By: Ratliff S.B. No. 1794
99S0850/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to powers and duties of the Red River Redevelopment
1-2 Authority; validating certain acts of the authority.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivisions (4), (5), and (6), Section 1,
1-5 Chapter 831, Acts of the 75th Legislature, Regular Session, 1997
1-6 (Article 1269j-18, Vernon's Texas Civil Statutes), are amended to
1-7 read as follows:
1-8 (4) "Cities" means the cities of Texarkana, New
1-9 Boston, Hooks, Nash, Wake Village, Leary, Redwater, Maud, [and]
1-10 DeKalb, and Red Lick, Texas.
1-11 (5) "Property" means land, improvements, and personal
1-12 property described in Section 8A [4] of this Act.
1-13 (6) "Eligible project" means a project determined by
1-14 the board to be necessary or incidental to the industrial,
1-15 commercial, or business development, redevelopment, maintenance,
1-16 and expansion of new and existing businesses on and for the
1-17 property now known, or formerly known, as Red River Army Depot in
1-18 Bowie County, Texas, described in Section 8A [4] of this Act,
1-19 including but not limited to the acquisition, construction,
1-20 operation, maintenance, repair, rehabilitation, replacement,
1-21 improvement, extension, expansion, and [or] enhancement of any and
1-22 all of such property, including but not limited to:
1-23 (A) roads, bridges, and rights-of-way;
1-24 (B) housing;
2-1 (C) real and personal property;
2-2 (D) police, fire, medical, cultural,
2-3 educational, and research services, equipment, institutions, and
2-4 resources;
2-5 (E) other community support services;
2-6 (F) flood control, water, wastewater treatment,
2-7 natural gas, electricity, solid waste disposal, steam generation,
2-8 communications, and other utility facilities and services; [and]
2-9 (G) other infrastructure improvements; and
2-10 (H) any other services or facilities acquired by
2-11 the authority from the United States of America.
2-12 SECTION 2. Section 2, Chapter 831, Acts of the 75th
2-13 Legislature, Regular Session, 1997 (Article 1269j-18, Vernon's
2-14 Texas Civil Statutes), is amended to read as follows:
2-15 Sec. 2. ESTABLISHMENT. (a) The creation, establishment,
2-16 and organization of the authority are validated, ratified,
2-17 approved, and confirmed. The [is hereby established as an
2-18 authority of the State of Texas with] boundaries of the authority
2-19 are coterminous with the boundaries of the real property described
2-20 in Section 8A [4] of this Act. The boundaries of the authority may
2-21 be expanded from time to time as additional real property, if any,
2-22 is conveyed to the authority by the United States of America[, on
2-23 adoption of resolutions by both the cities and the county
2-24 authorizing the authority's establishment and each appointing
2-25 members to the board as outlined in Section 3 of this Act].
2-26 (b) The authority is a governmental agency, a body politic
3-1 and corporate, and a political subdivision of this state.
3-2 (c) For all purposes, including the application of Chapter
3-3 101, Civil Practice and Remedies Code, the authority is a unit of
3-4 government and the operations of the authority are considered to be
3-5 essential governmental functions and not proprietary functions.
3-6 (d) The authority is subject to Chapters 551 and 552,
3-7 Government Code.
3-8 (e) The authority is a duly constituted authority authorized
3-9 to issue revenue bonds in accordance with the provisions of
3-10 Sections 54.502 and 54.503, Water Code, for the purposes of the
3-11 authority.
3-12 (f) The authority shall be subject to the regulatory
3-13 authority of the state or any agencies of the state to the same
3-14 extent as a municipal corporation.
3-15 SECTION 3. Section 3, Chapter 831, Acts of the 75th
3-16 Legislature, Regular Session, 1997 (Article 1269j-18, Vernon's
3-17 Texas Civil Statutes), is amended by amending Subsections (b) and
3-18 (c) and adding Subsections (h) and (i) to read as follows:
3-19 (b) The board is composed of the following members:
3-20 (1) two members appointed by the county judge of the
3-21 county;
3-22 (2) one member appointed by the commissioners court of
3-23 the county;
3-24 (3) three members appointed by the mayor of Texarkana,
3-25 Texas;
3-26 (4) one member appointed by the mayor of New Boston,
4-1 Texas;
4-2 (5) one member appointed by the mayor of Hooks, Texas;
4-3 (6) one member appointed by the mayor of Nash, Texas;
4-4 (7) one member appointed by the mayor of Wake Village,
4-5 Texas;
4-6 (8) one member appointed by the mayor of Leary, Texas;
4-7 (9) one member appointed by the mayor of Redwater,
4-8 Texas;
4-9 (10) one member appointed by the mayor of Maud, Texas;
4-10 (11) one member appointed by the mayor of DeKalb,
4-11 Texas; and
4-12 (12) one [at-large] member appointed [elected] by the
4-13 mayor of Red Lick, Texas [appointed members].
4-14 (c) A vacancy on the board is filled in the same manner as
4-15 the original appointment. Each board member serves for a term of
4-16 two years. Each board member who is also an elected official
4-17 serves for a term coinciding with the elected office term. The
4-18 board by rule or resolution may provide for the appointment of
4-19 members of the board in alternate years and may determine the
4-20 number and manner of deciding which members shall be appointed in
4-21 odd-numbered years and which shall be appointed in even-numbered
4-22 years.
4-23 (h) A board member is not entitled to compensation for
4-24 service on the board but is entitled to be reimbursed for necessary
4-25 expenses incurred in carrying out the duties and responsibilities
4-26 of a board member.
5-1 (i) A position on the board may not be construed to be a
5-2 civil office of emolument for any purpose, including those purposes
5-3 described in Section 40, Article XVI, Texas Constitution. Elected
5-4 officials of the county and cities may serve on the board without
5-5 penalty or forfeiture of office. In the event of any conflict
5-6 between this section and any provision of statutory or common law
5-7 which would in any way prevent the elected officials from serving
5-8 on the board, the provisions of this section shall prevail and be
5-9 given effect. A conflict of interest, under either statutory or
5-10 common law, for any board member regarding a particular matter to
5-11 come before the board, shall be governed by Chapter 171, Local
5-12 Government Code.
5-13 SECTION 4. Chapter 831, Acts of the 75th Legislature,
5-14 Regular Session, 1997 (Article 1269j-18, Vernon's Texas Civil
5-15 Statutes), is amended by amending Sections 4 and 5 to read as
5-16 follows:
5-17 Sec. 4. PURPOSE. (a) The authority is created to:
5-18 (1) accept title on approval by and in coordination
5-19 with the governor from the United States to all or any portion of
5-20 the [excess personal and real] property [situated] within, adjacent
5-21 to, or related to the property described in Section 8A of this Act.
5-22 The property shall consist of any property, whether real, personal,
5-23 or mixed, and any rights, whether tangible or intangible, assets,
5-24 benefits, or improvements related to the existence, development,
5-25 operation, or maintenance of the property [Red River Army Depot,
5-26 being legally described by the United States Army Corps of
6-1 Engineers, Fort Worth District], now or in the future, [life] of
6-2 the authority;
6-3 (2) promote the location and development of new
6-4 businesses, [and] industries, and commercial activities within or
6-5 related to the [on that] property [described in Subdivision (1) of
6-6 this section]; and
6-7 (3) undertake eligible projects.
6-8 (b) The creation of the authority is necessary to promote,
6-9 develop, encourage, and maintain employment, commerce, economic
6-10 development, and the public welfare and to conserve the natural
6-11 resources of the state and is essential to accomplish the purposes
6-12 of Sections 49-d, 52, and 52-a, Article III, and Section 59,
6-13 Article XVI, Texas Constitution, in an area previously established
6-14 and developed by the United States government for military support
6-15 purposes and no longer to be similarly maintained for such purposes
6-16 by the federal government.
6-17 Sec. 5. POWERS AND DUTIES OF THE AUTHORITY. (a) Except as
6-18 provided by Subsection (c) [(b)] of this section, the authority
6-19 created under this Act is [hereby] granted, has, and may exercise
6-20 [on approval by and in coordination with the governor] all powers,
6-21 functions, authority, rights, and duties necessary or appropriate
6-22 to carry out, achieve, or effectuate eligible projects and the
6-23 purposes [purpose] of this Act, including, but not limited to
6-24 [without limitation], the following powers:
6-25 (1) to sue and be sued, and plead and be impleaded, in
6-26 its own name;
7-1 (2) to adopt an official seal and alter same when
7-2 deemed advisable and to adopt, [and] enforce, and from time to time
7-3 amend [bylaws,] rules[,] and regulations for the conduct of its
7-4 affairs, not inconsistent with the provisions of this Act;
7-5 (3) to acquire, hold, own, pledge, and dispose of its
7-6 revenues, income, receipts, funds, and money from every source and
7-7 to select its depository or depositories;
7-8 (4) to acquire, own, rent, lease, accept, hold, or
7-9 dispose of any or all of the [real, personal, or mixed] property
7-10 [comprising the property,] or any interest therein, in performing
7-11 its duties and exercising its powers under this Act, by purchase,
7-12 exchange, gift, assignment, [condemnation,] sale, lease, or
7-13 otherwise, including rights or easements, and to hold, manage,
7-14 operate, or improve the property;
7-15 (5) to sell, assign, lease, encumber, mortgage, or
7-16 otherwise dispose of any or all of [real, personal, or mixed
7-17 property comprising] the property, or any interest therein, and
7-18 release or relinquish any right, title, claim, lien, interest,
7-19 easement, or demand however acquired, and to do any of the
7-20 foregoing by public or private sale, with or without public
7-21 bidding, notwithstanding the provisions of any other law, and to
7-22 lease or rent any lands [within the property] and buildings,
7-23 structures, or facilities [located on the property] from or to any
7-24 person, firm, corporation, city, or other public agency or
7-25 political subdivision to effectuate the purposes of this Act;
7-26 (6) to request and to accept any appropriations,
8-1 grants, allocations, subsidies, guaranties, aid, contributions,
8-2 services, labor, materials, gifts, or donations from the federal
8-3 government, the state, any city, public agency, or political
8-4 subdivision, or any other sources;
8-5 (7) to operate and maintain an office and to appoint
8-6 and determine the duties, tenure, qualifications, and compensation
8-7 of such officers, employees, agents, professional advisors and
8-8 counselors, including, without limitation, financial consultants,
8-9 accountants, attorneys, architects, engineers, appraisers, and
8-10 financing experts, as are deemed necessary or advisable by the
8-11 board;
8-12 (8) to borrow money and to issue bonds, payable solely
8-13 from all or any portion of any revenues of the authority, by
8-14 resolution or order of the board and without the necessity of an
8-15 election;
8-16 (9) to contract and be contracted with in its own name
8-17 with any person or entity in the performance of any of the
8-18 authority's powers or duties, to carry out eligible projects, or to
8-19 effectuate the purposes of this Act, for a period of years, on such
8-20 terms and conditions and by competitive bidding or by negotiated
8-21 contract, all as deemed by the board to be appropriate, desirable,
8-22 and in the best interests of the authority and the accomplishment
8-23 of the purposes of this Act;
8-24 (10) to fix and revise from time to time and charge
8-25 and collect rents, rates, fees, and charges regarding the property
8-26 [for its facilities] and any services provided by the authority;
9-1 (11) [(10)] to exercise those powers granted to
9-2 municipalities in Chapters 373 and 380, Local Government Code, for
9-3 the development of housing and expansion of economic development
9-4 and commercial activity;
9-5 (12) [(11)] to exercise those powers granted to
9-6 general law districts in Chapter 49, Water Code, and to municipal
9-7 utility districts in Chapter 54, Water Code;
9-8 (13) [(12)] to exercise those powers granted to road
9-9 utility districts in Chapter 441, Transportation Code; [and]
9-10 (14) to exercise those powers granted to
9-11 municipalities and counties in Subchapter C, Chapter 271, Local
9-12 Government Code;
9-13 (15) [(13)] to exercise those powers granted to
9-14 municipalities [and counties] in [Subchapter C,] Chapter 402 [271],
9-15 Local Government Code, for the provision of municipal utilities;
9-16 and
9-17 (16) to acquire, hold, own, sell, assign, lease,
9-18 encumber, mortgage, or otherwise dispose of any real, personal, or
9-19 mixed property located outside the perimeter of the property
9-20 described in Section 8A of this Act if such other property enhances
9-21 or facilitates the development, redevelopment, maintenance, or
9-22 expansion of new and existing businesses, industry, or commercial
9-23 activity on the property.
9-24 (b) To the extent the general laws may be inconsistent or in
9-25 conflict with this Act, the provisions of this Act shall prevail.
9-26 It is further the intention of the legislature that the authority
10-1 shall have all the power and authority necessary to fully qualify
10-2 and gain the benefits of any and all laws which are in any way
10-3 helpful in carrying out the purposes for which the authority is
10-4 created, and the provisions of all such laws of which the authority
10-5 may lawfully avail itself are adopted by this reference and made
10-6 applicable to the authority to the extent they do not conflict with
10-7 this Act.
10-8 (c) The authority created by this Act does not have and may
10-9 not use the power of eminent domain.
10-10 SECTION 5. Chapter 831, Acts of the 75th Legislature,
10-11 Regular Session, 1997 (Article 1269j-18, Vernon's Texas Civil
10-12 Statutes), is amended by amending Sections 7 and 8 and adding
10-13 Section 8A to read as follows:
10-14 Sec. 7. DISSOLUTION. The authority may be dissolved by the
10-15 board on approval of the cities and county after all debts or
10-16 obligations have been duly satisfied or retired with such assets of
10-17 the authority to be conveyed or transferred to the county. It is
10-18 the intention of the legislature that the authority be dissolved,
10-19 with the approval of the cities and county governing bodies, after
10-20 conveyance and sale of all of the property [with the approval of
10-21 the cities and county governing bodies].
10-22 Sec. 8. SUCCESSOR. The authority is the successor in
10-23 interest to the Red River Local Redevelopment Authority, a planning
10-24 authority organized under the county and recognized by the United
10-25 States Department of the Army, and shall succeed to all rights and
10-26 liabilities of the Red River Local Redevelopment Authority. Bowie
11-1 County shall be, and it is hereby, authorized to transfer to the
11-2 authority by deed, bill of sale, or otherwise, all assets,
11-3 including personal and real property, accumulated or acquired from,
11-4 or with funds provided by, the United States Department of the Army
11-5 or the State of Texas for the development, redevelopment,
11-6 maintenance, or expansion of the property, together with any
11-7 unexpended funds made available for those purposes by the United
11-8 States Department of the Army or the State of Texas. Such transfer
11-9 of assets shall be made without the requirement of public notice or
11-10 bidding; provided, however, this provision shall not authorize the
11-11 transfer of public funds of Bowie County, other than the funds
11-12 described by this section except as may be otherwise provided by
11-13 law.
11-14 Sec. 8A. AUTHORITY PROPERTY. The initial property
11-15 comprising the authority shall be the following described tract of
11-16 real property located in Bowie County, Texas, as conveyed, or to be
11-17 conveyed, in one or more parcels, by the United States of America
11-18 to the authority, to-wit:
11-19 LAND DESCRIPTION - 765.5 Acres
11-20 A tract of land situated in the Charles Collom Survey, Abstract No.
11-21 108, Jonathan Collom Survey, Abstract No. 109, C. M. Akin Survey,
11-22 Abstract No. 2, J. H. Smelser Survey, Abstract No. 722, John M.
11-23 Smith Survey, Abstract No. 819, and the John Paxton Survey,
11-24 Abstract No. 461, Bowie County, Texas, and being all of a one tract
11-25 of land, Tract No. 503 as described in Warranty Deed to the United
11-26 States of America as recorded in Volume 192, Page 92 (Tract No. 2)
12-1 of the Deed Records of Bowie County, Texas, and being a portion of
12-2 nine tracts of land, Tract No. 504 as described in Judgement on
12-3 Declaration of Taking No. 1 as recorded in Volume 184, Page 148 of
12-4 the Deed Records of Bowie County, Texas, Tract No. 501 as described
12-5 in Warranty Deed to the United States of America as recorded in
12-6 Volume 188, Page 342 of the Deed Records of Bowie County, Texas,
12-7 Tract No. 502 as described in Warranty Deed to the United States of
12-8 America as recorded in Volume 190, Page 372 of the Deed Records of
12-9 Bowie County, Texas, Tract No. 537 as described in Warranty Deed to
12-10 the United States of America as recorded in Volume 190, Page 372 of
12-11 the Deed Records of Bowie County, Texas, Tract No. 503 as described
12-12 in Warranty Deed to the United States of America as recorded in
12-13 Volume 192, Page 92 (Tract No. 1) of the Deed Records of Bowie
12-14 County, Texas, Tract No. 531 as described in Warranty Deed to the
12-15 United States of America as recorded in Volume 186, Page 121 of the
12-16 Deed Records of Bowie County, Texas, and Tract No. 529 as described
12-17 in Judgement on Declaration of Taking No. 1 as recorded in Volume
12-18 184, Page 148 of the Deed Records of Bowie County, Texas, Tract No.
12-19 527 as described in Warranty Deed to the United States of America
12-20 as recorded in Volume 190, Page 116 of the Deed Records of Bowie
12-21 County, Texas, and Tract No. 526 as described in Judgement on
12-22 Declaration of Taking No. 4 as recorded in Volume 192, Page 135 of
12-23 the Deed Records of Bowie County, Texas, and being more
12-24 particularly described as follows:
12-25 COMMENCING at a PK nail set in concrete fence post base at the
12-26 intersection of the southerly right-of-way line of the Texas
13-1 Pacific Railroad with the east line of the said Charles Collom
13-2 Survey and being the northeast corner of the Red River Army Depot
13-3 as reference in the completion report for the Red River Ordinance
13-4 Depot, dated November 30, 1942, from which a one inch brass rod
13-5 stamped "R.R.O.D. #2, 1942" found in a four inch by four inch
13-6 concrete base bears South 19 degrees 26 minutes 24 seconds West a
13-7 distance of 7.21 feet;
13-8 THENCE, South 86 degrees 22 minutes 15 seconds West along the
13-9 southerly right-of-way line of the Texas & Pacific Railroad a
13-10 distance of 3,664.42 feet to a five-eighths inch iron rod set with
13-11 "Huitt-Zollars" cap at the POINT OF BEGINNING, said POINT OF
13-12 BEGINNING also being North 00 degrees 18 minutes 22 seconds West
13-13 2,827.78 feet and North 86 degrees 21 minutes 50 seconds East
13-14 1,017.50 feet from the Southeast Corner of the Jonathan Collum
13-15 Headright Survey, A-108;
13-16 THENCE, South 03 degrees 53 minutes 26 seconds East and along a
13-17 chain link fence a distance of 457.13 feet to a five-eighths inch
13-18 iron rod set with "Huitt-Zollars" cap, said rod being southwesterly
13-19 of the centerline of a spur railroad track a perpendicular distance
13-20 of 10.00 feet and being the beginning of a non-tangent curve to the
13-21 right;
13-22 THENCE, in a southerly direction parallel with and 10.00 foot from
13-23 said spur tract and along said curve to the right through a central
13-24 angle of 22 degrees 08 minutes 35 seconds and having a radius of
13-25 643.04 feet and an arc length of 248.52 feet, being subtended by a
13-26 chord of South 14 degrees 45 minutes 12 seconds East a distance of
14-1 246.97 feet to a five-eighths inch iron rod set with
14-2 "Huitt-Zollars" cap at the end of said curve;
14-3 THENCE, South 04 degrees 00 minutes 36 seconds East parallel with
14-4 and 10.00 foot from said spur track a distance of 232.21 feet to a
14-5 five-eighths inch iron rod set with "Huitt-Zollars" caps;
14-6 THENCE, South 86 degrees 32 minutes 05 seconds West a distance of
14-7 49.86 feet to a chain link fence corner post from which a
14-8 five-eighths inch iron rod set with "Huitt-Zollars" cap bears North
14-9 48 degrees 34 minutes 56 seconds West a distance of 14.17 feet;
14-10 THENCE, with said chain link fence the following bearings and
14-11 distances: South 03 degrees 41 minutes 59 seconds East a distance
14-12 of 1,285.86 feet to a fence corner post from which a Mag nail set
14-13 bears North 48 degrees 36 minutes 24 seconds West a distance of
14-14 14.17 feet; South 86 degrees 29 minutes 10 seconds West a distance
14-15 of 387.63 feet to a fence corner post from which a five-eighths
14-16 inch iron rod set with "Huitt-Zollars" cap bears North 19 degrees
14-17 35 minutes 50 seconds West a distance of 10.87 feet; North 47
14-18 degrees 17 minutes 25 seconds West a distance of 199.70 feet to a
14-19 fence corner post from which a five-eighths inch iron rod set with
14-20 "Huitt-Zollars" cap bears North 63 degrees 55 minutes 37 seconds
14-21 East a distance of 10.73 feet; North 04 degrees 51 minutes 15
14-22 seconds West a distance of 243.22 feet to a fence corner post from
14-23 which a five-eighths inch iron rod set with "Huitt-Zollars" cap
14-24 bears North 40 degrees 36 minutes 11 seconds East a distance of
14-25 14.03 feet; South 86 degrees 03 minutes 42 seconds West a distance
14-26 of 51.40 feet to a gate post from which a PK nail set bears North
15-1 06 degrees 09 minutes 13 seconds West a distance of 10.01 feet;
15-2 THENCE, South 81 degrees 37 minutes 54 seconds West along said
15-3 fence and an extension thereof a distance of 425.22 feet to a fence
15-4 corner post from which a cut cross set bears North 04 degrees 53
15-5 minutes 09 seconds West a distance of 10.02 feet;
15-6 THENCE, South 88 degrees 35 minutes 51 seconds West along a chain
15-7 link fence a distance of 237.60 feet to a fence post from which a
15-8 five-eighths inch iron rod set with "Huitt-Zollars" cap bears North
15-9 02 degrees 40 minutes 08 seconds West a distance of 10.00 feet;
15-10 THENCE, South 86 degrees 03 minutes 56 seconds West continuing
15-11 along said fence a distance of 867.95 feet to a five-eighths inch
15-12 iron rod set with "Huitt-Zollars" cap in fence line from which a
15-13 five-eighths inch iron rod set with "Huitt-Zollars" cap bears North
15-14 10 degrees 33 minutes 59 seconds West a distance of 10.07 feet;
15-15 THENCE, South 72 degrees 48 minutes 06 seconds West and along a
15-16 chain link fence a distance of 485.28 feet to a fence corner post
15-17 from which a five-eighths inch iron rod set with "Huitt-Zollars"
15-18 cap bears North 07 degrees 09 minutes 32 seconds West a distance of
15-19 10.16 feet;
15-20 THENCE, North 87 degrees 07 minutes 08 seconds West along said
15-21 chain link fence a distance of 128.15 feet to a fence post from
15-22 which a five-eighths inch iron rod set with "Huitt-Zollars" cap
15-23 bears North 04 degrees 11 minutes 40 seconds East a distance of
15-24 10.00 feet;
15-25 THENCE, North 84 degrees 29 minutes 27 seconds West along said
15-26 fence a distance of 196.24 feet to a fence corner post from which a
16-1 five-eighths inch iron rod set with "Huitt-Zollars" cap bears North
16-2 05 degrees 24 minutes 10 seconds East a distance of 10.00 feet;
16-3 THENCE, departing said fence North 84 degrees 42 minutes 09 seconds
16-4 West a distance of 390.24 feet to a gate post from which a
16-5 five-eighths inch iron rod set with "Huitt-Zollars" cap bears North
16-6 05 degrees 27 minutes 21 seconds East a distance of 10.00 feet;
16-7 THENCE, North 84 degrees 23 minutes 06 seconds West along a chain
16-8 link fence a distance of 210.73 feet to a five eighths inch iron
16-9 rod set with "Huitt-Zollars" cap in fence line from which a
16-10 five-eighths inch iron rod set with "Huitt-Zollars" cap bears North
16-11 25 degrees 53 minutes 04 seconds West a distance of 11.73 feet;
16-12 THENCE, South 32 degrees 36 minutes 57 seconds West and along a
16-13 chain link fence a distance of 184.63 feet to a fence corner post
16-14 from which a five-eighths inch iron rod set with "Huitt-Zollars"
16-15 cap bears North 75 degrees 49 minutes 06 seconds West a distance of
16-16 10.54 feet;
16-17 THENCE, along said chain link fence the following bearings and
16-18 distances: South 04 degrees 15 minutes 19 seconds East a distance
16-19 of 620.46 feet to a fence corner post from which a five-eighths
16-20 inch iron rod set with "Huitt-Zollars" cap bears South 85 degrees
16-21 55 minutes 26 seconds West a distance of 10.00 feet; South 03
16-22 degrees 54 minutes 00 seconds East a distance of 1,558.07 feet to a
16-23 fence corner post from which a five-eighths inch iron rod set with
16-24 "Huitt-Zollars" cap bears North 48 degrees 46 minutes 22 seconds
16-25 West a distance of 14.17 feet; South 86 degrees 21 minutes 13
16-26 seconds West a distance of 2,707.77 feet to a fence corner post
17-1 from which a five-eighths inch iron rod set with "Huitt-Zollars"
17-2 cap bears North 03 degrees 40 minutes 03 seconds West a distance of
17-3 10.00 feet; South 86 degrees 18 minutes 46 seconds West a distance
17-4 of 1,512.49 feet to a fence corner post from which a five-eighths
17-5 inch iron rod set with "Huitt-Zollars" cap bears North 43 degrees
17-6 40 minutes 37 seconds East a distance of 14.76 feet; North 01
17-7 degree 02 minutes 38 seconds East a distance of 952.37 feet to a
17-8 five eighths inch iron rod set with "Huitt-Zollars" cap in fence
17-9 line from which a five-eighths inch iron rod set with
17-10 "Huitt-Zollars" cap bears North 20 degrees 55 minutes 59 seconds
17-11 East a distance of 29.39 feet;
17-12 THENCE, North 43 degrees 37 minutes 50 seconds West and along a
17-13 barbed wire fence a distance of 1,644.70 feet to a fence corner
17-14 post from which a five-eighths inch iron rod set with
17-15 "Huitt-Zollars" cap bears North 68 degrees 38 minutes 36 seconds
17-16 East a distance of 10.81 feet;
17-17 THENCE, North 01 degree 43 minutes 49 seconds East a distance of
17-18 45.19 feet to a point for corner on an extension of an east-west
17-19 barbed wire fence, from which a five-eighths inch iron rod set with
17-20 "Huitt-Zollars" cap bears North 46 degrees 00 minutes 47 seconds
17-21 East a distance of 14.24 feet;
17-22 THENCE, North 89 degrees 22 minutes 15 seconds West and along a
17-23 barbed wire fence a distance of 888.96 feet to a fence post from
17-24 which a five-eighths inch iron rod set with "Huitt-Zollars" cap
17-25 bears North 00 degrees 28 minutes 32 seconds East a distance of
17-26 10.00 feet;
18-1 THENCE, along said barbed wire fence the following bearings and
18-2 distances: North 89 degrees 40 minutes 40 seconds West a distance
18-3 of 1,235.50 feet to a fence post from which a five-eighths inch
18-4 iron rod set with "Huitt-Zollars" cap bears North 00 degrees 44
18-5 minutes 29 seconds East a distance of 10.00 feet; North 88 degrees
18-6 50 minutes 21 seconds West a distance of 800.02 feet to a fence
18-7 post from which a five-eighths inch iron rod set with
18-8 "Huitt-Zollars" cap bears North 00 degrees 48 minutes 04 seconds
18-9 East a distance of 10.00 feet; North 89 degrees 33 minutes 32
18-10 seconds West a distance of 389.35 feet to a fence post from which a
18-11 five-eighths inch iron rod set with "Huitt-Zollars" cap bears North
18-12 00 degrees 12 minutes 54 seconds East a distance of 10.00 feet;
18-13 South 89 degrees 59 minutes 20 seconds West a distance of 396.21
18-14 feet to a fence corner post from which a five-eighths inch iron rod
18-15 set with "Huitt-Zollars" cap bears North 46 degrees 59 minutes 42
18-16 seconds East a distance of 14.66 feet;
18-17 THENCE, North 04 degrees 00 minutes 07 seconds East along said
18-18 barbed wire fence and an extension thereof a distance of 970.05
18-19 feet to a five-eighths inch iron rod set with "Huitt-Zollars" cap
18-20 from which a five-eighths inch iron rod set with "Huitt-Zollars"
18-21 cap bears North 88 degrees 27 minutes 49 seconds East a distance of
18-22 10.04 feet;
18-23 THENCE, North 06 degrees 43 minutes 48 seconds West and along a
18-24 barbed wire fence and extension thereof a distance of 673.70 feet
18-25 to a five-eighths inch iron rod set with "Huitt-Zollars" cap on the
18-26 south right-of-way line of the Texas & Pacific Railroad;
19-1 THENCE, North 86 degrees 18 minutes 33 seconds East along the south
19-2 right-of-way line of the Texas & Pacific Railroad a distance of
19-3 4,094.41 feet to a five-eighths inch iron rod set with
19-4 "Huitt-Zollars" cap;
19-5 THENCE, North 86 degrees 22 minutes 15 seconds East continuing
19-6 along the south right-of-way line of the Texas & Pacific Railroad a
19-7 distance of 8,298.52 feet to the POINT OF BEGINNING and CONTAINING
19-8 765.5 acres of land, more or less
19-9 SECTION 6. This Act takes effect September 1, 1999.
19-10 SECTION 7. The importance of this legislation and the
19-11 crowded condition of the calendars in both houses create an
19-12 emergency and an imperative public necessity that the
19-13 constitutional rule requiring bills to be read on three several
19-14 days in each house be suspended, and this rule is hereby suspended.