TX
Texas Senate Bill SB2533

Texas 2009 - 81st Regular

Texas Senate Bill SB2533 Compare Versions

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11 81R25167 PMO-D
22 By: Estes S.B. No. 2533
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Lake Texoma Municipal Utility
88 District No. 1; providing authority to impose a tax or assessment
99 and issue bonds; granting a limited power of eminent domain.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1212 Code, is amended by adding Chapter 8359 to read as follows:
1313 CHAPTER 8359. LAKE TEXOMA MUNICIPAL UTILITY DISTRICT NO. 1
1414 SUBCHAPTER A. GENERAL PROVISIONS
1515 Sec. 8359.001. DEFINITIONS. In this chapter:
1616 (1) "Board" means the district's board of directors.
1717 (2) "Director" means a board member.
1818 (3) "District" means the Lake Texoma Municipal Utility
1919 District No. 1.
2020 Sec. 8359.002. NATURE OF DISTRICT. The district is a
2121 municipal utility district created under Section 59, Article XVI,
2222 Texas Constitution.
2323 Sec. 8359.003. CONFIRMATION AND DIRECTORS' ELECTION
2424 REQUIRED. (a) The temporary directors shall hold an election to
2525 confirm the creation of the district and to elect five permanent
2626 directors as provided by Section 49.102, Water Code.
2727 (b) The temporary directors of any new district created
2828 under Section 8359.108 may not hold an election under Subsection
2929 (a) until the earlier of:
3030 (1) the date the land in the new district has been
3131 annexed by the City of Denison; or
3232 (2) not later than the 180th day after the date the
3333 City of Denison receives a written petition from a landowner
3434 requesting annexation that the city does not grant.
3535 (c) The petition described by Subsection (b) must:
3636 (1) request annexation of land that is contiguous with
3737 a boundary of the City of Denison;
3838 (2) include all the land in the new district;
3939 (3) include land covered by the development agreement
4040 executed under Section 8359.004;
4141 (4) include the landowner's consent to abide by the
4242 comprehensive land use plan and development regulations as defined
4343 in the development agreement; and
4444 (5) if the development agreement for the land included
4545 in the new district expires before a new district is created under
4646 Section 8359.108, include the landowner's consent to reinstate the
4747 comprehensive land use plan and development regulations defined in
4848 the expired development agreement.
4949 Sec. 8359.004. DEVELOPMENT AGREEMENT REQUIRED. The
5050 temporary directors may not hold an election under Section 8359.003
5151 until the City of Denison and the owners of the land to be covered by
5252 a development agreement that covers all or part of the land in the
5353 district enter into the development agreement under Chapter 212,
5454 Local Government Code.
5555 Sec. 8359.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
5656 The district is created to serve a public purpose and benefit.
5757 (b) All land and other property included in the district
5858 will benefit from the improvements and services to be provided by
5959 the district under powers conferred by Section 52, Article III, and
6060 Section 59, Article XVI, Texas Constitution, and under this
6161 chapter.
6262 (c) The district is created to accomplish the purposes of:
6363 (1) a municipal utility district as provided by
6464 general law and Section 59, Article XVI, Texas Constitution; and
6565 (2) Section 52, Article III, Texas Constitution, that
6666 relate to the construction, acquisition, improvement, operation,
6767 or maintenance of macadamized, graveled, or paved roads, or
6868 improvements, including storm drainage, in aid of those roads.
6969 Sec. 8359.006. INITIAL DISTRICT TERRITORY. (a) The
7070 district is initially composed of the territory described by
7171 Section 2 of the Act creating this chapter.
7272 (b) The boundaries and field notes contained in Section 2 of
7373 the Act creating this chapter form a closure. A mistake made in the
7474 field notes or in copying the field notes in the legislative process
7575 does not affect the district's:
7676 (1) organization, existence, or validity;
7777 (2) right to issue any type of bond for the purposes
7878 for which the district is created or to pay the principal of and
7979 interest on a bond;
8080 (3) right to impose a tax or assessment; or
8181 (4) legality or operation.
8282 Sec. 8359.007. ELIGIBILITY FOR INCLUSION IN TAX INCREMENT
8383 REINVESTMENT ZONE. (a) All or any part of the district is eligible
8484 to be included in a tax increment reinvestment zone created under
8585 Chapter 311, Tax Code.
8686 (b) If the City of Denison creates a tax increment
8787 reinvestment zone described by Subsection (a) that includes all or
8888 part of the territory of the district, the City of Denison and the
8989 board of directors of the zone, by contract with the district, may
9090 grant money to the district to be used for a permissible purpose of
9191 a corporation under Section 380.002(b), Local Government Code,
9292 including the right to pledge the money as security for a bond
9393 issued by the district.
9494 [Sections 8359.008-8359.050 reserved for expansion]
9595 SUBCHAPTER B. BOARD OF DIRECTORS
9696 Sec. 8359.051. GOVERNING BODY; TERMS. (a) The district is
9797 governed by a board of five elected directors.
9898 (b) Except as provided by Section 8359.052, directors serve
9999 staggered four-year terms.
100100 Sec. 8359.052. TEMPORARY DIRECTORS. (a) The temporary
101101 board consists of:
102102 (1) Ben Munson;
103103 (2) Gifford Jackson;
104104 (3) Robert Vaughn;
105105 (4) Denice Lucas; and
106106 (5) Patrick O'Toole.
107107 (b) Temporary directors serve until the earlier of:
108108 (1) the date permanent directors are elected under
109109 Section 8359.003; or
110110 (2) September 1, 2013.
111111 (c) If permanent directors have not been elected under
112112 Section 8359.003 and the terms of the temporary directors have
113113 expired, successor temporary directors shall be appointed or
114114 reappointed as provided by Subsection (d) to serve terms that
115115 expire on the earlier of:
116116 (1) the date permanent directors are elected under
117117 Section 8359.003; or
118118 (2) the fourth anniversary of the date of the
119119 appointment or reappointment.
120120 (d) If Subsection (c) applies, the owner or owners of a
121121 majority of the assessed value of the real property in the district
122122 may submit a petition to the Texas Commission on Environmental
123123 Quality requesting that the commission appoint as successor
124124 temporary directors the five persons named in the petition. The
125125 commission shall appoint as successor temporary directors the five
126126 persons named in the petition.
127127 [Sections 8359.053-8359.100 reserved for expansion]
128128 SUBCHAPTER C. POWERS AND DUTIES
129129 Sec. 8359.101. GENERAL POWERS AND DUTIES. The district has
130130 the powers and duties necessary to accomplish the purposes for
131131 which the district is created.
132132 Sec. 8359.102. MUNICIPAL UTILITY DISTRICT POWERS AND
133133 DUTIES. The district has the powers and duties provided by the
134134 general law of this state, including Chapters 49 and 54, Water Code,
135135 applicable to municipal utility districts created under Section 59,
136136 Article XVI, Texas Constitution.
137137 Sec. 8359.103. AUTHORITY FOR ROAD PROJECTS. Under Section
138138 52, Article III, Texas Constitution, the district may design,
139139 acquire, construct, finance, issue bonds for, improve, operate,
140140 maintain, and convey to this state, a county, or a municipality for
141141 operation and maintenance macadamized, graveled, or paved roads, or
142142 improvements, including storm drainage, in aid of those roads.
143143 Sec. 8359.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
144144 project must meet all applicable construction standards, zoning and
145145 subdivision requirements, and regulations of each municipality in
146146 whose corporate limits or extraterritorial jurisdiction the road
147147 project is located.
148148 (b) If a road project is not located in the corporate limits
149149 or extraterritorial jurisdiction of a municipality, the road
150150 project must meet all applicable construction standards,
151151 subdivision requirements, and regulations of each county in which
152152 the road project is located.
153153 (c) If the state will maintain and operate the road, the
154154 Texas Transportation Commission must approve the plans and
155155 specifications of the road project.
156156 Sec. 8359.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
157157 OR RESOLUTION. (a) The district shall comply with all applicable
158158 requirements of an ordinance or resolution adopted by the City of
159159 Denison in accordance with Section 54.016 or 54.0165, Water Code,
160160 that consents to the creation of the district or to the inclusion of
161161 land in the district. The ordinance or resolution of the City of
162162 Denison consenting to the creation of the district may limit the
163163 amount of the district's bonds and tax rate.
164164 (b) The ordinance or resolution of the City of Denison
165165 consenting to the inclusion of additional land in the district may
166166 be conditioned on the additional land being covered by the
167167 development agreement executed under Section 8359.004.
168168 (c) The consent ordinance or resolution of the City of
169169 Denison may not impose a restriction or condition not expressly
170170 provided under Section 54.016(f), Water Code, on a new district
171171 created under Section 8359.108 or on the inclusion of land in the
172172 new district. A restriction or condition on the creation of a new
173173 district under Section 8359.108 or the inclusion of land in a new
174174 district may not:
175175 (1) limit the amount of the new district's bonds or tax
176176 rate; or
177177 (2) restrict the purposes authorized by this chapter
178178 for which the new district may issue bonds.
179179 Sec. 8359.106. ANNEXATION. (a) Before the district holds
180180 an election under Section 8359.003, the district may annex:
181181 (1) without the consent of the City of Denison, land
182182 previously owned by the United States Army Corps of Engineers; or
183183 (2) in accordance with Section 54.016, Water Code,
184184 land located in the extraterritorial jurisdiction or corporate
185185 limits of the City of Denison if the City of Denison has consented
186186 by ordinance or resolution to the annexation.
187187 (b) The district may not annex land located outside the
188188 corporate limits and extraterritorial jurisdiction of the City of
189189 Denison.
190190 Sec. 8359.107. EFFECT OF ANNEXATION BY CITY OF DENISON. (a)
191191 The City of Denison may annex part of the district into its
192192 corporate limits without annexing the entire district under the
193193 terms of a development agreement executed under Section 8359.004
194194 between the City of Denison and the owners of the land in the
195195 district that is covered by the development agreement. If a
196196 development agreement is not executed under Section 8359.004 or the
197197 agreement has expired, nothing in this chapter limits the right of
198198 the City of Denison to annex the district.
199199 (b) If the City of Denison annexes all or part of the
200200 district into its corporate limits:
201201 (1) the district is not dissolved;
202202 (2) the ability of the district to issue bonds is not
203203 impaired or precluded; and
204204 (3) unless otherwise approved by the board and the
205205 governing body of the City of Denison, the city:
206206 (A) may not take over the property or other
207207 assets of the district;
208208 (B) may not assume any debts, liabilities, or
209209 other obligations of the district;
210210 (C) is not obligated to perform any functions of
211211 the district; and
212212 (D) is not obligated to pay a landowner or
213213 developer for expenses incurred by the landowner or developer in
214214 connection with the district that would otherwise be eligible for
215215 reimbursement from the proceeds of bonds issued by the district.
216216 (c) Notwithstanding Section 54.016(f)(2), Water Code, an
217217 allocation agreement between the City of Denison and the district
218218 that provides for the allocation of the taxes or revenues of the
219219 district and the city following the date of inclusion of all the
220220 district's territory in the corporate limits of the city may
221221 provide that the total annual ad valorem taxes collected by the city
222222 and the district from taxable property in the district may exceed
223223 the city's ad valorem tax on that property.
224224 Sec. 8359.108. DIVISION OF DISTRICT. (a) The district may
225225 be divided into two or more new districts only if the district:
226226 (1) has no outstanding bonded debt; and
227227 (2) is not imposing ad valorem taxes.
228228 (b) This chapter applies to any new district created by the
229229 division of the district, and a new district has all the powers and
230230 duties of the district.
231231 (c) Any new district created by the division of the district
232232 may, at the time the new district is created, contain only:
233233 (1) land within the area described by Section 2 of the
234234 Act creating this chapter;
235235 (2) any land previously owned by the United States
236236 Army Corps of Engineers; and
237237 (3) any land adjacent to the area described by Section
238238 2 of the Act creating this chapter if that adjacent land is within
239239 the extraterritorial jurisdiction of the City of Denison and if
240240 that adjacent land has been approved for inclusion in the district
241241 under the consent ordinance or resolution adopted by the City of
242242 Denison under Section 8359.105.
243243 (d) The board, on its own motion or on receipt of a petition
244244 signed by the owner or owners of a majority of the assessed value of
245245 the real property in the district, may adopt an order dividing the
246246 district.
247247 (e) The board may adopt an order dividing the district only
248248 after the date the board holds an election under Section 8359.003 to
249249 confirm the district's creation.
250250 (f) An order dividing the district must:
251251 (1) name each new district;
252252 (2) include the metes and bounds description of the
253253 territory of each new district;
254254 (3) appoint temporary directors for each new district;
255255 and
256256 (4) provide for the division of assets and liabilities
257257 between or among the new districts.
258258 (g) On or before the 30th day after the date of adoption of
259259 an order dividing the district, the district shall file the order
260260 with the Texas Commission on Environmental Quality and record the
261261 order in the real property records of each county in which the
262262 district is located.
263263 (h) Any new district created by the division of the district
264264 shall hold a confirmation and directors' election as required by
265265 Section 8359.003.
266266 (i) Municipal consent by the City of Denison is not required
267267 for the creation of any new district created under this section.
268268 (j) Any new district created by the division of the district
269269 must hold an election as required by this chapter to obtain voter
270270 approval before the district may impose a maintenance tax or issue
271271 bonds payable wholly or partly from ad valorem taxes.
272272 (k) If the voters of a new district do not confirm the
273273 creation of the new district, the assets, obligations, territory,
274274 and governance of the new district revert to that of the original
275275 district.
276276 Sec. 8359.109. DISSOLUTION OF DISTRICT. The district may
277277 be dissolved by ordinance or resolution of the governing body of the
278278 City of Denison after the date on which at least 95 percent of the
279279 infrastructure authorized by this chapter and the Water Code to
280280 serve full development in the district has been completed. On
281281 dissolution, the City of Denison shall:
282282 (1) take over the property and other assets of the
283283 district;
284284 (2) assume all debts, liabilities, or other
285285 obligations of the district;
286286 (3) perform the functions of the district; and
287287 (4) pay any landowner or developer for costs and
288288 expenses incurred by the landowner or developer in connection with
289289 the district that would otherwise be eligible for reimbursement
290290 from the proceeds of bonds issued by the district.
291291 Sec. 8359.110. LIMITATION ON USE OF EMINENT DOMAIN. The
292292 district may not exercise the power of eminent domain outside the
293293 district to acquire a site or easement for:
294294 (1) a road project authorized by Section 8359.103; or
295295 (2) a recreational facility as defined by Section
296296 49.462, Water Code.
297297 [Sections 8359.111-8359.150 reserved for expansion]
298298 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
299299 Sec. 8359.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
300300 district may issue, without an election, bonds and other
301301 obligations secured by:
302302 (1) revenue other than ad valorem taxes; or
303303 (2) contract payments described by Section 8359.153.
304304 (b) The district must hold an election in the manner
305305 provided by Chapters 49 and 54, Water Code, to obtain voter approval
306306 before the district may impose an ad valorem tax or issue bonds
307307 payable from ad valorem taxes.
308308 (c) The district may not issue bonds payable from ad valorem
309309 taxes to finance a road project unless the issuance is approved by a
310310 vote of a two-thirds majority of the district voters voting at an
311311 election held for that purpose.
312312 Sec. 8359.152. OPERATION AND MAINTENANCE TAX. (a) If
313313 authorized at an election held under Section 8359.151, the district
314314 may impose an operation and maintenance tax on taxable property in
315315 the district in accordance with Section 49.107, Water Code.
316316 (b) The board shall determine the tax rate. The rate may not
317317 exceed the rate approved at the election.
318318 Sec. 8359.153. CONTRACT TAXES. (a) In accordance with
319319 Section 49.108, Water Code, the district may impose a tax other than
320320 an operation and maintenance tax and use the revenue derived from
321321 the tax to make payments under a contract after the provisions of
322322 the contract have been approved by a majority of the district voters
323323 voting at an election held for that purpose.
324324 (b) A contract approved by the district voters may contain a
325325 provision stating that the contract may be modified or amended by
326326 the board without further voter approval.
327327 [Sections 8359.154-8359.200 reserved for expansion]
328328 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
329329 Sec. 8359.201. AUTHORITY TO ISSUE BONDS AND OTHER
330330 OBLIGATIONS. The district may issue bonds or other obligations
331331 payable wholly or partly from ad valorem taxes, impact fees,
332332 revenue, contract payments, grants, or other district money,
333333 revenue from a tax increment reinvestment zone created under
334334 Chapter 311, Tax Code, revenue from economic development agreements
335335 under Chapter 380, Local Government Code, or any combination of
336336 those sources, to pay for any authorized district purpose.
337337 Sec. 8359.202. TAXES FOR BONDS. At the time the district
338338 issues bonds payable wholly or partly from ad valorem taxes, the
339339 board shall provide for the annual imposition of a continuing
340340 direct ad valorem tax, without limit as to rate or amount, while all
341341 or part of the bonds are outstanding as required and in the manner
342342 provided by Sections 54.601 and 54.602, Water Code.
343343 Sec. 8359.203. BONDS FOR ROAD PROJECTS. At the time of
344344 issuance, the total principal amount of bonds or other obligations
345345 issued or incurred to finance road projects and payable from ad
346346 valorem taxes may not exceed one-fourth of the assessed value of the
347347 real property in the district.
348348 SECTION 2. The Lake Texoma Municipal Utility District No. 1
349349 initially includes all the territory contained in the following
350350 area:
351351 Situated in the County of Grayson, State of Texas, being a
352352 part of the Stephen Cox Survey, Abstract No. 299, the H. K. Needham
353353 Survey, Abstract No. 1520, the Sarah Hall Survey, Abstract No.
354354 1485, the Levi T. Loveall Survey, Abstract No. 746, the Bledsoe
355355 Holder Survey, Abstract No. 614, the William J. Reeves Survey,
356356 Abstract No. 1018, the Thomas M. Reeves Survey, Abstract No. 1017,
357357 the William Bean Survey, Abstract No. 84, the Greenberry Gates
358358 Survey, Abstract No. 443, the Jacob Wilcox Survey, Abstract No.
359359 1358, the Polly Stamps Survey, Abstract No. 1098, the Joshua West
360360 Survey, Abstract No. 1316, and being all of the J. C. Jamison
361361 Survey, Abstract No. 665, the T. E. Jones Survey, Abstract No. 55,
362362 the R. J. Lefever Survey, Abstract No. 753, the Mary E. Bowe Survey,
363363 Abstract No. 181, the Charles F. Daugherty Survey, Abstract No.
364364 1566, the H. B. Thomas Survey, Abstract No. 1572, and the Juan
365365 Armendaris Survey, Abstract No. 40, and being various tracts of
366366 land conveyed in various interests to Preston Harbour, L.P., Jack
367367 Schuler, Farmington Estates, Ltd., Forest Grove Land Company,
368368 L.L.C., and Preston Harbour Homeplace by descriptions in deed
369369 recorded in Volume 3449, Page 257, Volume 3599, Page 455, Volume
370370 4323, Page 875, Volume 4323, Page 881, Volume 3295, Page 526, Volume
371371 3276, Page 526, Volume 3944, Pages 609 and 615, Volume 3276, Page
372372 398, Volume 4323, Page 888, Volume 3718, Page 878, Volume 4323, Page
373373 895, and Volume 3941, Page 871, all of the Official Public Records,
374374 Grayson County, Texas, and being described as follows:
375375 Beginning at a point for the most Southerly Southeast corner
376376 of the herein described tract the intersection of the East line of
377377 the said Cox Survey with the North right-of-way line of F.M. Highway
378378 No. 406;
379379 Thence Westerly with said North right-of-way line as follows:
380380 North 4400'30" West, a distance of 76.92 feet;
381381 Northwesterly with a curve to the left having a radius of
382382 1,517.39 feet (chord bears North 5712'58" West, 449.54 feet) an arc
383383 distance of 451.20 feet;
384384 North 0157'58" East, a distance of 20.01 feet;
385385 North 8710'26" West, a distance of 53.63 feet;
386386 Westerly with a non-tangent curve to the left having a radius
387387 of 1,517.39 feet (chord bears North 7732'28" West, 507.89 feet) an
388388 arc distance of 510.29 feet;
389389 North 8734'14" West, a distance of 724.69 feet;
390390 North 8742'32" West, a distance of 215.02 feet;
391391 North 8814'34" West, a distance of 199.86 feet;
392392 North 7533'45" West, a distance of 205.00 feet;
393393 North 8814'34" West, a distance of 200.00 feet;
394394 South 8437'56" West, a distance of 201.56 feet;
395395 North 8814'34" West, a distance of 338.31 feet;
396396 North 8702'49" West, a distance of 314.69 feet;
397397 North 7752'42" West, a distance of 41.24 feet to the
398398 intersection of said North right-of-way line with the East line of
399399 the USA property embracing City of Denison;
400400 Thence with the USA boundary as follows:
401401 North 0004'03" East, a distance of 1,381.78 feet;
402402 North 8953'11" West, a distance of 650.19 feet;
403403 North 0007'13" East, a distance of 1,949.53 feet;
404404 South 8951'06" East, a distance of 840.00 feet;
405405 North 0003'31" East, a distance of 850.00 feet;
406406 North 8957'20" West, a distance of 500.00 feet;
407407 North 0000'29" East, a distance of 1,057.78 feet;
408408 North 0000'44" West, a distance of 1,530.00 feet;
409409 North 8959'16" East, a distance of 800.00 feet;
410410 North 0000'44" West, a distance of 1,099.40 feet;
411411 South 8726'08" East, a distance of 4,441.44 feet;
412412 North 0125'48" East, a distance of 1,465.32 feet;
413413 North 8708'00" West, a distance of 2,370.30 feet;
414414 North 1019'33" East, a distance of 1,184.67 feet;
415415 North 8606'49" West, a distance of 1,106.58 feet;
416416 North 0202'54" East, a distance of 969.85 feet;
417417 North 8615'15" West, a distance of 425.41 feet;
418418 North 0332'53" East, a distance of 1,251.67 feet;
419419 North 8827'30" East, a distance of 2,465.83 feet
420420 North 0145'27" East, a distance of 1,293.09 feet;
421421 South 8721'00" East, a distance of 125.56 feet;
422422 North 0000'56" East, a distance of 788.69 feet;
423423 North 8958'45" West, a distance of 1,280.23 feet;
424424 North 0001'20" East, a distance of 1,029.44 feet;
425425 South 8956'44" West, a distance of 537.47 feet;
426426 North 0713'40" East, a distance of 355.69 feet;
427427 North 8952'44" West, a distance of 463.09 feet;
428428 North 0007'06" East, a distance of 850.09 feet;
429429 South 8954'25" East, a distance of 821.95 feet;
430430 North 0003'52" West, a distance of 872.97 feet;
431431 North 8959'31" East, a distance of 750.35 feet;
432432 South 0014'40" East, a distance of 1,000.21 feet;
433433 North 8955'46" East, a distance of 980.28 feet;
434434 North 0012'25" West, a distance of 1,450.28 feet;
435435 South 8950'21" East, a distance of 515.07 feet;
436436 North 0004'55" East, a distance of 449.79 feet;
437437 North 8956'16" East, a distance of 694.55 feet;
438438 South 0306'32" West, a distance of 3,023.73 feet;
439439 South 8737'57" East, a distance of 1,030.28 feet;
440440 South 0304'54" West, a distance of 920.08 feet;
441441 South 8738'30" East, a distance of 86.17 feet;
442442 South 0259'45" West, a distance of 411.56 feet;
443443 Thence South 8701'15" East, passing a USA property corner,
444444 departing said USA boundary and continuing for a total distance of
445445 512.48 feet;
446446 Thence South 0134'09" West, a distance of 49.43 feet;
447447 Thence South 1045'31" East, a distance of 64.75 feet;
448448 Thence North 4617'19" East, a distance of 86.01 feet;
449449 Thence North 4342'41" West, a distance of 23.21 feet;
450450 Thence North 0131'40" East, a distance of 33.82 feet;
451451 Thence South 8701'15" East, a distance of 939.51 feet to a
452452 corner in the West right-of-way line of State Highway No. 84;
453453 Thence in Southerly direction with said West right-of-way
454454 line and a non-tangent curve to the right having a radius of
455455 5,679.58 feet (chord bears South 0150'38" East, 179.72 feet) an arc
456456 distance of 179.73 feet;
457457 Thence South 0056'14" East, a distance of 2,744.58 feet to
458458 the intersection of said West right-of-way line with the North line
459459 of a 30 foot wide strip of land;
460460 Thence with the boundary of said strip of land as follows:
461461 South 7843'18" West, a distance of 476.49 feet;
462462 North 0855'55" West, a distance of 184.27 feet;
463463 North 8759'26" West, a distance of 768.80 feet;
464464 South 0252'06" West, a distance of 30.00 feet;
465465 South 8759'26" East, a distance of 744.49 feet;
466466 South 0855'55" East, a distance of 190.77 feet;
467467 North 7843'18" East, a distance of 502.27 feet to the
468468 intersection of the South line of said strip of land with the said
469469 West right-of-way line of Highway No. 84;
470470 Thence continuing with said West right-of-way line as
471471 follows:
472472 South 0056'14" East, a distance of 429.67 feet;
473473 Southerly with a curve to the left having a radius of 2,914.79
474474 feet (chord bears South 0827'14" East, 762.59 feet), an arc
475475 distance of 764.79 feet;
476476 South 1558'14" East, a distance of 3,853.45 feet;
477477 Thence departing said West right-of-way line and continuing
478478 as follows:
479479 South 0112'38" West, a distance of 499.66 feet;
480480 North 8744'23" West, a distance of 2,445.14 feet;
481481 South 0158'12" West, a distance of 1,215.19 feet;
482482 South 0135'30" West, a distance of 1,643.46 feet;
483483 South 0146'06" West, a distance of 2,228.41 feet;
484484 North 8802'55" West, a distance of 3,103.33 feet;
485485 South 0142'59" West, a distance of 1,738.89 feet to the Point
486486 of Beginning and containing approximately 2,272.6 acres of land.
487487 SECTION 3. (a) The legal notice of the intention to
488488 introduce this Act, setting forth the general substance of this
489489 Act, has been published as provided by law, and the notice and a
490490 copy of this Act have been furnished to all persons, agencies,
491491 officials, or entities to which they are required to be furnished
492492 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
493493 Government Code.
494494 (b) The governor, one of the required recipients, has
495495 submitted the notice and Act to the Texas Commission on
496496 Environmental Quality.
497497 (c) The Texas Commission on Environmental Quality has filed
498498 its recommendations relating to this Act with the governor, the
499499 lieutenant governor, and the speaker of the house of
500500 representatives within the required time.
501501 (d) All requirements of the constitution and laws of this
502502 state and the rules and procedures of the legislature with respect
503503 to the notice, introduction, and passage of this Act are fulfilled
504504 and accomplished.
505505 SECTION 4. This Act takes effect September 1, 2009.