Texas 2011 - 82nd Regular

Texas House Bill HB2893 Compare Versions

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1	1	82R7783 RWG-D
2	2	By: Isaac H.B. No. 2893
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the Ranch at Clear Fork Creek Municipal Utility
7	7	District No. 1; providing authority to impose a tax and issue bonds;
8	8	granting a limited power of eminent domain.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8343 to read as follows:
12	12	CHAPTER 8343. RANCH AT CLEAR FORK CREEK MUNICIPAL UTILITY DISTRICT
13	13	NO. 1
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8343.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Ranch at Clear Fork Creek
21	21	Municipal Utility District No. 1.
22	22	Sec. 8343.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8343.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8343.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 8343.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the territory added by Section
33	33	8343.005 is located has consented by ordinance or resolution to the
34	34	inclusion of land in the district.
35	35	Sec. 8343.005. TERRITORY ADDED. (a) The territory
36	36	described by Section 2 of the Act enacting this chapter is added to
37	37	the district's territory as of the effective date of this section.
38	38	(b) The boundaries and field notes contained in Section 2 of
39	39	the Act enacting this chapter form a closure. A mistake made in the
40	40	field notes or in copying the field notes in the legislative process
41	41	does not affect the district's:
42	42	(1) organization, existence, or validity;
43	43	(2) right to issue any type of bond for the purposes
44	44	for which the district is created or to pay the principal of and
45	45	interest on a bond;
46	46	(3) right to impose a tax; or
47	47	(4) legality or operation.
48	48	[Sections 8343.006-8343.050 reserved for expansion]
49	49	SUBCHAPTER B. BOARD OF DIRECTORS
50	50	Sec. 8343.051. GOVERNING BODY; TERMS. (a) The district is
51	51	governed by a board of five elected directors.
52	52	(b) Except as provided by Section 8343.052, directors serve
53	53	staggered four-year terms.
54	54	Sec. 8343.052. TEMPORARY DIRECTORS. (a) The temporary
55	55	board consists of:
56	56	(1) Julie Lane;
57	57	(2) Heidi Parker;
58	58	(3) Jerry Valdez;
59	59	(4) Craig Grona; and
60	60	(5) Bruce Aupperle.
61	61	(b) Temporary directors serve until the earlier of:
62	62	(1) the date permanent directors are elected under
63	63	Section 8343.003; or
64	64	(2) the fourth anniversary of the effective date of
65	65	the Act enacting this chapter.
66	66	(c) If permanent directors have not been elected under
67	67	Section 8343.003 and the terms of the temporary directors have
68	68	expired, successor temporary directors shall be appointed or
69	69	reappointed as provided by Subsection (d) to serve terms that
70	70	expire on the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8343.003; or
73	73	(2) the fourth anniversary of the date of the
74	74	appointment or reappointment.
75	75	(d) If Subsection (c) applies, the owner or owners of a
76	76	majority of the assessed value of the real property in the district
77	77	may submit a petition to the commission requesting that the
78	78	commission appoint as successor temporary directors the five
79	79	persons named in the petition. The commission shall appoint as
80	80	successor temporary directors the five persons named in the
81	81	petition.
82	82	[Sections 8343.053-8343.100 reserved for expansion]
83	83	SUBCHAPTER C. POWERS AND DUTIES
84	84	Sec. 8343.101. MUNICIPAL UTILITY DISTRICT POWERS AND
85	85	DUTIES. The district has the powers and duties provided by the
86	86	general law of this state, including Chapters 49 and 54, Water Code,
87	87	applicable to municipal utility districts created under Section 59,
88	88	Article XVI, Texas Constitution.
89	89	Sec. 8343.102. AUTHORITY FOR ROAD PROJECTS. Under Section
90	90	52, Article III, Texas Constitution, the district may design,
91	91	acquire, construct, finance, issue bonds for, improve, operate,
92	92	maintain, and convey to this state, a county, or a municipality for
93	93	operation and maintenance macadamized, graveled, or paved roads,
94	94	including bridges, storm drainage, and other improvements or
95	95	appurtenances in aid of those roads.
96	96	Sec. 8343.103. ROAD STANDARDS AND REQUIREMENTS. (a) A road
97	97	project must meet all applicable construction standards, zoning and
98	98	subdivision requirements, and regulations of each municipality in
99	99	whose corporate limits or extraterritorial jurisdiction the road
100	100	project is located.
101	101	(b) If a road project is not located in the corporate limits
102	102	or extraterritorial jurisdiction of a municipality, the road
103	103	project must meet all applicable construction standards,
104	104	subdivision requirements, and regulations of each county in which
105	105	the road project is located.
106	106	(c) If a municipality or county will maintain and operate
107	107	the road, the municipality or county must approve the plans and
108	108	specifications of the road project.
109	109	(d) If the state will maintain and operate the road, the
110	110	Texas Transportation Commission must approve the plans and
111	111	specifications of the road project.
112	112	Sec. 8343.104. LIMITATION ON USE OF EMINENT DOMAIN. The
113	113	district may not exercise the power of eminent domain outside the
114	114	district to acquire a site or easement for:
115	115	(1) a road project authorized by Section 8343.102; or
116	116	(2) a recreational facility as defined by Section
117	117	49.462, Water Code.
118	118	[Sections 8343.105-8343.150 reserved for expansion]
119	119	SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
120	120	Sec. 8343.151. DIVISION OF DISTRICT; PREREQUISITES. The
121	121	district may be divided into two or more new districts only if the
122	122	district:
123	123	(1) has no outstanding bonded debt; and
124	124	(2) is not imposing ad valorem taxes or assessments.
125	125	Sec. 8343.152. LAW APPLICABLE TO NEW DISTRICT. This
126	126	chapter applies to any new district created by division of the
127	127	district, and a new district has all the powers and duties of the
128	128	district, including the power to divide in accordance with this
129	129	section.
130	130	Sec. 8343.153. LIMITATION ON AREA OF NEW DISTRICT. A new
131	131	district created by the division of the district may not, at the
132	132	time the new district is created, contain any land outside the
133	133	combined area of:
134	134	(1) the territory of the district at the time the
135	135	district was initially created; and
136	136	(2) the area added by Section 8343.005.
137	137	Sec. 8343.154. DIVISION PROCEDURES. (a) The board, on its
138	138	own motion or on receipt of a petition signed by the owner or owners
139	139	of a majority of the assessed value of the real property in the
140	140	district according to the most recent appraisal roll for each
141	141	county in which the district is located, may adopt an order dividing
142	142	the district.
143	143	(b) The board may adopt an order dividing the district
144	144	before or after the date the board holds an election under Section
145	145	8343.003 to confirm the district's creation.
146	146	(c) An order dividing the district:
147	147	(1) must:
148	148	(A) name each new district;
149	149	(B) include the metes and bounds description of
150	150	the territory of each new district;
151	151	(C) appoint temporary directors for each new
152	152	district; and
153	153	(D) provide for the division of assets and
154	154	liabilities between or among the new districts; and
155	155	(2) is subject to a confirmation election in each new
156	156	district.
157	157	(d) On or before the 30th day after the date of adoption of
158	158	an order dividing the district, the district shall file the order
159	159	with the commission and record the order in the real property
160	160	records of each county in which the district is located.
161	161	Sec. 8343.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
162	162	A new district created by the division of the district shall hold a
163	163	confirmation and directors' election as required by Section
164	164	8343.003.
165	165	(b) The results of that election must be filed as required
166	166	by Sections 49.102(e) and (f), Water Code.
167	167	(c) The division of the district is not effective unless the
168	168	voters of each proposed new district vote to confirm the creation of
169	169	their new district.
170	170	Sec. 8343.156. MUNICIPAL CONSENT. Municipal consent to the
171	171	creation of the district and to the inclusion of land in the
172	172	district granted under Section 8343.004 acts as municipal consent
173	173	to the creation of any new district created by the division of the
174	174	district and to the inclusion of land in the new district.
175	175	Sec. 8343.157. TAX OR BOND ELECTION. Before a new district
176	176	created by the division of the district may impose a maintenance tax
177	177	or issue bonds payable wholly or partly from ad valorem taxes, the
178	178	new district must hold an election as required by Chapters 49 and
179	179	54, Water Code, and this chapter to obtain voter approval.
180	180	[Sections 8343.158-8343.200 reserved for expansion]
181	181	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
182	182	Sec. 8343.201. TAX TO REPAY BONDS. The district may impose
183	183	a tax to pay the principal of or interest on bonds issued under
184	184	Section 8343.251.
185	185	[Sections 8343.202-8343.250 reserved for expansion]
186	186	SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
187	187	Sec. 8343.251. BONDS FOR ROAD PROJECTS. (a) The district
188	188	may not issue bonds payable from ad valorem taxes to finance a road
189	189	project unless the issuance is approved by a vote of a two-thirds
190	190	majority of the district voters voting at an election held for that
191	191	purpose.
192	192	(b) At the time of issuance, the total principal amount of
193	193	bonds or other obligations issued or incurred to finance road
194	194	projects and payable from ad valorem taxes may not exceed
195	195	one-fourth of the assessed value of the real property in the
196	196	district.
197	197	SECTION 2. The Ranch at Clear Fork Creek Municipal Utility
198	198	District No. 1 includes all the territory contained in the
199	199	following area in addition to the district's territory immediately
200	200	before the effective date of this Act:
201	201	203.47 ACRE TRACT
202	202	DESCRIBING A TRACT OF LAND CONTAINING 203.47 ACRES IN THE THOMAS
203	203	YATES SURVEY, ABSTRACT NO. 313, CALDWELL COUNTY, TEXAS, SAID TRACT
204	204	BEING ALL OF THE FOLLOWING TWO TRACT OF LAND:
205	205	1) THAT CERTAIN 151.60 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL
206	206	WARRANTY DEED TO WALTON TEXAS, LP, EXECUTED ON OCTOBER 21, 2009 AND
207	207	RECORDED IN VOLUME 584 PAGE 282 OF THE OFFICIAL PUBLIC RECORDS OF
208	208	SAID COUNTY;
209	209	2) THAT CERTAIN 51.88 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL
210	210	WARRANTY DEED TO WALTON TEXAS, LP, EXECUTED ON OCTOBER 21, 2009 AND
211	211	RECORDED IN VOLUME 584 PAGE 287 OF THE OFFICIAL PUBLIC RECORDS OF
212	212	SAID COUNTY;
213	213	SAID 203.47 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
214	214	METES AND BOUNDS AS FOLLOWS:
215	215	BEGINNING at an iron rod found at a fence corner post at the
216	216	northeast corner of said 151.60 acre tract, same being the
217	217	northwest corner of that certain 1.38 acre tract described in a deed
218	218	to Elaine Miranda as recorded in Volume 320, Page 95 of the Deed
219	219	Records of said County said iron rod found being further described
220	220	as being in the south right-of-way line of State Highway 21 (100'
221	221	R.O.W. in this point);
222	222	THENCE, with the northern most east line of said 151.60 acre tract,
223	223	same being the west line of said 1.38 acre tract and the west line of
224	224	The Estates, a subdivision recorded in Cabinet A Slide 132 of the
225	225	Plat Records of said County, the following three courses:
226	226	1) S27°16'20"E, 793.34 feet to an iron rod found in a fence;
227	227	2) S27°27'33"E, 761.39 feet to an iron rod found in a fence;
228	228	3) S27°10'02"E, 522.10 feet to an iron rod found at a fence corner
229	229	post at an interior corner of said 151.60 acre tract, same being at
230	230	the southwest corner of Lot 15 of said The Estates;
231	231	THENCE, with the southern most north line of said 151.60 acre tract,
232	232	same being the south line of said The Estates and that certain
233	233	13.022 acre tract of land described in a deed to Jack B. Turner as
234	234	recorded in Volume 404 Page 279 of the Deed Records of said County,
235	235	N62°45'40"E, 1473.53 feet to an iron rod found at a fence post at a
236	236	northeast corner of said 151.60 acre tract, same being a southeast
237	237	corner of said 13.022 acre tract;
238	238	THENCE, continuing with the north line of said 151.60 acre tract,
239	239	same being the south line of said 13.022 acre tract, N89°46'29"E,
240	240	37.13 feet to an iron rod found at a fence corner post at a northeast
241	241	corner of said 151.60 acre tract, same being the southeast corner of
242	242	said 13.022 acre tract and in the west line of that certain 405.35
243	243	acre tract described in a deed to Walton Texas, LP as recorded in
244	244	Volume 579 Page 211 of the Official Public Records of said County;
245	245	THENCE, with the southern most east line of said 151.60 acre tract,
246	246	same being the west line of said 405.39 acre tract, S29°29'14"E,
247	247	1953.62 feet to an iron rod found at a fence corner post at the
248	248	southeast corner of said 151.60 acre tract, same being the
249	249	southwest corner of said 405.239 acre tract and in the north line of
250	250	that certain tract of land described in a deed to Jerry Lee
251	251	Burklund, Trustee as recorded in Volume 557 Page 300 of the Official
252	252	Public Records of said County;
253	253	THENCE, with the south line of said 151.60 acre tract, same being a
254	254	north line of said Burkland tract, the following two courses:
255	255	1) S47°35'03"W, 1245.94 feet to a calculated point in a fence line;
256	256	2) S47°39'58"W, 517.90 feet to a nail found at a fence corner post
257	257	at the southwest corner of said 151.60 acre tract, same being at an
258	258	interior corner of said Burkland tract;
259	259	THENCE, with the west line of said 151.60 acre tract, same being
260	260	with an east line of said Burkland tract, N42°52'35"W, 744.04 feet
261	261	to an iron rod found at a fence corner post at a northeast corner of
262	262	said Burkland tract, same being at the southeast corner of said
263	263	51.88 acre tract;
264	264	THENCE, with the south line of said 51.88 acre tract, same being the
265	265	north line of said Burkland tract, S47°44'16"W, 565.19 feet to an
266	266	iron rod found in 8-inch concrete square at the southwest corner of
267	267	said 51.88 acre tract, same being at the southeast corner of that
268	268	certain 99.726 acre tract of land described in a deed to Leonard C.
269	269	Anton as recorded in Volume 113 Page 487 of the Official Public
270	270	Records of said County;
271	271	THENCE, with the west line of said 51.88 acre tract, same being the
272	272	east line of said Anton tract, the following three courses:
273	273	1) N42°47'25"W, 2554.59 feet to an iron rod found in 8-inch
274	274	concrete square;
275	275	2) S48°02'08"W, 56.78 feet to an iron rod found in 8-inch concrete
276	276	square;
277	277	3) N42°44'07"W, 379.72 feet to an iron rod found in 8-inch concrete
278	278	square at the northeast corner of said Anton tract, same being at
279	279	the southeast corner of that certain 12 acre tract of land described
280	280	in a Disclaimer of Interest to Atanacio Garcia, recorded in Volume
281	281	293 Page 233 and Volume 293 Page 235 of the Official Public Records
282	282	of said County;
283	283	THENCE, continuing with the west line of said 51.88 acre tract, same
284	284	being the south and east line of said Garcia tract, the following
285	285	two courses;
286	286	1) N46°35'32"E, 57.04 feet to an iron rod found in 8-inch concrete
287	287	square;
288	288	2) N42°53'53"W, 1055.86 feet to an iron rod with cap found at the
289	289	northwest corner of said 51.88 acre tract, same being at the
290	290	northeast corner of said Garcia tract and being in the south
291	291	right-of-way line of said State Highway 21;
292	292	THENCE, with the north line of said 51.88 acre tract, same being
293	293	with the south right-of-way line of said State Highway No. 21, the
294	294	following two courses:
295	295	1) Along a curve to the right having a radius of 5679.58 feet, an
296	296	arc length of 289.46 feet, a central angle of 2°55'12" and a chord
297	297	which bears N58°47'27"E, 289.43 feet to a nail in a concrete
298	298	monument found;
299	299	2) N60°18'14"E, a distance of 297.83 feet to an iron rod found at
300	300	the northeast corner of said 51.88 acre tract in the south
301	301	right-of-way line of State Highway 21 (100' R.O.W. at this point),
302	302	same being at the northwest corner of that certain tract of land
303	303	described in a deed to Jim Mattox, Trustee, recorded in Volume 197
304	304	Page 926 of the Official Public Records of said County, same being
305	305	at the northwest corner of a 2.00 acre tract of land;
306	306	THENCE, with the east line of said 51.88 acre tract, same being the
307	307	west line of said Mattox tract, the following two courses:
308	308	1) S44°17'00"E, 103.17 feet to an iron rod with cap found;
309	309	2) S41°57'16"E, 228.76 feet to an iron rod found at the southwest
310	310	corner of said 2.00 acre tract, same being at a northwest corner of
311	311	that certain 151.614 acre tract of land described in a deed to
312	312	Caldwell 151, L.P. as recorded in Volume 500 Page 358 of the
313	313	Official Public Records of said County;
314	314	THENCE, with a north and west line of said 151.60 acre tract, same
315	315	being the south and east line of said 2.0 acre tract, the following
316	316	two courses:
317	317	1) N53°49'23"E, 260.76 feet to an iron rod found;
318	318	2) N36°12'33"W, 296.20 feet to an iron found in the north line of
319	319	said 151.60 acre tract, at the northeast corner of said 2.0 acre
320	320	tract, same being in the south right-of-way line of said State
321	321	Highway 21;
322	322	THENCE, with the north line of said 151.60 acre tract, same being
323	323	the south right-of-way line of said State Highway 21, N60°15'42"E,
324	324	1049.38 feet to the POINT OF BEGINNING and containing 203.47 acres
325	325	of land.
326	326	50.11 ACRE TRACT
327	327	DESCRIBING 50.11 ACRES OF LAND BEING A PORTION OF THE THOMAS YATES
328	328	SURVEY, ABSTRACT 313, CALDWELL COUNTY, TEXAS, SAME ALSO BEING ALL
329	329	OF THAT CERTAIN 49.97 ACRE TRACT OF LAND DESCRIBED IN A GENERAL
330	330	WARRANTY DEED TO ROBERT A. SCHMIDT EXECUTED ON FEBRUARY 28, 2008 AND
331	331	RECORDED IN VOLUME 523 PAGE 505 OF THE OFFICIAL PUBLIC RECORDS OF
332	332	CALDWELL COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY
333	333	METES AND BOUNDS AS FOLLOWS:
334	334	BEGINNING at an iron rod found under a 17" hackberry tree at the
335	335	south corner of this tract, same being at the east corner of that
336	336	certain 80.46 tract of land described in deed to William Walter Holz
337	337	as recorded in Volume 378 Page 47 of the Deed Records of said
338	338	County, same being in the northwest line of County Road 228 (Farmers
339	339	Road, R.O.W. varies) from which an iron rod found at the south
340	340	corner of said 80.46 acre tract bears S47°40'53"W, 940.48 feet;
341	341	THENCE, with the southwest line of this tract, same being the
342	342	northeast line of said William Walter Holz tract, N42°35'21"W,
343	343	3736.46 feet to an iron rod found at the west corner of this tract,
344	344	same being at the north corner of said 80.46 acre tract and in the
345	345	southeast line of that certain 405.35 acre tract of land described
346	346	in a deed to Walton Texas, LP as recorded in Volume 579 Page 211 of
347	347	the Official Public Records of said County;
348	348	THENCE, with the northwest line of this tract, same being the
349	349	southeast line of said Walton Texas, LP tract, N47°30'41"E, 701.29
350	350	feet to an iron rod found at the north corner of this tract, same
351	351	being the west corner of that certain 60.350 acre tract described in
352	352	a deed to Roland R. Holz as recorded in Volume 88 Page 318 of the
353	353	Official Public Records of said County;
354	354	THENCE, with the northern most northeast line of this tract, same
355	355	being a southwest line of said Roland R. Holz tract, S42°34'31"E,
356	356	2492.20 feet to an iron rod found at the northern most east corner
357	357	of this tract, said iron rod found also being in a northeast line of
358	358	that certain 60.350 acre tract of land described in a deed to
359	359	Florence M. Holz Vickery as recorded in Volume 88 Page 318 of the
360	360	Official Public Records of said County;
361	361	THENCE, with the northern most southeast line of this tract, same
362	362	being through the interior of said Florence M. Holz Vickery tract,
363	363	S47°41'08"W, 350.22 feet to an iron rod found at an interior corner
364	364	of this tract.
365	365	THENCE, with the southern most northeast line of this tract, same
366	366	being through the interior of said Florence M. Holz Vickery tract,
367	367	S42°33'15"E, 1246.36 feet to an iron rod found at the southern most
368	368	east corner of this tract, same being in the southeast line of said
369	369	Florence M. Holz Vickery tract and in the northwest line of said
370	370	County Road 228 from which an iron rod found at the east corner of
371	371	said Florence M. Holz Vickery tract bears N47°40'12"E, 466.33 feet;
372	372	THENCE, with the southern most southeast line of this tract, same
373	373	being the northwest line of said County Road 228, S47°40'53"W,
374	374	349.71 feet to the POINT OF BEGINNING and containing 50.11 acres of
375	375	land.
376	376	192.42 ACRE TRACT
377	377	DESCRIBING 192.42 ACRES OF LAND BEING A PORTION OF THE ELBERT HINES
378	378	SURVEY A-123, CALDWELL COUNTY, TEXAS, SAME BEING A PORTION OF THAT
379	379	312.48 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO WALTON
380	380	TEXAS, LP EXECUTED ON MAY 5, 2009 AND RECORDED IN VOLUME 568 PAGE
381	381	119 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 192.42 ACRES
382	382	OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
383	383	FOLLOWS:
384	384	BEGINNING for reference at an axle found at the east corner of said
385	385	312.48 acre tract, same being the north corner of that 152.071 acre
386	386	tract described in a deed to Bryant L Hohertz and wife, Veleria G.
387	387	Hohertz as recorded in Volume 459 Page 639 of the Deed Records of
388	388	said County and in the southwest line of the Old Kyle Lockhart Road
389	389	(R.O.W. varies), from which an iron rod found at the east corner of
390	390	said 152.071 acre tract, same being a north corner of that 464.83
391	391	acre tract described in a deed to Walton Texas, LP as recorded in
392	392	Volume 598 Page 166 of the Deed Records of said County bears
393	393	S41°18'41"E, 19.83 feet;
394	394	THENCE, with the southeast line of said 312.48 acre tract,
395	395	S47°54'11"W, 1897.48 feet to the POINT OF BEGINNING of the herein
396	396	described tract of land;
397	397	THENCE, with the southeast line of said 312.48 acre tract, the
398	398	following three courses:
399	399	1) S47°54'11"W, 1195.65 feet to an axle found;
400	400	2) S47°53'46"W, 1921.31 feet to an iron rod with cap (stamped
401	401	"Hinkle") found at the west corner of said 152.071 acre tract;
402	402	3) S47°41'17"W, 676.80 feet to a point in the northwest line of
403	403	that 151.08 acre tract described in a deed to Terrell T. McGee and
404	404	wife, Opal H. McGee as recorded in Volume 469 Page 671 of the Deed
405	405	Records of said County;
406	406	THENCE, through the interior of said 312.48 acre tract and with the
407	407	City of San Marcos, Texas 3.5 mile ETJ (extraterritorial
408	408	jurisdiction), along a curve to the left having a radius of
409	409	18,480.00 feet, an arc length of 2442.86 feet, a central angle of
410	410	7°34'26" and a chord which bears N30°17'll"W, 2441.04 feet to a point
411	411	in the southeast line of County Road #228 (a.k.a. Farmers Road) from
412	412	which an iron rod found at the west corner of said 312.48 acre tract
413	413	bears S47°41'37"W, 816.99 feet;
414	414	THENCE, with the southeast line of said County Road #228,
415	415	N47°41'37"E, 3203.99 feet to an iron rod with cap (stamped "Hinkle")
416	416	found at the western most north corner said 312.48 acre tract, same
417	417	being the west corner of a 17.69 acre tract being the remaining
418	418	portion of that certain 331.6 acre tract of land described in a deed
419	419	recorded in Volume 192 Page 649 of the Official Public Records of
420	420	said County from which an iron rod with cap (stamped "Hinkle") found
421	421	at the north corner of said 17.69 acre tract bears N47°41'30"E,
422	422	2040.84 feet;
423	423	THENCE, with the common lines of said 312.48 acre tract and said
424	424	17.69 acre tract, the following two courses:
425	425	1) S42°05'39"E, 380.12 feet to an iron rod with cap (stamped
426	426	"Hinkle") found at the south corner of said 17.69 acre tract;
427	427	2) N47°53'56"E, 93.58 feet to a point from which an iron rod found
428	428	at the east corner of said 17.69 acre tract, same being in the
429	429	southwest right-of-way line of F.M. 2720 (80' R.O.W.) bears
430	430	N47°53'56"E, 1890.25 feet;
431	431	THENCE, through the interior of said 312.48 acre tract, S42°00'00"E,
432	432	2018.19 feet the POINT OF BEGINNING and containing 192.42 acres of
433	433	land.
434	434	504.46 ACRE TRACT
435	435	DESCRIBING 504.46 ACRES OF LAND BEING A PORTION OF THE ELBERT HINES
436	436	SURVEY, ABSTRACT 123, CALDWELL COUNTY, TEXAS, SAME BEING A PORTION
437	437	OF THAT CERTAIN 682.21 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL
438	438	WARRANTY DEED TO WALTON TEXAS, LP EXECUTED ON JANUARY 15, 2010 AND
439	439	RECORDED IN VOLUME 591 PAGE 449 OF THE OFFICIAL PUBLIC RECORDS OF
440	440	CALDWELL COUNTY, TEXAS, SAID 504.46 ACRES OF LAND BEING MORE
441	441	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
442	442	BEGINNING at a point in a southeast line of said 682.21 acre tract
443	443	from which an iron rod found at the southern most east corner of
444	444	said 682.21 acre tract, same being the south corner of that 464.83
445	445	acre tract of land described in a deed to Walton Texas, LP as
446	446	recorded in Volume 598 Page 166 of the Official Public Records of
447	447	said County, same also being in the northwest line of that tract of
448	448	land described in a deed to Bryant L. Hohertz, et ux as recorded in
449	449	Volume 397 Page 369 of the Official Public Records of said County
450	450	bears N47°58'32"E, 542.23 feet;
451	451	THENCE, with the southeast line of said 682.21 acre tract, same
452	452	being the northwest line of said Bryant L. Hohertz tract,
453	453	S47°58'32"W, 566.01 feet to an iron rod with aluminum cap (stamped
454	454	McMillan) found at the south corner of said 0.06 of an acre tract,
455	455	same being at the west corner of said Hohertz tract, same being in a
456	456	northeast line of County Road 229;
457	457	THENCE, with the southwest line of said 682.21 acre tract, same
458	458	being a northeast line of said County Road 229, N40°53'25"W, 49.97
459	459	feet to an iron rod with aluminum cap (stamped McMillan) found at
460	460	the west corner of said 682.21 acre tract, same being at the north
461	461	corner of said County Road 229;
462	462	THENCE, with the southeast line of said 682.21 acre tract, same
463	463	being the northwest line of said County Road 229, the following five
464	464	courses:
465	465	1) S48°51'40"W, 690.95 feet to a fence post;
466	466	2) S41°44'13"W, 568.69 feet to a fence post;
467	467	3) S45°26'54"W, 317.44 feet to a fence post;
468	468	4) S46°24'07"W, 411.51 feet to a fence post;
469	469	5) S47°39'48"W, 610.37 feet to a fence post at the south corner of
470	470	said 682.21 acre tract, same being the east corner of that 296.5
471	471	acre tract described in a deed to Dan M. Connolly as recorded in
472	472	Volume 346 Page 920 of the Official Public Records of said County;
473	473	THENCE, with the southwest line of said 682.21 acre tract, same
474	474	being the northeast line of said 296.5 acre tract and the northeast
475	475	line of that 100.339 acre tract described in a deed to Nellie Hampe
476	476	Partnership I, Ltd. as recorded in Volume 140 Page 342 of the
477	477	Official Public Records of said County, N41°42'59"W, 5724.07 feet to
478	478	a fence corner post at the south corner of that 152.071 acre tract
479	479	described in a deed to Bryant L. Hohertz and wife, Veleria G.
480	480	Hohertz as recorded in Volume 459 Page 639 of the Official Public
481	481	Records of said County;
482	482	THENCE, with the southern most northwest line of said 682.21 acre
483	483	tract, same being the southeast line of said 152.071 acre tract,
484	484	N48°01'02"E, 1920.06 feet to an iron rod with aluminum cap found at
485	485	an interior corner of said 682.21 acre tract, same being the east
486	486	corner of said 152.071 acre tract;
487	487	THENCE, with the northeast line of said 152.071 acre tract,
488	488	N41°44'15"W, 3397.52 feet to an iron rod with cap (stamped Hinkle)
489	489	found at an interior corner of said 152.071 acre tract, from which a
490	490	car axle found in the northwest line of said 152.071 acre tract,
491	491	same being the southeast line of that 331.6 acre tract described in
492	492	a deed to Dorothy Doehne as recorded in Volume 192 Page 649 of the
493	493	Official Public Records of said County bears N40°41'06"W, 20.09
494	494	feet;
495	495	THENCE, with the northern most southeast line of said 152.071 acre
496	496	tract, N47°53'54"E, 1196.11 feet to a point;
497	497	THENCE, through the interior of said 682.21 acre tract, S42°00'00"E,
498	498	9091.90 feet to the POINT OF BEGINNING and containing 504.46 acres
499	499	of land
500	500	185.83 ACRE TRACT
501	501	Tract 1:
502	502	BEING 48.95 ACRES OF LAND SITUATED IN THE ELBERT HINES LEAGUE,
503	503	A-123, CALDWELL COUNTY, TEXAS, AND BEING A PART OF A TRACT REFERRED
504	504	TO AS 339.5 ACRES IN A PARTITION DEED TO FLORENCE HOME, VOLUME 249
505	505	AT PAGE 39, DEED RECORDS OF CALDWELL COUNTY, TEXAS. SAID 48.95 ACRE
506	506	TRACT AS OCCUPIED UPON THE GROUND IS DESCRIBED BY METES AND BOUNDS
507	507	AS FOLLOWS:
508	508	BEGINNING at a corner post being the occupied Southwest corner of
509	509	said 339.5 acre tract, the occupied Southeast corner of a tract
510	510	referred to as the E. Schroeder tract, in the Southeast line of said
511	511	Hines League, the Northwest line of a gravel road, from which said
512	512	post a rock monument found bears North 26° West 2.3 feet, for the
513	513	Southwest corner of the tract;
514	514	THENCE, with a fence along said Schroeder tract as follows:
515	515	North 39°49' West 873.2 feet to a fence post;
516	516	North 42°40' West 340.3 feet to a fence post;
517	517	North 40°29' West 1206.3 feet to a fence corner post in the Southeast
518	518	line of a gravel road being the occupied Northeast corner of said
519	519	Schroeder tract and the Northeast corner of this tract;
520	520	THENCE, North 49°43' East 826.3 feet with a fence along the
521	521	Southeast line of said road to a fence post, the intersection of the
522	522	Southwest line of a gravel road, from which post an iron pin found
523	523	marking the West corner of the Bryant L. Hohertz et ux tract called
524	524	168.53 acres out of said 339.5 acres, bears North 48° 53' East 80.0
525	525	feet, for the Northeast corner of this tract;
526	526	THENCE, with the Southwest fence line of said road as follows:
527	527	South 63°05' East 93.0 feet to a fence post;
528	528	South 41°48' East 2323.5 feet to a fence corner post at the
529	529	intersection of first said
530	530	Gravel road from which post the South corner of said 168.53 acre
531	531	tract bears North 43°
532	532	33' East 14.3 feet for the Southeast corner of this tract;
533	533	THENCE South 49°01' West 912.6 feet with the Northwest fence line of
534	534	said gravel road to the Place of Beginning, containing 48.95 acres
535	535	of land. As surveyed by Ben H. Chamness, RPS #2225, February, 1980.
536	536	And being the same property described in Warranty Deed from
537	537	Florence B. Home to William M. Schroeder, Jr. et al, dated March 6,
538	538	1980, recorded in Volume 412, Page 61, Deed Records of Caldwell
539	539	County, Texas.
540	540	TOGETHER WITH THE FOLLOWING DESCRIBED TRACT:
541	541	Tract 2:
542	542	ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN CALDWELL
543	543	COUNTY, TEXAS, A PART OF THE ELBERT HINES LEAGUE AND DESCRIBED AS:
544	544	Beginning at the most North corner of 330 acres, more or less,
545	545	bought by G. A. Blasienz from H. W. Griffith, et al;
546	546	THENCE South 40 East 1194.44 feet to a stake for the North corner of
547	547	a 136.88 acre tract conveyed by the said G. A. Blasienz and wife, to
548	548	W.S. Schroeder;
549	549	THENCE South 50 West 4991.67 feet to a stake set for the most West
550	550	corner of said Schroeder tract on the Northeast line of 50 acres of
551	551	land conveyed by said G. A. Blasienz and wife, to C. Schulle;
552	552	THENCE, North 40 West with said line 1194.44 feet to the North
553	553	corner of said 50 acre tract a stake on the lower line of the public
554	554	road;
555	555	THENCE North 50 East 4991.67 feet to the Place of Beginning,
556	556	containing 136.88 acres of land, Being the same land as described in
557	557	a deed from R.W. Bartling, et al, to William H. Schroeder, dated
558	558	February 18, 1916 recorded in Volume 214, Page 477, Deed Records of
559	559	Caldwell County, Texas
560	560	SECTION 3. (a) The legal notice of the intention to
561	561	introduce this Act, setting forth the general substance of this
562	562	Act, has been published as provided by law, and the notice and a
563	563	copy of this Act have been furnished to all persons, agencies,
564	564	officials, or entities to which they are required to be furnished
565	565	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
566	566	Government Code.
567	567	(b) The governor, one of the required recipients, has
568	568	submitted the notice and Act to the Texas Commission on
569	569	Environmental Quality.
570	570	(c) The Texas Commission on Environmental Quality has filed
571	571	its recommendations relating to this Act with the governor, the
572	572	lieutenant governor, and the speaker of the house of
573	573	representatives within the required time.
574	574	(d) All requirements of the constitution and laws of this
575	575	state and the rules and procedures of the legislature with respect
576	576	to the notice, introduction, and passage of this Act are fulfilled
577	577	and accomplished.
578	578	SECTION 4. (a) Section 8343.104, Special District Local
579	579	Laws Code, as added by Section 1 of this Act, takes effect only if
580	580	this Act receives a two-thirds vote of all the members elected to
581	581	each house.
582	582	(b) If this Act does not receive a two-thirds vote of all the
583	583	members elected to each house, Subchapter C, Chapter 8343, Special
584	584	District Local Laws Code, as added by Section 1 of this Act, is
585	585	amended by adding Section 8343.104 to read as follows:
586	586	Sec. 8343.104. NO EMINENT DOMAIN POWER. The district may
587	587	not exercise the power of eminent domain.
588	588	(c) This section is not intended to be an expression of a
589	589	legislative interpretation of the requirements of Section 17(c),
590	590	Article I, Texas Constitution.
591	591	SECTION 5. Except as provided by Section 4 of this Act:
592	592	(1) this Act takes effect immediately if it receives a
593	593	vote of two-thirds of all the members elected to each house, as
594	594	provided by Section 39, Article III, Texas Constitution; and
595	595	(2) if this Act does not receive the vote necessary for
596	596	immediate effect, this Act takes effect September 1, 2011.