82R7657 PMO-D
By: Phillips H.B. No. 3803
A BILL TO BE ENTITLED
relating to the creation of the Cottonwood Municipal Utility
District No. 2 of Grayson County; providing authority to impose a
tax and issue bonds; granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8309 to read as follows:
CHAPTER 8309. COTTONWOOD MUNICIPAL UTILITY DISTRICT NO. 2 OF
GRAYSON COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8309.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Cottonwood Municipal Utility
District No. 2 of Grayson County.
Sec. 8309.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8309.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8309.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8309.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8309.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8309.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
Sec. 8309.007. ELIGIBILITY FOR INCLUSION IN TAX INCREMENT
REINVESTMENT ZONE. (a) The district is eligible to be included in
a tax increment reinvestment zone created under Chapter 311, Tax
Code.
(b) If the City of Dorchester creates a tax increment
reinvestment zone described by Subsection (a) that includes all or
part of the territory of the district, the City of Dorchester and
the board of directors of the zone, by contract with the district,
may grant money to the district from the tax increment fund to be
used for a permissible purpose of the district, including the right
to pledge the money as security for a bond or other obligation
issued by the district and for any permissible purpose of a
corporation under Section 380.002(b), Local Government Code.
[Sections 8309.008-8309.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8309.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8309.052, directors serve
staggered four-year terms.
Sec. 8309.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2011, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission requesting that the commission appoint as temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8309.003; or
(2) September 1, 2015.
(c) If permanent directors have not been elected under
Section 8309.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8309.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
[Sections 8309.053-8309.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8309.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8309.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8309.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8309.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8309.105. COSTS OF ROAD PROJECT. The district shall
bear the cost of maintaining, improving, operating, and repairing a
road located in the district and authorized by Section 8309.103 in
accordance with all applicable ordinances and rules of the
political subdivision authorized to exercise jurisdiction over the
road, regardless of whether the district conveys the road to this
state, a county, or a municipality.
Sec. 8309.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. (a) The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
(b) In addition to all the rights and remedies provided by
other law, if the district violates the terms of an ordinance or
resolution described by Subsection (a), the municipality is
entitled to injunctive relief or a writ of mandamus issued by a
court requiring the district and the district's officials to
observe and comply with the terms of the ordinance or resolution.
Sec. 8309.107. MUNICIPAL CONSENT. Municipal consent to the
creation of the district and to the inclusion of land in the
district granted under Section 8309.004 acts as municipal consent
to the creation of any new district created by the division of the
district and to the inclusion of land in the new district.
Sec. 8309.108. EFFECT OF ANNEXATION BY CITY OF DORCHESTER.
Notwithstanding Section 54.016(f)(2), Water Code, an allocation
agreement between the City of Dorchester and the district that
provides for the allocation of the taxes or revenues of the district
and the city following the date of inclusion of all the district's
territory in the corporate limits of the city may provide that the
total annual ad valorem taxes collected by the city and the district
from taxable property in the district may exceed the city's ad
valorem tax on that property.
Sec. 8309.109. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8309.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8309.110-8309.150 reserved for expansion]
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8309.151. DIVISION OF DISTRICT; PREREQUISITES. The
district may be divided into two or more new districts only if the
district:
(1) has never issued any bonds; and
(2) is not imposing ad valorem taxes.
Sec. 8309.152. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district.
Sec. 8309.153. LIMITATION ON AREA OF NEW DISTRICT. A new
district created by the division of the district may not, at the
time the new district is created, contain any land outside the area
described by Section 2 of the Act enacting this chapter.
Sec. 8309.154. DIVISION PROCEDURES. (a) The board, on its
own motion or on receipt of a petition signed by the owner or owners
of a majority of the assessed value of the real property in the
district, may adopt an order dividing the district.
(b) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8309.003 to confirm the district's creation.
(c) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the new districts.
(d) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
Sec. 8309.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
A new district created by the division of the district shall hold a
confirmation and directors' election as required by Section
8309.003.
(b) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
Sec. 8309.156. TAX OR BOND ELECTION. Before a new district
created by the division of the district may impose a maintenance tax
or issue bonds payable wholly or partly from ad valorem taxes, the
new district must hold an election as required by this chapter to
obtain voter approval.
[Sections 8309.157-8309.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8309.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8309.203.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8309.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8309.201, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8309.203. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8309.204-8309.250 reserved for expansion]
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
Sec. 8309.251. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8309.252. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8309.253. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Cottonwood Municipal Utility District No. 2
of Grayson County initially includes all the territory contained in
the following area:
829.133 ACRES
BEING A 833.173 ACRE TRACT OF LAND SITUATED IN THE JAMES McKINNEY
SURVEY, ABSTRACT NUMBER 777, THE JOHN M. HILLIS SURVEY, ABSTRACT
NO. 534 AND THE JOHN BROOKE SURVEY, ABSTRACT NUMBER 109, GRAYSON
COUNTY, TEXAS, AND BEING PART OF TRACT 1, TRACT 2 AND ALL OF TRACT 3,
CONVEYED TO WALTON TEXAS, L.P., AS RECORD IN VOLUME 4338. PAGE 149
DEED RECORDS, GRAYSON COUNTY, TEXAS, ALL OF A 99.012 ACRE TRACT OF
LAND CONVEYED TO WALTON TEXAS, L.P., AS RECORDED IN COUNTY CLERK'S
FILE NO. 2009-00018804, DEED RECORDS, GRAYSON COUNTY, TEXAS. SAID
833.173 ACRE TRACT WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE
PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF
SAID TRACT 2 AND THE COMMON SOUTHEAST CORNER OF A TRACT OF LAND
CONVEYED TO BLYTHE STANLEY ET AL, AS RECORDED IN VOLUME 1258, PAGE
155, DEED RECORDS, GRAYSON COUNTY, TEXAS;
THENCE, NORTH 00 DEGREES 49 MINUTES 34 SECONDS WEST, ALONG THE WEST
LINE OF SAID TRACT 2 AND THE COMMON EAST LINE OF SAID STANLEY TRACT,
A DISTANCE OF 2418.62 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE
NORTHWEST CORNER OF SAID TRACT 2, SAID POINT BEING ON THE SOUTH
RIGHT-OF-WAY LINE OF FARM TO MARKET ROAD NO. 902;
THENCE, ALONG THE NORTH LINE OF SAID TRACT 2 AND THE COMMON SOUTH
RIGHT-OF-WAY LINE OF SAID FARM TO MARKET ROAD NO. 902, THE FOLLOWING
COURSES AND DISTANCES:
NORTH 89 DEGREES 12 MINUTES 09 SECONDS EAST, A DISTANCE OF
542.22 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"JACOBS" SET FOR CORNER;
SOUTH 83 DEGREES 24 MINUTES 22 SECONDS EAST, A DISTANCE OF
151.28 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"JACOBS" SET FOR CORNER;
NORTH 89 DEGREES 13 MINUTES 54 SECONDS EAST, A DISTANCE OF
1240.55 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A
NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 2640.00
FEET, A CENTRAL ANGLE OF 35 DEGREES 58 MINUTES 22 SECONDS, A
CHORD THAT BEARS SOUTH 15 DEGREES 17 MINUTES 02 SECONDS EAST,
A CHORD DISTANCE OF 1630.41 FEET;
THENCE OVER AND ACROSS SAID TRACT 1 AND TRACT 2, THE FOLLOWING
CORSES AND DISTANCES:
ALONG SAID NON-TANGENT CURVE TO THE LEFT AN ARC LENGTH OF
1657.50 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A
NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2640.00
FEET, A CENTRAL ANGLE OF 26 DEGREES 26 MINUTES 43 SECONDS, A
CHORD THAT BEARS SOUTH 45 DEGREES 42 MINUTES 20 SECONDS WEST,
A CHORD DISTANCE OF 1207.72 FEET;
ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC LENGTH OF
1218.51 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A
NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 2640.00
FEET, A CENTRAL ANGLE OF 22 DEGREES 23 MINUTES 04 SECONDS, A
CHORD THAT BEARS SOUTH 19 DEGREES 35 MINUTES 45 SECONDS WEST,
A CHORD DISTANCE OF 1024.86 FEET;
ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC LENGTH OF
1031.40 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A
NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 2640.00
FEET, A CENTRAL ANGLE OF 30 DEGREES 40 MINUTES 25 SECONDS, A
CHORD THAT BEARS SOUTH 38 DEGREES 23 MINUTES 39 SECONDS EAST,
WITH A CHORD DISTANCE OF 1396.52 FEET;
ALONG SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
1413.33 FEET TO A POINT FOR CORNER;
THENCE CONTINUING OVER AND ACROSS SAID TRACT 1, TRACT 2 AND ALONG
THE CENTERLINE OF A SQUIRREL CREEK, THE FOLLOWING COURSES AND
DISTANCES:
SOUTH 25 DEGREES 15 MINUTES 26 SECONDS EAST A DISTANCE OF
21.66 FEET TO A POINT FOR CORNER;
SOUTH 12 DEGREES 11 MINUTES 08 SECONDS EAST A DISTANCE OF
41.70 FEET TO A POINT FOR CORNER;
SOUTH 05 DEGREES 52 MINUTES 59 SECONDS EAST A DISTANCE OF
47.64 FEET TO A POINT FOR CORNER;
SOUTH 05 DEGREES 39 MINUTES 30 SECONDS EAST A DISTANCE OF
136.64 FEET TO A POINT FOR CORNER;
SOUTH 06 DEGREES 26 MINUTES 05 SECONDS WEST A DISTANCE OF
51.12 FEET TO A POINT FOR CORNER;
SOUTH 16 DEGREES 41 MINUTES 27 SECONDS WEST A DISTANCE OF
90.38 FEET TO A POINT FOR CORNER;
SOUTH 27 DEGREES 34 MINUTES 42 SECONDS EAST A DISTANCE OF
35.69 FEET TO A POINT FOR CORNER;
SOUTH 17 DEGREES 03 MINUTES 31 SECONDS EAST A DISTANCE OF
34.71 FEET TO A POINT FOR CORNER;
SOUTH 01 DEGREES 29 MINUTES 19 SECONDS EAST A DISTANCE OF
88.46 FEET TO A POINT FOR CORNER;
SOUTH 44 DEGREES 52 MINUTES 39 SECONDS WEST A DISTANCE OF
24.13 FEET TO A POINT FOR CORNER;
SOUTH 06 DEGREES 13 MINUTES 55 SECONDS WEST A DISTANCE OF
13.74 FEET TO A POINT FOR CORNER;
SOUTH 36 DEGREES 27 MINUTES 00 SECONDS EAST A DISTANCE OF
27.32 FEET TO A POINT FOR CORNER;
SOUTH 46 DEGREES 29 MINUTES 21 SECONDS WEST A DISTANCE OF
17.99 FEET TO A POINT FOR CORNER;
SOUTH 02 DEGREES 57 MINUTES 51 SECONDS WEST, A DISTANCE OF
374.03 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"JACOBS" SET FOR CORNER;
SOUTH 05 DEGREES 14 MINUTES 52 SECONDS EAST, A DISTANCE OF
238.15 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"JACOBS" SET FOR CORNER;
SOUTH 10 DEGREES 41 MINUTES 50 SECONDS EAST, A DISTANCE OF
75.61 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"JACOBS" SET FOR CORNER;
SOUTH 05 DEGREES 59 MINUTES 19 SECONDS WEST, A DISTANCE OF
115.66 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"JACOBS" SET FOR CORNER;
SOUTH 14 DEGREES 01 MINUTES 23 SECONDS EAST, A DISTANCE OF
100.84 FEET TO A POINT FOR CORNER;
SOUTH 19 DEGREES 24 MINUTES 07 SECONDS EAST A DISTANCE OF
166.51 FEET TO A POINT FOR CORNER;
SOUTH 31 DEGREES 16 MINUTES 28 SECONDS EAST A DISTANCE OF
81.39 FEET TO A POINT FOR CORNER;
SOUTH 06 DEGREES 56 MINUTES 56 SECONDS EAST A DISTANCE OF
143.07 FEET TO A POINT FOR CORNER;
SOUTH 21 DEGREES 15 MINUTES 55 SECONDS EAST A DISTANCE OF
125.12 FEET TO A POINT FOR CORNER;
SOUTH 22 DEGREES 19 MINUTES 26 SECONDS EAST A DISTANCE OF
137.42 FEET TO A POINT FOR CORNER;
SOUTH 03 DEGREES 29 MINUTES 03 SECONDS EAST A DISTANCE OF
87.00 FEET TO A POINT FOR CORNER;
SOUTH 12 DEGREES 06 MINUTES 40 SECONDS EAST A DISTANCE OF
100.19 FEET TO A POINT FOR CORNER;
SOUTH 04 DEGREES 50 MINUTES 54 SECONDS EAST A DISTANCE OF
101.13 FEET TO A POINT FOR CORNER;
SOUTH 17 DEGREES 30 MINUTES 56 SECONDS EAST A DISTANCE OF
45.37 FEET TO A POINT FOR CORNER;
SOUTH 07 DEGREES 14 MINUTES 40 SECONDS EAST A DISTANCE OF
83.49 FEET TO A POINT FOR CORNER;
SOUTH 09 DEGREES 43 MINUTES 11 SECONDS WEST A DISTANCE OF
159.89 FEET TO A POINT FOR CORNER;
SOUTH 18 DEGREES 37 MINUTES 50 SECONDS WEST A DISTANCE OF
245.20 FEET TO A POINT FOR CORNER;
SOUTH 18 DEGREES 23 MINUTES 26 SECONDS WEST A DISTANCE OF
204.08 FEET TO A POINT FOR CORNER;
SOUTH 11 DEGREES 10 MINUTES 06 SECONDS EAST A DISTANCE OF
304.68 FEET TO A POINT FOR CORNER;
SOUTH 03 DEGREES 39 MINUTES 54 SECONDS EAST A DISTANCE OF
172.25 FEET TO A POINT FOR CORNER;
SOUTH 05 DEGREES 37 MINUTES 16 SECONDS WEST A DISTANCE OF
87.78 FEET TO A POINT FOR CORNER;
SOUTH 06 DEGREES 17 MINUTES 14 SECONDS EAST A DISTANCE OF
136.06 FEET TO A POINT FOR CORNER;
SOUTH 09 DEGREES 23 MINUTES 35 SECONDS EAST A DISTANCE OF
121.64 FEET TO A POINT FOR CORNER;
SOUTH 02 DEGREES 15 MINUTES 16 SECONDS EAST A DISTANCE OF
249.17 FEET TO A POINT FOR CORNER;
SOUTH 16 DEGREES 22 MINUTES 44 SECONDS WEST A DISTANCE OF
294.95 FEET TO A POINT FOR CORNER;
SOUTH 19 DEGREES 19 MINUTES 10 SECONDS WEST A DISTANCE OF
540.50 FEET TO A POINT FOR CORNER;
SOUTH 00 DEGREES 07 MINUTES 25 SECONDS WEST A DISTANCE OF
170.72 FEET TO A POINT FOR CORNER ON THE SOUTH LINE OF SAID
TRACT 1;
THENCE, SOUTH 89 DEGREES 19 MINUTES 53 SECONDS WEST, ALONG THE SOUTH
LINE OF SAID TRACT 1, A DISTANCE OF 1098.53 FEET TO A POINT CORNER;
THENCE, SOUTH 01 DEGREES 21 MINUTES 45 SECONDS EAST, WITH THE EAST
LINE OF SAID 99.012 TRACT, A DISTANCE OF 3585.11 FEET TO A P.K. NAIL
FOUND IN THE NORTH LINE OF A TRACT OF LAND DESCRIBED IN DEED TO WAYNE
CAVENDER, RECORDED IN VOLUME 953, PAGE 529 DEED RECORDS, GRAYSON
COUNTY, TEXAS AND IN SAID HALL CEMETERY ROAD;
THENCE, SOUTH 89 DEGREES 18 MINUTES 15 SECONDS WEST, WITH SAID NORTH
LINE AND GENERALLY ALONG SAID HALL CEMETERY ROAD A DISTANCE OF
524.30 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"CARTER BURGESS" FOUND FOR CORNER AT AN ANGLE POINT IN THE EAST LINE
OF A TRACT OF LAND DESCRIBED IN DEED TO DAVID CATCHING, RECORDED IN
VOLUME 1438, PAGE 765 DEED RECORDS, GRAYSON COUNTY, TEXAS;
THENCE, NORTH 29 DEGREES 20 MINUTES 45 SECONDS WEST, WITH THE EAST
LINE OF SAID DAVID CATCHING TRACT, AND GENERALLY ALONG SAID HALL
CEMETERY ROAD A DISTANCE OF 590.10 FEET TO A 5/8" IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR THE NORTHEAST
CORNER OF SAID DAVID CATCHING TRACT;
THENCE, NORTH 89 DEGREES 57 MINUTES 45 SECONDS WEST, WITH THE NORTH
LINE OF SAID DAVID CATCHING TRACT, AND GENERALLY ALONG SAID HALL
CEMETERY ROAD A DISTANCE OF 734.90 FEET TO A PK NAIL FOUND FOR THE
SOUTHWEST CORNER OF SAID 99.012 ACRE TRACT, AND THE SOUTHEAST
CORNER OF A TRACT OF LAND CONVEYED TO MURRY H. AKINS, BY DEED
RECORDED IN VOLUME 2352, PAGE 350, DEED RECORDS, GRAYSON COUNTY,
TEXAS;
THENCE, NORTH 01 DEGREES 20 MINUTES 45 SECONDS WEST, PASSING AT A
DISTANCE OF 25.01 FEET A 1/2" IRON ROD FOUND AT A FENCE CORNER POST,
AND CONTINUING ALONG SAID FENCE LINE, AND WITH THE COMMON EAST LINE
OF SAID MURRY H. AKINS TRACT, A TOTAL DISTANCE OF 2134.20 FEET TO A
5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS"
FOUND FOR CORNER IN THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN
DEED TO ERNEST B. STRAWN, RECORDED IN VOLUME 1094, PAGE 234 DEED
RECORDS, GRAYSON COUNTY, TEXAS AND AT THE NORTHEAST CORNER OF SAID
MURRY H. AKINS TRACT;
THENCE, NORTH 88 DEGREES 41 MINUTES 48 SECONDS EAST, WITH THE SOUTH
LINE OF SAID ERNEST B. STRAWN TRACT AND ALONG A FENCE LINE A
DISTANCE OF 752.93 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTHEAST
CORNER OF SAID ERNEST B. STRAWN TRACT;
THENCE, NORTH 00 DEGREES 35 MINUTES 13 SECONDS WEST, WITH THE WEST
LINE OF SAID 90.012 ACRE TRACT, AND THE COMMON EAST LINE OF SAID
ERNEST B. STRAWN TRACT AND ALONG A FENCE LINE A DISTANCE OF 915.93
FEET TO A POINT CORNER ON THE SOUTH LINE OF AFORESAID TRACT 1;
THENCE, SOUTH 89 DEGREES 19 MINUTES 53 SECONDS WEST, WITH THE SOUTH
LINE OF SAID TRACT 1, A DISTANCE OF 34.25 FEET TO A 5/8" IRON ROD
WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR THE
SOUTHWEST CORNER OF SAID TRACT 1, AND BEING AN INTERIOR ELL CORNER
OF SAID ERNEST B. STRAWN TRACT;
THENCE, NORTH 00 DEGREES 40 MINUTES 07 SECONDS WEST, ALONG THE WEST
LINE OF SAID TRACT 1, AND THE COMMON EAST LINE OF SAID ERNEST B.
STRAWN TRACT, A DISTANCE OF 1947.25 FEET TO A 1/2 INCH IRON ROD
FOUND FOR CORNER AT THE "T" INTERSECTION OF PUBLIC ROADS FOR THE
NORTHEAST CORNER OF SAID ERNEST B. STRAWN TRACT SAME BEING COMMON
WITH THE SOUTHEAST CORNER OF AFORESAID TRACT 3;
THENCE, SOUTH 88 DEGREES 22 MINUTES 39 SECONDS WEST, ALONG THE SOUTH
LINE OF SAID TRACT 3 AND THE COMMON NORTH LINE OF SAID STRAWN TRACT,
A DISTANCE OF 2627.91 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE
SOUTHWEST CORNER OF SAID TRACT 3 AND A SOUTHEAST CORNER OF A TRACT
OF LAND CONVEYED TO JERRY RAY EPTING, AS RECORDED IN VOLUME 2232,
PAGE 622, DEED RECORDS, GRAYSON COUNTY, TEXAS;
THENCE, NORTH 01 DEGREES 00 MINUTES 50 SECONDS WEST, ALONG THE WEST
LINE OF SAID TRACT 3 AND THE COMMON EAST LINES OF THE FOLLOWING
TRACTS: SAID EPTING TRACT, A TRACT OF LAND CONVEYED TO TAYLOR LEE
STRAWN, AS RECORDED IN VOLUME 1251, PAGE 142, DEED RECORDS, GRAYSON
COUNTY, TEXAS, A TRACT OF LAND CONVEYED TO DOROTHY A. CHESLEY, AS
RECORDED IN VOLUME 1537, PAGE 61, DEED RECORDS, GRAYSON COUNTY,
TEXAS, A DISTANCE OF 4842.77 FEET TO A 5/8 INCH IRON ROD WITH A
YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR A NORTHWEST
CORNER OF SAID TRACT 3 AND THE COMMON SOUTHWEST CORNER OF A TRACT OF
LAND CONVEYED TO ROBERT CATCHING, JR., AS RECORDED IN VOLUME 2343,
PAGE 580, DEED RECORDS, GRAYSON COUNTY, TEXAS, SAID POINT BEING IN
THE EAST LINE OF SAID CHESLEY TRACT;
THENCE, NORTH 89 DEGREES 05 MINUTES 47 SECONDS EAST, ALONG A NORTH
LINE OF SAID TRACT 3 AND THE COMMON SOUTH LINE OF SAID ROBERT
CATCHING, JR. TRACT, A DISTANCE OF 979.12 FEET TO A 5/8 INCH IRON
ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
CORNER;
THENCE, NORTH 00 DEGREES 54 MINUTES 13 SECONDS WEST, ALONG A WEST
LINE OF SAID TRACT 3 AND THE COMMON EAST LINE OF SAID ROBERT
CATCHING, JR. TRACT, A DISTANCE OF 447.55 FEET TO A 5/8 INCH IRON
ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR A
NORTHWEST CORNER OF SAID TRACT 3 AND A COMMON NORTHEAST CORNER OF
SAID ROBERT CATCHING, JR. TRACT, SAID POINT BEING IN THE SOUTH LINE
OF A TRACT OF LAND CONVEYED TO FURIZON LIMITED L.P., AS RECORDED IN
VOLUME 3697, PAGE 766, DEED RECORDS, GRAYSON COUNTY, TEXAS;
THENCE, NORTH 89 DEGREES 05 MINUTES 47 SECONDS EAST, ALONG THE NORTH
LINE OF SAID TRACT 3, THE SOUTH LINE OF SAID FURIZON LIMITED, L.P.
TRACT AND THE SOUTH LINE OF AFORESAID STANLEY TRACT, A DISTANCE OF
1686.53 FEET TO THE POINT OF BEGINNING, AND CONTAINING 833.2173
ACRES OF LAND, MORE OR LESS.
SAVE AND EXCEPT
4.040 ACRES
BEING A 4.040 ACRE TRACT OF LAND SITUATED IN THE JOHN M. HILLIS
SURVEY, ABSTRACT NO. 534, GRAYSON COUNTY, TEXAS, AND BEING ALL OF A
TRACT OF LAND CONVEYED TO ROBERT L. CATCHING, SR., AS RECORED IN
VOLUME 4018, PAGE 792, DEED RECORDS, GRAYSON COUNTY, TEXAS AND
BEING PART OF A TRACT OF LAND CONVEYED AS "TRACT 1" TO WALTON TEXAS,
L.P., AS RECORD IN VOLUME 4338. PAGE 149 DEED RECORDS, GRAYSON
COUNTY, TEXAS. SAID 4.040 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"CARTER BURGESS" FOUND IN A GRAVEL ROAD FOR THE NORTHEAST CORNER OF
THIS TRACT FROM WHICH THE SOUTHEAST CORNER OF SAID TRACT 1, BEARS
NORTH 89 DEGREES 46 MINUTES 00 SECONDS EAST, A DISTANCE OF 386.61
AND SOUTH 00 DEGREES 40 MINUTES 07 SECONDS EAST, A DISTANCE OF
1960.86 FEET, AND THE NORTHEAST CORNER OF THE CATCHING TRACT
RECORDED IN SAID VOLUME 4018, PAGE 792, BEARS SOUTH 78 DEGREES 27
MINUTES 14 SECONDS WEST, A DISTANCE OF 105.81 FEET;
THENCE, SOUTH 00 DEGREES 11 MINUTES 32 SECONDS EAST, A DISTANCE OF
378.50 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"CARTER BURGESS" FOUND FOR THE SOUTHEAST CORNER OF THIS TRACT, FROM
WHICH THE SOUTHEAST CORNER OF THE CATCHING TRACT RECORDED IN SAID
VOLUME 4018, PAGE 792, BEARS NORTH 61 DEGREES 27 MINUTES 23 SECONDS
WEST, A DISTANCE OF 115.62 FEET;
THENCE, SOUTH 89 DEGREES 19 MINUTES 53 SECONDS WEST, A DISTANCE OF
464.84 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"CARTER BURGESS" FOUND FOR THE SOUTHWEST CORNER OF THIS TRACT, FROM
WHICH THE SOUTHWEST CORNER OF THE CATCHING TRACT RECORDED IN SAID
VOLUME 4018, PAGE 792, BEARS NORTH 52 DEGREES 29 MINUTES 24 SECONDS
EAST, A DISTANCE OF 94.36 FEET;
THENCE, NORTH 00 DEGREES 11 MINUTES 32 SECONDS WEST, A DISTANCE OF
378.63 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"CARTER BURGESS" FOUND IN SAID GRAVEL ROAD FOR THE NORTHWEST CORNER
OF THIS TRACT, FROM WHICH THE NORTHWEST CORNER OF THE CATCHING TRACT
RECORDED IN SAID VOLUME 4018, PAGE 792, BEARS SOUTH 75 DEGREES 17
MINUTES 27 SECONDS EAST, A DISTANCE OF 75.22 FEET;
THENCE, NORTH 89 DEGREES 20 MINUTES 50 SECONDS EAST, GENERALLY
ALONG THE CENTER OF SAID GRAVEL ROAD, A DISTANCE OF 464.84 FEET TO
THE POINT OF BEGINNING, AND CONTAINING 4.040 ACRES OF LAND, MORE OR
LESS, LEAVING A NET ACREAGE OF 829.133 ACRES OF LAND, MORE OR LESS.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) Section 8309.109, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 8309, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 8309.109 to read as follows:
Sec. 8309.109. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. Except as provided by Section 4 of this Act:
(1) this Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2011.