89R21601 JTZ-F
By: Luther H.B. No. 5694
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fannin County Improvement District
No. 1; 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 C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 4205 to read as follows:
CHAPTER 4205. FANNIN COUNTY IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 4205.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "County" means Fannin County.
(3) "Director" means a board member.
(4) "District" means the Fannin County Improvement
District No. 1.
Sec. 4205.0102. NATURE OF DISTRICT. The Fannin County
Improvement District No. 1 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 4205.0103. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) By creating the district and in authorizing the county
and other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(c) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(d) This chapter and the creation of the district may not be
interpreted to relieve the county from providing the level of
services provided as of the effective date of the Act enacting this
chapter to the area in the district. The district is created to
supplement and not to supplant county services provided in the
district.
Sec. 4205.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) All land and other property included in the district will
benefit from the improvements and services to be provided by the
district under powers conferred by Sections 52 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this chapter.
(b) The district is created to serve a public use and
benefit.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 4205.0105. 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 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 bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 4205.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code; or
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code.
Sec. 4205.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 4205.0108. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 4205.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five voting directors elected or appointed as
provided by this chapter and Subchapter D, Chapter 49, Water Code.
(b) Except as provided by Section 4205.0203, voting
directors serve staggered four-year terms.
Sec. 4205.0202. COMPENSATION. (a) A director is entitled
to receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code.
(b) Sections 375.069 and 375.070, Local Government Code, do
not apply to the board.
Sec. 4205.0203. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district according to the most recent certified tax appraisal roll
for the county may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
temporary voting directors the five persons named in the petition.
The commission shall appoint as temporary voting directors the five
persons named in the petition.
(b) The temporary voting or successor temporary voting
directors shall hold an election to elect five permanent voting
directors as provided by Section 4205.0201.
(c) Temporary voting directors serve until the earlier of:
(1) the date permanent voting directors are elected
under Subsection (b); or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(d) If permanent voting directors have not been elected
under Subsection (b) and the terms of the temporary voting
directors have expired, successor temporary voting directors shall
be appointed or reappointed as provided by Subsection (e) to serve
terms that expire on the earlier of:
(1) the date permanent voting directors are elected
under Subsection (b); or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(e) If Subsection (d) applies, the owner or owners of a
majority of the assessed value of the real property in the district
according to the most recent certified tax appraisal roll for the
county may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
successor temporary voting directors the five persons named in the
petition. The commission shall appoint as successor temporary
voting directors the five persons named in the petition.
Sec. 4205.0204. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 4205.0205. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 4205.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 4205.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
district, using any money available to the district for the
purpose, may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service authorized under this chapter or Chapter 375, Local
Government Code.
(b) The district may contract with a governmental or private
entity to carry out an action under Subsection (a).
(c) The implementation of a district project or service is a
governmental function or service for the purposes of Chapter 791,
Government Code.
Sec. 4205.0303. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county, to provide law enforcement services in the
district for a fee.
Sec. 4205.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 4205.0305. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may engage in activities that accomplish the economic
development purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 4205.0306. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 4205.0307. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 4205.0308. ADDING OR EXCLUDING LAND. The district may
add or exclude land in the manner provided by Subchapter J, Chapter
49, Water Code, or by Subchapter H, Chapter 54, Water Code.
Sec. 4205.0309. NAVIGATION DISTRICT POWERS. (a) The
district has the powers provided by the general law of this state
applicable to navigation districts created under Section 59,
Article XVI, Texas Constitution, including Chapters 60 and 62,
Water Code.
(b) The district may purchase, construct, acquire, own,
operate, maintain, improve, or extend, inside and outside the
district, a canal, waterway, bulkhead, dock, or other improvement
or facility necessary or convenient to accomplish the navigation
purposes of the district.
Sec. 4205.0310. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. ASSESSMENTS
Sec. 4205.0401. PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 4205.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
SUBCHAPTER E. TAXES AND BONDS
Sec. 4205.0501. TAX ELECTION REQUIRED. (a) The district
must hold an election in the manner provided by Chapter 49, Water
Code, or, if applicable, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax.
(b) Section 375.243, Local Government Code, does not apply
to the district.
Sec. 4205.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 4205.0501, the district may impose an
operation and maintenance tax on taxable property in the district
in the manner provided by Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the operation and maintenance
tax rate. The rate may not exceed the rate approved at the
election.
Sec. 4205.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
terms determined by the board.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
Sec. 4205.0504. BONDS SECURED BY REVENUE OR CONTRACT
PAYMENTS. The district may issue, without an election, bonds
secured by:
(1) revenue other than ad valorem taxes, including
contract revenues; or
(2) contract payments, provided that the requirements
of Section 49.108, Water Code, have been met.
Sec. 4205.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
4205.0501, the district may issue bonds payable from ad valorem
taxes.
(b) 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 annual ad valorem tax, without
limit as to rate or amount, for each year that all or part of the
bonds are outstanding as required and in the manner provided by
Sections 54.601 and 54.602, Water Code.
(c) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 4205.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
board may not issue bonds 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 as
required by applicable law.
(b) This section applies only to the district's first
issuance of bonds payable from ad valorem taxes.
SUBCHAPTER I. DISSOLUTION
Sec. 4205.0901. DISSOLUTION. (a) The board shall dissolve
the district on written petition filed with the board by the owners
of at least two-thirds of the assessed value of the property subject
to assessment or taxation by the district based on the most recent
certified county property tax rolls.
(b) The board by majority vote may dissolve the district at
any time.
(c) The district may not be dissolved by its board under
Subsection (a) or (b) if the district:
(1) has any outstanding bonded indebtedness until that
bonded indebtedness has been repaid or defeased in accordance with
the order or resolution authorizing the issuance of the bonds;
(2) has a contractual obligation to pay money until
that obligation has been fully paid in accordance with the
contract; or
(3) owns, operates, or maintains public works,
facilities, or improvements unless the district contracts with
another person for the ownership, operation, or maintenance of the
public works, facilities, or improvements.
(d) Sections 375.261, 375.262, and 375.264, Local
Government Code, do not apply to the district.
SECTION 2. The Fannin County Improvement District No. 1
initially includes all territory contained in the following area:
BEING a 337.65 acre (14,707,855 square feet) tract of land,
situated in the Daniel Davis Survey, Abstract No. 269, John Nail
Survey, Abstract No. 842, William Perrin Survey, Abstract No. 873
and the William Lewis Survey, Abstract No. 649, Fannin County
Texas, and being part of a called 56.605 acre tract of land referred
to as Johnson Family Trust (Tract Ten "Parcel J"), part of a called
57.544 acre tract, (Tract Ten "Parcel I"), part of a called 76 acre
tract, (Tract Ten "Parcel A"), all of a called 39.5 acre tract
(Tract 10 "Parcel B"), part of a called 66.050 acre tract (Tract 10
"Parcel F"), all of a called 55 acre tract (Tract Fourteen), all of
a called 52 acre tract, (Tract Twelve "Parcel B"), all of a called
50 acre tract (Tract Twelve "Parcel C"), part of a called 50 acre
tract (Tract Twelve "Parcel D"), all of a called 2-1/2 acre tract
(Tract Twelve "Parcel E"), described in a Warranty Deed to Loyd D.
Johnson Family Limited Partnership No. One, a Texas Limited
Partnership, as recorded in Volume 1775, Page 129 of the Deed
Records of Fannin County, Texas (D.R.F.C.T.), and being more
particularly described by metes and bounds as follows:
BEGINNING at a 1-1/4-inch steel pipe with a 3-1/4-inch
aluminum disk stamped "RPS 2474" found (herein referred to as a pipe
monument) for the northeast corner of called 35.178 acre tract of
land described in a Warranty Deed to the United States of America
(herein referred to as U.S.A.), as recorded in Volume 247, Page 76,
D.R.F.C.T., same being an interior Ell corner of said Johnson
Family Trust (Tract Ten "Parcel I");
THENCE South 88 degrees 52 minutes 16 seconds West, along the
south line of said Johnson Family Trust (Tract Ten "Parcel I") and
the north line of said 35.178 acre U.S.A. tract, passing at a
distance of 88.12 feet the southwest corner of said Johnson Family
Trust (Tract Ten "Parcel I"), same being the southeast corner of
said Johnson Family Trust (Tract Ten "Parcel J"), continuing for a
total distance of 670.00 feet to a 5/8-inch iron rod with yellow
plastic cap stamped "CP&Y" found for corner;
THENCE North 47 degrees 29 minutes 54 seconds East, departing
the north line of said 35.178 acre U.S.A. tract, over and across
said Johnson Family Trust (Tract Ten "Parcel J") a distance of
756.80 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"CP&Y" found for corner;
THENCE South 62 degrees 33 minutes 08 seconds East,
continuing over and across said Johnson Family Trust (Tract Ten
"Parcel J"), passing at a distance of 16.71 feet the common east
line of said Johnson Family Trust (Tract Ten "Parcel J") and the
west line of said Johnson Family Trust (Tract Ten "Parcel I")
continuing for a distance of 1,038.07 feet to a 5/8-inch iron rod
with yellow plastic cap stamped "CP&Y" found for corner;
THENCE continuing over and across said Johnson Family Trust
(Tract Ten "Parcel I"), the following eight (8) courses and
distances:
1. South 16 degrees 54 minutes 07 seconds East, a distance of
244.25 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"CP&Y" found for corner;
2. South 88 degrees 41 minutes 43 seconds East, a distance of
177.59 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"CP&Y" found for corner;
3. North 41 degrees 45 minutes 40 seconds East, a distance of
242.19 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"CP&Y" found for corner;
4. North 83 degrees 58 minutes 10 seconds East, a distance of 45.49
feet to a 5/8-inch iron rod with yellow plastic cap stamped "STV"
set for corner;
5. South 00 degrees 47 minutes 41 seconds East, a distance of
190.22 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"STV" set for corner;
6. South 06 degrees 53 minutes 05 seconds East, a distance of
485.74 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"STV" set for corner;
7. South 15 degrees 01 minutes 17 seconds East, a distance of
216.44 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"STV" set for corner;
8. South 11 degrees 55 minutes 51 seconds West, a distance of
244.03 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"STV" set for corner in the south line of said Johnson Family Trust
(Tract Ten "Parcel I") and the north line of a called 12.043 acre
tract of land described in a Warranty Deed to the United States of
America, as recorded in Volume 247, Page 77, D.R.F.C.T;
THENCE South 89 degrees 37 minutes 00 seconds West, along the
common south line of said Johnson Family Trust (Tract Ten "Parcel
I") and the north line of said 12.043 acre U.S.A. tract, a distance
of 958.57 feet to a pipe monument found for an Ell corner of said
Johnson Family Trust (Tract Ten "Parcel I") and the northwest
corner of said 12.043 acre U.S.A. tract, same being in the east line
of said Johnson Family Trust (Tract Fourteen);
THENCE South 00 degrees 20 minutes 47 seconds West, along the
common east line of said Johnson Family Trust (Tract Fourteen) and
the west line of said 12.043 acre U.S.A. tract, a distance of 522.81
feet to a pipe monument found for the southwest corner of said
12.043 acre U.S.A. tract and the most westerly northwest corner of
said Johnson Family Trust (Tract Ten "Parcel A");
THENCE North 89 degrees 57 minutes 52 seconds East, along the
south line of said 12.043 acre U.S.A. tract and the north line of
said Johnson Family Trust (Tract Ten "Parcel A"), a distance of
929.80 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"STV" set for corner;
THENCE departing the south line of said 12.043 acre U.S.A.
tract, over and across said Johnson Family Trust (Tract Ten "Parcel
A"), the following seven (7) courses and distances:
1. South 08 degrees 18 minutes 56 seconds West, a distance of
514.40 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"STV" set for corner at the beginning of a non-tangent curve to the
right;
2. Along said non-tangent curve to the right, having a central
angle of 32 degrees 20 minutes 26 seconds, a radius of 258.84 feet,
an arc length of 146.10 feet, and a chord bearing and distance of
South 29 degrees 16 minutes 50 seconds West, 144.17 feet to a
5/8-inch iron rod with yellow plastic cap stamped "STV" set for
corner;
3. South 44 degrees 21 minutes 55 seconds West, a distance of
290.56 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"STV" set for corner;
4. South 19 degrees 32 minutes 27 seconds East, a distance of
289.64 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"STV" set for corner;
5. South 02 degrees 32 minutes 06 seconds East, a distance of
203.28 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"STV" set for corner;
6. South 17 degrees 19 minutes 31 seconds East, a distance of
454.28 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"STV" set for corner;
7. South 43 degrees 45 minutes 41 seconds East, a distance of
352.24 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"STV" set for corner;
THENCE South 00 degrees 17 minutes 50 seconds East,
continuing over and across said Johnson Family Trust (Tract Ten
"Parcel A"), passing at a distance of 10.10 feet the south line of
said Johnson Family Trust (Tract Ten "Parcel A") and the north line
of said Johnson Family Trust (Tract 10 "Parcel B"), passing at a
distance of 881.86 feet the south line of said Johnson Family Trust
(Tract 10 "Parcel B") and the north line of said Johnson Family
Trust (Tract 10 "Parcel F"), continuing for a total distance of
892.05 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"STV" set for corner;
THENCE continuing over and across said Johnson Family Trust
(Tract 10 "Parcel F"), the following four (4) courses and
distances:
1. South 14 degrees 36 minutes 25 seconds West, a distance of
379.78 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"STV" set for corner;
2. South 23 degrees 58 minutes 53 seconds East, a distance of 64.03
feet to a 5/8-inch iron rod with yellow plastic cap stamped "STV"
set for corner;
3. South 29 degrees 52 minutes 51 seconds West, a distance of
313.84 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"STV" set for corner;
4. South 57 degrees 51 minutes 34 seconds West, a distance of
313.21 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"STV" set for corner in the south line of said Johnson Family Trust
(Tract 10 "Parcel F"), same being in the north line of a called
197.621 acre tract of land described in a General Warranty Deed to
Upper Trinity Regional Water District (herein referred to as
U.T.R.W.D.), as recorded in Volume 2140, Page 177, D.R.F.C.T.;
THENCE South 89 degrees 45 minutes 36 seconds West, along the
common south line of said Johnson Family Trust (Tract 10 "Parcel F")
and the north line of said 197.621 acre U.T.R.W.D. tract, a distance
of 1,040.82 feet to a 5/8-inch iron rod with yellow plastic cap
stamped "STV" set for the southwest corner of said Johnson Family
Trust (Tract 10 "Parcel F"), same being the southeast corner of a
called 18.669 acre tract of land described in a Warranty Deed to
Chris Johnson, as recorded in Volume 1434, Page 527, D.R.F.C.T.;
THENCE North 00 degrees 32 minutes 01 seconds East, along the
common west line of said Johnson Family Trust (Tract 10 "Parcel F")
and the east line of said 18.669 acre tract, passing at a distance
of 870.12 feet the northwest corner of said Johnson Family Trust
(Tract 10 "Parcel F") and the southwest corner of said Johnson
Family Trust (Tract 10 "Parcel B"), passing at a distance of
1,747.90 feet the northwest corner of said Johnson Family Trust
(Tract 10 "Parcel B") and an interior Ell corner of said Johnson
Family Trust (Tract Fourteen), continuing for a total distance of
1,897.56 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"STV" set for the northeast corner of said 18.669 acre tract, same
being an interior Ell corner of said Johnson Family Trust (Tract
Fourteen);
THENCE South 89 degrees 18 minutes 36 seconds West, along the
common south line of said Johnson Family Trust (Tract Fourteen) and
Johnson Family Trust (Tract Twelve "Parcel B") and the north line of
said 18.669 acre tract and a called 18.628 acre tract of land
described in a Warranty Deed to the United States of America, as
recorded in Volume 244, Page 408, D.R.F.C.T., a distance of 867.49
feet to a pipe monument found for the northwest corner of said
18.628 acre U.S.A. tract and the northeast corner of a called 9.429
acre tract of land described in a Warranty Deed to the United States
of America, as recorded in Volume 244, Page 402, D.R.F.C.T.;
THENCE North 89 degrees 34 minutes 11 seconds West, along the
common south line of said Johnson Family Trust (Tract Twelve
"Parcel B") and the north line of said 9.429 acre U.S.A. tract, a
distance of 206.43 feet to a pipe monument found for the northwest
corner of said 9.429 acre U.S.A. tract and the northeast corner of a
called 9.369 acre tract of land described in a Warranty Deed to the
United States of America, as recorded in Volume 245, Page 94,
D.R.F.C.T.;
THENCE North 87 degrees 56 minutes 14 seconds West, along the
common south line of said Johnson Family Trust (Tract Twelve
"Parcel B") and the north line of said 9.369 acre U.S.A. tract, a
distance of 214.48 feet to a pipe monument found for the northwest
corner of said 9.369 acre U.S.A. tract, same being in the east line
of a called 26.137 acre tract of land described in a General
Warranty Deed to Upper Trinity Regional Water District, as recorded
in Instrument Number 2021006457 of the Official Public Records of
Fannin County, Texas (O.P.R.F.C.T.);
THENCE along the common south line of said Johnson Family
Trust (Tract Twelve "Parcel B") and (Tract Twelve "Parcel C"), and
the north and east line of said 26.137 acre U.T.R.W.D. tract, the
following five (5) courses and distances:
1. North 00 degrees 11 minutes 07 seconds East, a distance of 19.00
feet to a 5/8-inch iron rod with yellow plastic cap stamped "CP&Y"
found for corner;
2. North 70 degrees 35 minutes 55 seconds West, a distance of
115.00 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"CP&Y" found for corner;
3. North 60 degrees 35 minutes 55 seconds West, passing at a
distance of 69.64 feet the southwest corner of said Johnson Family
Trust (Tract Twelve "Parcel B") and the southeast corner of said
Johnson Family Trust (Tract Twelve "Parcel C"), continuing for a
total distance of a distance of 100.00 feet to a 5/8-inch iron rod
with yellow plastic cap stamped "CP&Y" found for corner;
4. South 88 degrees 24 minutes 05 seconds West, a distance of
440.42 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"CP&Y" found for the northwest corner of said 26.137 acre
U.T.R.W.D. tract, being in the east line of a called 27.660 acre
tract of land described in a Warranty Deed to the United States of
America, as recorded in Volume 246, Page 183, D.R.F.C.T., from
which a 4-inch by 4-inch concrete monument with a Brass Disk stamped
"U.S. (herein referred to as concrete monument) found bears South
12 degrees 25 minutes 17 seconds East, 14.05 feet;
THENCE North 09 degrees 43 minutes 03 seconds West, along the
common south line of said Johnson Family Trust (Tract Twelve
"Parcel C") and the north line of said 27.660 acre U.S.A. tract, a
distance of 20.63 feet to a pipe monument found for corner;
THENCE North 89 degrees 43 minutes 56 seconds West,
continuing along the common south line of said Johnson Family Trust
(Tract Twelve "Parcel C") and the north line of said 27.660 acre
U.S.A. tract, passing at a distance of 487.89 feet the southwest
corner of said Johnson Family Trust (Tract Twelve "Parcel C") and
the southeast corner of said Johnson Family Trust (Tract Twelve
"Parcel D"), continuing for a total distance of 1,084.46 feet to a
5/8-inch iron rod with yellow plastic cap stamped "CP&Y" found for
the northwest corner of said 27.660 acre U.T.R.W.D. tract and the
northeast corner of a called 48.201 acre tract of land described in
a General Warranty Deed to Upper Trinity Regional Water District,
as recorded in Volume 2109, Page 234, D.R.F.C.T., a 4-inch by 4-inch
concrete monument with a Brass Disk stamped "U.S. (herein referred
to as concrete monument) found bears South 10 degrees 37 minutes 16
seconds East, 26.95 feet;
THENCE WEST, along the common south line of said Johnson
Family Trust (Tract Twelve "Parcel D") and the north line of said
48.201 acre U.T.R.W.D. tract, a distance of 812.24 feet to a
5/8-inch iron rod with yellow plastic cap stamped "CP&Y" found for
corner;
THENCE departing said common line, over and across said
Johnson Family Trust (Tract Twelve "Parcel D"), the following three
(3) courses and distances:
1. North 21 degrees 37 minutes 15 seconds East, a distance of
321.50 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"CP&Y" found for corner;
2. North 03 degrees 34 minutes 16 seconds West, a distance of
417.81 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"CP&Y" found for corner;
3. North 35 degrees 50 minutes 37 seconds East, a distance of
964.58 feet to a 5/8-inch iron rod with yellow plastic cap stamped
"CP&Y" found for corner in the north line of said Johnson Family
Trust (Tract Twelve "Parcel D") and the south line of a called
194.7128 acre tract of land described in a Warranty Deed to the
United States of America, as recorded in Volume 248, Page 516,
D.R.F.C.T.;
THENCE South 87 degrees 28 minutes 55 seconds East, along the
common north line of said Johnson Family Trust (Tract Twelve
"Parcel D") and the south line of said 194.7128 acre U.S.A. tract, a
distance of 760.75 feet to a pipe monument found for the northeast
corner of said Johnson Family Trust (Tract Twelve "Parcel D") and
the most southerly southeast corner of said 194.7128 acre U.S.A.
tract, same being in the west line of said Johnson Family Trust
(Tract Twelve "Parcel C");
THENCE North 02 degrees 01 minutes 14 seconds East, along the
west line of said Johnson Family Trust (Tract Twelve "Parcel C") and
the east line of said 194.7128 acre U.S.A. tract, passing at a
distance of 824.76 feet the northwest corner of said Johnson Family
Trust (Tract Twelve "Parcel C") and the southwest corner of said
Johnson Family Trust (Tract Twelve "Parcel E"), continuing for a
total distance of 926.21 feet to a 5/8-inch iron rod with yellow
plastic cap stamped "STV" set for the northwest corner of said
Johnson Family Trust (Tract Twelve "Parcel E") and an interior Ell
corner of said 194.7128 acre
U.S.A. tract;
THENCE North 89 degrees 37 minutes 25 seconds East, along the
common north line of said Johnson Family Trust (Tract Twelve
"Parcel E") and the south line of said 194.7128 acre U.S.A. tract,
passing at a distance of 927.81 feet the northeast corner of said
Johnson Family Trust (Tract Twelve "Parcel E") and the northwest
corner of said Johnson Family Trust (Tract Twelve "Parcel B"),
continuing for a total distance of 993.32 feet to a pipe monument
found for an angle point in said common line;
THENCE South 83 degrees 50 minutes 19 seconds East, along the
common north line of said Johnson Family Trust (Tract Twelve
"Parcel B") and the south line of said 35.178 acre U.S.A. tract, a
distance of 850.64 feet to a pipe monument found for the northeast
corner of said Johnson Family Trust (Tract Twelve "Parcel B") and
the northwest corner of said Johnson Family Trust (Tract Fourteen);
THENCE South 89 degrees 28 minutes 35 seconds East, along the
north line of said Johnson Family Trust (Tract Fourteen) and the
south line of said 35.178 acre U.S.A. tract, a distance of 572.21
feet to a pipe monument found for the southeast corner of said
35.178 acre U.S.A. tract and the southwest corner of said Johnson
Family Trust (Tract Ten "Parcel I");
THENCE North 01 degrees 52 minutes 23 seconds East, along the
west line of said Johnson Family Trust (Tract Ten "Parcel I") and
the east line of said 35.178 acre U.S.A. tract, a distance of
1,134.20 feet to the POINT OF BEGINNING, containing within the
metes recited, an area of 337.65 acres or (14,707,855 square feet)
of land.
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,
lieutenant governor, and 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 have been
fulfilled and accomplished.
SECTION 4. 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, 2025.