By Zbranek H.B. No. 3571
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, financing, and dissolution of the Chambers County
1-4 Improvement District No. 2 and the power of certain entities to
1-5 contract with the district; granting authority to issue bonds.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) There is
1-8 created a special district to be known as the Chambers County
1-9 Improvement District No. 2. The district is a governmental agency,
1-10 a body politic and corporate, and a political subdivision of the
1-11 state.
1-12 (b) The name of the district may be changed by resolution of
1-13 the board at any time so long as the name is descriptive of the
1-14 location and the principal powers of the district.
1-15 (c) The creation of the district is essential to accomplish
1-16 the purposes of Article XVI, Section 59 and Article III, Section
1-17 52-a, of the Texas Constitution and to accomplish the other
1-18 purposes of this Act.
1-19 (d) It is found, determined, and declared that the creation
1-20 of the district and granting it the power, means, and measures
1-21 authorized by this Act will further promote and enhance the health,
1-22 safety, and general welfare of the persons and property interests
1-23 of this state.
1-24 (e) It is further hereby found, determined, and declared:
2-1 (1) that the present and prospective right to gainful
2-2 employment and the general welfare of the people of this state
2-3 require as a public purpose the promotion and development of new
2-4 and expanded industrial and manufacturing enterprises, and the
2-5 preservation of existing industrial and manufacturing enterprises;
2-6 (2) that the existence, development, and expansion of
2-7 industry are essential to the economic growth of the state and to
2-8 the full employment, welfare, and prosperity of its citizens;
2-9 (3) that creation of the district and granting it the
2-10 powers, means, and measures authorized by this Act, including the
2-11 power to levy taxes, impose zoning regulations and other
2-12 regulations, and acquire property by purchase, lease, or eminent
2-13 domain:
2-14 (A) are in the public interest and serve a
2-15 public purpose of the state in promoting the welfare of the
2-16 citizens of the state economically by securing and retaining
2-17 private, industrial, and manufacturing enterprises resulting in the
2-18 maintenance of a higher level of employment, economic activity, and
2-19 stability;
2-20 (B) will diversify the economy of the state and
2-21 the district and help to eliminate unemployment or underemployment
2-22 in the state and the district; and
2-23 (C) will promote transportation of commercial
2-24 products in the state;
2-25 (D) will preserve, maintain, and enhance the
2-26 economic health and vitality of the area in the district as a
2-27 business and industrial center; and
3-1 (E) will preserve and conserve the natural
3-2 resources of the state, including specifically the salt dome area
3-3 proposed to be included within or adjacent to the districts
3-4 boundaries.
3-5 (f) The district will not act as the agent or
3-6 instrumentality of a private interest even though many private
3-7 interests will be benefitted by the district, as will the general
3-8 public.
3-9 (g) The legislature finds, determines, and intends that by
3-10 creating the district it has established a program to accomplish
3-11 the public purposes set out in Article III, Section 52-a, of the
3-12 Texas Constitution.
3-13 (h) The legislature finds that all of the land and other
3-14 property included within the boundaries of the district will be
3-15 benefitted by the creation of the district under powers conferred
3-16 by Article XVI, Section 59 and Article III, Section 52-1, of the
3-17 Texas Constitution, and other powers granted under this Act, and
3-18 that the district is created to serve a public use and benefit.
3-19 (i) This Act shall be liberally construed in conformance
3-20 with the legislative findings and purposes of this Act.
3-21 SECTION 2. DEFINITIONS. In this Act:
3-22 (a) "board" means the board of directors of the district.
3-23 (b) "city" means the City of Mont Belvieu, Texas.
3-24 (c) "county" means Chambers County, Texas.
3-25 (d) "district" means Chambers County Improvement District
3-26 No. 2.
3-27 (e) "nonconforming property" means property which is used or
4-1 proposed to be used for purposes which are not in conformity with
4-2 the district's zoning regulations or comprehensive plan.
4-3 (f) "purchase program" means the purchase of nonconforming
4-4 property pursuant to Section 7(c) of this Act.
4-5 (g) "zoning regulations" means zoning regulations adopted by
4-6 the board pursuant to the provisions of this Act and Chapter 211,
4-7 Local Government Code.
4-8 SECTION 3. BOUNDARIES. (a) The district includes all of
4-9 the territory contained within the following described area:
4-10 BEING 4,384.0971 acres of land lying in Chambers County,
4-11 Texas and being described by the metes and bounds as follows;
4-12 BEGINNING at a point in the centerline of Cedar Bayou for the
4-13 Southwest corner of the W. D. Smith Survey, Abstract Number 24 and
4-14 in the North line of the William Bloodgood League, Abstract Number
4-15 4. For a corner and being the POINT OF BEGINNING of this tract of
4-16 land, having a State Plane Coordinate System Value of Y =
4-17 751,472.63 and X = 3,288,346.48.
4-18 THENCE N 77 07'35" E with the a North line of this tract of
4-19 land, the North line of said Bloodgood League, and the South line
4-20 of said Smith Survey a distance of 3825.40 feet to a point for a
4-21 corner of this tract of land, and the Northwest corner of the
4-22 Chambers County Appraisal District (C.C.A.D.) Tracts 4-8-0 thru 8;
4-23 THENCE S 12 41'43" E with the West line of this tract of
4-24 land, the West line of C.C.A.D. Tract 4-8-0 thru 8, and the East
4-25 line of C.C.A.D. Tract 4-9-0 a distance of 313.12 feet to a point
4-26 for a corner of this tract of land, the Southwest corner of
4-27 C.C.A.D. Tract 4-8-0 thru 8, the Southeast corner of C.C.A.D. Tract
5-1 4-9-0, and in the North line of C.C.A.D. Tract 4-14-0;
5-2 THENCE N 78 55'40" E with a South line of this tract of land,
5-3 the South line of C.C.A.D. Tract 4-8-0 thru 8, and the North line
5-4 of C.C.A.D. Tract 4-14-0 a distance of 636.08 feet to a point for a
5-5 corner of this tract of land, the Southeast corner of C.C.A.D.
5-6 Tract 4-8-0 thru 8, the Northeast corner of C.C.A.D. Tract 4-14-0,
5-7 and in the West line of C.C.A.D. Tracts 4-6A-0 and 4-6B-0;
5-8 THENCE N 10 15'35" W with a East line of this tract of land,
5-9 the East line of C.C.A.D. Tract 4-8-0 thru 8 and the West line of
5-10 C.C.A.D. Tracts 4-6A-0 and 4-6B-0 a distance of 333.46 feet to a
5-11 point for a corner of this tract of land, the Northeast corner of
5-12 C.C.A.D. Tract 4-8-0 thru 8, the Northwest corner of C.C.A.D.
5-13 Tracts 4-6A-0 and 4-6B-0, in the North line of the Bloodgood
5-14 Survey, and in the South line of the Smith Survey;
5-15 THENCE N 77 30'20" E with a North line of this tract of land,
5-16 the North line of C.C.A.D. Tracts 4-6A-0 and 4-6B-0, the North line
5-17 of said Bloodgood League, and the South line of said Smith Survey a
5-18 distance of 2737.54 feet to a point for a corner of this tract of
5-19 land, the Northeast corner of C.C.A.D. Tracts 4-6A-0 and 4-6B-0,
5-20 and the Northwest corner of C.C.A.D. Tract 4-5-0;
5-21 THENCE S 12 14'31" E with a West line of this tract of land,
5-22 the West line of C.C.A.D. Tract 4-5-0, and the East line of
5-23 C.C.A.D. Tracts 4-6A-0 and 4-6B-0 a distance of 1002.08 feet to a
5-24 point for a corner of this tract of land, the Southwest corner of
5-25 C.C.A.D. Tract 4-5-0, the Southeast corner of C.C.A.D. Tracts
5-26 4-6A-0 and 4-6B-0, and in the North line of C.C.A.D. Tract 4-38-1;
5-27 THENCE N 77 43'57" E with a South line of this tract of land,
6-1 the South line of C.C.A.D. Tract 4-5-0 and the North line of
6-2 C.C.A.D. Tract 4-38-1 a distance of 221.52 feet to a point for a
6-3 corner of this tract of land, the Northeast corner of C.C.A.D.
6-4 Tract 4-38-1, and the Northwest corner of C.C.A.D. Tracts 4-32-0,
6-5 4-32B-0 and 4-32D-0;
6-6 THENCE S 12 36'40" E with a East line of this tract of land,
6-7 the East line of C.C.A.D. Tract 4-38-1, and the West line of
6-8 C.C.A.D. Tracts 4-32-0, 4-32B-0 and 4-32D-0 a distance of 162.55
6-9 feet to a point for a corner of this tract of land, the Southeast
6-10 corner of C.C.A.D. Tract 4-38-1, and the Northeast corner of
6-11 C.C.A.D. Tract 4-26-0;
6-12 THENCE S 77 43'27" W with a South line of this tract of land,
6-13 the South line of C.C.A.D. Tract 4-38-1 and the North line of
6-14 C.C.A.D. Tract 4-26-0 a distance of 947.05 feet to a point for a
6-15 corner of this tract of land, the Southwest corner of C.C.A.D.
6-16 Tract 4-38-1, the Northwest corner of C.C.A.D. Tract 4-26-0, and in
6-17 the East line of C.C.A.D. Tracts 4-23-1 and 4-24B-0;
6-18 THENCE S 12 34'55" E with a West line of this tract of land,
6-19 the West line of C.C.A.D. Tracts 4-26-0, 4-27-0, 4-28-0, 4-29-0,
6-20 4-29-1 thru 5, 4-30-0 and 4-31-0, and the East line of C.C.A.D.
6-21 Tracts 4-23-1 and 4-24B-0 a distance of 975.64 feet to a point for
6-22 a corner of this tract of land, the Southwest corner of C.C.A.D.
6-23 Tract 4-31-0, the Northwest corner of C.C.A.D. Tract 4-58A-0, and a
6-24 corner of C.C.A.D. Tracts 4-23-1 and 4-24B-0;
6-25 THENCE N 78 11'13" E with a South line of this tract of land,
6-26 the South line of C.C.A.D. Tract 4-31-0 and the North line of
6-27 C.C.A.D. Tract 4-58A-0 a distance of 1133.92 feet to a point for a
7-1 corner of this tract of land, the Northeast corner of C.C.A.D.
7-2 Tract 4-58A-0, the Northwest corner of C.C.A.D. Tract 4-56-0, and
7-3 in the South line of C.C.A.D. Tracts 4-32-0, 4-32B-0 and 4-32D-0.
7-4 THENCE N 77 46'15" E with a South line of this tract of land,
7-5 the South line of C.C.A.D. Tracts 4-32-0, 4-32B-0 and 4-32D-0, and
7-6 the North line of C.C.A.D. Tract 4-56-0 a distance of 118.57 feet
7-7 to a point for a corner of this tract of land, the Southeast corner
7-8 of C.C.A.D. Tracts 4-32-0, 4-32B-0 and 4-32D-0, and the Southwest
7-9 corner of C.C.A.D. Tract 4-37-0;
7-10 THENCE N 12 33'54" W with a East line of this tract of land,
7-11 the East line of C.C.A.D. Tract 4-32-0, 4-32B-0 and 4-32D-0, and
7-12 the West line of C.C.A.D. Tract 4-37-0 a distance of 521.69 feet
7-13 to a point for a corner of this tract of land, the Northwest corner
7-14 of C.C.A.D. Tract 4-37-0, and the Southwest corner of C.C.A.D.
7-15 Tracts 4-36(A thru C)-0;
7-16 THENCE N 77 50'15" E with a South line of this tract of land,
7-17 the South line of C.C.A.D. Tracts 4-36(A thru C)-0 and the North
7-18 line of C.C.A.D. Tract 4-37-0 a distance of 1253.56 feet to a point
7-19 for a corner of this tract of land, the Northeast corner of
7-20 C.C.A.D. Tract 4-37-0, the Southeast corner of C.C.A.D. Tracts
7-21 4-36(A thru C)-0, and in the West line of C.C.A.D. Tract 4-25A-0;
7-22 THENCE N 12 36'45" W with a East line of this tract of land,
7-23 the East line of C.C.A.D. Tracts 4-36(A thru C)-0 and the West line
7-24 of C.C.A.D. Tract 4-25A-0 a distance of 142.67 feet to a point for
7-25 a corner of this tract of land, the Northeast corner of C.C.A.D.
7-26 Tracts 4-36(A thru C)-0, the Southeast corner of C.C.A.D. Tract
7-27 4-35-0;
8-1 THENCE S 77 50'15" W with a North line of this tract of land,
8-2 the North line of C.C.A.D. Tracts 4-36(A thru C)-0 and the South
8-3 line of C.C.A.D. Tract 4-35-0 a distance of 626.40 feet to a point
8-4 for a corner of this tract of land, a corner of C.C.A.D. Tracts
8-5 4-36(A thru C)-0, and the Southwest corner of C.C.A.D. Tract
8-6 4-35-0;
8-7 THENCE N 12 58'41" W with a East line of this tract of land,
8-8 the East line of C.C.A.D. Tracts 4-36(A thru C)-0 and the West line
8-9 of C.C.A.D. Tract 4-35-0 a distance of 69.38 feet to a point for a
8-10 corner of this tract of land, the Northwest corner of C.C.A.D.
8-11 Tract 4-35-0, the Northeast corner of C.C.A.D. Tracts 4-36(A thru
8-12 C)-0 and in the South line of C.C.A.D. Tract 4-34-0;
8-13 THENCE S 77 50'15" W with a North line of this tract of land,
8-14 the North line of C.C.A.D. Tracts 4-36(A thru C)-0 and the South
8-15 line of C.C.A.D. Tract 4-34-0 a distance of 626.56 feet to a point
8-16 for a corner of this tract of land, the Northwest corner of
8-17 C.C.A.D. Tracts 4-36(A thru C)-0, the Southwest corner of C.C.A.D.
8-18 Tract 4-34-0 and in the East line of C.C.A.D. Tracts 4-32-0,
8-19 4-32B-0 and 4-32D-0;
8-20 THENCE N 12 34'14" W with a East line of this tract of land,
8-21 the East line of C.C.A.D. Tracts 4-32-0, 4-32B-0 and 4-32D-0, and
8-22 the West line of C.C.A.D. Tract 4-34-0 a distance of 251.36 feet
8-23 to a point for a corner of this tract of land, the Northwest corner
8-24 of C.C.A.D. Tract 4-34-0, and the Southwest corner of C.C.A.D.
8-25 Tract 4-33-0;
8-26 THENCE N 77 38'33" E with a South line of this tract of land,
8-27 the South line of C.C.A.D. Tract 4-33-0 and the North line of
9-1 C.C.A.D. Tract 4-34-0 a distance of 1253.34 feet to a point for a
9-2 corner of this tract of land, the Northeast corner of C.C.A.D.
9-3 Tract 4-34-0, the Southeast corner of C.C.A.D. Tract 4-33-0, and in
9-4 the West line of C.C.A.D. Tract 4-38-0;
9-5 THENCE N 12 35'22" W with a East line of this tract of land,
9-6 the East line of C.C.A.D. Tract 4-33-0 and the West line of
9-7 C.C.A.D. Tract 4-38-0 a distance of 162.78 feet to a point for a
9-8 corner of this tract of land, the Northeast corner of C.C.A.D.
9-9 Tract 4-33-0, the Northwest corner of C.C.A.D. Tract 4-38-0, and in
9-10 the South line of C.C.A.D. Tract 4-4-0;
9-11 THENCE N 77 37'47" E with a South line of this tract of land,
9-12 the South line of C.C.A.D. Tract 4-4-0, and the North line of
9-13 C.C.A.D. Tract 4-38-0 a distance of 100.84 feet to a point for a
9-14 corner of this tract of land;
9-15 THENCE N 33 21'31" W with a West line of this tract of land,
9-16 the West line of the Approximate Limits of the Mont Belvieu Salt
9-17 Dome and across C.C.A.D. Tract 4-4-0 a distance of 684.13 feet to
9-18 a point for a corner of this tract of land;
9-19 THENCE N 29 04'15" W with a West line of this tract of land,
9-20 the West line of the Approximate Limits of the Mont Belvieu Salt
9-21 Dome and across C.C.A.D. Tract 4-4-0, at 380.74 feet cross the
9-22 North line of C.C.A.D. Tract 4-4-0, the North line of said
9-23 Bloodgood Survey, the South line of C.C.A.D. Tracts 24-11-1 thru
9-24 13, and the South line of the Smith Survey, continuing along this
9-25 line and across C.C.A.D. Tracts 24-11-1 thru 13, at 1179.19 feet
9-26 cross the East line of C.C.A.D. Tracts 24-11-1 thru 13 and the West
9-27 line of C.C.A.D. Tract 24-1-3, continuing along this line and
10-1 across said C.C.A.D. Tract 24-1-3 a total distance of 1563.89 feet
10-2 to a point for a corner of this tract of land, in the North line of
10-3 C.C.A.D. Tract 24-1-3 and in the South line of C.C.A.D. Tracts
10-4 24-9-1 and 24-9-3.
10-5 THENCE S 77 14'14" W with a North line of this tract of land,
10-6 the North line of C.C.A.D. Tract 24-1-3 and the South line of
10-7 C.C.A.D. Tracts 24-9-1 and 24-9-3 a distance of 9086.19 feet to a
10-8 point in the centerline of said Cedar Bayou for a corner of this
10-9 tract of land, the Northwest corner of C.C.A.D. Tract 24-1-3, and
10-10 the Southwest corner of C.C.A.D. Tracts 24-9-1 and 24-9-3;
10-11 THENCE in a Northerly direction with the centerline of Cedar
10-12 Bayou and the West line of this tract of land the following
10-13 courses:
10-14 (1) N 11 52'00" E, a distance of 119.72 feet,
10-15 (2) N 00 21'00" W, a distance of 75.00 feet,
10-16 (3) N 28 14'00" W, a distance of 57.00 feet,
10-17 (4) N 48 09'00" W, a distance of 20.00 feet,
10-18 (5) N 73 42'00" W, a distance of 60.00 feet,
10-19 (6) N 61 37'00" W, a distance of 83.00 feet,
10-20 (7) N 37 16'00" W, a distance of 87.00 feet,
10-21 (8) N 25 30'00" E, a distance of 21.00 feet,
10-22 (9) N 30 20'00" W, a distance of 44.00 feet,
10-23 (10) N 84 06'00" W, a distance of 61.00 feet,
10-24 (11) S 77 25'00" W, a distance of 124.00 feet,
10-25 (12) N 76 52'31" W, a distance of 68.74 feet;
10-26 THENCE N 77 14'14" E with a South line of this tract of land,
10-27 the North line of C.C.A.D. Tract 24-9-2, and the South line of
11-1 24-8-1 thru 2 and 24-8-4 thru 5 a distance of 4895.46 feet to a
11-2 point for a corner of this tract of land, the Southwest corner of
11-3 C.C.A.D. Tract 24-8-3;
11-4 THENCE N 35 21'00" W with a West line of this tract of land,
11-5 the West line of C.C.A.D. Tract 24-8-3 and an interior line of
11-6 C.C.A.D. Tracts 24-8-1 thru 2 and 24-8-4 thru 5 a distance of 27.08
11-7 feet to a point for a corner of this tract of land, the Northwest
11-8 corner of C.C.A.D. Tract 24-8-3, and an interior corner of C.C.A.D.
11-9 Tracts 24-8-1 thru 2 and 24-8-4 thru 5;
11-10 THENCE N 77 14'14" E with a South line of this tract of land,
11-11 the South line of C.C.A.D. Tracts 24-8-1 thru 2 and 24-8-4 thru 5,
11-12 and the North line of C.C.A.D. Tract 24-8-3 a distance of 3626.66
11-13 feet to a point for a corner of this tract of land, the Northeast
11-14 corner of C.C.A.D. Tract 24-8-3, and an interior corner of C.C.A.D.
11-15 Tracts 24-8-1 thru 2 and 28-8-4 thru 5;
11-16 THENCE S 22 08'19" E with a East line of this tract of land,
11-17 the East line of C.C.A.D. Tract 24-8-3 and an interior line of
11-18 C.C.A.D. Tracts 24-8-1 thru 2 and 24-8-4 thru 5 a distance of 25.34
11-19 feet to a point for a corner of this tract of land, the Southeast
11-20 corner of C.C.A.D. Tract 24-8-3, a corner of C.C.A.D. Tracts 24-8-1
11-21 thru 2 and 24-8-4 thru 5, and in the North line of C.C.A.D. Tracts
11-22 24-9-1 and 24-9-3;
11-23 THENCE N 77 14'14" E with a South line of this tract of land,
11-24 the South line of C.C.A.D. Tracts 24-8-1 thru 2 and 24-8-4 thru 5,
11-25 and the North line of C.C.A.D. Tracts 24-9-1 and 24-9-3 a distance
11-26 of 1062.37 feet to a point for a corner of this tract of land, the
11-27 Northeast corner of C.C.A.D. Tracts 24-9-1 and 24-9-3, the
12-1 Southeast corner of C.C.A.D. Tracts 24-8-1 thru 2 and 24-8-4 thru
12-2 5, and in the West line of C.C.A.D. Tracts 24-1-2 and 24-1-2(A thru
12-3 C);
12-4 THENCE N 33 07'34" W with a West line of this tract of land,
12-5 the East line of C.C.A.D. Tracts 24-8-1 thru 2, 24-8-4 thru 5,
12-6 24-7-1, 24-6-1 thru 2, and 24-6-0, and the West Line of C.C.A.D.
12-7 Tracts 24-1-2, 24-1-2(A thru C), and 24-2-1 a distance of 1534.51
12-8 feet to a point for a corner of this tract of land, the Northeast
12-9 corner of C.C.A.D. Tract 24-6-0, the Southeast corner of C.C.A.D.
12-10 Tracts 24-5-1 thru 3, and in the West line of C.C.A.D. Tract
12-11 24-2-1;
12-12 THENCE S 77 12'00" W with a North line of this tract of land,
12-13 the North line of C.C.A.D. Tract 24-6-0, and the South line of
12-14 C.C.A.D. Tract 24-5-1 thru 3 a distance of 7688.74 feet to a point
12-15 for a corner of this tract of land, the Northwest corner of
12-16 C.C.A.D. Tract 24-6-0, and the Northeast corner of C.C.A.D. Tracts
12-17 24-6A-0 thru 1 and 24-6B-0;
12-18 THENCE S 12 48'00" E with a West line of this tract of land,
12-19 the West line of C.C.A.D. Tract 24-6-0, and the East line of
12-20 C.C.A.D. Tracts 24-6A-0 thru 1, 24-6B-0, and 24-6-0 thru 2 a
12-21 distance of 944.70 feet to a point for a corner of this tract of
12-22 land, the Southwest corner of 24-6-1 thru 2, the Southeast corner
12-23 of C.C.A.D. Tracts 24-6-0 thru 2, and in the North line of C.C.A.D.
12-24 Tract 24-8-1.
12-25 THENCE S 77 12'00" W with a South line of this tract of land,
12-26 the South line of C.C.A.D. Tracts 24-6-0 thru 2, and the North line
12-27 of C.C.A.D. Tract 24-8-1 a distance of 2668.77 feet to a point in
13-1 the centerline of said Cedar Bayou for a corner of this tract of
13-2 land, the Northwest corner of C.C.A.D. Tract 24-8-1, and the
13-3 Southwest corner of C.C.A.D. Tracts 24-6-0 thru 2;
13-4 THENCE in a Northerly direction with the centerline of Cedar
13-5 Bayou and the West line of this tract of land the following
13-6 courses:
13-7 (1) N 81 38'00" W, a distance of 44.47 feet,
13-8 (2) N 17 17'00" W, a distance of 273.67 feet,
13-9 (3) N 11 38'22" E, a distance of 98.50 feet,
13-10 (4) N 65 19'16" E, a distance of 183.60 feet,
13-11 (5) N 82 31'55" E, a distance of 205.14 feet,
13-12 (6) N 31 27'53" E, a distance of 37.86 feet,
13-13 (7) N 16 16'46" W, a distance of 41.13 feet,
13-14 (8) N 42 19'34" W, a distance of 185.91 feet,
13-15 (9) N 42 14'40" W, a distance of 25.65 feet,
13-16 (10) N 72 57'30" W, a distance of 311.47 feet,
13-17 (11) N 67 04'00" W, a distance of 323.99 feet,
13-18 (12) N 01 54'55" W, a distance of 227.80 feet,
13-19 (13) N 01 55'00" W, a distance of 48.64 feet,
13-20 (14) N 55 55'30" W, a distance of 197.31 feet,
13-21 (15) N 21 42'00" E, a distance of 204.96 feet,
13-22 (16) N 29 52'00" W, a distance of 211.54 feet,
13-23 (17) N 16 13'00" E, a distance of 162.67 feet,
13-24 (18) N 54 26'00" W, a distance of 179.69 feet,
13-25 (19) N 40 31'00" W, a distance of 213.69 feet,
13-26 (20) N 65 32'30" E, a distance of 392.47 feet to a
13-27 point for a corner in the South line of F.M. Highway 1942, 100 foot
14-1 right of way;
14-2 THENCE in a Northeasterly direction with a North line of this
14-3 tract of land, and the South line of F.M. 1942 the following
14-4 courses to right-of-way monuments:
14-5 (1) N 77 24'35" E, a distance of 144.94 feet,
14-6 (2) N 76 27'56" E, a distance of 1353.69 feet,
14-7 (3) N 76 57'17" E, a distance of 765.30 feet,
14-8 (4) N 76 44'00" E, a distance of 1703.32 feet,
14-9 (5) N 77 25'34" E, a distance of 4097.91 feet;
14-10 THENCE N 77 35'00" E with a North line of this tract of land,
14-11 and the South line of F.M. 1942 a distance of 1656.04 feet to a
14-12 point for a corner of this tract of land;
14-13 THENCE N 12 17'39" W with a West line of this tract of land
14-14 and across F.M. 1942, at 97.35 feet cross the intersection point
14-15 of the North line of F.M. 1942 and the East line of Hatcherville
14-16 Road (70 foot right of way), in all a total distance of 1160.98
14-17 feet to a point for a corner of this tract of land in the East line
14-18 of said Hatcherville Road;
14-19 THENCE N 12 17'40" W with a West line of this tract of land
14-20 and the East line of Hatcherville Road a distance of 366.42 feet to
14-21 a point for a corner of this tract of land;
14-22 THENCE N 14 47'31" W with a West line of this tract of land
14-23 and the East line of Hatcherville Road a distance of 1444.49 feet
14-24 to a point for a corner of this tract of land, the Northwest corner
14-25 of a 117.469 acre Enterprise Product Company tract of land, and a
14-26 Southwest corner of the Residue of a 572.51 acre tract of land
14-27 conveyed to J. R. Barber;
15-1 THENCE N 57 22'27" E with a North line of this tract of land,
15-2 the North line of said 117.469 acre Enterprise tract of land, and
15-3 the South line of said Residue of 572.51 acre Barber tract a
15-4 distance of 3334.07 feet to a point for a corner of this tract of
15-5 land, the Northeast corner of said 117.469 acre Enterprise tract of
15-6 land, the Southeast corner of said Residue of 572.51 acre Barber
15-7 tract of land, and in the West line of the Southern Pacific
15-8 Railroad 100 foot right of way;
15-9 THENCE N 07 20'00" W with a East line of this tract of land,
15-10 the East line of said Residue of 572.51 acre Barber tract of land
15-11 and the West line of said Southern Pacific Railroad a distance of
15-12 1477.86 feet to a point for a corner of this tract of land, the
15-13 Northeast corner of said Residue of 572.51 acre Barber tract of
15-14 land and the Southeast corner of a 487.009 acre Exxon Corporation
15-15 tract of land;
15-16 THENCE S 66 22'27" W with a South line of this tract of land,
15-17 the South line of said 487.009 acre Exxon tract of land and the
15-18 North line of said Residue of 572.51 acre Barber tract of land a
15-19 distance of 3407.63 feet to a point for a corner of this tract of
15-20 land, the Southwest corner of said 487.009 acre Exxon tract of
15-21 land, the Northwest corner of said Residue of 572.51 acre Barber
15-22 tract of land and in the East line of Hatcherville Road;
15-23 THENCE in a Northerly direction with a West line of this
15-24 tract, the West line of said 487.009 acre Exxon tract of land and
15-25 the East line of Hatcherville Road the following courses:
15-26 (1) N 14 18'07" W, a distance of 1753.93 feet,
15-27 (2) N 13 22'14" W, a distance of 2541.42 feet to a
16-1 point for a corner of this tract of land, a corner of said 487.009
16-2 acre Exxon tract in the North line of Hatcherville Road;
16-3 THENCE S 84 54'10" W with a North line of this tract of land,
16-4 a North line of said 487.009 acre Exxon tract of land and the North
16-5 line of Hatcherville Road a distance of 48.65 feet to a point for a
16-6 corner of this tract of land and a corner of said 487.009 acre
16-7 Exxon tract of land;
16-8 THENCE in a Northerly direction with a North line of this
16-9 tract and the North line of said 487.009 acre Exxon tract of land
16-10 the following courses:
16-11 (1) N 14 43'52" E, a distance of 1968.18 feet,
16-12 (2) N 58 30'34" E, a distance of 1013.40 feet to a
16-13 corner of this tract of land, in the North line of Chambers County,
16-14 and in the South line of Liberty County;
16-15 THENCE N 87 16'04" E with a North line of this tract, the
16-16 North line of said Chambers County, the South line of said Liberty
16-17 County, and across said 487.009 acre Exxon tract a distance of
16-18 2142.40 feet to a corner of this tract of land, in the East line of
16-19 said 487.009 acre Exxon tract, and in the West line of said
16-20 Southern Pacific Railroad;
16-21 THENCE S 07 20'00" E with a East line of this tract of land,
16-22 a East line of said 487.009 acre Exxon tract and the West line of
16-23 said Southern Pacific Railroad a distance of 3086.64 feet to a
16-24 point for a corner of this tract of land, in the Southeast line of
16-25 the J.P. Hatcher Survey, Abstract Number 661, and the Northwest
16-26 line of the T. & N. O. RR. Co. Section Number 1 Survey, Abstract
16-27 Number 503;
17-1 THENCE N 57 42'18" E with a Northwest line of this tract, the
17-2 Northwest line of said T. & N. O. RR. Co. Survey, the Southeast
17-3 line of said Hatcher Survey and across said Southern Pacific
17-4 Railroad a distance of 172.74 feet to a point for a corner of this
17-5 tract of land and in the East line of said Southern Pacific
17-6 Railroad;
17-7 THENCE in a Southerly direction with a East line of this
17-8 tract of land and the east line of said Southern Pacific Railroad
17-9 the following courses:
17-10 (1) S 32 11'00" E, a distance of 625.82 feet,
17-11 (2) S 07 20'00" E, a distance of 3902.28 feet,
17-12 (3) S 82 40'00" W, a distance of 220.00 feet,
17-13 (4) S 37 40'00" W, a distance of 70.71 feet,
17-14 (5) S 07 20'00" E, at 1324.05 feet cross the Southeast
17-15 line of said T. & N. O. RR. Co. Survey, the Northwest line of the
17-16 Henry Griffith League, Abstract Number 12, and the Northwest corner
17-17 of C.C.A.D. Tract 12-7A-0, in all a total distance of 1721.89 feet
17-18 to a corner of this tract of land, in the West line of C.C.A.D.
17-19 Tract 12-7A-0, and the North corner of C.C.A.D. Tract 12-8B-0;
17-20 THENCE S 33 22'55" E with a East line of this tract of land,
17-21 the East line of C.C.A.D. Tract 12-7A-0, and the West line of
17-22 C.C.A.D. Tract 12-7A-0 a distance of 355.61 feet to a point for a
17-23 corner of this tract of land, and in the Northwest line of the
17-24 Approximate Limits of the Mont Belvieu Salt Dome;
17-25 THENCE in a Easterly direction with a Northwest line of this
17-26 tract of land, the Northwest limits line of said Salt Dome, and
17-27 across C.C.A.D. Tracts 12-7A-0, 12-6-1, 12-5A-0, 12-4A-0, 12-3A-0,
18-1 12-2A-0 and 12-240B-0 the following courses:
18-2 (1) N 38 40'42" E, a distance of 519.31 feet,
18-3 (2) N 57 06'46" E, a distance of 1048.92 feet,
18-4 (3) N 70 21'31" E, a distance of 993.85 feet,
18-5 (4) N 70 21'26" E, a distance of 161.43 feet,
18-6 (5) N 77 54'47" E, a distance of 1112.72 feet,
18-7 (6) S 88 24'35" E, a distance of 932.98 feet,
18-8 (7) S 68 00'09" E, a distance of 256.67 feet to a
18-9 point for a corner of this tract of land, in the Southeast line of
18-10 said C.C.A.D. Tract 12-240B-0, and in the Northwest line of
18-11 C.C.A.D. Tract 12-241B-0;
18-12 THENCE N 57 11'08" E with the Northwest line of this tract of
18-13 land, the Northwest line of said C.C.A.D. Tract 12-241B-0, and the
18-14 Southeast line of said C.C.A.D. Tract 12-240B-0 a distance of
18-15 980.34 feet to a point for a corner of this tract of land, the
18-16 North corner of said C.C.A.D. Tract 12-241B-0, and the East corner
18-17 of said C.C.A.D. Tract 12-240B-0, in the Southwest line of the
18-18 Coastal Industrial Water Authority Canal (CIWA);
18-19 THENCE S 64 51'27" E with the Northeast line of this tract of
18-20 land, the Northeast line of said C.C.A.D. Tract 12-241B-0 and the
18-21 Southwest line of said CIWA canal a distance of 2361.73 feet to a
18-22 point for a corner of this tract of land, the East corner of said
18-23 C.C.A.D. Tract 12-241B-0 and in the Northwest line of C.C.A.D.
18-24 Tract 12-243A-0;
18-25 THENCE S 42 27'14" W with the Southeast line of this tract of
18-26 land, the Southeast line of said C.C.A.D. Tract 12-241B-0 and the
18-27 Northwest line of C.C.A.D. Tract 12-243A-0 a distance of 85.40 feet
19-1 to a point for a corner of this tract of land, a corner of said
19-2 C.C.A.D. Tract 12-241B-0, the West corner of C.C.A.D. Tract
19-3 12-243A-0 and in the North line of C.C.A.D. Tract 12-224-1 thru 9;
19-4 THENCE S 87 13'14" W with a South line of this tract of land,
19-5 the South line of C.C.A.D. Tract 12-241B-0, the North line of
19-6 C.C.A.D. Tracts 12-24-1 thru 9 and the North line of the Fitzgerald
19-7 Partition Subd. Id. 2515-12 a distance of 1634.55 feet to a point
19-8 for a corner of this tract of land, in the Northeast line of said
19-9 Limits of Salt Dome;
19-10 THENCE in a Southerly direction with the East line of this
19-11 tract of land, the East line of said Limits of Salt Dome and across
19-12 C.C.A.D. Tracts 2515-12, 12-224-1 thru 9, 12-186B-0 thru 1,
19-13 12-186A-0, 12-193-0, 12-196-0, 12-197A-0, 12-198A-0, 12-199-0,
19-14 12-201-1, 12-203-1, 12-204-2, 12-207A-0, 12-254-2, and F.M. 565, 70
19-15 foot right of way the following courses:
19-16 (1) S 53 10'07" E, a distance of 871.30 feet,
19-17 (2) S 38 13'51" E, a distance of 1792.12 feet,
19-18 (3) S 21 31'00" E, a distance of 2274.70 feet to a
19-19 point for a corner of this tract of land, in the Southwest line of
19-20 said F.M. 565, and in the Northeast line of C.C.A.D. Tract
19-21 12-254C-0;
19-22 THENCE S 88 52'00" E with the Northeast line of this tract of
19-23 land, the Northeast line of said C.C.A.D. Tract 12-254C-0 and the
19-24 Southwest line of F.M. 565 a distance of 213.22 feet to a point
19-25 for a corner of this tract of land and the point of curvature of a
19-26 tangent curve left, concave to the North;
19-27 THENCE in a Easterly direction with the Northeast line of
20-1 this tract of land, the Northeast line of said C.C.A.D. Tract
20-2 12-254C-0, the Southwest line of F.M. 565 and said tangent curve
20-3 left having a radius of 607.96 feet, a central angle of 2737'41", a
20-4 length of 293.16 feet, chord bearing of N 7719'10" E, and distance
20-5 of 290.33 feet;
20-6 THENCE N 60 54'00" E with the Northeast line of this tract of
20-7 land, the Northeast line of said C.C.A.D. Tract 12-254C-0 and the
20-8 Southwest line of said F.M. 565 a distance of 223.14 feet to a
20-9 point for a corner of this tract of land;
20-10 THENCE N 31 50'00" W with the East line of this tract of land
20-11 and across said F.M. 565, at 70.09 feet cross the Northeast line of
20-12 said F.M. 565, the Southwest corner of C.C.A.D. Tract 12-254B-0,
20-13 and the Southeast corner of C.C.A.D. Tract 12-254E-1, continuing
20-14 along this line, the West line of C.C.A.D. Tracts 12-254B-0 and
20-15 12-211-0, and the East line of C.C.A.D. Tracts 12-254E-1 and
20-16 12-207A-0 a total distance of 445.45 feet to a point for a corner
20-17 of this tract of land, the Southwest corner of C.C.A.D. Tract
20-18 12-215-0, the most Southerly Northwest corner of C.C.A.D. Tract
20-19 12-211-0, the Northeast corner of C.C.A.D. Tract 12-207A-0, and the
20-20 Southeast corner of C.C.A.D. Tract 12-215-1;
20-21 THENCE N 38 58' 23" E with a Northwest line of this tract of
20-22 land, the most Southerly Northwest line of C.C.A.D. Tract 12-211-0
20-23 and the Southeast line of C.C.A.D. Tract 12-215-0 a distance of
20-24 193.14 feet to a point for a corner of this tract of land, the
20-25 Southeast cover of C.C.A.D. Tract 12-215-0, and an interior corner
20-26 of C.C.A.D. Tract 12-211-0;
20-27 THENCE N 31 50' 00" W with the East line of this tract of
21-1 land, the East line of C.C.A.D. Tract 12-215-0 and the most
21-2 Easterly West line of C.C.A.D. Tract 12-211-0 a distance of 237.86
21-3 feet to a point for a corner of this tract of land, the Northeast
21-4 corner of C.C.A.D. Tract 12-215-0, and an interior corner of
21-5 C.C.A.D. Tract 12-211-0;
21-6 THENCE S 38 58'23" W with a Southeast line of this tract of
21-7 land, the most Northerly Southeast line of C.C.A.D. Tract 12-211-0
21-8 and the Northwest line of C.C.A.D. Tract 12-215-0 a distance of
21-9 193.14 feet to a point for a corner of this tract of land, the most
21-10 Northerly Southwest corner of C.C.A.D. Tract 12-211-0, the
21-11 Northwest corner of C.C.A.D. Tract 12-215-0, the Northeast corner
21-12 of C.C.A.D. Tract 12-215-1, and the Southeast corner of C.C.A.D.
21-13 Tract 12-211B-0;
21-14 THENCE N 31 50'00" W with the East line of this tract of
21-15 land, the East line of C.C.A.D. Tract 12-211B-0, the East line of
21-16 C.C.A.D. Tract 12-223B-0 and the West line of C.C.A.D. Tract
21-17 12-211-0 a distance of 365.64 feet to a point for a corner of this
21-18 tract of land, the Northeast corner of C.C.A.D. Tract 12-223B-0,
21-19 the Northwest corner of C.C.A.D. Tract 12-211-0, and in the
21-20 Southeast line of C.C.A.D. Tract 12-222-1;
21-21 THENCE N 39 26'50" E with a Northwest line of this tract of
21-22 land, the Northwest line of C.C.A.D. Tract 12-211-0 and the
21-23 Southeast line of C.C.A.D. Tract 12-222-1 a distance of 1649.95
21-24 feet to a point for a corner of this tract of land, the Southeast
21-25 corner of C.C.A.D. Tract 12-222-1, the Northeast corner of C.C.A.D.
21-26 Tract 12-211-0, and in the West line of said CIWA canal;
21-27 THENCE in a Southerly direction with the East line of this
22-1 tract of land, the East line of C.C.A.D. Tract 12-211-0, and the
22-2 West line of said CIWA canal the following courses:
22-3 (1) S 31 44'44" E, a distance of 589.36 feet,
22-4 (2) S 07 06'00" E, a distance of 201.70 feet to a
22-5 point for a corner of this tract of land, the Southeast corner of
22-6 C.C.A.D. Tract 12-211-0, and the Northeast corner of C.C.A.D. Tract
22-7 12-254B-0;
22-8 THENCE in a Southerly direction with the East line of this
22-9 tract of land, the East line of C.C.A.D. Tract 12-254B-0, and the
22-10 West line of said CIWA canal the following courses:
22-11 (1) S 26 31'00" E, a distance of 155.50 feet,
22-12 (2) S 08 17'00" W, a distance of 818.17 feet to a
22-13 point for a corner of this tract of land, the Southeast corner of
22-14 C.C.A.D. Tract 12-254B-0, and in the Northeast line of said F.M.
22-15 565;
22-16 THENCE S 01 06'12" W with the East line of this tract of land
22-17 and across said F.M. 565 a distance of 81.00 feet to a point for a
22-18 corner of this tract of land, the Northeast corner of C.C.A.D.
22-19 Tract 12-254C-0, in the Southwest line of said F.M. 565, and in the
22-20 West line of said CIWA canal;
22-21 THENCE S 08 17'00" W with the East line of this tract of
22-22 land, the East line of C.C.A.D. Tracts 12-254C-0, 12-255C-0, and
22-23 13-115-2 and the West line of said CIWA canal, at 632.02 feet cross
22-24 the Southeast line of said Griffith Survey, and the Northwest line
22-25 of the William H. Hodges Survey, Abstract Number 13, in all a total
22-26 distance of 1855.05 feet to a point for a corner of this tract of
22-27 land, the East corner of C.C.A.D. Tract 13-115-2, the South corner
23-1 of C.C.A.D. CIWA Canal Tract 13-115-0 and in the Northwest line of
23-2 C.C.A.D. Tract 13-121A-0 thru 5 and 13-121B-0 thru 2;
23-3 THENCE S 57 21'59" W with the Southeast line of this tract of
23-4 land, the Southeast line of C.C.A.D. Tract 13-115-2 and the
23-5 Northwest line of C.C.A.D. Tract 13-121A-0 thru 5 and 13-121B-0
23-6 thru 2 a distance of 879.65 feet to a point for a corner of this
23-7 tract of land in the Southeast line of said Limits of the Salt
23-8 Dome;
23-9 THENCE S 10 19'41" E with the Southeast line of this tract of
23-10 land, the Southeast line of said Limits of the Salt Dome, and
23-11 across C.C.A.D. Tracts 13-121A-0 thru 5 and 13-121B-0 thru 2,
23-12 13-120-0, 13-120-0-1 and 13-117-0 a distance of 897.05 feet to a
23-13 point for a corner of this tract of land, in the Southeast line of
23-14 C.C.A.D. Tract 13-117-0 and in the Northwest line of C.C.A.D.
23-15 Tract 13-116-0;
23-16 THENCE S 58 36'30" W with the Southeast line of this tract of
23-17 land, the Southeast line of said C.C.A.D. Tract 13-117-0 and the
23-18 Northwest line of C.C.A.D. Tract 13-116-0 a distance of 75.52 feet
23-19 to a point for a corner of this tract of land, the Northwest corner
23-20 of C.C.A.D. Tract 13-116-0 and the Northeast corner of C.C.A.D.
23-21 Tract 13-125-0;
23-22 THENCE S 32 08'35" E with the East line of this tract of
23-23 land, the East line of C.C.A.D. Tract 13-125-0 and 13-126-0, and
23-24 the West line of C.C.A.D. Tract 13-116-0 a distance of 1791.89 feet
23-25 to a point for a corner of this tract of land, the Southeast corner
23-26 of C.C.A.D. Tract 13-126-0, the Northeast corner of C.C.A.D. Tract
23-27 13-134-0;
24-1 THENCE S 54 44'47" W with the Southeast line of this tract of
24-2 land, the Southeast line of C.C.A.D. Tract 13-126-0 and the
24-3 Northwest line of C.C.A.D. Tract 13-134-0 a distance of 290.78
24-4 feet to a corner of this tract of land, the Southwest corner of
24-5 C.C.A.D. Tract 13-126-0 and the Southeast corner of C.C.A.D. Tract
24-6 13-124-0;
24-7 THENCE S 55 15'30" W with the Southeast line of this tract of
24-8 land, the Southeast line of C.C.A.D. Tract 13-124-0 and the
24-9 Northwest line of C.C.A.D. Tract 13-134-0 a distance of 273.62 feet
24-10 to a point for a corner of this tract of land, the Southwest corner
24-11 of C.C.A.D. Tract 13-124-0 and a Northwest corner of C.C.A.D. Tract
24-12 13-134-0;
24-13 THENCE N 35 30'13" W with a West line of this tract of land,
24-14 the West line of C.C.A.D. Tract 13-133B-0 and a East line of
24-15 C.C.A.D. Tract 13-134-0 a distance of 530.73 feet to a point for a
24-16 corner of this tract of land, a corner of C.C.A.D. Tract 13-124-0,
24-17 the Northwest corner of C.C.A.D. Tract 13-134-0 and the Northeast
24-18 corner of C.C.A.D. Tract 13-133B-0;
24-19 THENCE S 59 07'28" W with the Southeast line of this tract of
24-20 land, the Southeast line of C.C.A.D. Tract 13-124-0 and the
24-21 Northwest line of C.C.A.D. Tracts 13-133B-0 and 13-132-0 a distance
24-22 of 936.70 feet to a point for a corner of this tract of land, the
24-23 Northwest corner of C.C.A.D. Tract 13-132-0 and the Northeast
24-24 corner of C.C.A.D. Tract 13-130-0;
24-25 THENCE S 32 47'08" E with a East line of this tract of land,
24-26 the East line of C.C.A.D. Tract 13-130-0 and the West line of
24-27 C.C.A.D. Tract 13-132-0 a distance of 582.44 feet to a point for a
25-1 corner of this tract of land, the Southwest corner of C.C.A.D.
25-2 Tract 13-132-0, the Southeast corner of C.C.A.D. Tract 13-130-0 and
25-3 in the Northwest line of C.C.A.D. Tract 13-136-0;
25-4 THENCE N 59 07'28" E with the Northwest line of this tract of
25-5 land, the Northwest line of C.C.A.D. Tracts 13-136-0 and 13-135-0,
25-6 and the Southeast lines of C.C.A.D. Tract 13-132-0 and 13-133B-0 a
25-7 distance of 933.91 feet to a point for a corner of this tract of
25-8 land, the Northeast corner of C.C.A.D. Tract 13-135-0 and in the
25-9 West line of C.C.A.D. Tract 13-124-0;
25-10 THENCE S 32 30'42" E with a East line of this tract of land,
25-11 the East line of C.C.A.D. Tracts 13-135-0 and 13-130-0, and the
25-12 West line of C.C.A.D. Tract 13-134-0 a distance of 1168.49 feet to
25-13 a point for a corner of this tract of land, the Northeast corner of
25-14 C.C.A.D. Tract 13-144A-0;
25-15 THENCE S 59 07'28" W with the Southeast line of this tract of
25-16 land, the Southeast line of C.C.A.D. Tract 13-130-0 and the
25-17 Northwest line of C.C.A.D. Tract 13-144A-0 a distance of 997.04
25-18 feet to a point for a corner of this tract of land, the Northwest
25-19 corner of C.C.A.D. Tract 13-144A-0 and a corner of C.C.A.D. Tract
25-20 13-130-0;
25-21 THENCE S 32 47'08" E with a East line of this tract of land,
25-22 the East line of C.C.A.D. Tracts 13-130-0 and the West line of
25-23 C.C.A.D. Tract 13-144A-0 a distance of 598.09 feet to a point for a
25-24 corner of this tract of land, the Southwest corner of C.C.A.D.
25-25 Tract 13-144A-0, the Southeast corner of C.C.A.D. Tract 13-130-0
25-26 and in the Northwest line of C.C.A.D. Tract 13-145-0;
25-27 THENCE S 57 12'00" W with the Southeast line of this tract of
26-1 land, the Southeast line of C.C.A.D. Tract 13-130-0 and the
26-2 Northwest line of C.C.A.D. Tract 13-145-0, at 245.83 feet cross the
26-3 West line of said Hodges Survey, and the East line of the William
26-4 Bloodgood Augmentation, Abstract Number 5, in all a total distance
26-5 of 300.83 feet to a point for a corner of this tract of land, in
26-6 the East line of C.C.A.D. Tract 5-25A-0 and in the West line of
26-7 C.C.A.D. Tract 13-144A-0;
26-8 THENCE N 32 47'08" W with a West line of this tract of land,
26-9 the West line of 13-144A-0 and the East line of 5-25A-0 a distance
26-10 of 118.13 feet to a point for a corner of this tract of land;
26-11 THENCE S 55 57'58" W with the Southeast line of this tract of
26-12 land, across C.C.A.D. Tract 5-25A-0 a distance of 1712.02 feet to
26-13 a point for a corner of this tract of land, the Southwest corner of
26-14 C.C.A.D. Tract 5-25A-0, and the Southeast corner of C.C.A.D. Tract
26-15 5-25B-0;
26-16 THENCE N 32 47'08" W with the West line of this tract of
26-17 land, the West line of said C.C.A.D. Tract 5-25A-0 and the East
26-18 line of C.C.A.D. Tract 5-25B-0 a distance of 1128.55 feet to a
26-19 point for a corner of this tract of land, an interior corner of
26-20 C.C.A.D. Tract 5-25A-0 and the Northeast corner of C.C.A.D. Tract
26-21 5-25B-0;
26-22 THENCE in a West and Southwesterly direction with the South
26-23 and Southeast lines of this tract of land, the South and Southeast
26-24 line of C.C.A.D. Tract 5-25A-0 and the North and Northwest lines of
26-25 C.C.A.D. Tract 5-25B-0 the following courses:
26-26 (1) S 54 53'22" W, a distance of 727.23 feet,
26-27 (2) S 05 06'38" E, a distance of 262.65 feet,
27-1 (3) S 37 58'31" W, a distance of 184.85 feet,
27-2 (4) S 04 34'04" W, a distance of 199.40 feet,
27-3 (5) S 10 31'56" E, a distance of 137.00 feet,
27-4 (6) S 12 24'34" W, a distance of 313.61 feet to a
27-5 point for a corner of this tract of land, the Southwest corner of
27-6 C.C.A.D. Tract 5-25A-0, the Northwest corner of C.C.A.D. Tract
27-7 5-25B-0 and in the East line of C.C.A.D. Tract 5-43B-0;
27-8 THENCE in a Northerly direction with the West line of this
27-9 tract of land, the East line of C.C.A.D. Tracts 5-43B-0, 5-41-0,
27-10 5-15B-0 THRU 2, AND 5-15A-0 the following courses:
27-11 (1) N 32 45'41" W, a distance of 102.38 feet,
27-12 (2) N 34 10'31" W, a distance of 830.40 feet,
27-13 (3) N 32 56'17" W, a distance of 929.98 feet to a
27-14 point for a corner of this tract of land, the Northeast corner of
27-15 C.C.A.D. Tract 5-15A-0, and the Southeast corner of C.C.A.D. Tract
27-16 5-8-0;
27-17 THENCE S 57 10'50" W with the Southeast line of this tract of
27-18 land, the Southeast line of C.C.A.D. Tract 5-8-0, and the Northwest
27-19 line of C.C.A.D. Tract 5-15A-0 a distance of 2027.00 feet to a
27-20 point for a corner of this tract of land, and the Southeast corner
27-21 of C.C.A.D. Tract 5-13-0;
27-22 THENCE N 12 01'30" W with a West line of this tract of land,
27-23 the West line of C.C.A.D. Tract 5-8-0, and the East line of
27-24 C.C.A.D. Tract 5-13-0 a distance of 215.86 feet to a point for a
27-25 corner of this tract of land, the Northeast corner of C.C.A.D.
27-26 Tract 5-13-0, a corner of C.C.A.D. Tract 5-8-0, and in the
27-27 Southeast line of C.C.A.D. Tract 5-9C-0;
28-1 THENCE N 57 10'50" E with a South line of this tract of land,
28-2 the South line of C.C.A.D. Tract 5-9C-0, and an interior line of
28-3 C.C.A.D. Tract 5-8-0 a distance of 193.19 feet to a point for a
28-4 corner of this tract of land, the Southeast corner of C.C.A.D.
28-5 Tract 5-9C-0, and an interior corner of C.C.A.D. Tract 5-8-0;
28-6 THENCE N 12 50'58" E with a East line of this tract of land,
28-7 the East line of C.C.A.D. Tract 5-9C-0, and a west line of C.C.A.D.
28-8 Tract 5-8-0 a distance of 353.09 feet to a point for a corner of
28-9 this tract of land, the Northeast corner of C.C.A.D. Tract 5-9C-0,
28-10 and an interior corner of C.C.A.D. Tract 5-8-0;
28-11 THENCE S 57 10'50" W with a South line of this tract of land,
28-12 the North line of C.C.A.D. Tract 5-9C-0 and 5-9B-0, an interior
28-13 line of C.C.A.D. Tract 5-8-0 a distance of 353.38 feet to a point
28-14 for a corner of this tract of land, the Northwest corner of
28-15 C.C.A.D. Tract 5-9B-0, the Southwest corner of C.C.A.D. Tract
28-16 5-8-0, and in the East line of State Highway 146, 120 foot right of
28-17 way;
28-18 THENCE N 12 50'58" E with a East line of this tract of land,
28-19 the East line of Highway 146 and the West line of C.C.A.D. Tract
28-20 5-8-0 a distance of 1231.49 feet to a point for a corner of this
28-21 tract of land, the Northwest corner of C.C.A.D. Tract 5-8-0, and
28-22 the Southwest corner of C.C.A.D. Tract 5-23-0;
28-23 THENCE S 57 47'52" W with a South line of this tract of land,
28-24 and across Highway 146 a distance of 167.55 feet to a point for a
28-25 corner of this tract of land, the Southeast corner of C.C.A.D.
28-26 Tract 5-23-0, and the Northeast corner of C.C.A.D. Tract 5-10A-0;
28-27 THENCE S 57 48'09" W with a South line of this tract of land,
29-1 the South line of C.C.A.D. Tract 5-23-0, and the North line of
29-2 C.C.A.D. Tract 5-10A-0 a distance of 596.04 feet to a point for a
29-3 corner of this tract of land, the Northwest corner of C.C.A.D.
29-4 Tract 5-10A-0, the Southwest corner of C.C.A.D. Tract 5-23-0, in
29-5 the West line of the Bloodgood Augmentation, Abstract Number 5, in
29-6 the East line of the Bloodgood Survey, Abstract Number 4, and in
29-7 the East line of C.C.A.D. Tract 4-79A-0;
29-8 THENCE N 11 52'10" W with a East line of this tract of land,
29-9 the East line of C.C.A.D. Tract 4-79A-0 and the Bloodgood Survey,
29-10 Abstract Number 4, the West line of C.C.A.D. Tract 5-23-0 and the
29-11 Bloodgood Augmentation, Abstract Number 5 a distance of 298.64 feet
29-12 to a point for a corner of this tract of land, the Northeast corner
29-13 of C.C.A.D. Tract 4-79A-0, and the Southeast corner of C.C.A.D.
29-14 Tract 4-50A-0;
29-15 THENCE S 77 59'50" W with a South line of this tract of land,
29-16 the South line of C.C.A.D. Tract 4-50A-0 and the North line of
29-17 C.C.A.D. Tract 4-79A-0 a distance of 962.58 feet to a point for a
29-18 corner of this tract of land, the Northwest corner of C.C.A.D.
29-19 Tract 4-79A-0, and in the Northeast line of C.C.A.D. Tract 4-50B-0;
29-20 THENCE S 32 47'47" E with a Southwest line of this tract of
29-21 land, the Northeast line of C.C.A.D. Tract 4-50B-0, and the
29-22 Southwest line of C.C.A.D. Tract 4-79A-0 a distance of 386.33 feet
29-23 to a point for a corner of this tract of land, the Southwest corner
29-24 of C.C.A.D. Tract 4-79A-0, and a corner of C.C.A.D. Tract 4-50B-0;
29-25 THENCE N 87 02'25" E with a North line of this tract of land,
29-26 the North line of C.C.A.D. Tract 4-50B-0, and the South line of
29-27 C.C.A.D. Tract 4-79A-0 a distance of 834.66 feet to a point for a
30-1 corner of this tract of land, the Southeast corner of C.C.A.D.
30-2 Tract 4-79A-0, the Northeast corner of C.C.A.D. Tract 4-50B-0, in
30-3 the East line of the Bloodgood Survey, Abstract Number 4, and in
30-4 the West line of C.C.A.D. Tract 5-10A-0 and the Bloodgood
30-5 Augmentation, Abstract Number 5;
30-6 THENCE S 11 52'10" E with a East line of this tract of land,
30-7 the East line of C.C.A.D. Tract 4-50B-0 and the Bloodgood Survey,
30-8 Abstract Number 4, the West line of C.C.A.D. Tract 5-10A-0 and the
30-9 Bloodgood Augmentation, Abstract Number 5 a distance of 101.11 feet
30-10 to a point for a corner of this tract of land, the Southeast corner
30-11 of C.C.A.D. Tract 4-50B-0, the Southwest corner of C.C.A.D. Tract
30-12 5-10A-0, the Northeast corner of C.C.A.D. Tract 4-78B-0, and the
30-13 Northwest corner of C.C.A.D. Tract 5-10B-0;
30-14 THENCE S 87 02'25" W with a South line of this tract of land,
30-15 the South line of C.C.A.D. Tract 4-50B-0, the North line of
30-16 C.C.A.D. Tracts 4-78A-0 and 4-79A-0 a distance of 1081.84 feet to a
30-17 point for a corner of this tract of land, the Southwest corner of
30-18 C.C.A.D. Tract 4-50B-0, the Northwest corner of C.C.A.D. Tract
30-19 4-79A-0, the Northeast corner of C.C.A.D. Tract 4-77A-0, and the
30-20 Southeast corner of C.C.A.D. Tract 4-77B-0;
30-21 THENCE S 77 48'33" W with a South line of this tract of land,
30-22 the South line of C.C.A.D. Tract 4-77B-0, and the North line of
30-23 C.C.A.D. Tract 4-77A-0 a distance of 153.77 feet to a point for a
30-24 corner of this tract of land, the Southwest corner of C.C.A.D.
30-25 Tract 4-77B-0, the Northwest corner of C.C.A.D. Tract 4-77A-0, and
30-26 in the Southeast line of C.C.A.D. Tract 4-76A-0;
30-27 THENCE N 11 52'54" W with a East line of this tract of land,
31-1 the East line of C.C.A.D. Tract 4-76A-0, and the West line of
31-2 C.C.A.D. Tract 4-77B-0 a distance of 423.43 feet to a point for a
31-3 corner of this tract of land, the Northeast corner of C.C.A.D.
31-4 Tract 4-76A-0, the Northwest corner of C.C.A.D. Tract 4-77B-0, and
31-5 in the South line of C.C.A.D. Tract 4-50C-0;
31-6 THENCE S 77 48'33" W with a South line of this tract of land,
31-7 the South line of C.C.A.D. Tract 4-50C-0, and the North line of
31-8 C.C.A.D. Tract 4-76A-0 a distance of 318.47 feet to a point for a
31-9 corner of this tract of land, the Northwest corner of C.C.A.D.
31-10 Tract 4-76A-0, and an interior corner of C.C.A.D. Tract 4-50C-0;
31-11 THENCE S 11 32'58" E with a West line of this tract of land,
31-12 the West line of C.C.A.D. Tract 4-76A-0 and the East line of
31-13 C.C.A.D. Tract 4-50C-0 a distance of 247.82 feet to a point for a
31-14 corner of this tract of land, the Southeast corner of C.C.A.D.
31-15 Tract 4-50C-0, and the Northeast corner of C.C.A.D. Tract 4-71B-0;
31-16 THENCE S 11 18'34" E with a West line of this tract of land,
31-17 the West line of C.C.A.D. Tract 4-76A-0 and the East line of
31-18 C.C.A.D. Tract 4-71B-0 a distance of 110.07 feet to a point for a
31-19 corner of this tract of land, the Southwest corner of C.C.A.D.
31-20 Tract 4-76A-0, and a corner of C.C.A.D. Tract 4-71B-0;
31-21 THENCE N 77 58'10" E with a North line of this tract of land,
31-22 the South line of C.C.A.D. Tract 4-76A-0, and the North line of
31-23 C.C.A.D. Tract 4-71B-0 a distance of 170.05 feet to a point for a
31-24 corner of this tract of land, a corner of C.C.A.D. Tract 4-76A-0,
31-25 and the most Southern Northeast corner of C.C.A.D. Tract 4-71B-0;
31-26 THENCE S 11 18'41" E with a East line of this tract of land,
31-27 the East line of C.C.A.D. Tract 4-71B-0 and the West line of
32-1 C.C.A.D. Tract 4-76A-0 a distance of 70.00 feet to a point for a
32-2 corner of this tract of land, the most Southern Southwest corner of
32-3 C.C.A.D. Tract 4-76A-0, the most Northern Southeast corner of
32-4 C.C.A.D. Tract 4-71B-0, and in the North line of the Warren
32-5 Petroleum Subdivision C.C.A.D. I.D. 6150-4;
32-6 THENCE N 77 58'09" E with a North line of this tract of land,
32-7 the North line of the Warren Subdivision, and the South line of
32-8 C.C.A.D. Tract 4-76A-0 a distance of 151.65 feet to a point for a
32-9 corner of this tract of land, the Southeast corner of C.C.A.D.
32-10 Tract 4-76A-0, the Northeast corner of the Warren Subdivision, and
32-11 in the West line of C.C.A.D. Tract 4-77A-0;
32-12 THENCE S 11 52'54" E with a East line of this tract of land,
32-13 the East line of the Warren Subdivision, and the West line of
32-14 C.C.A.D. Tract 4-77A-0, at 778.94 feet the Southeast corner of the
32-15 Warren Subdivision and the North line of Warren Road (60 foot right
32-16 of way), in all a total distance of 838.94 feet to a point for a
32-17 corner of this tract of land, in the South line of Warren Road, and
32-18 in the North line of C.C.A.D. Tract 4-87D-0;
32-19 THENCE S 77 45'39" W with a South line of this tract of land,
32-20 the South line of Warren Road and C.C.A.D. Tract 4-71B-0, and the
32-21 North line of C.C.A.D. Tract 4-87D-0, at 330.08 feet the Southeast
32-22 corner of C.C.A.D. Tract 4-71B-0 and the Southwest corner of the
32-23 Warren Subdivision, in all a total distance of 3157.73 feet to a
32-24 point for a corner of this tract of land, the Southwest corner of
32-25 C.C.A.D. Tract 4-71B-0, and in the East line of the Southern
32-26 Pacific Railroad;
32-27 THENCE S 24 53'10" W with a East line of this tract of land
33-1 and across the Southern Pacific Railroad a distance of 273.92 feet
33-2 to a point in the centerline of said Cedar Bayou for a corner of
33-3 this tract of land;
33-4 THENCE in a Northerly direction with the centerline of Cedar
33-5 Bayou and the South and West line of this tract of land the
33-6 following courses:
33-7 (1) N 63 48'18" W, a distance of 122.55 feet,
33-8 (2) N 39 12'49" W, a distance of 314.88 feet,
33-9 (3) N 42 32'46" W, a distance of 109.63 feet,
33-10 (4) N 58 05'10" W, a distance of 167.61 feet,
33-11 (5) N 88 35'34" W, a distance of 38.41 feet,
33-12 (6) N 68 18'00" W, a distance of 235.15 feet,
33-13 (7) N 76 06'00" W, a distance of 123.72 feet,
33-14 (8) N 89 57'00" W, a distance of 60.78 feet,
33-15 (9) N 78 13'58" W, a distance of 6.88 feet,
33-16 (10) N 86 50'05" W, a distance of 95.19 feet,
33-17 (11) N 80 28'03" W, a distance of 304.67 feet,
33-18 (12) N 36 53'43" W, a distance of 36.32 feet,
33-19 (13) N 08 13'18" E, a distance of 142.32 feet,
33-20 (14) N 04 40'35" W, a distance of 71.40 feet,
33-21 (15) N 36 53'21" W, a distance of 261.44 feet,
33-22 (16) N 45 44'20" W, a distance of 81.15 feet,
33-23 (17) N 71 58'33" W, a distance of 65.71 feet,
33-24 (18) S 87 37'09" W, a distance of 69.82 feet,
33-25 (19) S 57 12'55" W, a distance of 77.78 feet,
33-26 (20) S 54 21'43" W, a distance of 82.25 feet,
33-27 (21) S 86 38'25" W, a distance of 49.49 feet,
34-1 (22) N 69 05'38" W, a distance of 52.89 feet,
34-2 (23) N 31 05'16" W, a distance of 132.27 feet,
34-3 (24) N 46 01'02" W, a distance of 58.56 feet,
34-4 (25) N 84 05'59" W, a distance of 84.74 feet,
34-5 (26) S 84 42'29" W, a distance of 175.78 feet,
34-6 (27) S 71 04'19" W, a distance of 93.36 feet,
34-7 (28) S 48 50'01" W, a distance of 52.68 feet,
34-8 (29) S 08 58'06" W, a distance of 60.44 feet,
34-9 (30) S 33 42'19" E, a distance of 41.88 feet,
34-10 (31) S 86 45'35" E, a distance of 154.28 feet,
34-11 (32) S 72 27'17" E, a distance of 120.39 feet,
34-12 (33) S 44 34'30" E, a distance of 132.51 feet,
34-13 (34) S 28 26'18" E, a distance of 140.37 feet,
34-14 (35) S 21 48'50" E, a distance of 93.85 feet,
34-15 (36) S 47 44'48" W, a distance of 64.79 feet,
34-16 (37) S 70 37'34" W, a distance of 83.18 feet,
34-17 (38) S 45 01'01" W, a distance of 71.90 feet,
34-18 (39) S 17 32'22" W, a distance of 57.88 feet,
34-19 (40) S 20 41'20" E, a distance of 82.26 feet,
34-20 (41) S 10 43'12" E, a distance of 54.68 feet,
34-21 (42) S 17 31'14" W, a distance of 28.94 feet,
34-22 (43) S 54 52'54" W, a distance of 47.97 feet,
34-23 (44) N 85 14'08" W, a distance of 52.50 feet,
34-24 (45) N 68 12'44" W, a distance of 258.21 feet,
34-25 (46) N 85 51'01" W, a distance of 260.79 feet,
34-26 (47) N 74 10'36" W, a distance of 101.19 feet,
34-27 (48) N 11 54'06" W, a distance of 56.40 feet,
35-1 (49) N 23 40'48" E, a distance of 141.11 feet,
35-2 (50) N 07 42'04" E, a distance of 108.44 feet,
35-3 (51) N 15 24'25" W, a distance of 103.94 feet,
35-4 (52) N 34 28'38" W, a distance of 89.84 feet,
35-5 (53) N 68 28'16" W, a distance of 59.36 feet,
35-6 (54) S 75 08'56" W, a distance of 73.67 feet,
35-7 (55) S 36 53'18" W, a distance of 312.28 feet,
35-8 (56) S 61 19'47" W, a distance of 87.78 feet,
35-9 (57) North a distance of 30.51 feet,
35-10 (58) N 36 16'03" W, a distance of 27.02 feet,
35-11 (59) N 07 04'22" E, a distance of 188.77 feet,
35-12 (60) N 22 46'01" W, a distance of 48.82 feet,
35-13 (61) N 55 43'35" W, a distance of 38.68 feet,
35-14 (62) S 88 05'41" W, a distance of 43.62 feet,
35-15 (63) S 49 16'21" W, a distance of 124.63 feet,
35-16 (64) S 61 31'18" W, a distance of 57.87 feet,
35-17 (65) North a distance of 49.41 feet,
35-18 (66) N 53 59'25" W, a distance of 59.28 feet,
35-19 (67) N 00 33'34" E, a distance of 149.57 feet,
35-20 (68) N 36 48'16" E, a distance of 201.31 feet,
35-21 (69) N 24 36'59" E, a distance of 132.58 feet,
35-22 (70) N 09 21'38" E, a distance of 384.12 feet,
35-23 (71) N 18 05'20" W, a distance of 74.86 feet,
35-24 (72) N 57 24'16" W, a distance of 43.13 feet,
35-25 (73) N 88 18'08" W, a distance of 146.83 feet,
35-26 (74) N 76 14'33" W, a distance of 73.30 feet,
35-27 (75) N 43 26'01" W, a distance of 73.98 feet,
36-1 (76) N 24 43'54" W, a distance of 402.89 feet,
36-2 (77) N 39 39'56" W, a distance of 66.03 feet,
36-3 (78) N 79 07'15" W, a distance of 76.94 feet,
36-4 (79) S 77 12'14" W, a distance of 65.57 feet,
36-5 (80) S 36 07'20" W, a distance of 86.28 feet,
36-6 (81) S 00 36'43" W, a distance of 271.57 feet,
36-7 (82) S 20 41'20" W, a distance of 82.26 feet,
36-8 (83) S 62 19'06" W, a distance of 65.64 feet,
36-9 (84) N 85 25'40" W, a distance of 72.89 feet,
36-10 (85) N 69 17'18" W, a distance of 172.44 feet,
36-11 (86) S 88 54'02" W, a distance of 75.57 feet,
36-12 (87) S 53 08'45" W, a distance of 65.38 feet,
36-13 (88) S 11 38'25" W, a distance of 252.05 feet,
36-14 (89) S 29 56'01" W, a distance of 122.32 feet,
36-15 (90) S 44 00'38" W, a distance of 117.11 feet,
36-16 (91) S 50 27'49" W, a distance of 86.68 feet,
36-17 (92) S 85 25'48" W, a distance of 109.33 feet,
36-18 (93) N 63 04'36" W, a distance of 99.41 feet,
36-19 (94) N 40 12'06" W, a distance of 85.56 feet,
36-20 (95) N 09 05'36" W, a distance of 73.53 feet,
36-21 (96) N 14 53'44" E, a distance of 118.70 feet,
36-22 (97) N 02 15'45" E, a distance of 110.46 feet,
36-23 (98) N 24 44'08" W, a distance of 100.72 feet,
36-24 (99) N 73 40'56" W, a distance of 149.89 feet,
36-25 (100) N 86 09'34" W, a distance of 195.16 feet,
36-26 (101) S 64 39'51" W, a distance of 61.09 feet,
36-27 (102) S 25 17'35" W, a distance of 57.82 feet,
37-1 (103) S 06 33'01" E, a distance of 178.32 feet,
37-2 (104) S 18 47'22" W, a distance of 76.69 feet,
37-3 (105) S 64 02'19" W, a distance of 126.06 feet,
37-4 (106) N 76 40'05" W, a distance of 144.86 feet,
37-5 (107) N 30 41'40" W, a distance of 99.63 feet,
37-6 (108) N 17 20'41" W, a distance of 238.85 feet,
37-7 (109) N 01 06'10" W, a distance of 226.57 feet,
37-8 (110) N 06 39'30" W, a distance of 87.72 feet,
37-9 (111) N 24 38'15" W, a distance of 345.08 feet,
37-10 (112) N 34 40'16" W, a distance of 120.06 feet,
37-11 (113) N 62 57'23" W, a distance of 376.88 feet,
37-12 (114) N 77 34'06" W, a distance of 101.18 feet,
37-13 (115) S 87 42'37" W, a distance of 145.43 feet,
37-14 (116) S 69 27'21" W, a distance of 186.21 feet,
37-15 (117) S 36 53'51" W, a distance of 58.10 feet,
37-16 (118) S 09 04'04" E, a distance of 101.47 feet,
37-17 (119) S 29 36'46" E, a distance of 208.79 feet,
37-18 (120) S 08 32'19" W, a distance of 58.74 feet,
37-19 (121) S 27 29'31" W, a distance of 81.85 feet,
37-20 (122) S 57 39'44" W, a distance of 328.48 feet,
37-21 (123) S 48 40'15" W, a distance of 193.51 feet,
37-22 (124) S 37 33'18" W, a distance of 150.20 feet,
37-23 (125) S 25 58'16" W, a distance of 428.04 feet,
37-24 (126) S 45 01'09" W, a distance of 168.45 feet,
37-25 (127) S 78 42'01" W, a distance of 133.37 feet,
37-26 (128) N 82 59'29" W, a distance of 95.16 feet,
37-27 (129) N 63 27'04" W, a distance of 347.63 feet,
38-1 (130) N 55 50'07" W, a distance of 328.41 feet,
38-2 (131) N 34 38'24" W, a distance of 74.13 feet,
38-3 (132) N 03 04'10" W, a distance of 81.44 feet,
38-4 (133) N 42 05'04" E, a distance of 80.22 feet,
38-5 (134) N 72 18'21" E, a distance of 396.57 feet,
38-6 (135) N 46 23'40" E, a distance of 128.43 feet,
38-7 (136) N 02 47'55" E, a distance of 59.61 feet,
38-8 (137) N 11 57'28" W, a distance of 77.18 feet,
38-9 (138) N 45 59'54" W, a distance of 179.78 feet,
38-10 (139) N 01 49'20" W, a distance of 91.53 feet,
38-11 (140) N 22 37'26" E, a distance of 75.55 feet,
38-12 (141) N 37 00'52" E, a distance of 403.72 feet,
38-13 (142) N 28 32'26" E, a distance of 115.61 feet,
38-14 (143) North a distance of 75.15 feet,
38-15 (144) N 14 35'00" W, a distance of 114.08 feet,
38-16 (145) N 29 08'12" W, a distance of 251.40 feet,
38-17 (146) N 14 40'13" W, a distance of 57.70 feet,
38-18 (147) N 19 55'19" W, a distance of 79.36 feet,
38-19 (148) N 18 41'20" W, a distance of 70.76 feet,
38-20 (149) N 30 48'47" W, a distance of 41.68 feet,
38-21 (150) N 25 01'33" W, a distance of 88.61 feet to the
38-22 POINT OF BEGINNING said described tract containing within said
38-23 boundaries 4,384.0971 acres of land, more or less.
38-24 (b) Boundaries of the district may be adjusted after a
38-25 hearing as provided by Section 10 of this Act.
38-26 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
38-27 finds that the boundaries and field notes of the district form a
39-1 closure. If a mistake is made in the field notes or in copying the
39-2 field notes in the legislative process, it does not affect the
39-3 organization, existence, or validity of the district, the right of
39-4 the district to issue any type of bonds or to issue any other type
39-5 of obligations for the purposes for which the district is created
39-6 or to pay the principal of and interest on the bonds or
39-7 obligations, or the right of the district to levy and collect
39-8 taxes, or affect in any other manner the legality or operation of
39-9 the district or its governing body.
39-10 SECTION 5. BOARD OF DIRECTORS. (a) The district is
39-11 governed by a board of seven directors who shall serve for
39-12 staggered terms of four years.
39-13 (b) At the time this Act takes effect, the following persons
39-14 shall be appointed to the designated places on and shall constitute
39-15 the initial board and shall serve as provided herein:
39-16 Place 1: Cissy Coon
39-17 Place 2: Bill Wallace
39-18 Place 3: Jean Nix
39-19 Place 4: Charles Dyer
39-20 Place 5: Appointee of Lyondell Petrochemical Co.
39-21 Place 6: Appointee of ENRON Gas Liquids
39-22 Place 7: Appointee of Texas Eastern Products Pipeline
39-23 Co.
39-24 (c) Of the initial directors, the directors appointed to
39-25 Places 1, 2, 3 and 4 shall serve until the earliest of (i) the
39-26 completion of the purchase program in the district, or (ii) June 1,
39-27 2001, and directors appointed to Places 5, 6, and 7 shall serve
40-1 until June 1, 1999. Subsequent directors shall be nominated by the
40-2 board to places on the board for appointment by the Commissioners
40-3 Court of the county, from names submitted by the owners of land
40-4 within the district. If the commissioners court is not satisfied
40-5 with one or more of the recommendations submitted by the board, the
40-6 board, on the request of the commissioners court, shall submit to
40-7 the commissioners court additional recommendations.
40-8 (d) Of the initial directors, the directors appointed to
40-9 Places 1, 2, 3, and 4 will resign on or before 30 days subsequent
40-10 to the completion of the purchase program in the district, and the
40-11 number of directors constituting the board shall increase from
40-12 seven to eleven.
40-13 (e) To qualify to serve as a director a person must be at
40-14 least 18 years old and one or more of the following: (i) a
40-15 resident of the district; (ii) an owner of property in the
40-16 district; (iii) an agent, employee, lessee, or tenant of an owner
40-17 of property in the district. The place of a director who at any
40-18 time fails to meet the requirements for service as a director set
40-19 forth in this subsection shall be considered vacant and such
40-20 director shall be replaced by the board within 60 days of the board
40-21 becoming aware of such failure, except for the initial board of
40-22 directors which shall remain intact until such time as the purchase
40-23 program in the district has been completed.
40-24 (e) A vacancy in the office of director shall be filled by
40-25 appointment of the remaining members of the board, provided that
40-26 there are at least three members of the board remaining, and if
40-27 less than three members remain on the board shall be filled by
41-1 appointment of the Commissioners Court of the county.
41-2 (f) The commissioners court of the county may remove a
41-3 director for misconduct or failure to carry out his duties upon
41-4 petition by a majority of the remaining directors.
41-5 (g) As soon as practicable after a director is appointed, he
41-6 shall execute a bond for $10,000 payable to the district and
41-7 conditioned on the faithful performance of his duties. All bonds
41-8 of the directors shall be approved by the board, and each director
41-9 shall take the oath of office prescribed by the constitution for
41-10 public officers. The bond and oath shall be filed with the
41-11 district and retained in its records.
41-12 (h) After the directors have been appointed and have
41-13 qualified by executing a bond and taking the proper oath, they
41-14 shall organize by electing a president, a vice-president, a
41-15 secretary, and any other officers as in the judgment of the board
41-16 are considered necessary.
41-17 (i) Four directors shall constitute a quorum for the
41-18 consideration of matters pertaining to the purposes of the
41-19 district, and a concurrence of four directors shall be required for
41-20 any official action of the district.
41-21 (j) The board is governed by Chapter 375, Local Government
41-22 Code, to the extent that such chapter does not conflict with this
41-23 Act, and specifically excluding Section 375.169 of such Chapter. A
41-24 person who qualifies to serve on the board is qualified to serve as
41-25 a director and participate in all votes pertaining to the business
41-26 of the district regardless of any other statutory provision to the
41-27 contrary. A director who has a beneficial interest in a business
42-1 entity that will receive a pecuniary benefit from an action of the
42-2 board may participate in discussion and vote on that action if a
42-3 majority of the board has a similar interest in the same action or
42-4 if all other similar business entities in the district will receive
42-5 a similar pecuniary benefit. An employee of a public entity may
42-6 serve on the board, but the public employee may not participate in
42-7 the discussion of or vote on any matter regarding contracts with
42-8 the public entity of which the director is an employee.
42-9 (k) Directors may be compensated in the manner provided by
42-10 Section 49.060, Water Code.
42-11 SECTION 6. PURPOSES. The district is created to:
42-12 (a) regulate land use in the district to preserve, protect,
42-13 and enhance the area in the district for industrial and other
42-14 conforming uses;
42-15 (b) acquire property in the district which is not in
42-16 conformity with the district's zoning regulations or comprehensive
42-17 plan by purchase, lease, or eminent domain, and sell or lease or
42-18 otherwise dispose of such property, with or without taking
42-19 competitive bids or competitive proposals, upon such terms and
42-20 conditions as the board deems appropriate, and may at the request
42-21 of the landowner or landowners, acquire property which is in
42-22 conformity with the district's zoning regulations and comprehensive
42-23 plan;
42-24 (c) exercise such regulatory authority over businesses,
42-25 whether commercial or industrial, within the boundaries of the
42-26 district as could otherwise be exercised by the city; and
42-27 (d) contract with the city, the county, or any other
43-1 political subdivision, which now or hereafter includes all or any
43-2 part of the district, to provide police power regulatory services
43-3 for the city, the county, or other political subdivision on such
43-4 terms and conditions as the parties agree, and to aid and assist
43-5 the city, the county, and other overlapping political subdivisions
43-6 with one or more projects.
43-7 SECTION 7. POWERS. (a) In addition to the specific
43-8 additional rights, powers, privileges, authority, and functions set
43-9 forth herein, the district has all of the rights, powers,
43-10 privileges, authority, and functions conferred by the general laws
43-11 of this state applicable to districts created under Chapter 375,
43-12 Local Government Code, which are necessary and convenient to
43-13 accomplish the purposes set forth in Section 6 of this Act.
43-14 (b) If any provision of any referenced law is in conflict
43-15 with or is inconsistent with this Act, this Act prevails. All laws
43-16 or provisions of laws referenced in this Act, and subsequent
43-17 amendments of those laws, are adopted and incorporated into this
43-18 Act for all purposes and may be used by the district independently
43-19 of each other.
43-20 SECTION 8. ADDITIONAL SPECIFIC POWERS AND DUTIES. (a) In
43-21 addition to the rights, powers, privileges, authority, and
43-22 functions set forth in Section 6 of this Act, the district has and
43-23 the board may undertake the additional rights, powers, privileges,
43-24 authority, and functions set forth in this section.
43-25 (b) (1) Except as described in this Subsection (b), the
43-26 board may exercise the power granted by Chapter 211, Local
43-27 Government Code, to the governing body of a general law
44-1 municipality to restrict the use or uses of property in the
44-2 district. In exercising their powers, the board shall follow the
44-3 procedures in Chapter 211, Local Government Code, applicable to a
44-4 general law municipality, including the provisions applicable to
44-5 the adoption of a comprehensive plan and the appointment of a
44-6 zoning commission and a board of adjustment.
44-7 (2) No restrictions on the use of property within the
44-8 district will be effective, until 30 days after the governing body
44-9 of the city certifies that each owner of land which the board
44-10 determines is then used for a nonconforming use has received an
44-11 offer for purchase of the affected estate of the land pursuant to
44-12 Subsection (c) of this section from the board.
44-13 (3) If the board is ultimately dissolved by the city,
44-14 or otherwise under Section 17 hereof, then such restrictions shall
44-15 be treated as if they had been adopted by the governing body of the
44-16 city.
44-17 (4) After initial adoption of zoning restrictions and
44-18 a comprehensive plan by the board, no additional changes to the
44-19 plan or other restrictions of uses of property within the district
44-20 shall be imposed without the consent of the governing body of the
44-21 city.
44-22 (c) (1) After adoption of zoning restrictions and a
44-23 comprehensive plan by the board, the district will acquire any real
44-24 property, including improvements thereon, which are used for
44-25 purposes that are nonconforming to the uses permitted by the
44-26 district's zoning regulations or comprehensive plan, and may
44-27 acquire any personal property which is currently being used or
45-1 which may in the future be used for purposes that are nonconforming
45-2 to the uses permitted by the district's zoning regulations and
45-3 comprehensive plan. The district may hold, improve, clear, or
45-4 otherwise prepare the property so acquired for redevelopment or
45-5 development, mortgage or otherwise encumber or dispose of or sell
45-6 the property, insure or provide for the insurance of the property,
45-7 and enter into any other contracts or agreements with respect to
45-8 such property. To the extent the district has funds available for
45-9 such purpose, the district shall acquire nonconforming residential
45-10 property and, after acquisition of such nonconforming residential
45-11 property, may acquire at the owners request nonconforming
45-12 nonresidential property or the property held for future conforming
45-13 or nonconforming uses. The district may use the proceeds of its
45-14 bonds to carry out the purposes of this Act.
45-15 (2) Property purchased pursuant to this Subsection (c)
45-16 shall be purchased by application of a formula or formulas to be
45-17 established by the board prior to confirmation of the district's
45-18 creation, which formula or formulas must be on file in the City
45-19 Hall of the city, during a period commencing 30 days prior to the
45-20 confirmation of the district's creation, and which formula or
45-21 formulas shall be confirmed as part of the confirmation of the
45-22 district's creation. To establish the purchase price for property
45-23 within the district, the formula or formulas adopted by the board
45-24 may include such elements as the board determines, including the
45-25 type and estate of land and current use of the property, the
45-26 replacement cost of houses, mobile homes, or businesses, the
45-27 replacement costs of barns, carports, sheds, pump houses, or other
46-1 outbuildings, an allowance for the replacement of pools, spas,
46-2 decks, patios, ornamental fencing, specimen trees, or other
46-3 amenities, moving costs, including moving costs for mobile homes,
46-4 utility connection fees, and disruption or relocation costs for
46-5 residents or businesses.
46-6 (3) In addition to the purchase price for property,
46-7 the district may pay the relocation costs for single family
46-8 tenants, including tenants with mobile homes, in connection with
46-9 the purchase of rental property. The formula for relocation cost
46-10 payments to tenants must also be confirmed as part of the
46-11 confirmation of the district's creation, and may include moving
46-12 payments, including the cost of moving mobile homes, utility
46-13 connection fees, security deposits and rental deposits, and
46-14 disruption/relocation fees.
46-15 (4) In addition to the purchase price for property,
46-16 the district may pay the relocation costs for businesses, including
46-17 moving payments, signage and other amenity replacement costs,
46-18 utility connections fees, security deposits and rental deposits,
46-19 and disruption/relocation fees.
46-20 (5) The purchase prices paid for property within the
46-21 district may not be considered by the Chambers County Appraisal
46-22 District in establishing values for property for ad valorem tax
46-23 purposes, and may not be used by the Comptroller of Public Accounts
46-24 for establishing property values under Subchapter M, Chapter 403,
46-25 Property Code.
46-26 (d) (1) When the board considers it necessary to accomplish
46-27 any of its purposes, including the removal of nonconforming uses
47-1 under a comprehensive zoning plan, the district may exercise the
47-2 right of eminent domain to acquire public or private property
47-3 located inside the district.
47-4 (2) The district may acquire or condemn property in
47-5 its entirety, or may acquire or condemn less than the entire estate
47-6 of property. If property is not currently used for a nonconforming
47-7 use, the board may elect to acquire the right of an owner to use
47-8 property for a nonconforming use. Any landowner whose property is
47-9 conveyed to the district, whether through sale or the exercise of
47-10 the power of eminent domain, shall have the right but not the duty
47-11 to save and except from such conveyance any private roads which
47-12 provide the landowner access to portions of the landowner's
47-13 property which are not conveyed to the district.
47-14 (3) An exercise of the power of eminent domain granted
47-15 by this Section is governed by Chapter 21 of the Texas Property
47-16 Code, except that the district shall not be required to give bond
47-17 for appeal or bond for costs under Sections 21.021(a)(2) and (3) of
47-18 the Texas Property Code in any condemnation suit or other suit to
47-19 which it is a party and shall not be required to deposit more than
47-20 the amount of any award in any suit.
47-21 (4) In the event that the amount of damages due to the
47-22 landowner under Section 21.042 of the Texas Property Code is not
47-23 sufficient to allow a landowner to obtain a reasonably comparable
47-24 replacement dwelling or structure, then under Section 21.046 of the
47-25 Texas Property Code, the district shall pay to the landowner an
47-26 additional amount which, when added to the amount of damages under
47-27 Section 21.042 of the Texas Property Code, will be sufficient to
48-1 allow the landowner to obtain a reasonably comparable replacement
48-2 dwelling or structure.
48-3 (e) (1) The district may adopt regulations governing the
48-4 businesses, whether commercial or industrial, within the boundaries
48-5 of the district and rules to enforce such regulations to the extent
48-6 that the city could otherwise adopt such regulations and rules, but
48-7 any regulations and rules adopted by the district, including
48-8 restrictions or regulations governing zoning, will be uniform in
48-9 application within the boundaries of the district and will
48-10 encourage the use of land within the district for industrial and
48-11 compatible purposes. No regulations within the district, including
48-12 zoning regulations, will affect agricultural uses of property
48-13 within the district.
48-14 (2) The district may adopt regulations that regulate
48-15 the health, safety and general welfare of residents and property
48-16 owners within the district, including land use and zoning
48-17 regulations. If the district adopts regulations and those
48-18 regulations are approved by the governing body of the city by
48-19 ordinance, then the city may not thereafter adopt an ordinance
48-20 regulating the matters regulated by the district. In adopting
48-21 this section, it is the intention of the legislature that only one
48-22 entity be responsible for regulating matters of the district, and
48-23 after regulations are approved by the city, further oversight by
48-24 the city of the matters regulated by the district is duplicative of
48-25 the district's regulatory authority and an unnecessary burden on
48-26 the residents and property owners in the district.
48-27 (f) If the district, in exercising a power conferred by this
49-1 Act, requires a relocation, adjustment, raising, lowering,
49-2 rerouting, or changing the grade of or altering the construction of
49-3 any street, alley, highway, overpass, underpass, road, railroad
49-4 track, bridge, facility or property, electric line, conduit,
49-5 facility or property, telephone or telegraph line, conduit,
49-6 facility or property, gas transmission or distribution pipe,
49-7 pipeline, main, facility or property, water, sanitary sewer or
49-8 storm sewer pipe, pipeline, main, facility or property, cable
49-9 television line, cable, conduit, facility or property, or other
49-10 pipeline or facility or property relating to the pipeline, that
49-11 relocation, adjustment, raising, lowering, rerouting, changing of
49-12 grade, or altering of construction must be accomplished at the sole
49-13 cost and expense of the district, and damages that are suffered by
49-14 owners of the property or facilities shall be borne by the
49-15 district.
49-16 (g) The district shall have no right to permanently close
49-17 any existing public roads or to otherwise impede public access to
49-18 existing public roads, except in connection with temporary closures
49-19 for repair of district facilities.
49-20 (h) Unless specifically set forth herein, nothing in this
49-21 Act shall authorize the district to exercise any regulatory
49-22 authority, including zoning authority, outside of the boundaries of
49-23 the district, and under no circumstances or for any purpose shall
49-24 any area outside of the boundaries of the district be deemed or
49-25 designated as extraterritorial to the district.
49-26 SECTION 9. TORT CLAIMS. The district is a unit of
49-27 government for purposes of Chapter 101, Civil Practice and Remedies
50-1 Code. The operations of the district are essential governmental
50-2 functions for all purposes and not proprietary functions.
50-3 SECTION 10. EXCLUDING TERRITORY. (a) At any time, the
50-4 board may on its own motion call a hearing on the question of the
50-5 exclusion of land from the district as provided in Chapters 49 and
50-6 54 of the Water Code, if the exclusions are practicable, just, or
50-7 desirable.
50-8 (b) The board must call a hearing on the exclusion of land
50-9 or other property from the district on the written petition of any
50-10 landowner or property owner in the district filed with the
50-11 secretary of the board before the issuance of bonds has been
50-12 authorized.
50-13 SECTION 11. AD VALOREM TAXES. The district may:
50-14 (a) levy ad valorem taxes to pay the costs of acquiring
50-15 property in accordance with this Act and to pay principal,
50-16 interest, and the redemption price on bonds, notes, or other
50-17 obligations of the district issued for a district corporate
50-18 purpose; and
50-19 (b) levy and collect an annual ad valorem tax on taxable
50-20 property in the district for maintenance, operation, and upkeep of
50-21 the district and the property acquired by the district and the
50-22 provision of services to industrial and commercial businesses and
50-23 property owners.
50-24 Chapter 375, Local Government Code, and the Tax Code shall
50-25 govern the powers and procedures of the district to levy and
50-26 collect ad valorem taxes and penalties, interest, and collection
50-27 charges thereon and the remedies of taxpayers.
51-1 The board may not levy or collect assessments.
51-2 SECTION 12. BONDS, NOTES, AND OTHER OBLIGATIONS. (a) The
51-3 district may issue its bonds or other obligations secured by
51-4 revenues (whether from provision of services or by contract with
51-5 public or private entities), by the levy of ad valorem taxes (which
51-6 shall be unlimited in rate or amount), grants, gifts, contracts,
51-7 leases, or any combination thereof. Obligations of the district
51-8 may be issued in the form of bonds, notes, certificates of
51-9 participation, including other instruments evidencing a
51-10 proportionate interest in payments to be made by the district, or
51-11 other obligations that are issued in the exercise of the district's
51-12 borrowing power and may be issued in bearer or registered form or
51-13 otherwise issued in the name of a specific purchaser, or not
51-14 represented by an instrument but the transfer of which is
51-15 registered on books maintained by or on behalf of the district.
51-16 (b) Bonds may be issued in accordance with the provisions of
51-17 Chapter 375, Local Government Code.
51-18 (c) If so provided in the bond order or resolution, the
51-19 proceeds from the sale of the bonds or other obligations of the
51-20 district may be used to pay interest on the bonds during and after
51-21 the period of the acquisition or construction of any improvement to
51-22 be provided through the issuance of the bonds or obligations, for
51-23 creating a reserve fund for the payment of the principal of and
51-24 interest on the bonds or obligations, or paying initial costs of
51-25 operation and maintenance for any project for a period of up to two
51-26 years, for reimbursing the city or owners of the property within
51-27 the district for the costs of creating the district and for
52-1 administrative costs relating to the establishment of the district,
52-2 and for paying any costs relating to the purchase of land,
52-3 including the administrative costs of the district and costs of
52-4 appraisal, surveying, eminent domain proceedings, or title
52-5 insurance or reports, and for creating any other funds.
52-6 (d) No approval of bonds or other obligations issued by the
52-7 district is required other than the approval of the city, as
52-8 provided in Section 14, and the attorney general of Texas to the
52-9 extent required by Article 717k-8, Revised Civil Statutes.
52-10 (e) All bonds or other obligations of the district are legal
52-11 and authorized investments for all banks, trust companies, building
52-12 and loan associations, savings and loan associations, insurance
52-13 companies of all kinds and types, fiduciaries, trustees, and
52-14 guardians, and for all interest and sinking funds and other public
52-15 funds of the state and all agencies, subdivisions, and
52-16 instrumentalities of the state, including all counties, cities,
52-17 towns, villages, school districts, and all other kinds and types of
52-18 districts, public agencies, and bodies politic. The bonds or other
52-19 obligations also are eligible and lawful security for all deposits
52-20 of public counties, cities, towns, villages, school districts, and
52-21 all other kinds and types of districts, public agencies, and bodies
52-22 politic, to the extent of the market value of the bonds or
52-23 obligations, when accompanied by any unmatured interest coupons
52-24 appurtenant thereto.
52-25 SECTION 13. ELECTIONS. (a) An election shall be called and
52-26 held to confirm establishment of the district as provided by
52-27 Chapters 49 and 54, Water Code, including confirmation of the
53-1 formulas for purchase of property as provided in Section 8. In the
53-2 event a majority of the votes cast at a confirmation election are
53-3 against the creation of the district, the board shall not call
53-4 another confirmation election for six months after the date the
53-5 former confirmation election is held. Prior to a successful
53-6 confirmation the district may not issue bonds or levy taxes or
53-7 assessments; however, the district has the power to carry on such
53-8 other business as the board may determine to the extent not
53-9 otherwise in conflict with this Act.
53-10 (b) A bond election, maintenance tax election, and any other
53-11 election held within the district may be held at the same time and
53-12 in conjunction with a confirmation election.
53-13 (c) Elections held within the district are not required to
53-14 be held on the uniform election dates specified in Section 41.001
53-15 of the Election Code.
53-16 (d) The district may hold an election in the manner provided
53-17 by Chapter 375, Subchapter L, Local Government Code, for the
53-18 purpose of approval for the district to levy an ad valorem tax or
53-19 to issue bonds payable from ad valorem taxes.
53-20 (e) The board may submit multiple purposes in a single
53-21 proposition at an election.
53-22 (f) Except as otherwise expressly provided herein, all
53-23 elections shall be held in accordance with the applicable
53-24 provisions of the Texas Election Code.
53-25 SECTION 14. CITY APPROVAL. (a) In addition to the
53-26 provisions of this Act where approval of the governing body of the
53-27 city may be otherwise required, the district must obtain the prior
54-1 approval of the governing body of the city for any one or more of
54-2 the following:
54-3 (1) issuance of bonds for any improvement project
54-4 comprised of the purchase or construction of facilities; or
54-5 (2) plans and specifications of any improvement
54-6 project that involves the use of the rights-of-ways of streets,
54-7 roads, or highways or the use of municipal land.
54-8 (b) The city shall never be obligated to pay any bonds,
54-9 notes, or other obligations of the district, except as provided by
54-10 Subsection (c) or (d) of Section 17 of this Act.
54-11 SECTION 15. ANNEXATION. The district may annex land upon
54-12 petition of the owners thereof in accordance with Chapter 49 and
54-13 54, Water Code, subject to the approval of the governing body of
54-14 the city.
54-15 SECTION 16. CONTRACTS WITH DISTRICT. The district is
54-16 authorized to contract with a city, county, other political
54-17 subdivision, corporation, or other persons to carry out the
54-18 purposes of this Act upon such terms and conditions and for such
54-19 period of time as the governing body may determine. A state
54-20 agency, city, county, other political subdivision, corporation,
54-21 individual, or other entity may contract with the district to carry
54-22 out the purposes of this Act without any further authorization,
54-23 notwithstanding any other law or charter provision to the contrary.
54-24 SECTION 17. DISSOLUTION. (a) The board may elect by
54-25 majority vote to dissolve the district at any time; provided,
54-26 however, the district may not be dissolved by the board if the
54-27 district has any outstanding bonded indebtedness until such bonded
55-1 indebtedness has been repaid or otherwise discharged in accordance
55-2 with Texas Revised Civil Statutes article 717k or the order or
55-3 resolution authorizing the issuance of the bonds.
55-4 (b) The board shall dissolve the district upon written
55-5 petition filed with the board by the owners of 75 percent of the
55-6 assessed value of the property in the district based on the most
55-7 recent certified county property tax rolls at the time or the
55-8 owners of 75 percent or more of the surface area of the district
55-9 (excluding roads, streets, highways, and utility rights-of-way)
55-10 based on the most recent certified county property tax rolls;
55-11 provided, however, the district may not be dissolved by the board
55-12 if the district has any outstanding bonded indebtedness until such
55-13 bonded indebtedness has been repaid or discharged in accordance
55-14 with Texas Revised Civil Statutes article 717k or the order of
55-15 resolution authorizing the issuance of the bonds.
55-16 (c) The governing body of the city shall be authorized, by a
55-17 vote of not less than two-thirds of the entire membership, to adopt
55-18 an ordinance dissolving the district. Upon the adoption of such an
55-19 ordinance the district shall be dissolved, and, in accordance with
55-20 Chapter 128, Acts of the 50th Legislature, 1947 (section 43.074,
55-21 Texas Local Government Code), the city shall:
55-22 (1) succeed to the property and assets of the
55-23 district;
55-24 (2) assume all debts, obligations and liabilities of
55-25 the district; and
55-26 (3) enforce any applicable land uses imposed through
55-27 the zoning authority of the district.
56-1 (d) The district shall be dissolved without further action
56-2 if there are no bonds or other obligations of the district
56-3 outstanding and the district has not completed the purchase program
56-4 by September 1, 1999. It is the intent of the legislature in
56-5 creating the district that the purchase program proceed
56-6 expeditiously, and if it is determined by the commissioners court
56-7 of the county upon application by the city that (i) the purchase
56-8 program is not complete, and (ii) that as of any September 1 the
56-9 board has not proceeded expeditiously with completion of the
56-10 purchase program, then the district shall be dissolved and the city
56-11 shall:
56-12 (1) succeed to the property and assets of the
56-13 district;
56-14 (2) assume all debts, obligations and liabilities of
56-15 the district;
56-16 (3) enforce any applicable land uses imposed through
56-17 the zoning authority of the district; and
56-18 (4) complete the purchase program from and to the
56-19 extent of assets of the district.
56-20 SECTION 18. POWERS OF THE CITY. Notwithstanding anything
56-21 herein, the creation of the district, the exercise of its powers
56-22 and duties within its boundaries, or the issuance of its bonds or
56-23 the levy of any taxes or assessments within its boundaries will
56-24 have no effect on the power or authority of the city, to exercise
56-25 its powers and duties within its boundaries or extraterritorial
56-26 jurisdiction, or to issue its bonds or levy its taxes or
56-27 assessments within its boundaries, including within the portion of
57-1 the city's boundaries or extraterritorial jurisdiction which lies
57-2 within the district.
57-3 SECTION 19. NOTICE AND CONSENT. The legislature finds that
57-4 proper and legal notice of the intention to introduce this Act,
57-5 setting forth the general substance of this Act, has been published
57-6 as provided by law, and the notice and a copy of this Act have been
57-7 furnished to all persons, agencies, officials, or entities to which
57-8 they are required to be furnished by the constitution and laws of
57-9 this state, including the governor of Texas, who has submitted the
57-10 notice and Act to the Texas Natural Resource Conservation
57-11 Commission. Also the legislature finds that the Texas Natural
57-12 Resource Conservation Commission has filed its recommendations
57-13 relating to this Act with the governor, lieutenant governor, and
57-14 speaker of the house of representatives within the required time.
57-15 The general law relating to consent by political subdivisions to
57-16 the creation of conservation and reclamation districts and the
57-17 inclusion of land in those districts has been complied with, and
57-18 all requirements of the constitution and laws of this state and the
57-19 rules and procedures of the legislature with respect to the notice,
57-20 introduction, and passage of this Act have been fulfilled and
57-21 accomplished.
57-22 SECTION 20. SEVERABILITY. The provisions of this Act are
57-23 severable. If any word, phrase, clause, sentence, section,
57-24 provision, or part of this Act should be held to be invalid or
57-25 unconstitutional, it shall not affect the validity of the remaining
57-26 portions, and it is hereby declared to be the legislative intent
57-27 that this Act would have been passed as to the remaining portions,
58-1 regardless of the invalidity of any part.
58-2 SECTION 21. EMERGENCY. The importance of this legislation
58-3 and the crowded condition of the calendar in both houses create an
58-4 emergency and an imperative public necessity that the
58-5 constitutional rule requiring bills to be read on three several
58-6 days in each house be suspended, and this rule is hereby suspended,
58-7 and that this Act take effect and be in force from and after its
58-8 passage, and it is so enacted.
58-9 COMMITTEE AMENDMENT NO. 1
58-10 Amend H.B. No. 3571 as follows:
58-11 1. Substitute in lieu of Section 5 the following:
58-12 SECTION 5. THE BOARD OF DIRECTORS. (a) The district is
58-13 governed by a board of fifteen directors.
58-14 (b) Except for the initial directors, the commissioners
58-15 court of Chambers County shall appoint directors to represent a
58-16 director district from a list of candidates recommended by the
58-17 board in the manner provided in subsection (j) of this section.
58-18 Directors serve staggered four-year terms. A vacancy in the office
58-19 of director shall be filled by an appointment made by the remaining
58-20 directors for the remainder of the unexpired term.
58-21 (c) Board members may serve successive terms.
58-22 (d) On the effective date of this Act, the following persons
58-23 constitute the initial board and are appointed for the terms
58-24 prescribed by subsection (d) of this section to represent the
58-25 following director district positions:
58-26 Director District Position Name of Director
58-27 1 Cissy Coon
59-1 2 Bill Wallace
59-2 3 Jean Nix
59-3 4 Charles Dyer
59-4 5 City Appointee
59-5 6 City Appointee
59-6 7 George G. Persyn
59-7 8 James Prentice
59-8 9 Joe Speelman
59-9 10 Robert M. Cooper
59-10 11 Buddy J. Shipp
59-11 12 David Langley
59-12 13 Paul Jackson
59-13 14 Dale Volz
59-14 15 James Gernentz
59-15 (e) The mayor of the city shall be an advisory non-voting
59-16 member of the Board. The mayor may require an item to be placed on
59-17 the Board agenda.
59-18 (f) The initial directors appointed for positions 1-6 serve
59-19 until June 1, 1999, and the initial directors appointed for
59-20 positions 7-15 serve until June 1, 2001.
59-21 (g) As soon as practicable after a director is appointed,
59-22 the director shall execute a $10,000 bond payable to the district
59-23 and conditioned on the faithful performance of the director's
59-24 duties. Each director's bond must be approved by the board, and
59-25 each director shall take the oath of office prescribed by the
59-26 constitution for public officers. The bond and oath shall be filed
59-27 with the district and retained in its records.
60-1 (h) After directors are appointed and have qualified by
60-2 executing a bond and taking the oath, they shall organize by
60-3 electing a chairman, a vice-chairman, a secretary, and any other
60-4 officers the board considers necessary.
60-5 (i) Each position on the board represents a separate area of
60-6 the district to be known as a director district. As soon as
60-7 possible after the effective date of this Act, the board shall
60-8 establish the boundaries of the director districts over areas in
60-9 the district that in the board's judgment provide a reasonable
60-10 balance in the board representation between acreage, value,
60-11 improvements, and interests of the property owners and residents in
60-12 the district. All land in the district shall be in a director
60-13 district. Director districts may not overlap. Director districts
60-14 may be composed of noncontiguous areas. The board from time to
60-15 time may establish new boundaries for one or more director
60-16 districts if it is necessary to provide a reasonable balance in the
60-17 board representation between acreage, value, improvements, and
60-18 interests of the property owners and residents in the district.
60-19 (j) Each director appointed by the commissioners court of
60-20 the county shall be at least 18 years old and be:
60-21 (1) a resident of the director district which such
60-22 person represents; or
60-23 (2) an owner of property in the director district
60-24 which such person represents; or
60-25 (3) an agent, employee, lessee, or tenant of an owner
60-26 of property in the director district which such person represents.
60-27 Except for the directors appointed in this Act, no person may
61-1 be appointed as a director or continue to serve as a director
61-2 unless they satisfy the requirements set forth in this subsection.
61-3 (k) The initial and each succeeding board of directors shall
61-4 recommend to the commissioners court of the county persons to serve
61-5 as successor directors. After reviewing the recommendations, the
61-6 commissioners court shall approve or disapprove the directors
61-7 recommended by the board. If the commissioners court is not
61-8 satisfied with the recommendations submitted by the board, the
61-9 board, on the request of the commissioners court, shall submit to
61-10 the commissioners court additional recommendations.
61-11 (l) The board is governed by Chapter 375, Local Government
61-12 Code, to the extent that chapter does not conflict with this Act.
61-13 A person who qualifies to serve on the board is qualified to serve
61-14 as a director and participate in all votes pertaining to the
61-15 business of the district regardless of any other statutory
61-16 provision to the contrary. A director who has a beneficial
61-17 interest in a business entity that will receive a pecuniary benefit
61-18 from an action of the board may participate in discussion and vote
61-19 on that action if a majority of the board has a similar interest in
61-20 the same action or if all other similar business entities in the
61-21 district will receive a similar pecuniary benefit. An employee of
61-22 a public entity may serve on the board of directors of the
61-23 district, but the public employee may not participate in the
61-24 discussion of or vote on any matter regarding contracts with the
61-25 public entity of which the director is an employee.
61-26 (m) One-half of the directors constitutes a quorum, and a
61-27 concurrence of a majority of a quorum of directors is required for
62-1 any official action of the district. In addition to board
62-2 approval, the written consent of at least two-thirds of the
62-3 directors is required to call an election, to authorize the levy of
62-4 taxes, the approval of the adoption of a buyout plan and buyout
62-5 formula, the approval of the issuance of bonds or other
62-6 obligations, or the approval of the adoption of zoning or other
62-7 regulations.
62-8 (n) Directors may be compensated in the manner provided by
62-9 Section 49.060, Water Code.
62-10 2. Substitute in lieu of Section 8 the following:
62-11 SECTION 8. ADDITIONAL SPECIFIC POWERS AND DUTIES. (a) In
62-12 addition to the rights, powers, privileges, authority, and
62-13 functions set forth in Sections 6 and 7 of this Act, the district
62-14 has and the board may undertake the additional rights, powers,
62-15 privileges, authority, and functions set forth in this section.
62-16 (b) The board and the district may exercise the power
62-17 granted by Chapter 211, Local Government Code, to the governing
62-18 body of a general law municipality to zone and restrict the use or
62-19 uses of property in the district by adopting zoning regulations.
62-20 In exercising their powers the board and the district shall follow
62-21 the procedures in Chapter 211, Local Government Code, applicable to
62-22 a general law municipality, including the provisions applicable to
62-23 the adoption of a comprehensive plan and the appointment of a
62-24 zoning commission and a board of adjustment. If the district is
62-25 ultimately dissolved by the city, or otherwise dissolved under
62-26 Section 21 hereof, then the zoning regulations and comprehensive
62-27 plan, until modified by the city, shall survive and be enforced by
63-1 the city as if they had been adopted by the governing body of the
63-2 city.
63-3 (c) After adoption of zoning regulations and a comprehensive
63-4 plan by the board, the district may acquire real property,
63-5 including improvements thereon which are used for purposes that are
63-6 nonconforming to the uses permitted by the district's zoning
63-7 regulations or comprehensive plan, and may acquire any personal
63-8 property which is currently being used or which may in the future
63-9 be used for purposes that are nonconforming to the uses permitted
63-10 by the district's zoning regulations and comprehensive plan. The
63-11 district may hold, improve, clear, or otherwise prepare the
63-12 property so acquired for redevelopment or development, mortgage or
63-13 otherwise encumber or dispose of or sell the property, insure or
63-14 provide for the insurance of the property, and enter into any other
63-15 contracts or agreements with respect to such property. To the
63-16 extent the district has funds available for such purpose, the
63-17 district may acquire nonconforming residential property. If the
63-18 board determines that sufficient funds will be available to the
63-19 district, after acquisition of such noncomforming residential
63-20 property, the district may acquire nonconforming nonresidential
63-21 property or other property held for conforming or nonconforming
63-22 uses. If the board deems it advisable, the district may acquire by
63-23 purchase or eminent domain a property owner's right to use property
63-24 for nonconforming uses without acquiring an ownership interest in
63-25 the property. The district may use the proceeds of its bonds or
63-26 other obligations, or other available funds, to carry out the
63-27 purposes of this Act.
64-1 (d)(1) When the board considers it necessary to accomplish
64-2 any of its purposes, including the removal of nonconforming uses
64-3 under a comprehensive plan, the district may exercise the right of
64-4 eminent domain to acquire public or private property, whether
64-5 located inside or outside the district, or any interest therein,
64-6 except that if the exercise of eminent domain is for the removal of
64-7 nonconforming uses under the district's comprehensive plan, or for
64-8 the right of a property owner to use property for nonconforming
64-9 uses under the district's comprehensive plan, the property must be
64-10 inside the district.
64-11 (2) The district may acquire or condemn the property
64-12 in its entirety, or may acquire or condemn less than the entire
64-13 estate of property. The board may elect to acquire the right of an
64-14 owner to use property for a nonconforming use.
64-15 (3) An exercise of the power of eminent domain granted
64-16 by this section is governed by Chapter 21 of the Texas Property
64-17 Code, except that the district shall not be required to give bond
64-18 for appeal or bond for costs under Section 21.021(a)(2) and (3) of
64-19 the Texas Property Code in any condemnation suit or other suit to
64-20 which it is a party and shall not be required to deposit more than
64-21 the amount of any award in any suit.
64-22 (4) In the event that the amount of compensation due
64-23 to the landowner for a taking of residential nonconforming property
64-24 under Section 21.042 of the Texas Property Code is not sufficient
64-25 to allow a landowner to obtain a reasonably comparable replacement
64-26 dwelling or structure, then under Section 21.046 of the Texas
64-27 Property Code, the district may (but is not required to) pay to the
65-1 landowner an additional amount which, when added to the amount of
65-2 damages under Section 21.042 of the Texas Property Code, will be
65-3 sufficient to allow the landowner to obtain a reasonably comparable
65-4 replacement dwelling or structure.
65-5 (e) If the district, in exercising a power conferred by this
65-6 Act, requires a relocation, adjustment, raising, lowering,
65-7 rerouting, or changing the grade of or altering the construction of
65-8 any street, alley, highway, overpass, underpass, road, railroad
65-9 track, bridge, facility or property, electric line, conduit,
65-10 facility or property, telephone or telegraph line, conduit,
65-11 facility or property, gas transmission or distribution pipe,
65-12 pipeline, main, facility or property, water, sanitary sewer or
65-13 storm sewer pipe, pipeline, main, facility or property, cable
65-14 television line, cable, conduit, facility or property, or other
65-15 pipeline or facility or property relating to the pipeline, that
65-16 relocation, adjustment, raising, lowering, rerouting, changing of
65-17 grade, or altering of construction must be accomplished at the
65-18 sole cost and expense of the district, and damages that are
65-19 suffered by owners of the property or facilities shall be borne by
65-20 the district.
65-21 (f) For purposes of this Act, the following definitions
65-22 apply:
65-23 (1) "comprehensive plan" means the comprehensive plan
65-24 approved by the board of directors in accordance with the
65-25 provisions of this Act and Chapter 211, Local Government Code.
65-26 (2) "conforming property" means property which is used
65-27 or proposed to be used in conformity with the district's zoning
66-1 regulations and comprehensive plan.
66-2 3. Substitute in lieu of Section 14 the following:
66-3 SECTION 14. APPROVAL OF THE CITY. (a) The district must
66-4 obtain the prior approval of the governing body of the city for any
66-5 one or more of the following:
66-6 (1) issuance of bonds or other obligations;
66-7 (2) plans and specifications of any project that
66-8 involves the use of the rights-of-way of streets, roads, or
66-9 highways or the use of municipal land;
66-10 (3) valuation procedures for a district property
66-11 acquisition program;
66-12 (4) property acquisition plan;
66-13 (5) property acquisition formula;
66-14 (6) bond proposition and bond elections;
66-15 (7) zoning or other district regulations; or
66-16 (8) the exercise of the powers of eminent domain by
66-17 the district.
66-18 (b) The city shall never be obligated to pay any bonds,
66-19 notes, or other obligations of the district, except as provided in
66-20 subsection (c) of section 21 of this Act.
66-21 4. Add a new sentence in Section 15 at the end of the first
66-22 sentence ending with city as follows:
66-23 The confirmation election will be held during April 1998.
66-24 5. Substitute in lieu of Section 16 the following:
66-25 SECTION 16. CONTRACTS. (a) The city, the county, or any
66-26 other political subdivision of the state, without further
66-27 authorization, may contract with the district to jointly pay the
67-1 cost of a project of the district, jointly pay the cost of property
67-2 acquisition by the district, or aid and assist the district in
67-3 providing the services authorized under this Act. A contract under
67-4 this subsection may:
67-5 (1) be for a period of time on which the parties
67-6 agree;
67-7 (2) include terms on which the parties agree;
67-8 (3) be payable from taxes or any other sources of
67-9 revenue that may be available for such purpose, including tax
67-10 increments from a tax increment reinvestment zone; or
67-11 (4) provide that taxes or other revenue collected at a
67-12 district project or from a person using or purchasing a commodity
67-13 or service at a district project may be paid or rebated to the
67-14 district under the terms of the contract.
67-15 (b) The district may enter into a contract, lease, or
67-16 agreement with or make or accept grants and loans to or from:
67-17 (1) the United States, including federal departments
67-18 and agencies;
67-19 (2) the state or a state agency;
67-20 (3) a county, municipality, or other political
67-21 subdivision of the state;
67-22 (4) a public or private corporation, including a
67-23 nonprofit corporation created by the board under this Act; and
67-24 (5) any other person.
67-25 (c) The initial term of a district lease, contract, or
67-26 agreement shall not exceed a term of forty (40) years.
67-27 (d) The district may perform all acts necessary for the full
68-1 exercise of the powers vested in the district on terms and
68-2 conditions and for the term the board may determine to be
68-3 advisable.
68-4 6. Substitute in lieu of subsection (c) in Section 17 as
68-5 follows:
68-6 (c) With the consent of the board, the governing body of the
68-7 city shall be authorized, by a vote of not less than two-thirds of
68-8 the entire membership, to adopt an ordinance dissolving the
68-9 district. Upon the adoption of such an ordinance the district
68-10 shall be dissolved, and, in accordance with Chapter 128, Acts of
68-11 the 50th Legislature, 1947 (section 43.074, Texas Local Government
68-12 Code), the city shall:
68-13 (1) succeed to the property and assets of the
68-14 district;
68-15 (2) assume all debts, obligations and liabilities of
68-16 the district; and
68-17 (3) enforce any applicable land uses imposed through
68-18 the zoning authority of the district.
68-19 7. Add a new subsection (d) to Section 17 as following:
68-20 (d) If the district does not issue bonds or commence a land
68-21 acquisition program by September 1, 1998, the city council by
68-22 majority vote may thereafter dissolve the district at any time
68-23 before the district issues bonds.
68-24 8. Substitute in lieu of Section 18 the following:
68-25 SECTION 18. POWERS OF THE CITY. Except as provided herein,
68-26 the creation of the district, the exercise of its powers and duties
68-27 within its boundaries, or the issuance of its bonds or the levy of
69-1 any taxes within its boundaries will have no effect on the power or
69-2 authority of the city to exercise its powers and duties within its
69-3 boundaries or extraterritorial jurisdiction, or to issue its bonds
69-4 or levy its taxes within its boundaries, including within the
69-5 portion of the city's boundaries or extraterritorial jurisdiction
69-6 which lies within the district. After zoning regulations, a
69-7 comprehensive plan, or other district regulations have been adopted
69-8 by the district, the city may not adopt regulations or ordinances
69-9 regulating the matters regulated by the district. It is the
69-10 intention of the legislature that only one entity be responsible
69-11 for regulating matters within the district, and after regulations
69-12 are approved by the district, further oversight by the city of the
69-13 matters regulated by the district is duplicative of the district's
69-14 regulatory authority and an unnecessary burden on the residents and
69-15 property owners in the district.
69-16 Counts
69-17 COMMITTEE AMENDMENT NO. 2
69-18 Amend H.B. 3571 as follows:
69-19 On page 12, strike line 9 through line 24.
69-20 On page 13, strike line 1 through 11.
69-21 On page 24, line 6, strike, "Southeast", and insert, "East"
69-22 On page 24, strike, lines 7 through 24.
69-23 On page 25, strike, lines 1 through 11.
69-24 Counts