88R13043 ANG-F
By: King of Uvalde H.B. No. 5317
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Atascosa County Municipal Utility
District No. 2; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
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 7957A to read as follows:
CHAPTER 7957A. ATASCOSA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7957A.0101. 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 Atascosa County Municipal
Utility District No. 2.
Sec. 7957A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7957A.0103. CONFIRMATION AND DIRECTOR 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. 7957A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7957A.0103 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. 7957A.0105. 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. 7957A.0106. 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.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7957A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7957A.0202, directors
serve staggered four-year terms.
Sec. 7957A.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Bruce Bartlett;
(2) G. Bailey Woods, Jr.;
(3) Sloan Thomas;
(4) Andrew B. Price; and
(5) Foard Houston.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7957A.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7957A.0103 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 7957A.0103; 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.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7957A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7957A.0302. 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. 7957A.0303. 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. 7957A.0304. 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. 7957A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. 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.
Sec. 7957A.0306. DIVISION OF DISTRICT. (a) The district
may be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) 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.
(d) 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.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
7957A.0103 to confirm the district's creation.
(f) 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 or among the new districts.
(g) 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.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 7957A.0103.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
7957A.0104 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. 7957A.0307. STRATEGIC PARTNERSHIP AGREEMENT. The
district may negotiate and enter into a written strategic
partnership agreement with a municipality under Section 43.0751,
Local Government Code.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7957A.0401. 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
7957A.0403.
(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. 7957A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7957A.0401, 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. 7957A.0403. 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.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7957A.0501. 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. 7957A.0502. 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. 7957A.0503. 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 Atascosa County Municipal Utility District
No. 2 initially includes all the territory contained in the
following area:
Being a boundary survey of 0.616 acre, more or less, of land
lying in Atascosa County, Texas, being out of and a part of E.S.
Harper Survey 1202, Abstract No. 366, Atascosa County, Texas. Said
0.616 acre being bounded on the northwest by the fenced
southeasterly margin of F.M. 1470 (Leming Drive); on the northeast
by 11.25 acres, James P. Shone, et ux., Book 857, Page 700 of the
Atascosa County Deed Records; and on the southeast by 4.52 acres
simultaneously surveyed this same day. Said 0.616 acre being more
particularly described by metes and bounds as follows: (The
courses, distances, areas and any coordinates cited herein or shown
on the corresponding survey plat conform to the Texas Coordinate
System, North American Datum 1983, Texas South Central Zone.) (All
corners called for as being set are marked on the ground with 1/2"
diameter rebar with plastic identification caps stamped
"RPLS/6418" attached unless otherwise noted or shown.)
BEGINNING at a found broken TxDOT Type I right-of-way
monument at the intersection of F.M. 1470 and an unnamed county
road, marking a deflection point of the herein described tract;
THENCE: N 26° 16' 04" E, with the southwesterly margin of F.M.
1470 and the herein described tract for a distance of 25.94 feet to
a 3" diameter pipe 3-way fence corner post at a point on the
ostensible common survey line of said Survey 1202 and I. Wautz
Survey 1176, Abstract No. 895, marking a deflection point of said
11.25 acres, and marking the north corner of the herein described
tract, from which a found TxDOT Type I right-of-way monument bears N
15° 48' 34" E at a distance of 24.43 feet;
THENCE: S 35° 21' 31" E, generally with the fence, with the
ostensible common survey line of said Survey 1202 and said Survey
1176, and with the common boundary line of said 11.25 acres and the
herein described tract for a distance of 1154.04 feet to a 3"
diameter pipe fence angle post marking a deflection point of said
11.25 acres, marking the west corner of said 4.52 acres, and marking
a deflection point of the herein described tract;
THENCE: S 56° 44' 15" E, with the common boundary line of said
4.52 acres and the herein described tract for a distance of 50.89
feet to an unmarked corner marking a deflection point of said 4.52
acres, and marking the east corner of the herein described tract;
THENCE: With the southwesterly margin of said unnamed county
road and the herein described tract for the following two (2) calls:
1.) N 79° 52' 38" W, for a distance of 59.02 feet to an
unmarked corner marking a deflection point of the herein described
tract;
2.) N 35° 21' 31" W, for a distance of 1147.02 feet to
the Place of Beginning and containing 0.616 acre, more or less, of
land within the herein described boundary according to an actual on
the ground survey made by Smyth Surveyors, Inc. and completed on
November 30, 2022.
Being a boundary survey of 101.73 acres, more or less, of land
lying in Atascosa County, Texas, being out of and a part of N. Mcada
Survey 1198, Abstract No. 566, and also being out of and a part of
that same certain tract called Tract II (328.52 acres) as described
in conveyance document to The J W Gorman Family Partnership, Ltd.,
recorded in Document Number 137428 of the Atascosa County Official
Public Records, Atascosa County, Texas. Said 101.73 acres being
bounded on the southeast by the fenced northwesterly margin of Red
Barn Road; on the northeast and northwest by 404.48 acres
simultaneously surveyed this same day; and on the southwest by a 40'
unnamed county road (unimproved). Said 101.73 acres being more
particularly described by metes and bounds as follows: (The
courses, distances, areas and any coordinates cited herein or shown
on the corresponding survey plat conform to the Texas Coordinate
System, North American Datum 1983, Texas South Central Zone.) (All
corners called for as being set are marked on the ground with 1/2"
diameter rebar with plastic identification caps stamped
"RPLS/6418" attached unless otherwise noted or shown.)
BEGINNING at an unmarked corner at a point on the fenced
northwesterly margin of Red Barn Road, at a point on a southeasterly
line of said Tract II, marking an exterior corner of said 404.48
acres, and marking the east corner of the herein described tract,
from which a 4.5" diameter pipe fence angle post marking a
deflection point of said 404.48 acres bears N 18° 36' 23" E at a
distance of 1644.49 feet;
THENCE: Crossing into and across Tract II, and generally with
the fence for the following thirteen (13) calls:
1.) N 72° 35' 23" W, for a distance of 464.92 feet to a
leaning 7" diameter cedar fence angle post marking a deflection
point of the herein described tract;
2.) N 24° 16' 53" W, for a distance of 222.53 feet to a 4.5"
diameter pipe 2-way fence corner post marking an interior corner of
the herein described tract;
3.) S 66° 54' 13" W, for a distance of 904.65 feet to a 3"
diameter pipe 2-way fence corner post marking a deflection point of
the herein described tract;
4.) N 67° 10' 57" W, for a distance of 20.12 feet to a 3"
diameter pipe 3-way fence corner post marking a deflection point of
the herein described tract;
5.) S 24° 00' 54" W, for a distance of 183.78 feet to a t-
post fence angle post marking a deflection point of the herein
described tract;
6.) S 24° 12' 38" W, for a distance of 641.60 feet to a 3"
diameter pipe fence angle post marking a deflection point of the
herein described tract;
7.) S 54° 15' 53" W, for a distance of 625.15 feet to a 3"
diameter pipe 2-way fence corner post marking a deflection point of
the herein described tract;
8.) S 02° 26' 22" E, for a distance of 20.35 feet to a 3"
diameter pipe fence angle post marking a deflection point of the
herein described tract;
9.) S 18° 20' 46" W, for a distance of 1138.27 feet to a 4.5"
diameter pipe 2-way fence corner post at a point on the ostensible
common survey line of said Survey 1198 and said Survey 1199, at a
point in the northeasterly margin of an unnamed county road, and
marking an interior corner of the herein described tract;
10.) S 70° 45' 38" E, with the ostensible common survey line
of said Survey 1198 and said Survey 1199, and with the northeasterly
margin of an unnamed county road for a distance of 563.24 feet to a
5" diameter cedar fence angle post marking a deflection point of the
herein described tract;
11.) S 70° 57' 07" E, with the ostensible common survey line
of said Survey 1198 and said Survey 1199, and with the northeasterly
margin of an unnamed county road for a distance of 593.07 feet to a
t-post fence angle post marking a deflection point of the herein
described tract;
12.) S 70° 48' 28" E, with the ostensible common survey line
of said Survey 1198 and said Survey 1199, and with the northeasterly
margin of an unnamed county road for a distance of 498.03 feet to a
2.5" diameter pipe fence angle post marking a deflection point of
the herein described tract;
13.) S 71° 01' 04" E, with the ostensible common survey line
of said Survey 1198 and said Survey 1199, and with the northeasterly
margin of an unnamed county road for a distance of 62.86 feet to a
4.5" diameter pipe fence angle post at the intersection of Red Barn
Road and an unnamed county road, and marking a deflection point of
the herein described tract;
THENCE: Generally with the fenced margin of Red Barn Road and
the herein described tract for the following two (2) calls:
1.) N 64° 53' 53" E, for a distance of 36.73 feet to a 4.5"
diameter pipe fence angle post marking a deflection point of the
herein described tract;
2.) N 18° 36' 23" E, for a distance of 2924.62 feet to the
Place of Beginning and containing 101.73 acres, more or less, of
land within the herein described boundary, according to an actual
on the ground survey made by Smyth Surveyors, Inc. and completed on
October 19, 2022.
Being a boundary survey of 404.48 acres, more or less, of land
lying in Atascosa County, Texas, being out of and parts of N. Mcada
Survey 1198, Abstract No. 566, I. Wautz Survey 1175, Abstract
No. 896, M. Moritz Survey 1292, Abstract No. 586, G. Hectorne
Survey 1199, Abstract No. 370, and W. Morrow Survey 1200, Abstract
No. 589, being out of and a part of John T. Horton Ranch, recorded
in Slide 25-A of the Atascosa County New Plat Cabinet, and also
being comprised of a composite of those same certain tracts called
Tract II (328.52 acres), Tract IV (remainder of 184.3 acres), and
Tract V (101.87 acres) as described in conveyance document to The J
W Gorman Family Partnership, Ltd., recorded in Document Number
137428 of the Atascosa County Official Public Records, Atascosa
County, Texas. Said 404.48 acres being bounded on the northwest by
the following: 1.) fenced southeasterly margin of F.M. 1470 (Leming
Drive), 2.) 26.73 acres, Maurilio Gonzales, Jr., PID: 16584 of the
Atascosa County Appraisal District, 3.) 81.60 acres, James P.
Shone, et ux., Book 707, Page 93 of the Atascosa County Deed
Records, and 4.) 11.25 acres, James P. Shone, et ux., Book 857, Page
700 of the Atascosa County Deed Records; on the southeast by the
fenced northwesterly margin of Red Barn Road; and on the southwest
by the following: 1.) 100 acres, Carolyn Daniel, Document Number
143664 of the Atascosa County Official Public Records, and 2.)
311.94 acres simultaneously surveyed this same day. Said 404.48
acres being more particularly described by metes and bounds as
follows: (The courses, distances, areas and any coordinates cited
herein or shown on the corresponding survey plat conform to the
Texas Coordinate System, North American Datum 1983, Texas South
Central Zone.) (All corners called for as being set are marked on
the ground with 1/2" diameter rebar with plastic identification
caps stamped "RPLS/6418" attached unless otherwise noted or shown.)
BEGINNING at a found TxDOT Type II right-of-way monument at a
point on the southeasterly margin of F.M. 1470, and marking the
north corner of the herein described tract;
THENCE: S 46° 38' 59" E, generally with the fence, and with the
southeasterly margin of F.M. 1470 and the herein described tract
for a distance of 60.45 feet to a found TxDOT Type II right- of-way
monument at the intersection of F.M. 1470 and Red Barn Road, and
marking an exterior corner of the herein described tract;
THENCE: Generally with the fenced margin of Red Barn Road and
the herein described tract for the following four (4) calls:
1.) S 18° 25' 10" W, passing the ostensible common survey
line of said Survey 1175 and said Survey 1292 for a distance of
939.25 feet to a 4.5" diameter pipe fence angle post marking a
deflection point of the herein described tract;
2.) S 19° 27' 20" E, passing the ostensible common survey
line of said Survey 1175 and said Survey 1198, continuing on the
same course for a distance of 194.92 feet to a 4.5" diameter pipe
fence angle post marking a deflection point of the herein described
tract;
3.) S 18° 36' 23" W, for a distance of 1644.49 feet to an
unmarked corner marking an exterior corner of the herein described
tract;
THENCE: Crossing into and across Tract II, and generally with
the fence for the following thirteen (13) calls:
14.) N 72° 35' 23" W, for a distance of 464.92 feet to a
leaning 7" diameter cedar fence angle post marking a deflection
point of the herein described tract;
15.) N 24° 16' 53" W, for a distance of 222.53 feet to a 4.5"
diameter pipe 2-way fence corner post marking an interior corner of
the herein described tract;
16.) S 66° 54' 13" W, for a distance of 904.65 feet to a 3"
diameter pipe 2-way fence corner post marking a deflection point of
the herein described tract;
17.) N 67° 10' 57" W, for a distance of 20.12 feet to a 3"
diameter pipe 3-way fence corner post marking a deflection point of
the herein described tract;
18.) S 24° 00' 54" W, for a distance of 183.78 feet to a t-
post fence angle post marking a deflection point of the herein
described tract;
19.) S 24° 12' 38" W, for a distance of 641.60 feet to a 3"
diameter pipe fence angle post marking a deflection point of the
herein described tract;
20.) S 54° 15' 53" W, for a distance of 625.15 feet to a 3"
diameter pipe 2-way fence corner post marking a deflection point of
the herein described tract;
21.) S 02° 26' 22" E, for a distance of 20.35 feet to a 3"
diameter pipe fence angle post marking a deflection point of the
herein described tract;
22.) S 18° 20' 46" W, for a distance of 1138.27 feet to a 4.5"
diameter pipe 2-way fence corner post at a point on the ostensible
common survey line of said Survey 1198 and said Survey 1199, at a
point in the northeasterly margin of an unnamed county road, and
marking an interior corner of the herein described tract;
23.) S 70° 45' 38" E, with the ostensible common survey line
of said Survey 1198 and said Survey 1199, and with the northeasterly
margin of an unnamed county road for a distance of 563.24 feet to a
5" diameter cedar fence angle post marking a deflection point of the
herein described tract;
24.) S 70° 57' 07" E, with the ostensible common survey line
of said Survey 1198 and said Survey 1199, and with the northeasterly
margin of an unnamed county road for a distance of 593.07 feet to a
t-post fence angle post marking a deflection point of the herein
described tract;
25.) S 70° 48' 28" E, with the ostensible common survey line
of said Survey 1198 and said Survey 1199, and with the northeasterly
margin of an unnamed county road for a distance of 498.03 feet to a
2.5" diameter pipe fence angle post marking a deflection point of
the herein described tract;
26.) S 71° 01' 04" E, with the ostensible common survey line
of said Survey 1198 and said Survey 1199, and with the northeasterly
margin of an unnamed county road for a distance of 62.86 feet to a
4.5" diameter pipe fence angle post at the intersection of Red Barn
Road and an unnamed county road, and marking a deflection point of
the herein described tract;
THENCE: Generally with the fenced margin of Red Barn Road and
the herein described tract for the following three (3) calls:
3.) S 10° 11' 13" W, with the southeasterly margin of said
unnamed county road and the herein described tract for a distance of
40.83 feet to a 4.5" diameter pipe fence angle post at the
intersection of Red Barn Road and an unnamed county road, and
marking a deflection point of the herein described tract;
4.) S 18° 05' 52" E, for a distance of 63.42 feet to a 4.5"
diameter pipe fence angle post marking a deflection point of the
herein described tract;
5.) S 19° 15' 01" W, passing the ostensible common survey
line of said Survey 1199 and said Survey 1200, continuing on the
same course for a distance of 2557.83 feet to a leaning 9" diameter
creosote fence angle post marking the east corner of said 100 acres,
and marking the south corner of the herein described tract;
THENCE: Generally with the fence, and with the common
boundary lines of said 100 acres and the herein described tract for
the following four (4) calls:
1.) N 70° 50' 51" W, for a distance of 951.03 feet to a 4.5"
diameter pipe 3-way fence corner post marking an interior corner of
said 100 acres, and marking an exterior corner of the herein
described tract;
2.) N 19° 24' 09" E, for a distance of 331.50 feet to an
unmarked corner marking an exterior corner of said 100 acres, and
marking an interior corner of the herein described tract;
3.) N 43° 41' 40" W, at 52.90 feet passing a 3" diameter pipe
3-way fence corner post, continuing on the same course for a total
distance of 635.25 feet to a 3" diameter pipe fence angle post
marking a deflection point of said 100 acres, and marking a
deflection point of the herein described tract;
4.) N 53° 40' 55" W, for a distance of 154.71 feet to a 3"
diameter pipe 2-way fence corner post marking the north corner of
said 100 acres, marking the east corner of said 311.94 acres, and
marking a deflection point of the herein described tract;
THENCE: N 56° 44' 15" W, crossing into and across said Tract V
and said Tract IV, and with the common boundary line of said 311.94
acres, crossing the ostensible common survey line of said Survey
1199 and said Survey 1200, continuing on the same course, crossing
the ostensible common survey line of said Survey 1176 and said
Survey 1199, continuing on the same course for a distance of 2768.17
feet to a 3" diameter pipe fence angle post marking a deflection
point of said 11.25 acres, marking a deflection point of said 311.94
acres, and marking the west corner of the herein described tract;
THENCE: Generally with the fence, and with the common
boundary lines of said 11.25 acres and the herein described tract
for the following two (2) calls:
1.) S 79° 52' 38" E, for a distance of 79.02 feet to a 3"
diameter pipe fence angle post, marking the south corner of said
11.25 acres, and marking an interior corner of the herein described
tract;
2.) N 53° 53' 08" E, for a distance of 296.62 feet to a found
leaning 1/2" diameter rebar marking the common corner of said 11.25
acres and said 81.60 acres, and marking a deflection point of the
herein described tract;
THENCE: Generally with the fence, and with the common
boundary line of said 81.60 acres and the herein described tract for
the following four (4) calls:
1.) N 53° 51' 54" E, for a distance of 1255.14 feet to a 4.5"
diameter pipe 3-way fence corner post at a point on the ostensible
common survey line of said Survey 1198 and said Survey 1199, marking
an exterior corner of said 81.60 acres, and marking an interior
corner of the herein described tract;
2.) N 70° 48' 28" W, with the ostensible common survey line
of said Survey 1198 and said Survey 1199 for a distance of 12.11
feet to a 4.5" diameter pipe 2-way fence corner post marking the
ostensible common survey corner of said Survey 1198 and said Survey
1199, at a point on the ostensible southeasterly survey line of said
Survey 1176, marking an interior corner of said 81.60 acres, and
marking an exterior corner of the herein described tract;
3.) N 55° 07' 54" E, with the ostensible common survey line
of said Survey 1176 and said Survey 1198 for a distance of 625.25
feet to a 3" diameter pipe 2-way fence corner post marking the
ostensible common survey corner of said Survey 1176 and said Survey
1175, marking an exterior corner of said 81.60 acres, and marking an
interior corner of the herein described tract;
4.) N 35° 15' 11" W, with the ostensible common survey line
of said Survey 1175 and said Survey 1176 for a distance of 532.31
feet to a 3" diameter pipe 3-way fence corner post marking the south
corner of said 26.73 acres, and marking an interior corner of the
herein described tract;
THENCE: Generally with the fence, and with the common
boundary line of said 26.73 acres and the herein described tract for
the following two (2) calls:
1.) N 54° 27' 18" E, for a distance of 564.53 feet to a 3"
diameter pipe 3-way fence corner post marking the east corner of
said 26.73 acres, and marking an interior corner of the herein
described tract;
2.) N 07° 14' 52" W, at 1318.99 feet passing a 4.5" diameter
pipe 3-way fence corner post, continuing on the same course for a
total distance of 1320.13 feet to an unmarked corner at a point on
the southeasterly margin of F.M. 1470, marking the north corner of
said 26.73 acres, and marking an exterior corner of the herein
described tract;
THENCE: N 65° 54' 29" E, with the fenced southeasterly margin
of F.M. 1470 and the herein described tract, at 251.24 feet passing
a found TxDOT Type II right-of-way monument, continuing on the same
course, at 2250.89 feet passing a found TxDOT Type II right- of-way
monument, continuing on the same course, at 3750.75 feet passing a
found TxDOT Type II right-of-way monument, continuing on the same
course for a total distance of 4773.87 feet to the Place of
Beginning and containing 404.48 acres, more or less, of land within
the herein described boundary, of which approximately 4.52 acres
lie within an unnamed county road (40' R.O.W.), of which
approximately 2.17 acres lie within Old Pleasanton & Benton Road
(60' R.O.W., platted, and unimproved), and of which approximately
4.59 acres lie within enclosure fence (record title unknown),
according to an actual on the ground survey made by Smyth Surveyors,
Inc. and completed on September 28, 2022.
Being a boundary survey of 4.52 acres, more or less, of land
lying in Atascosa County, Texas, and being out of and a part of G.
Hectorne Survey 1199, Abstract No. 370, Atascosa County, Texas.
Said 4.52 acres being bounded on the northeast by Tract II (328.52
acres), The J W Gorman Family Partnership, Ltd., Document Number
137428 of the Atascosa County Official Public Records; on the
northwest by the following: 1.) 81.60 acres, James P. Shone, et ux.,
Book 707, Page 93 of the Atascosa County Deed Records, and 2.) 11.25
acres, James P. Shone, et ux., Book 857, Page 700 of the Atascosa
County Deed Records; on the southwest by 0.616 acre simultaneously
surveyed this same day; on the south by Tract IV (184.3 acres) The J
W Gorman Family Partnership, Ltd., Document Number 137428 of the
Atascosa County Official Public Records; and on the southeast by
the fenced northwesterly margin of Red Barn Road. Said 4.52 acres
being more particularly described by metes and bounds as follows:
(The courses, distances, areas and any coordinates cited herein or
shown on the corresponding survey plat conform to the Texas
Coordinate System, North American Datum 1983, Texas South Central
Zone.) (All corners called for as being set are marked on the ground
with 1/2" diameter rebar with plastic identification caps stamped
"RPLS/6418" attached unless otherwise noted or shown.)
BEGINNING at a 4.5" diameter pipe fence angle post at a point
on the ostensible common survey line of said Survey 1199 and N.
Mcada Survey 1198, Abstract No. 566, at the intersection of Red
Barn Road and an unnamed county road, and marking an exterior corner
of the herein described tract;
THENCE: S 10° 11' 13" W, with the southeasterly margin of said
unnamed county road and the herein described tract for a distance of
40.83 feet to a 4.5" diameter pipe fence angle post at the
intersection of Red Barn Road and an unnamed county road, and
marking an exterior corner of the herein described tract;
THENCE: With the southerly margin of said unnamed county road
and said 184.3 acres for the following five (5) calls:
1.) N 70° 52' 16" W, for a distance of 1715.73 feet to an
unmarked corner marking a deflection point of the herein described
tract;
2.) N 71° 28' 14" W, for a distance of 1614.73 feet to an
unmarked corner marking an interior corner of the herein described
tract;
3.) S 53° 51' 54" W, for a distance of 1234.46 feet to an
unmarked corner marking a deflection point of the herein described
tract;
4.) S 53° 53' 08" W, for a distance of 286.02 feet to an
unmarked corner marking an exterior corner of the herein described
tract;
5.) N 79° 52' 38" W, for a distance of 68.45 feet to an
unmarked corner marking the east corner of said 0.616 acre, and
marking a deflection point of the herein described tract;
THENCE: N 56° 44' 15" W, with the common boundary line of said
0.616 acre and the herein described tract for a distance of 50.89
feet to a 3" diameter pipe fence angle post marking a deflection
point of said 11.25 acres, marking a deflection point of said 0.616
acre, and marking the west corner of the herein described tract;
THENCE: Generally with the fence, and with the common
boundary lines of said 11.25 acres and the herein described tract
for the following two (2) calls:
3.) S 79° 52' 38" E, for a distance of 79.02 feet to a 3"
diameter pipe fence angle post, marking the south corner of said
11.25 acres, and marking an interior corner of the herein described
tract;
4.) N 53° 53' 08" E, for a distance of 296.62 feet to a found
leaning 1/2" diameter rebar marking the common corner of said 11.25
acres and said 81.60 acres, and marking a deflection point of the
herein described tract;
THENCE: N 53° 51' 54" E, generally with the fence, and with the
common boundary line of said 81.60 acres and the herein described
tract for a distance of 1255.14 feet to a 4.5" diameter pipe 3-way
fence corner post at a point on the ostensible common survey line of
said Survey 1198 and said Survey 1199, marking an exterior corner of
said 81.60 acres, at a point on a southwesterly line of said 328.52
acres, and marking the north corner of the herein described tract;
THENCE: With the ostensible common survey line of said Survey
1198 and said Survey 1199, and with the common boundary lines of
said 328.52 acres and the herein described tract for the following
two (2) calls:
3.) S 71° 28' 14" E, for a distance of 1635.61 feet to an
unmarked corner marking a deflection point of the herein described
tract;
4.) S 70° 52' 56" E for a distance of 1709.60 feet to the
Place of Beginning and containing 4.52 acres, more or less, of land
within the herein described boundary according to an actual on the
ground survey made by Smyth Surveyors, Inc. and completed on
November 30, 2022.
Being a boundary survey of 311.94 acres, more or less, of land
lying in Atascosa County, Texas, being out of and parts of G.
Hectorne Survey 1199, Abstract No. 370, W. Morrow Survey 1200,
Abstract No. 589, C. Horton Survey 1201, Abstract No. 380, and E.S.
Harper Survey 1202, Abstract No. 366, being out of and a part of
John T. Horton Ranch, recorded in Slide 25-A of the Atascosa County
New Plat Cabinet, and also being comprised of a composite of those
same certain tracts called Tract III (146.374 acres), Tract IV
(remainder of 184.3 acres), Tract V (101.87 acres), and Tract VI
(57.46 acres) as described in conveyance document to The J W Gorman
Family Partnership, Ltd., recorded in Document Number 137428 of the
Atascosa County Official Public Records, Atascosa County, Texas.
Said 311.94 acres being bounded on the northwest by the fenced
southeasterly margin of F.M. 1470 (Leming Drive); on the northeast
by 11.25 acres, James P. Shone, et ux., Book 857, Page 700 of the
Atascosa County Deed Records; on the southeast by 100 acres,
Carolyn Daniel, Document Number 143664 of the Atascosa County
Official Public Records; and on the southwest by the fenced
northeasterly margin of Strawberry City Road. Said 311.94 acres
being more particularly described by metes and bounds as follows:
(The courses, distances, areas and any coordinates cited herein or
shown on the corresponding survey plat conform to the Texas
Coordinate System, North American Datum 1983, Texas South Central
Zone.) (All corners called for as being set are marked on the ground
with 1/2" diameter rebar with plastic identification caps stamped
"RPLS/6418" attached unless otherwise noted or shown.)
BEGINNING at a 3" diameter pipe 2-way fence corner post
marking the north corner of said 100 acres, and marking the east
corner of the herein described tract;
THENCE: S 18° 52' 45" W, generally with the fence, passing the
ostensible common survey line of said Survey 1200 and said Survey
1201, continuing on the same course for a distance of 3122.32 feet
to a 3" diameter pipe 3-way fence corner post marking the west
corner of said 100 acres, and marking the south corner of the herein
described tract;
THENCE: Generally with the fenced northeasterly margin of
Strawberry City Road and the herein described tract for the
following three (3) calls:
1.) N 71° 46' 34" W, for a distance of 1069.95 feet to a 3"
diameter pipe fence angle post marking a deflection point of the
herein described tract;
2.) N 71° 35' 54" W, for a distance of 405.81 feet to a 3"
diameter pipe fence angle post marking a deflection point of the
herein described tract;
3.) N 70° 56' 03" W, for a distance of 2171.57 feet to a found
leaning TxDOT Type I right-of-way monument at the intersection of
Strawberry City Road and F.M. 1470, and marking a deflection point
of the herein described tract;
THENCE: Generally with the fenced southeasterly margin of
F.M. 1470 and the herein described tract for the following four (4)
calls:
1.) N 26° 01' 40" W, for a distance of 106.32 feet to a found
TxDOT Type II right-of-way monument at a point on the ostensible
common survey line of said Survey 1200 and said Survey 1201, and
marking the west corner of the herein described tract;
2.) N 19° 25' 08" E, with the ostensible common survey line
of said Survey 1200 and said Survey 1201, passing the ostensible
common survey corner of said Survey 1200 and said Survey 1201,
continuing on the same course, at 2898.84 feet passing a found TxDOT
Type II right-of-way monument, continuing on the same course,
passing the ostensible common survey line of said Survey 1200 and
said Survey 1202, continuing on the same course for a total distance
of 4363.12 feet to a found TxDOT Type II right-of-way monument
marking a deflection point of the herein described tract;
3.) N 83° 05' 12" E, for a distance of 66.64 feet to a found
broken TxDOT Type I right-of-way monument marking a deflection
point of the herein described tract;
4.) N 26° 16' 04" E, for a distance of 25.94 feet to a 3"
diameter pipe 3-way fence corner post at a point on the ostensible
common survey line of said Survey 1202 and I. Wautz Survey 1176,
Abstract No. 895, marking a deflection point of said 11.25 acres,
and marking the north corner of the herein described tract;
THENCE: S 35° 21' 31" E, generally with the fence, with the
ostensible common survey line of said Survey 1202 and said Survey
1176, and with the common boundary lines of said 11.25 acres and the
herein described tract for a distance of 1154.04 feet to a 3"
diameter pipe fence angle post marking a deflection point of said
11.25 acres, and marking a deflection point of the herein described
tract;
THENCE: S 56° 44' 15" E, crossing into and across said Tract IV
and said Tract V, crossing the ostensible common survey line of said
Survey 1176 and said Survey 1199, continuing on the same course,
crossing the ostensible common survey line of said Survey 1199 and
said Survey 1200, continuing on the same course for a distance of
2768.17 feet to the Place of Beginning and containing 311.94 acres,
more or less, of land within the herein described boundary, of which
approximately 0.61 acre lie within an unnamed county road (40'
R.O.W.), and of which approximately 2.76 acres lie within Old
Pleasanton & Benton Road (60' R.O.W., platted, and unimproved),
according to an actual on the ground survey made by Smyth Surveyors,
Inc. and completed on September 20, 2022.
Being a boundary survey of 399.52 acres, more or less, of land
lying in Atascosa County, Texas, being out of and parts of S.
Arreola Survey 1120, Abstract No. 37, S. Arreola Survey 1119,
Abstract No. 36, I. Wautz Survey 1175, Abstract No. 896, and M.
Moritz Survey 1292, Abstract No. 586, and also being that same
certain tract called Tract I (400.01 acres) as described in
conveyance document to The J W Gorman Family Partnership, Ltd.,
recorded in Document Number 137428 of the Atascosa County Official
Public Records, Atascosa County, Texas. Said 399.52 acres being
bounded on the southeast by the fenced northwesterly margin of F.M.
1470 (Leming Drive); on the west by 48.24 acres, Maurilio and Diane
Gonzales, Document Number 152961 of the Atascosa County Official
Public Records; on the northwest by the following: 1.) 101.21
acres, Maurilio and Diane Gonzales, Jr., Document Number 152953 of
the Atascosa County Official Public Records, 2.) 94.42 acres,
Maurilio and Diane Gonzales, Document Number 152956 of the Atascosa
County Official Public Records, and 3.) 100.00 acres, David L.
Domsch, Volume 173, Page 690 of the Atascosa Official Public
Records; and on the northeast by the fenced margin of Red Barn Road.
Said 399.52 acres being more particularly described by metes and
bounds as follows: (The courses, distances, areas and any
coordinates cited herein or shown on the corresponding survey plat
conform to the Texas Coordinate System, North American Datum 1983,
Texas South Central Zone.) (All corners called for as being set are
marked on the ground with 1/2" diameter rebar with plastic
identification caps stamped "RPLS/6418" attached unless otherwise
noted or shown.)
BEGINNING at an unmarked corner at a point on the
northwesterly margin of F.M. 1470, marking the southeast corner of
said 48.24 acres, and marking the south corner of the herein
described tract, from which a found TxDOT Type I right-of-way
monument bears S 65° 54' 36" W at a distance of 1453.64 feet;
THENCE: N 07° 18' 28" W, with the common boundary line of said
48.24 acres and the herein described tract, at 0.35 feet passing a
4.5" diameter pipe 3-way fence corner post, continuing on the same
course and now generally with the fence for a total distance of
1240.29 feet to a 3" diameter pipe 3-way fence corner post at a
point on the ostensible common survey line of said Survey 1175 and
S. Arreola Survey 1119, Abstract No. 36, marking a deflection point
of said 48.24 acres, marking the south corner of said 101.21 acres,
and marking an exterior corner of the herein described tract;
THENCE: N 54° 01' 39" E, generally with the fence, with the
ostensible common survey line of said Survey 1175 and said Survey
1119, and with the common boundary line of said 101.21 acres and the
herein described tract, passing the common corner of said 101.21
acres and said 94.42 acres, continuing on the same course and now
with the common boundary line of said 94.42 acres and the herein
described tract for a distance of 2591.83 feet to a 11" diameter
creosote 2-way fence corner post marking the ostensible common
survey corner of said Survey 1175 and said Survey 1119, at a point
on the ostensible southwesterly survey line of said Survey 1120,
marking the east corner of said 94.42 acres, and marking an interior
corner of the herein described tract;
THENCE: N 36° 08' 32" W, generally with the diverging fence,
with the ostensible common survey line of said Survey 1119 and said
Survey 1120, and with the common boundary line of said 94.42 acres
and the herein described tract for a distance of 2093.55 feet to a
found 5/8" diameter rebar with a plastic cap marked "JOHN
HOWARD/RPLS 4611" marking the south corner of said 100.00 acres,
and marking an exterior corner of the herein described tract;
THENCE: N 55° 00' 19" E, with the common boundary line of said
100.00 acres and the herein described tract for a distance of
3594.33 feet to a found 5/8" diameter rebar with a plastic cap
marked "JOHN HOWARD/RPLS 4611" at a point on the southwesterly
margin of Red Barn Road, marking the east corner of said 100.00
acres, and marking the north corner of the herein described tract;
THENCE: S 35° 14' 40" E, generally with the converging fence,
and with the southwesterly margin of Red Barn Road and the herein
described tract for a distance of 1793.52 feet to a 9" diameter
creosote fence angle post marking a deflection point of the herein
described tract;
THENCE: Generally with the fenced margin of Red Barn Road and
the herein described tract for the following four (4) calls:
4.) S 34° 53' 17" E, for a distance of 764.74 feet to a 9"
diameter creosote fence angle post marking a deflection point of
the herein described tract;
5.) S 13° 30' 50" E, passing the ostensible common survey
line of said Survey 1120 and said Survey 1292, continuing on the
same course for a distance of 221.66 feet to an 8" diameter creosote
fence angle post marking a deflection point of the herein described
tract;
6.) S 15° 45' 50" W, for a distance of 584.06 feet to an 8"
diameter creosote fence angle post marking a deflection point of
the herein described tract;
7.) S 18° 08' 23" W, for a distance of 1666.51 feet to a found
TxDOT Type II right-of-way monument at the intersection of Red Barn
Road and F.M. 1470, and marking a deflection point of the herein
described tract;
THENCE: With the fenced northwesterly margin of F.M. 1470 and
the herein described tract for the following two (2) calls:
1.) S 41° 45' 44" W, for a distance of 91.46 feet to an
unmarked corner marking a deflection point of the herein described
tract, from which point a 4.5" diameter pipe fence angle post bears
N 53° 54' 38" W at a distance of 2.48 feet;
2.) S 65° 54' 36" W, passing the ostensible common survey
line of said Survey 1292 and said Survey 1175, continuing on the
same course, at 1137.84 feet passing a found TxDOT Type II
right-of-way monument, continuing on the same course, at 2637.64
feet passing a found TxDOT Type II right-of-way monument,
continuing on the same course, at 3121.06 feet passing a found TxDOT
Type II right-of-way monument, continuing on the same course, at
4637.23 feet passing 1.12 feet to the right of a found TxDOT Type II
right-of-way monument, continuing on the same course, for a total
distance of 4858.45 feet to the Place of Beginning and containing
399.52 acres, more or less, of land within the herein described
boundary, according to an actual on the ground survey made by D. G.
Smyth & Co., Inc. and completed on August 26, 2022.
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) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7957A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7957A.0308 to read as
follows:
Sec. 7957A.0308. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) 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. 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. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.