT&B RR Company Survey, A-238, recorded in Volume
418	418	2, Page 29, B.C.M.R., distance of 2974.14 feet to a set 1/2 inch
419	419	iron rod with cap at point of intersection;
420	420	THENCE North 87 degrees 35 minutes 00 seconds East,
421	421	continuing along the North line of Lot 6, same being the South lines
422	422	of that called 74.33 Acre Tract described by deed recorded in
423	423	B.C.C.F. No. 03-064681 (therein called "Tract 1") out of the CM Hays
424	424	Survey, Section 8, A-534, a distance of 382.13 feet for the
425	425	Northeast corner of this tract;
426	426	THENCE South 03 degrees 00 minutes 50 seconds East, a
427	427	distance of 2,633.04 feet for the Southeast corner of this tract,
428	428	said point being located in the North right-of-way line of Adams
429	429	Road / County Road 841, a public road, presently unopened;
430	430	THENCE South 86 degrees 57 minutes 02 seconds West, along the
431	431	North right-of-way line of Adams Road, a distance of 3,359.80 feet
432	432	to a set 1/2 inch iron rod with cap for the Southwest corner of this
433	433	tract, said point also being the Southwest corner of Lot 4 and being
434	434	located in the East right-of-way line of Airline Road;
435	435	THENCE North 02 degrees 56 minutes 12 seconds West, along the
436	436	East right-of-way line of Airline Road, a distance of 2,637.27 feet
437	437	to the POINT OF BEGINNING and containing 203.29 acres of land, more
438	438	or less, and being a part of the same property described in the deed
439	439	"Tract B" as described in the Clerk's File No. 2008-037928 of
440	440	Brazoria County, Texas, to which deed and the record thereof
441	441	reference is here made for all appropriate purposes.
442	442	TRACT 5
443	443	A survey of 243.807 Acres being all of Lots 1, 2 and 3, and
444	444	also that portion of a 60 foot wide road lying between said Lots 1
445	445	and 2 of the Bogart and Taylor Subdivision of the West 1/2 of the
446	446	W.D.C. Hall League, Abstract 69 according to the Plat recorded in
447	447	Volume 1, Page 64 of the map records of Brazoria County, Texas; said
448	448	60 foot platted right-of-way being closed, abandoned, and vacated
449	449	by the Commissioners' Court at the petition of Claud B. Hamill and
450	450	other freeholders per Volume 1269, Page 945 and Volume 1277, Page
451	451	900, B.C.D.R.; said 243.807 Acres being more particularly described
452	452	as follows:
453	453	BEGINNING at a found 1/2 inch iron rod with cap, the Northwest
454	454	Corner of Lot 1, of said Subdivision the Northwest corner of this
455	455	tract;
456	456	THENCE North 87 degrees 01 minutes 49 seconds East, along the
457	457	North lines of said Lots 1, 2, 3, and the North end of said 60 foot
458	458	road, same being the South lines of Lots 163-191 of Grasslands
459	459	Subdivision (aka "Old Airline Road Estates"), a called 140.024 acre
460	460	unrecorded subdivision out of Lots 35, 41-45, 51-55 and portions of
461	461	Lots 36, 46, 56 and 57 of the CW Palmer Subdivision of Section 9,
462	462	HT&B RR Company Survey, A-238, as recorded in Volume 2, Page 29,
463	463	BCPR, a distance of 4026.98 feet to a set 1/2 inch iron rod with cap,
464	464	on the West line of Airline Road/County Road 48, the Northeast
465	465	corner of Lot 3 as shown on said Plat of Bogart and Taylor;
466	466	THENCE South 02 degrees 56 minutes 12 seconds East, along the
467	467	West line of Airline Road, a distance of 2637.27 feet to a set 1/2
468	468	inch iron rod on the North line of Adams Road/County Road 841, the
469	469	Southeast corner of Lot 3 as shown on said Plat of Bogart and
470	470	Taylor;
471	471	THENCE South 87 degrees 01 minutes 49 seconds West, along the
472	472	North line of Adams Road, a distance of 4026.98 feet to a set 1/2
473	473	inch iron rod, the Southwest corner of Lot 1 as shown on said Plat of
474	474	Bogart and Taylor;
475	475	THENCE North 02 degrees 56 minutes 12 seconds West, along the
476	476	West line of said Lot 1, same being the East line of that called
477	477	264.533 Acre Tract of land as described by deed recorded in Brazoria
478	478	County Clerk's File No. 2005-069871, a distance of 2637.27 feet to
479	479	the POINT OF BEGINNING, and containing 243.807 acres of land, more
480	480	or less, and being that same tract of land as described in the deed
481	481	from J.O. Garrett, Trustee, to Claud B. Hamill recorded in Volume
482	482	1175, Page 763 (as to Lot 1) and Alice Cannon Carlson to Claud B.
483	483	Hamill recorded as "First Tract" in Volume 1147, Page 483 (as to
484	484	Lots 2 and 3), and portion of the right-of-way as abandoned by the
485	485	County in Volume 1269, Page 945 and Volume 1277, Page 900, all of
486	486	the deed records of Brazoria County, Texas, to which deeds and the
487	487	records thereof reference is here made for all appropriate
488	488	purposes.
489	489	TRACT 6
490	490	A FIELD NOTE DESCRIPTION of 14.991 acres of land being the
491	491	remainder of a call 66.74 Acre Tract of land (Brazoria County
492	492	Clerk's File No. 02-036975) being out of a call 137.24 Acre Tract of
493	493	land (Volume 85-226, Page 493; Official Records of Brazoria County,
494	494	Texas) being out of Lots 37, 38, 39, 40, 47, 48, 49 and 50 of the
495	495	C.W. Palmer Subdivision (Volume 2, Page 29; Plat Records of
496	496	Brazoria County, Texas) being in the H.T. & B. Railroad Company
497	497	Survey, Section No. 9, Abstract No. 238, Brazoria County, Texas.
498	498	BEGINNING at one and one-quarter inch outside diameter iron
499	499	pipe found in the existing Easterly right-of-way line of Brazoria
500	500	County Road No. 48 (Airline Road - 60 feet wide at this point) for
501	501	the Southwest corner of said call 66.74 Acre Tract; said corner
502	502	being the Northwest corner of a call 70.96 Acre Tract (Brazoria
503	503	County Clerk's File No. 03-004685) and being in the Westerly line of
504	504	said call 137.24 Acre Tract; said corner being the Southwest corner
505	505	of this 14.991 Acre Tract;
506	506	THENCE North 3 degrees 7 minutes 32 seconds West - 166.54 feet
507	507	along the Westerly line of said call 66.74 Acre Tract being along
508	508	the existing Easterly right-of-way line of said County Road No. 48
509	509	to a point for the most Westerly Northwest corner of this tract;
510	510	said corner being the most Westerly Southwest corner of Stoneridge
511	511	Lakes Section One Subdivision (Volume 23, Pages 353, 354, 355 and
512	512	356; Plat Records of Brazoria County, Texas);
513	513	THENCE North 87 degrees 1 minute 23 seconds East, at 20.00
514	514	feet pass a 5/8 inch diameter iron rod with aluminum cap in concrete
515	515	found for reference corner in the Easterly right-of-way line of
516	516	said County Road No. 48 (80 feet wide as dedicated), at 304.63 feet
517	517	pass the centerline of Lake Ridge Circle (70 feet wide), in all
518	518	540.09 feet along a Southerly line of said Stoneridge Lakes Section
519	519	One Subdivision to a 5/8 inch diameter iron rod with aluminum cap in
520	520	concrete found for interior corner of this tract;
521	521	THENCE North 2 degrees 58 minutes 37 seconds West - 67.02 feet
522	522	along an Easterly line of said Stoneridge Lakes Section One
523	523	Subdivision to a 5/8 inch diameter iron rod with aluminum cap in
524	524	concrete found for re-entrant corner of this tract;
525	525	THENCE Easterly, along the Southerly lines of said Stoneridge
526	526	Lakes Section One Subdivision with the following courses and
527	527	distances:
528	528	North 87 degrees 1 minute 23 seconds East - 1092.26 feet to a
529	529	point for corner;
530	530	Along a tangent curve to the right with the following curve
531	531	data:
532	532	Delta:81 Degrees, 37 Minutes, 19 Seconds
533	533	Radius:235.00 feet
534	534	Length:334.77 feet
535	535	Tangent:202.93 feet
536	536	Chord:South 52 Degrees, 9 Minutes, 58 Seconds East -
537	537	307.18 feet to a point for corner;
538	538	North 87 degrees 1 minute, 23 seconds East, at 55.93 feet pass
539	539	a 5/8 inch diameter iron rod found for reference in the
540	540	Westerly line of a 130 foot wide drainage easement, at 185.93
541	541	feet pass a 5/8 inch diameter iron rod found for reference in
542	542	the Easterly line of said 130 foot wide drainage easement, at
543	543	476.85 feet pass the centerline of said Lake Ridge Circle, in
544	544	all 715.35 feet to a 5/8 inch diameter iron rod with aluminum
545	545	cap in concrete found for interior corner of this tract;
546	546	THENCE North 2 degrees 58 minutes 37 seconds West - 440.76
547	547	feet along an Easterly line of said Stonebridge Lakes Section One
548	548	Subdivision to a 5/8 inch diameter iron rod with aluminum cap in
549	549	concrete found for re-entrant corner of this tract;
550	550	THENCE North 87 degrees 1 minute 23 seconds East - 470.04 feet
551	551	along a Southerly line of said Stoneridge Lakes Section One
552	552	Subdivision to a 5/8 inch diameter iron rod with aluminum cap in
553	553	concrete found for the Northeast corner of this tract; said corner
554	554	being the most Easterly Southeast corner of said Stoneridge Lakes
555	555	Section One Subdivision and being in the Easterly line of said call
556	556	66.74 Acre Tract;
557	557	THENCE South 2 degrees 17 minutes 8 seconds East - 486.94 feet
558	558	along the Easterly line of said call 66.74 Acre Tract being along
559	559	the bank of a drainage ditch to a 5/8 inch diameter iron rod with
560	560	plastic cap set for the Southeast corner of this tract; said corner
561	561	being the Southeast corner of said call 66.74 Acre Tract, the
562	562	Northeast corner of said 70.956 Acre Tract and bears North 2
563	563	Degrees, 17 Minutes, 8 Seconds West - 1020.95 feet from a 3/4 inch
564	564	diameter iron rod found for the Southeast corner of said call 137.24
565	565	Acre Tract;
566	566	THENCE South 87 degrees 16 minutes 27 seconds West (reference
567	567	bearing), at 993.60 feet pass the Easterly line of said 130 foot
568	568	wide drainage easement, at 1123.60 feet pass the Westerly line of
569	569	said 130 foot wide drainage easement, in all 3043.95 feet along the
570	570	Southerly line of said call 66.74 Acre Tract and along the Northerly
571	571	line of said call 70.96 Acre Tract to the POINT OF BEGINNING and
572	572	containing 14.991 acres of land.
573	573	TRACT 7
574	574	A FIELD NOTE DESCRIPTION of 70.956 acres of land being a call
575	575	70.96 Acre Tract of land (Brazoria County Clerk's File No.
576	576	03-004685) being out of a call 137.24 Acre Tract of land (Volume
577	577	85-226, Page 493; Official Records of Brazoria County, Texas) being
578	578	out of Lots 37, 38, 39, 40, 47, 48, 49 and 50 of the C.W. Palmer
579	579	Subdivision (Volume 2, Page 29; Plat Records of Brazoria County,
580	580	Texas) being in the H.T. & B. Railroad Company Survey, Section No.
581	581	9, Abstract No. 238, Brazoria County, Texas.
582	582	BEGINNING at a one and one-quarter inch outside diameter iron
583	583	pipe found in the existing Easterly right-of-way line of Brazoria
584	584	County Road No. 48 (Airline Road - 60 feet wide at this point) for
585	585	the Northwest corner of said call 70.96 Acre Tract; said corner
586	586	being the Southwest corner of a 14.991 Acre Tract, being the
587	587	Southwest corner of a call 66.74 Acre Tract (Brazoria County
588	588	Clerk's File No. 02-036975) and being in the Westerly line of said
589	589	call 137.24 Acre Tract; said corner being the Northwest corner of
590	590	this tract;
591	591	THENCE North 87 degrees 16 minutes 27 seconds East (reference
592	592	bearing), at 1920.35 feet pass the Westerly line of a 130 foot wide
593	593	drainage easement, at 2050.35 feet pass the Easterly line of said
594	594	130 foot wide drainage easement, in all 3043.95 feet along the
595	595	Northerly line of said call 70.96 Acre Tract, being along the
596	596	Southerly line of said 14.991 Acre Tract and along the Southerly
597	597	line of said call 66.74 Acre Tract to a 5/8 inch diameter iron rod
598	598	with plastic cap set for the Northeast corner of this tract; said
599	599	corner being the Southeast corner of said 14.991 Acre Tract and
600	600	bears South 2 degrees 17 minutes 8 seconds East - 486.94 feet from a
601	601	5/8 inch diameter iron rod with aluminum cap in concrete found for
602	602	the most Easterly Southeast corner of Stoneridge Lakes Section One
603	603	Subdivisions (Volume 23, Pages 353, 354, 355, and 356; Plat Records
604	604	of Brazoria County, Texas);
605	605	THENCE South 2 degrees 17 minutes 8 seconds East - 1020.95
606	606	feet along the Easterly line of said call 70.96 Acre Tract, along
607	607	the Easterly line of said call 137.24 Acre Tract and along the
608	608	Westerly line of a call 8.58 Acre Tract (Brazoria County Clerk's
609	609	File No. 01-032189) to a 3/4 inch diameter iron rod found for the
610	610	Southeast corner of this tract; said corner being the Southeast
611	611	corner of said call 70.96 Acre Tract being the Southwest corner of
612	612	said call 8.58 Acre Tract and bears South 87 degrees 55 minutes 39
613	613	seconds West - 80.00 feet from a 1/2 inch diameter iron rod with a
614	614	cap found for the Southwest corner of a 74.337 Acre Tract;
615	615	THENCE South 87 degrees 16 minutes 27 seconds West, at 902.33
616	616	feet pass the Easterly line of said 130 foot wide drainage easement,
617	617	at 1032.33 feet pass the Westerly line of said 130 foot wide
618	618	drainage easement, at 2962.33 feet pass North 2 degrees 43 minutes
619	619	33 seconds West - 11.82 feet from a one and one-quarter inch outside
620	620	diameter iron pipe found for reference, in all 2987.26 feet along
621	621	the Southerly line of said call 70.96 Acre Tract, along the
622	622	Southerly line of said call 137.24 Acre Tract and along the
623	623	Northerly line of a call 264.481750 Acre Tract (Second Tract,
624	624	Volume 1147, Page 483, Deed Records of Brazoria County, Texas) to a
625	625	5/8 inch diameter iron rod with plastic cap set for the Southwest
626	626	corner of this tract;
627	627	THENCE Northwesterly, along the Westerly line of said call
628	628	70.96 Acre Tract, along the Westerly line of said call 137.24 Acre
629	629	Tract and along the Easterly right-of-way line of said Brazoria
630	630	County Road No. 48 (60 feet wide at this point) as fenced with the
631	631	following courses and distances:
632	632	North 8 degrees 33 minutes 53 seconds West - 440.19 feet to a
633	633	point for angle;
634	634	North 3 degrees 7 minutes 32 seconds West - 583.03 feet to the
635	635	POINT OF BEGINNING and containing 70.956 acres of land.
636	636	TRACT 8
637	637	A FIELD NOTE DESCRIPTION of 37.544 acres of land being a call
638	638	37.54 Acre Tract of land (Tract II; Brazoria County Clerk's File No.
639	639	03-064681) being out of Lots 28, 29, and 30 of the C.W. Palmer
640	640	Subdivision (Volume 2, Page 29; Plat Records of Brazoria County,
641	641	Texas) being in the H.T. & B. Railroad Company Survey, Section No.
642	642	9, Abstract No. 238, Brazoria County, Texas.
643	643	BEGINNING at a 5/8 inch diameter iron rod with aluminum cap in
644	644	concrete found for the Southwest corner of said call 37.54 Acre
645	645	Tract; said corner being the Northwest corner of Lot No. 5, Block
646	646	No. 2 of Stoneridge Lakes Section One Subdivision (Volume 23, Pages
647	647	353, 354, 355 and 356; Plat Records of Brazoria County, Texas) and
648	648	being in an Easterly line of Lot No. 4, Block No. 2 of said
649	649	Stoneridge Lakes Section One Subdivision; said corner being the
650	650	Southwest corner of this 37.544 Acre Tract;
651	651	THENCE North 2 degrees 16 minutes 28 seconds West, at 11.19
652	652	feet pass a 5/8 inch diameter iron rod with aluminum cap in concrete
653	653	found for the Northeast corner of said Lot No. 4, at 659.37 feet
654	654	pass a 3/4 inch diameter iron rod found for reference, in all 675.48
655	655	feet along the Westerly line of said call 37.54 Acre Tract and along
656	656	the Easterly line of a call 10 Acre Tract (Brazoria County Clerk's
657	657	File No. 02-057392) to a point for the Northwest corner of this
658	658	tract;
659	659	THENCE Easterly, along the Northerly line of said call 37.54
660	660	Acre Tract being along a line in a drainage ditch, with the
661	661	following courses and distances:
662	662	North 86 degrees 50 minutes 38 seconds East - 1321.37 feet to
663	663	a point for angle;
664	664	North 86 degrees 37 minutes 19 seconds East - 1094.29 feet to
665	665	a point for the Northeast corner of this tract; said corner
666	666	being the Northeast corner of said call 37.54 Acre Tract,
667	667	being the Northwest corner of a call 8.58 Acre Tract
668	668	(Brazoria County Clerk's File No. 01-032189) and bears South
669	669	86 degrees 37 minutes, 19 seconds West - 54.57 feet from a
670	670	point for the Southwest corner of a 28.703 Acre Tract;
671	671	THENCE South 0 degrees 27 minutes 12 seconds East, at 27.84
672	672	feet pass a 1/2 inch diameter iron rod with cap found for reference,
673	673	in all 687.89 feet along the Easterly line of said call 37.54 Acre
674	674	Tract being along a Westerly line of said call 8.58 Acre Tract to a
675	675	point for the Southeast corner of this tract; said corner being the
676	676	Southeast corner of said call 37.54 Acre Tract, being in the
677	677	Northerly line of Lot No. 9, Block No. 3 of said Stoneridge Lakes
678	678	Section One Subdivision and bears South 87 degrees 1 minute 23
679	679	seconds West - 29.00 feet from a 5/8 inch diameter iron rod with
680	680	aluminum cap in concrete found for the Northeast corner of said
681	681	Stoneridge Lakes Section One Subdivision;
682	682	THENCE South 87 degrees 1 minute 23 seconds West (reference
683	683	bearing) - 2393.62 feet along the Northerly line of said Stoneridge
684	684	Lakes Section One Subdivision to the POINT OF BEGINNING and
685	685	containing 37.544 acres of land.
686	686	SECTION 3. (a) The legal notice of the intention to
687	687	introduce this Act, setting forth the general substance of this
688	688	Act, has been published as provided by law, and the notice and a
689	689	copy of this Act have been furnished to all persons, agencies,
690	690	officials, or entities to which they are required to be furnished
691	691	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
692	692	Government Code.
693	693	(b) The governor, one of the required recipients, has
694	694	submitted the notice and Act to the Texas Commission on
695	695	Environmental Quality.
696	696	(c) The Texas Commission on Environmental Quality has filed
697	697	its recommendations relating to this Act with the governor, the
698	698	lieutenant governor, and the speaker of the house of
699	699	representatives within the required time.
700	700	(d) All requirements of the constitution and laws of this
701	701	state and the rules and procedures of the legislature with respect
702	702	to the notice, introduction, and passage of this Act are fulfilled
703	703	and accomplished.
704	704	SECTION 4. This Act takes effect immediately if it receives
705	705	a vote of two-thirds of all the members elected to each house, as
706	706	provided by Section 39, Article III, Texas Constitution. If this
707	707	Act does not receive the vote necessary for immediate effect, this
708	708	Act takes effect September 1, 2009.
709	709	______________________________ ______________________________
710	710	President of the Senate Speaker of the House
711	711	I hereby certify that S.B. No. 2521 passed the Senate on
712	712	May 5, 2009, by the following vote: Yeas 31, Nays 0.
713	713	______________________________
714	714	Secretary of the Senate
715	715	I hereby certify that S.B. No. 2521 passed the House on
716	716	May 25, 2009, by the following vote: Yeas 144, Nays 0, one
717	717	present not voting.
718	718	______________________________
719	719	Chief Clerk of the House
720	720	Approved:
721	721	______________________________
722	722	Date
723	723	______________________________
724	724	Governor