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Texas House Bill HB3803

Texas 2011 - 82nd Regular

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11 By: Phillips (Senate Sponsor - Estes) H.B. No. 3803
22 (In the Senate - Received from the House April 27, 2011;
33 May 3, 2011, read first time and referred to Committee on
44 Intergovernmental Relations; May 19, 2011, reported favorably by
55 the following vote: Yeas 5, Nays 0; May 19, 2011, sent to printer.)
66
77
88 A BILL TO BE ENTITLED
99 AN ACT
1010 relating to the creation of the Cottonwood Municipal Utility
1111 District No. 2 of Grayson County; providing authority to impose a
1212 tax and issue bonds; granting a limited power of eminent domain.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1515 Code, is amended by adding Chapter 8309 to read as follows:
1616 CHAPTER 8309. COTTONWOOD MUNICIPAL UTILITY DISTRICT NO. 2 OF
1717 GRAYSON COUNTY
1818 SUBCHAPTER A. GENERAL PROVISIONS
1919 Sec. 8309.001. DEFINITIONS. In this chapter:
2020 (1) "Board" means the district's board of directors.
2121 (2) "Commission" means the Texas Commission on
2222 Environmental Quality.
2323 (3) "Director" means a board member.
2424 (4) "District" means the Cottonwood Municipal Utility
2525 District No. 2 of Grayson County.
2626 Sec. 8309.002. NATURE OF DISTRICT. The district is a
2727 municipal utility district created under Section 59, Article XVI,
2828 Texas Constitution.
2929 Sec. 8309.003. CONFIRMATION AND DIRECTORS' ELECTION
3030 REQUIRED. The temporary directors shall hold an election to
3131 confirm the creation of the district and to elect five permanent
3232 directors as provided by Section 49.102, Water Code.
3333 Sec. 8309.004. CONSENT OF MUNICIPALITY REQUIRED. The
3434 temporary directors may not hold an election under Section 8309.003
3535 until each municipality in whose corporate limits or
3636 extraterritorial jurisdiction the district is located has
3737 consented by ordinance or resolution to the creation of the
3838 district and to the inclusion of land in the district.
3939 Sec. 8309.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
4040 The district is created to serve a public purpose and benefit.
4141 (b) The district is created to accomplish the purposes of:
4242 (1) a municipal utility district as provided by
4343 general law and Section 59, Article XVI, Texas Constitution; and
4444 (2) Section 52, Article III, Texas Constitution, that
4545 relate to the construction, acquisition, improvement, operation,
4646 or maintenance of macadamized, graveled, or paved roads, or
4747 improvements, including storm drainage, in aid of those roads.
4848 Sec. 8309.006. INITIAL DISTRICT TERRITORY. (a) The
4949 district is initially composed of the territory described by
5050 Section 2 of the Act enacting this chapter.
5151 (b) The boundaries and field notes contained in Section 2 of
5252 the Act enacting this chapter form a closure. A mistake made in the
5353 field notes or in copying the field notes in the legislative process
5454 does not affect the district's:
5555 (1) organization, existence, or validity;
5656 (2) right to issue any type of bond for the purposes
5757 for which the district is created or to pay the principal of and
5858 interest on a bond;
5959 (3) right to impose a tax; or
6060 (4) legality or operation.
6161 Sec. 8309.007. ELIGIBILITY FOR INCLUSION IN TAX INCREMENT
6262 REINVESTMENT ZONE. (a) The district is eligible to be included in
6363 a tax increment reinvestment zone created under Chapter 311, Tax
6464 Code.
6565 (b) If the City of Dorchester creates a tax increment
6666 reinvestment zone described by Subsection (a) that includes all or
6767 part of the territory of the district, the City of Dorchester and
6868 the board of directors of the zone, by contract with the district,
6969 may grant money to the district from the tax increment fund to be
7070 used for a permissible purpose of the district, including the right
7171 to pledge the money as security for a bond or other obligation
7272 issued by the district and for any permissible purpose of a
7373 corporation under Section 380.002(b), Local Government Code.
7474 [Sections 8309.008-8309.050 reserved for expansion]
7575 SUBCHAPTER B. BOARD OF DIRECTORS
7676 Sec. 8309.051. GOVERNING BODY; TERMS. (a) The district is
7777 governed by a board of five elected directors.
7878 (b) Except as provided by Section 8309.052, directors serve
7979 staggered four-year terms.
8080 Sec. 8309.052. TEMPORARY DIRECTORS. (a) On or after
8181 September 1, 2011, the owner or owners of a majority of the assessed
8282 value of the real property in the district may submit a petition to
8383 the commission requesting that the commission appoint as temporary
8484 directors the five persons named in the petition. The commission
8585 shall appoint as temporary directors the five persons named in the
8686 petition.
8787 (b) Temporary directors serve until the earlier of:
8888 (1) the date permanent directors are elected under
8989 Section 8309.003; or
9090 (2) September 1, 2015.
9191 (c) If permanent directors have not been elected under
9292 Section 8309.003 and the terms of the temporary directors have
9393 expired, successor temporary directors shall be appointed or
9494 reappointed as provided by Subsection (d) to serve terms that
9595 expire on the earlier of:
9696 (1) the date permanent directors are elected under
9797 Section 8309.003; or
9898 (2) the fourth anniversary of the date of the
9999 appointment or reappointment.
100100 (d) If Subsection (c) applies, the owner or owners of a
101101 majority of the assessed value of the real property in the district
102102 may submit a petition to the commission requesting that the
103103 commission appoint as successor temporary directors the five
104104 persons named in the petition. The commission shall appoint as
105105 successor temporary directors the five persons named in the
106106 petition.
107107 [Sections 8309.053-8309.100 reserved for expansion]
108108 SUBCHAPTER C. POWERS AND DUTIES
109109 Sec. 8309.101. GENERAL POWERS AND DUTIES. The district has
110110 the powers and duties necessary to accomplish the purposes for
111111 which the district is created.
112112 Sec. 8309.102. MUNICIPAL UTILITY DISTRICT POWERS AND
113113 DUTIES. The district has the powers and duties provided by the
114114 general law of this state, including Chapters 49 and 54, Water Code,
115115 applicable to municipal utility districts created under Section 59,
116116 Article XVI, Texas Constitution.
117117 Sec. 8309.103. AUTHORITY FOR ROAD PROJECTS. Under Section
118118 52, Article III, Texas Constitution, the district may design,
119119 acquire, construct, finance, issue bonds for, improve, operate,
120120 maintain, and convey to this state, a county, or a municipality for
121121 operation and maintenance macadamized, graveled, or paved roads, or
122122 improvements, including storm drainage, in aid of those roads.
123123 Sec. 8309.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
124124 project must meet all applicable construction standards, zoning and
125125 subdivision requirements, and regulations of each municipality in
126126 whose corporate limits or extraterritorial jurisdiction the road
127127 project is located.
128128 (b) If a road project is not located in the corporate limits
129129 or extraterritorial jurisdiction of a municipality, the road
130130 project must meet all applicable construction standards,
131131 subdivision requirements, and regulations of each county in which
132132 the road project is located.
133133 (c) If the state will maintain and operate the road, the
134134 Texas Transportation Commission must approve the plans and
135135 specifications of the road project.
136136 Sec. 8309.105. COSTS OF ROAD PROJECT. The district shall
137137 bear the cost of maintaining, improving, operating, and repairing a
138138 road located in the district and authorized by Section 8309.103 in
139139 accordance with all applicable ordinances and rules of the
140140 political subdivision authorized to exercise jurisdiction over the
141141 road, regardless of whether the district conveys the road to this
142142 state, a county, or a municipality.
143143 Sec. 8309.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
144144 OR RESOLUTION. (a) The district shall comply with all applicable
145145 requirements of any ordinance or resolution that is adopted under
146146 Section 54.016 or 54.0165, Water Code, and that consents to the
147147 creation of the district or to the inclusion of land in the
148148 district.
149149 (b) In addition to all the rights and remedies provided by
150150 other law, if the district violates the terms of an ordinance or
151151 resolution described by Subsection (a), the municipality is
152152 entitled to injunctive relief or a writ of mandamus issued by a
153153 court requiring the district and the district's officials to
154154 observe and comply with the terms of the ordinance or resolution.
155155 Sec. 8309.107. MUNICIPAL CONSENT. Municipal consent to the
156156 creation of the district and to the inclusion of land in the
157157 district granted under Section 8309.004 acts as municipal consent
158158 to the creation of any new district created by the division of the
159159 district and to the inclusion of land in the new district.
160160 Sec. 8309.108. EFFECT OF ANNEXATION BY CITY OF DORCHESTER.
161161 Notwithstanding Section 54.016(f)(2), Water Code, an allocation
162162 agreement between the City of Dorchester and the district that
163163 provides for the allocation of the taxes or revenues of the district
164164 and the city following the date of inclusion of all the district's
165165 territory in the corporate limits of the city may provide that the
166166 total annual ad valorem taxes collected by the city and the district
167167 from taxable property in the district may exceed the city's ad
168168 valorem tax on that property.
169169 Sec. 8309.109. LIMITATION ON USE OF EMINENT DOMAIN. The
170170 district may not exercise the power of eminent domain outside the
171171 district to acquire a site or easement for:
172172 (1) a road project authorized by Section 8309.103; or
173173 (2) a recreational facility as defined by Section
174174 49.462, Water Code.
175175 [Sections 8309.110-8309.150 reserved for expansion]
176176 SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
177177 Sec. 8309.151. DIVISION OF DISTRICT; PREREQUISITES. The
178178 district may be divided into two or more new districts only if the
179179 district:
180180 (1) has never issued any bonds; and
181181 (2) is not imposing ad valorem taxes.
182182 Sec. 8309.152. LAW APPLICABLE TO NEW DISTRICT. This
183183 chapter applies to any new district created by division of the
184184 district, and a new district has all the powers and duties of the
185185 district.
186186 Sec. 8309.153. LIMITATION ON AREA OF NEW DISTRICT. A new
187187 district created by the division of the district may not, at the
188188 time the new district is created, contain any land outside the area
189189 described by Section 2 of the Act enacting this chapter.
190190 Sec. 8309.154. DIVISION PROCEDURES. (a) The board, on its
191191 own motion or on receipt of a petition signed by the owner or owners
192192 of a majority of the assessed value of the real property in the
193193 district, may adopt an order dividing the district.
194194 (b) The board may adopt an order dividing the district
195195 before or after the date the board holds an election under Section
196196 8309.003 to confirm the district's creation.
197197 (c) An order dividing the district must:
198198 (1) name each new district;
199199 (2) include the metes and bounds description of the
200200 territory of each new district;
201201 (3) appoint temporary directors for each new district;
202202 and
203203 (4) provide for the division of assets and liabilities
204204 between the new districts.
205205 (d) On or before the 30th day after the date of adoption of
206206 an order dividing the district, the district shall file the order
207207 with the commission and record the order in the real property
208208 records of each county in which the district is located.
209209 Sec. 8309.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
210210 A new district created by the division of the district shall hold a
211211 confirmation and directors' election as required by Section
212212 8309.003.
213213 (b) If the creation of the new district is confirmed, the
214214 new district shall provide the election date and results to the
215215 commission.
216216 Sec. 8309.156. TAX OR BOND ELECTION. Before a new district
217217 created by the division of the district may impose a maintenance tax
218218 or issue bonds payable wholly or partly from ad valorem taxes, the
219219 new district must hold an election as required by this chapter to
220220 obtain voter approval.
221221 [Sections 8309.157-8309.200 reserved for expansion]
222222 SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
223223 Sec. 8309.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The
224224 district may issue, without an election, bonds and other
225225 obligations secured by:
226226 (1) revenue other than ad valorem taxes; or
227227 (2) contract payments described by Section 8309.203.
228228 (b) The district must hold an election in the manner
229229 provided by Chapters 49 and 54, Water Code, to obtain voter approval
230230 before the district may impose an ad valorem tax or issue bonds
231231 payable from ad valorem taxes.
232232 (c) The district may not issue bonds payable from ad valorem
233233 taxes to finance a road project unless the issuance is approved by a
234234 vote of a two-thirds majority of the district voters voting at an
235235 election held for that purpose.
236236 Sec. 8309.202. OPERATION AND MAINTENANCE TAX. (a) If
237237 authorized at an election held under Section 8309.201, the district
238238 may impose an operation and maintenance tax on taxable property in
239239 the district in accordance with Section 49.107, Water Code.
240240 (b) The board shall determine the tax rate. The rate may not
241241 exceed the rate approved at the election.
242242 Sec. 8309.203. CONTRACT TAXES. (a) In accordance with
243243 Section 49.108, Water Code, the district may impose a tax other than
244244 an operation and maintenance tax and use the revenue derived from
245245 the tax to make payments under a contract after the provisions of
246246 the contract have been approved by a majority of the district voters
247247 voting at an election held for that purpose.
248248 (b) A contract approved by the district voters may contain a
249249 provision stating that the contract may be modified or amended by
250250 the board without further voter approval.
251251 [Sections 8309.204-8309.250 reserved for expansion]
252252 SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
253253 Sec. 8309.251. AUTHORITY TO ISSUE BONDS AND OTHER
254254 OBLIGATIONS. The district may issue bonds or other obligations
255255 payable wholly or partly from ad valorem taxes, impact fees,
256256 revenue, contract payments, grants, or other district money, or any
257257 combination of those sources, to pay for any authorized district
258258 purpose.
259259 Sec. 8309.252. TAXES FOR BONDS. At the time the district
260260 issues bonds payable wholly or partly from ad valorem taxes, the
261261 board shall provide for the annual imposition of a continuing
262262 direct ad valorem tax, without limit as to rate or amount, while all
263263 or part of the bonds are outstanding as required and in the manner
264264 provided by Sections 54.601 and 54.602, Water Code.
265265 Sec. 8309.253. BONDS FOR ROAD PROJECTS. At the time of
266266 issuance, the total principal amount of bonds or other obligations
267267 issued or incurred to finance road projects and payable from ad
268268 valorem taxes may not exceed one-fourth of the assessed value of the
269269 real property in the district.
270270 SECTION 2. The Cottonwood Municipal Utility District No. 2
271271 of Grayson County initially includes all the territory contained in
272272 the following area:
273273 829.133 ACRES
274274 BEING A 833.173 ACRE TRACT OF LAND SITUATED IN THE JAMES McKINNEY
275275 SURVEY, ABSTRACT NUMBER 777, THE JOHN M. HILLIS SURVEY, ABSTRACT
276276 NO. 534 AND THE JOHN BROOKE SURVEY, ABSTRACT NUMBER 109, GRAYSON
277277 COUNTY, TEXAS, AND BEING PART OF TRACT 1, TRACT 2 AND ALL OF TRACT 3,
278278 CONVEYED TO WALTON TEXAS, L.P., AS RECORD IN VOLUME 4338. PAGE 149
279279 DEED RECORDS, GRAYSON COUNTY, TEXAS, ALL OF A 99.012 ACRE TRACT OF
280280 LAND CONVEYED TO WALTON TEXAS, L.P., AS RECORDED IN COUNTY CLERK'S
281281 FILE NO. 2009-00018804, DEED RECORDS, GRAYSON COUNTY, TEXAS. SAID
282282 833.173 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE
283283 PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83, AND BEING MORE
284284 PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
285285 BEGINNING AT A 1/2 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF
286286 SAID TRACT 2 AND THE COMMON SOUTHEAST CORNER OF A TRACT OF LAND
287287 CONVEYED TO BLYTHE STANLEY ET AL, AS RECORDED IN VOLUME 1258, PAGE
288288 155, DEED RECORDS, GRAYSON COUNTY, TEXAS;
289289 THENCE, NORTH 00 DEGREES 49 MINUTES 34 SECONDS WEST, ALONG THE WEST
290290 LINE OF SAID TRACT 2 AND THE COMMON EAST LINE OF SAID STANLEY TRACT,
291291 A DISTANCE OF 2418.62 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE
292292 NORTHWEST CORNER OF SAID TRACT 2, SAID POINT BEING ON THE SOUTH
293293 RIGHT-OF-WAY LINE OF FARM TO MARKET ROAD NO. 902;
294294 THENCE, ALONG THE NORTH LINE OF SAID TRACT 2 AND THE COMMON SOUTH
295295 RIGHT-OF-WAY LINE OF SAID FARM TO MARKET ROAD NO. 902, THE FOLLOWING
296296 COURSES AND DISTANCES:
297297 NORTH 89 DEGREES 12 MINUTES 09 SECONDS EAST, A DISTANCE OF
298298 542.22 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
299299 "JACOBS" SET FOR CORNER;
300300 SOUTH 83 DEGREES 24 MINUTES 22 SECONDS EAST, A DISTANCE OF
301301 151.28 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
302302 "JACOBS" SET FOR CORNER;
303303 NORTH 89 DEGREES 13 MINUTES 54 SECONDS EAST, A DISTANCE OF
304304 1240.55 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A
305305 NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 2640.00
306306 FEET, A CENTRAL ANGLE OF 35 DEGREES 58 MINUTES 22 SECONDS, A
307307 CHORD THAT BEARS SOUTH 15 DEGREES 17 MINUTES 02 SECONDS EAST,
308308 A CHORD DISTANCE OF 1630.41 FEET;
309309 THENCE OVER AND ACROSS SAID TRACT 1 AND TRACT 2, THE FOLLOWING
310310 CORSES AND DISTANCES:
311311 ALONG SAID NON-TANGENT CURVE TO THE LEFT AN ARC LENGTH OF
312312 1657.50 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A
313313 NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2640.00
314314 FEET, A CENTRAL ANGLE OF 26 DEGREES 26 MINUTES 43 SECONDS, A
315315 CHORD THAT BEARS SOUTH 45 DEGREES 42 MINUTES 20 SECONDS WEST,
316316 A CHORD DISTANCE OF 1207.72 FEET;
317317 ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC LENGTH OF
318318 1218.51 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A
319319 NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2640.00
320320 FEET, A CENTRAL ANGLE OF 22 DEGREES 23 MINUTES 04 SECONDS, A
321321 CHORD THAT BEARS SOUTH 19 DEGREES 35 MINUTES 45 SECONDS WEST,
322322 A CHORD DISTANCE OF 1024.86 FEET;
323323 ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC LENGTH OF
324324 1031.40 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A
325325 NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 2640.00
326326 FEET, A CENTRAL ANGLE OF 30 DEGREES 40 MINUTES 25 SECONDS, A
327327 CHORD THAT BEARS SOUTH 38 DEGREES 23 MINUTES 39 SECONDS EAST,
328328 WITH A CHORD DISTANCE OF 1396.52 FEET;
329329 ALONG SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
330330 1413.33 FEET TO A POINT FOR CORNER;
331331 THENCE CONTINUING OVER AND ACROSS SAID TRACT 1, TRACT 2 AND ALONG
332332 THE CENTERLINE OF A SQUIRREL CREEK, THE FOLLOWING COURSES AND
333333 DISTANCES:
334334 SOUTH 25 DEGREES 15 MINUTES 26 SECONDS EAST A DISTANCE OF
335335 21.66 FEET TO A POINT FOR CORNER;
336336 SOUTH 12 DEGREES 11 MINUTES 08 SECONDS EAST A DISTANCE OF
337337 41.70 FEET TO A POINT FOR CORNER;
338338 SOUTH 05 DEGREES 52 MINUTES 59 SECONDS EAST A DISTANCE OF
339339 47.64 FEET TO A POINT FOR CORNER;
340340 SOUTH 05 DEGREES 39 MINUTES 30 SECONDS EAST A DISTANCE OF
341341 136.64 FEET TO A POINT FOR CORNER;
342342 SOUTH 06 DEGREES 26 MINUTES 05 SECONDS WEST A DISTANCE OF
343343 51.12 FEET TO A POINT FOR CORNER;
344344 SOUTH 16 DEGREES 41 MINUTES 27 SECONDS WEST A DISTANCE OF
345345 90.38 FEET TO A POINT FOR CORNER;
346346 SOUTH 27 DEGREES 34 MINUTES 42 SECONDS EAST A DISTANCE OF
347347 35.69 FEET TO A POINT FOR CORNER;
348348 SOUTH 17 DEGREES 03 MINUTES 31 SECONDS EAST A DISTANCE OF
349349 34.71 FEET TO A POINT FOR CORNER;
350350 SOUTH 01 DEGREES 29 MINUTES 19 SECONDS EAST A DISTANCE OF
351351 88.46 FEET TO A POINT FOR CORNER;
352352 SOUTH 44 DEGREES 52 MINUTES 39 SECONDS WEST A DISTANCE OF
353353 24.13 FEET TO A POINT FOR CORNER;
354354 SOUTH 06 DEGREES 13 MINUTES 55 SECONDS WEST A DISTANCE OF
355355 13.74 FEET TO A POINT FOR CORNER;
356356 SOUTH 36 DEGREES 27 MINUTES 00 SECONDS EAST A DISTANCE OF
357357 27.32 FEET TO A POINT FOR CORNER;
358358 SOUTH 46 DEGREES 29 MINUTES 21 SECONDS WEST A DISTANCE OF
359359 17.99 FEET TO A POINT FOR CORNER;
360360 SOUTH 02 DEGREES 57 MINUTES 51 SECONDS WEST, A DISTANCE OF
361361 374.03 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
362362 "JACOBS" SET FOR CORNER;
363363 SOUTH 05 DEGREES 14 MINUTES 52 SECONDS EAST, A DISTANCE OF
364364 238.15 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
365365 "JACOBS" SET FOR CORNER;
366366 SOUTH 10 DEGREES 41 MINUTES 50 SECONDS EAST, A DISTANCE OF
367367 75.61 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
368368 "JACOBS" SET FOR CORNER;
369369 SOUTH 05 DEGREES 59 MINUTES 19 SECONDS WEST, A DISTANCE OF
370370 115.66 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
371371 "JACOBS" SET FOR CORNER;
372372 SOUTH 14 DEGREES 01 MINUTES 23 SECONDS EAST, A DISTANCE OF
373373 100.84 FEET TO A POINT FOR CORNER;
374374 SOUTH 19 DEGREES 24 MINUTES 07 SECONDS EAST A DISTANCE OF
375375 166.51 FEET TO A POINT FOR CORNER;
376376 SOUTH 31 DEGREES 16 MINUTES 28 SECONDS EAST A DISTANCE OF
377377 81.39 FEET TO A POINT FOR CORNER;
378378 SOUTH 06 DEGREES 56 MINUTES 56 SECONDS EAST A DISTANCE OF
379379 143.07 FEET TO A POINT FOR CORNER;
380380 SOUTH 21 DEGREES 15 MINUTES 55 SECONDS EAST A DISTANCE OF
381381 125.12 FEET TO A POINT FOR CORNER;
382382 SOUTH 22 DEGREES 19 MINUTES 26 SECONDS EAST A DISTANCE OF
383383 137.42 FEET TO A POINT FOR CORNER;
384384 SOUTH 03 DEGREES 29 MINUTES 03 SECONDS EAST A DISTANCE OF
385385 87.00 FEET TO A POINT FOR CORNER;
386386 SOUTH 12 DEGREES 06 MINUTES 40 SECONDS EAST A DISTANCE OF
387387 100.19 FEET TO A POINT FOR CORNER;
388388 SOUTH 04 DEGREES 50 MINUTES 54 SECONDS EAST A DISTANCE OF
389389 101.13 FEET TO A POINT FOR CORNER;
390390 SOUTH 17 DEGREES 30 MINUTES 56 SECONDS EAST A DISTANCE OF
391391 45.37 FEET TO A POINT FOR CORNER;
392392 SOUTH 07 DEGREES 14 MINUTES 40 SECONDS EAST A DISTANCE OF
393393 83.49 FEET TO A POINT FOR CORNER;
394394 SOUTH 09 DEGREES 43 MINUTES 11 SECONDS WEST A DISTANCE OF
395395 159.89 FEET TO A POINT FOR CORNER;
396396 SOUTH 18 DEGREES 37 MINUTES 50 SECONDS WEST A DISTANCE OF
397397 245.20 FEET TO A POINT FOR CORNER;
398398 SOUTH 18 DEGREES 23 MINUTES 26 SECONDS WEST A DISTANCE OF
399399 204.08 FEET TO A POINT FOR CORNER;
400400 SOUTH 11 DEGREES 10 MINUTES 06 SECONDS EAST A DISTANCE OF
401401 304.68 FEET TO A POINT FOR CORNER;
402402 SOUTH 03 DEGREES 39 MINUTES 54 SECONDS EAST A DISTANCE OF
403403 172.25 FEET TO A POINT FOR CORNER;
404404 SOUTH 05 DEGREES 37 MINUTES 16 SECONDS WEST A DISTANCE OF
405405 87.78 FEET TO A POINT FOR CORNER;
406406 SOUTH 06 DEGREES 17 MINUTES 14 SECONDS EAST A DISTANCE OF
407407 136.06 FEET TO A POINT FOR CORNER;
408408 SOUTH 09 DEGREES 23 MINUTES 35 SECONDS EAST A DISTANCE OF
409409 121.64 FEET TO A POINT FOR CORNER;
410410 SOUTH 02 DEGREES 15 MINUTES 16 SECONDS EAST A DISTANCE OF
411411 249.17 FEET TO A POINT FOR CORNER;
412412 SOUTH 16 DEGREES 22 MINUTES 44 SECONDS WEST A DISTANCE OF
413413 294.95 FEET TO A POINT FOR CORNER;
414414 SOUTH 19 DEGREES 19 MINUTES 10 SECONDS WEST A DISTANCE OF
415415 540.50 FEET TO A POINT FOR CORNER;
416416 SOUTH 00 DEGREES 07 MINUTES 25 SECONDS WEST A DISTANCE OF
417417 170.72 FEET TO A POINT FOR CORNER ON THE SOUTH LINE OF SAID
418418 TRACT 1;
419419 THENCE, SOUTH 89 DEGREES 19 MINUTES 53 SECONDS WEST, ALONG THE SOUTH
420420 LINE OF SAID TRACT 1, A DISTANCE OF 1098.53 FEET TO A POINT CORNER;
421421 THENCE, SOUTH 01 DEGREES 21 MINUTES 45 SECONDS EAST, WITH THE EAST
422422 LINE OF SAID 99.012 TRACT, A DISTANCE OF 3585.11 FEET TO A P.K. NAIL
423423 FOUND IN THE NORTH LINE OF A TRACT OF LAND DESCRIBED IN DEED TO WAYNE
424424 CAVENDER, RECORDED IN VOLUME 953, PAGE 529 DEED RECORDS, GRAYSON
425425 COUNTY, TEXAS AND IN SAID HALL CEMETERY ROAD;
426426 THENCE, SOUTH 89 DEGREES 18 MINUTES 15 SECONDS WEST, WITH SAID NORTH
427427 LINE AND GENERALLY ALONG SAID HALL CEMETERY ROAD A DISTANCE OF
428428 524.30 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
429429 "CARTER BURGESS" FOUND FOR CORNER AT AN ANGLE POINT IN THE EAST LINE
430430 OF A TRACT OF LAND DESCRIBED IN DEED TO DAVID CATCHING, RECORDED IN
431431 VOLUME 1438, PAGE 765 DEED RECORDS, GRAYSON COUNTY, TEXAS;
432432 THENCE, NORTH 29 DEGREES 20 MINUTES 45 SECONDS WEST, WITH THE EAST
433433 LINE OF SAID DAVID CATCHING TRACT, AND GENERALLY ALONG SAID HALL
434434 CEMETERY ROAD A DISTANCE OF 590.10 FEET TO A 5/8" IRON ROD WITH
435435 YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR THE NORTHEAST
436436 CORNER OF SAID DAVID CATCHING TRACT;
437437 THENCE, NORTH 89 DEGREES 57 MINUTES 45 SECONDS WEST, WITH THE NORTH
438438 LINE OF SAID DAVID CATCHING TRACT, AND GENERALLY ALONG SAID HALL
439439 CEMETERY ROAD A DISTANCE OF 734.90 FEET TO A PK NAIL FOUND FOR THE
440440 SOUTHWEST CORNER OF SAID 99.012 ACRE TRACT, AND THE SOUTHEAST
441441 CORNER OF A TRACT OF LAND CONVEYED TO MURRY H. AKINS, BY DEED
442442 RECORDED IN VOLUME 2352, PAGE 350, DEED RECORDS, GRAYSON COUNTY,
443443 TEXAS;
444444 THENCE, NORTH 01 DEGREES 20 MINUTES 45 SECONDS WEST, PASSING AT A
445445 DISTANCE OF 25.01 FEET A 1/2" IRON ROD FOUND AT A FENCE CORNER POST,
446446 AND CONTINUING ALONG SAID FENCE LINE, AND WITH THE COMMON EAST LINE
447447 OF SAID MURRY H. AKINS TRACT, A TOTAL DISTANCE OF 2134.20 FEET TO A
448448 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS"
449449 FOUND FOR CORNER IN THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN
450450 DEED TO ERNEST B. STRAWN, RECORDED IN VOLUME 1094, PAGE 234 DEED
451451 RECORDS, GRAYSON COUNTY, TEXAS AND AT THE NORTHEAST CORNER OF SAID
452452 MURRY H. AKINS TRACT;
453453 THENCE, NORTH 88 DEGREES 41 MINUTES 48 SECONDS EAST, WITH THE SOUTH
454454 LINE OF SAID ERNEST B. STRAWN TRACT AND ALONG A FENCE LINE A
455455 DISTANCE OF 752.93 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTHEAST
456456 CORNER OF SAID ERNEST B. STRAWN TRACT;
457457 THENCE, NORTH 00 DEGREES 35 MINUTES 13 SECONDS WEST, WITH THE WEST
458458 LINE OF SAID 90.012 ACRE TRACT, AND THE COMMON EAST LINE OF SAID
459459 ERNEST B. STRAWN TRACT AND ALONG A FENCE LINE A DISTANCE OF 915.93
460460 FEET TO A POINT CORNER ON THE SOUTH LINE OF AFORESAID TRACT 1;
461461 THENCE, SOUTH 89 DEGREES 19 MINUTES 53 SECONDS WEST, WITH THE SOUTH
462462 LINE OF SAID TRACT 1, A DISTANCE OF 34.25 FEET TO A 5/8" IRON ROD
463463 WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR THE
464464 SOUTHWEST CORNER OF SAID TRACT 1, AND BEING AN INTERIOR ELL CORNER
465465 OF SAID ERNEST B. STRAWN TRACT;
466466 THENCE, NORTH 00 DEGREES 40 MINUTES 07 SECONDS WEST, ALONG THE WEST
467467 LINE OF SAID TRACT 1, AND THE COMMON EAST LINE OF SAID ERNEST B.
468468 STRAWN TRACT, A DISTANCE OF 1947.25 FEET TO A 1/2 INCH IRON ROD
469469 FOUND FOR CORNER AT THE "T" INTERSECTION OF PUBLIC ROADS FOR THE
470470 NORTHEAST CORNER OF SAID ERNEST B. STRAWN TRACT SAME BEING COMMON
471471 WITH THE SOUTHEAST CORNER OF AFORESAID TRACT 3;
472472 THENCE, SOUTH 88 DEGREES 22 MINUTES 39 SECONDS WEST, ALONG THE SOUTH
473473 LINE OF SAID TRACT 3 AND THE COMMON NORTH LINE OF SAID STRAWN TRACT,
474474 A DISTANCE OF 2627.91 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE
475475 SOUTHWEST CORNER OF SAID TRACT 3 AND A SOUTHEAST CORNER OF A TRACT
476476 OF LAND CONVEYED TO JERRY RAY EPTING, AS RECORDED IN VOLUME 2232,
477477 PAGE 622, DEED RECORDS, GRAYSON COUNTY, TEXAS;
478478 THENCE, NORTH 01 DEGREES 00 MINUTES 50 SECONDS WEST, ALONG THE WEST
479479 LINE OF SAID TRACT 3 AND THE COMMON EAST LINES OF THE FOLLOWING
480480 TRACTS: SAID EPTING TRACT, A TRACT OF LAND CONVEYED TO TAYLOR LEE
481481 STRAWN, AS RECORDED IN VOLUME 1251, PAGE 142, DEED RECORDS, GRAYSON
482482 COUNTY, TEXAS, A TRACT OF LAND CONVEYED TO DOROTHY A. CHESLEY, AS
483483 RECORDED IN VOLUME 1537, PAGE 61, DEED RECORDS, GRAYSON COUNTY,
484484 TEXAS, A DISTANCE OF 4842.77 FEET TO A 5/8 INCH IRON ROD WITH A
485485 YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR A NORTHWEST
486486 CORNER OF SAID TRACT 3 AND THE COMMON SOUTHWEST CORNER OF A TRACT OF
487487 LAND CONVEYED TO ROBERT CATCHING, JR., AS RECORDED IN VOLUME 2343,
488488 PAGE 580, DEED RECORDS, GRAYSON COUNTY, TEXAS, SAID POINT BEING IN
489489 THE EAST LINE OF SAID CHESLEY TRACT;
490490 THENCE, NORTH 89 DEGREES 05 MINUTES 47 SECONDS EAST, ALONG A NORTH
491491 LINE OF SAID TRACT 3 AND THE COMMON SOUTH LINE OF SAID ROBERT
492492 CATCHING, JR. TRACT, A DISTANCE OF 979.12 FEET TO A 5/8 INCH IRON
493493 ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
494494 CORNER;
495495 THENCE, NORTH 00 DEGREES 54 MINUTES 13 SECONDS WEST, ALONG A WEST
496496 LINE OF SAID TRACT 3 AND THE COMMON EAST LINE OF SAID ROBERT
497497 CATCHING, JR. TRACT, A DISTANCE OF 447.55 FEET TO A 5/8 INCH IRON
498498 ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR A
499499 NORTHWEST CORNER OF SAID TRACT 3 AND A COMMON NORTHEAST CORNER OF
500500 SAID ROBERT CATCHING, JR. TRACT, SAID POINT BEING IN THE SOUTH LINE
501501 OF A TRACT OF LAND CONVEYED TO FURIZON LIMITED L.P., AS RECORDED IN
502502 VOLUME 3697, PAGE 766, DEED RECORDS, GRAYSON COUNTY, TEXAS;
503503 THENCE, NORTH 89 DEGREES 05 MINUTES 47 SECONDS EAST, ALONG THE NORTH
504504 LINE OF SAID TRACT 3, THE SOUTH LINE OF SAID FURIZON LIMITED, L.P.
505505 TRACT AND THE SOUTH LINE OF AFORESAID STANLEY TRACT, A DISTANCE OF
506506 1686.53 FEET TO THE POINT OF BEGINNING, AND CONTAINING 833.2173
507507 ACRES OF LAND, MORE OR LESS.
508508 SAVE AND EXCEPT
509509 4.040 ACRES
510510 BEING A 4.040 ACRE TRACT OF LAND SITUATED IN THE JOHN M. HILLIS
511511 SURVEY, ABSTRACT NO. 534, GRAYSON COUNTY, TEXAS, AND BEING ALL OF A
512512 TRACT OF LAND CONVEYED TO ROBERT L. CATCHING, SR., AS RECORED IN
513513 VOLUME 4018, PAGE 792, DEED RECORDS, GRAYSON COUNTY, TEXAS AND
514514 BEING PART OF A TRACT OF LAND CONVEYED AS "TRACT 1" TO WALTON TEXAS,
515515 L.P., AS RECORD IN VOLUME 4338. PAGE 149 DEED RECORDS, GRAYSON
516516 COUNTY, TEXAS. SAID 4.040 ACRE TRACT BEING MORE PARTICULARLY
517517 DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
518518 BEGINNING AT A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
519519 "CARTER BURGESS" FOUND IN A GRAVEL ROAD FOR THE NORTHEAST CORNER OF
520520 THIS TRACT FROM WHICH THE SOUTHEAST CORNER OF SAID TRACT 1, BEARS
521521 NORTH 89 DEGREES 46 MINUTES 00 SECONDS EAST, A DISTANCE OF 386.61
522522 AND SOUTH 00 DEGREES 40 MINUTES 07 SECONDS EAST, A DISTANCE OF
523523 1960.86 FEET, AND THE NORTHEAST CORNER OF THE CATCHING TRACT
524524 RECORDED IN SAID VOLUME 4018, PAGE 792, BEARS SOUTH 78 DEGREES 27
525525 MINUTES 14 SECONDS WEST, A DISTANCE OF 105.81 FEET;
526526 THENCE, SOUTH 00 DEGREES 11 MINUTES 32 SECONDS EAST, A DISTANCE OF
527527 378.50 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
528528 "CARTER BURGESS" FOUND FOR THE SOUTHEAST CORNER OF THIS TRACT, FROM
529529 WHICH THE SOUTHEAST CORNER OF THE CATCHING TRACT RECORDED IN SAID
530530 VOLUME 4018, PAGE 792, BEARS NORTH 61 DEGREES 27 MINUTES 23 SECONDS
531531 WEST, A DISTANCE OF 115.62 FEET;
532532 THENCE, SOUTH 89 DEGREES 19 MINUTES 53 SECONDS WEST, A DISTANCE OF
533533 464.84 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
534534 "CARTER BURGESS" FOUND FOR THE SOUTHWEST CORNER OF THIS TRACT, FROM
535535 WHICH THE SOUTHWEST CORNER OF THE CATCHING TRACT RECORDED IN SAID
536536 VOLUME 4018, PAGE 792, BEARS NORTH 52 DEGREES 29 MINUTES 24 SECONDS
537537 EAST, A DISTANCE OF 94.36 FEET;
538538 THENCE, NORTH 00 DEGREES 11 MINUTES 32 SECONDS WEST, A DISTANCE OF
539539 378.63 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
540540 "CARTER BURGESS" FOUND IN SAID GRAVEL ROAD FOR THE NORTHWEST CORNER
541541 OF THIS TRACT, FROM WHICH THE NORTHWEST CORNER OF THE CATCHING TRACT
542542 RECORDED IN SAID VOLUME 4018, PAGE 792, BEARS SOUTH 75 DEGREES 17
543543 MINUTES 27 SECONDS EAST, A DISTANCE OF 75.22 FEET;
544544 THENCE, NORTH 89 DEGREES 20 MINUTES 50 SECONDS EAST, GENERALLY
545545 ALONG THE CENTER OF SAID GRAVEL ROAD, A DISTANCE OF 464.84 FEET TO
546546 THE POINT OF BEGINNING, AND CONTAINING 4.040 ACRES OF LAND, MORE OR
547547 LESS, LEAVING A NET ACREAGE OF 829.133 ACRES OF LAND, MORE OR LESS.
548548 SECTION 3. (a) The legal notice of the intention to
549549 introduce this Act, setting forth the general substance of this
550550 Act, has been published as provided by law, and the notice and a
551551 copy of this Act have been furnished to all persons, agencies,
552552 officials, or entities to which they are required to be furnished
553553 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
554554 Government Code.
555555 (b) The governor, one of the required recipients, has
556556 submitted the notice and Act to the Texas Commission on
557557 Environmental Quality.
558558 (c) The Texas Commission on Environmental Quality has filed
559559 its recommendations relating to this Act with the governor, the
560560 lieutenant governor, and the speaker of the house of
561561 representatives within the required time.
562562 (d) All requirements of the constitution and laws of this
563563 state and the rules and procedures of the legislature with respect
564564 to the notice, introduction, and passage of this Act are fulfilled
565565 and accomplished.
566566 SECTION 4. (a) Section 8309.109, Special District Local
567567 Laws Code, as added by Section 1 of this Act, takes effect only if
568568 this Act receives a two-thirds vote of all the members elected to
569569 each house.
570570 (b) If this Act does not receive a two-thirds vote of all the
571571 members elected to each house, Subchapter C, Chapter 8309, Special
572572 District Local Laws Code, as added by Section 1 of this Act, is
573573 amended by adding Section 8309.109 to read as follows:
574574 Sec. 8309.109. NO EMINENT DOMAIN POWER. The district may
575575 not exercise the power of eminent domain.
576576 (c) This section is not intended to be an expression of a
577577 legislative interpretation of the requirements of Section 17(c),
578578 Article I, Texas Constitution.
579579 SECTION 5. Except as provided by Section 4 of this Act:
580580 (1) this Act takes effect immediately if it receives a
581581 vote of two-thirds of all the members elected to each house, as
582582 provided by Section 39, Article III, Texas Constitution; and
583583 (2) if this Act does not receive the vote necessary for
584584 immediate effect, this Act takes effect September 1, 2011.
585585 * * * * *