1-1 By: Ratliff S.B. No. 1794
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 12, 1999, reported favorably, as amended, by the following
1-5 vote: Yeas 8, Nays 0; April 12, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Cain
1-7 Amend S.B. No. 1794 by striking SECTION 6 and 7 and substituting
1-8 the following:
1-9 SECTION 6. The importance of this legislation and the
1-10 crowded condition of the calendars in both houses create an
1-11 emergency and an imperative public necessity that the
1-12 constitutional rule requiring bills to be read on three several
1-13 days in each house be suspended, and this rule is hereby suspended,
1-14 and that this Act take effect and be in force from and after its
1-15 passage, and it is so enacted.
1-16 A BILL TO BE ENTITLED
1-17 AN ACT
1-18 relating to powers and duties of the Red River Redevelopment
1-19 Authority; validating certain acts of the authority.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Subdivisions (4), (5), and (6), Section 1,
1-22 Chapter 831, Acts of the 75th Legislature, Regular Session, 1997
1-23 (Article 1269j-18, Vernon's Texas Civil Statutes), are amended to
1-24 read as follows:
1-25 (4) "Cities" means the cities of Texarkana, New
1-26 Boston, Hooks, Nash, Wake Village, Leary, Redwater, Maud, [and]
1-27 DeKalb, and Red Lick, Texas.
1-28 (5) "Property" means land, improvements, and personal
1-29 property described in Section 8A [4] of this Act.
1-30 (6) "Eligible project" means a project determined by
1-31 the board to be necessary or incidental to the industrial,
1-32 commercial, or business development, redevelopment, maintenance,
1-33 and expansion of new and existing businesses on and for the
1-34 property now known, or formerly known, as Red River Army Depot in
1-35 Bowie County, Texas, described in Section 8A [4] of this Act,
1-36 including but not limited to the acquisition, construction,
1-37 operation, maintenance, repair, rehabilitation, replacement,
1-38 improvement, extension, expansion, and [or] enhancement of any and
1-39 all of such property, including but not limited to:
1-40 (A) roads, bridges, and rights-of-way;
1-41 (B) housing;
1-42 (C) real and personal property;
1-43 (D) police, fire, medical, cultural,
1-44 educational, and research services, equipment, institutions, and
1-45 resources;
1-46 (E) other community support services;
1-47 (F) flood control, water, wastewater treatment,
1-48 natural gas, electricity, solid waste disposal, steam generation,
1-49 communications, and other utility facilities and services; [and]
1-50 (G) other infrastructure improvements; and
1-51 (H) any other services or facilities acquired by
1-52 the authority from the United States of America.
1-53 SECTION 2. Section 2, Chapter 831, Acts of the 75th
1-54 Legislature, Regular Session, 1997 (Article 1269j-18, Vernon's
1-55 Texas Civil Statutes), is amended to read as follows:
1-56 Sec. 2. ESTABLISHMENT. (a) The creation, establishment,
1-57 and organization of the authority are validated, ratified,
1-58 approved, and confirmed. The [is hereby established as an
1-59 authority of the State of Texas with] boundaries of the authority
1-60 are coterminous with the boundaries of the real property described
1-61 in Section 8A [4] of this Act. The boundaries of the authority may
1-62 be expanded from time to time as additional real property, if any,
1-63 is conveyed to the authority by the United States of America[, on
2-1 adoption of resolutions by both the cities and the county
2-2 authorizing the authority's establishment and each appointing
2-3 members to the board as outlined in Section 3 of this Act].
2-4 (b) The authority is a governmental agency, a body politic
2-5 and corporate, and a political subdivision of this state.
2-6 (c) For all purposes, including the application of Chapter
2-7 101, Civil Practice and Remedies Code, the authority is a unit of
2-8 government and the operations of the authority are considered to be
2-9 essential governmental functions and not proprietary functions.
2-10 (d) The authority is subject to Chapters 551 and 552,
2-11 Government Code.
2-12 (e) The authority is a duly constituted authority authorized
2-13 to issue revenue bonds in accordance with the provisions of
2-14 Sections 54.502 and 54.503, Water Code, for the purposes of the
2-15 authority.
2-16 (f) The authority shall be subject to the regulatory
2-17 authority of the state or any agencies of the state to the same
2-18 extent as a municipal corporation.
2-19 SECTION 3. Section 3, Chapter 831, Acts of the 75th
2-20 Legislature, Regular Session, 1997 (Article 1269j-18, Vernon's
2-21 Texas Civil Statutes), is amended by amending Subsections (b) and
2-22 (c) and adding Subsections (h) and (i) to read as follows:
2-23 (b) The board is composed of the following members:
2-24 (1) two members appointed by the county judge of the
2-25 county;
2-26 (2) one member appointed by the commissioners court of
2-27 the county;
2-28 (3) three members appointed by the mayor of Texarkana,
2-29 Texas;
2-30 (4) one member appointed by the mayor of New Boston,
2-31 Texas;
2-32 (5) one member appointed by the mayor of Hooks, Texas;
2-33 (6) one member appointed by the mayor of Nash, Texas;
2-34 (7) one member appointed by the mayor of Wake Village,
2-35 Texas;
2-36 (8) one member appointed by the mayor of Leary, Texas;
2-37 (9) one member appointed by the mayor of Redwater,
2-38 Texas;
2-39 (10) one member appointed by the mayor of Maud, Texas;
2-40 (11) one member appointed by the mayor of DeKalb,
2-41 Texas; and
2-42 (12) one [at-large] member appointed [elected] by the
2-43 mayor of Red Lick, Texas [appointed members].
2-44 (c) A vacancy on the board is filled in the same manner as
2-45 the original appointment. Each board member serves for a term of
2-46 two years. Each board member who is also an elected official
2-47 serves for a term coinciding with the elected office term. The
2-48 board by rule or resolution may provide for the appointment of
2-49 members of the board in alternate years and may determine the
2-50 number and manner of deciding which members shall be appointed in
2-51 odd-numbered years and which shall be appointed in even-numbered
2-52 years.
2-53 (h) A board member is not entitled to compensation for
2-54 service on the board but is entitled to be reimbursed for necessary
2-55 expenses incurred in carrying out the duties and responsibilities
2-56 of a board member.
2-57 (i) A position on the board may not be construed to be a
2-58 civil office of emolument for any purpose, including those purposes
2-59 described in Section 40, Article XVI, Texas Constitution. Elected
2-60 officials of the county and cities may serve on the board without
2-61 penalty or forfeiture of office. In the event of any conflict
2-62 between this section and any provision of statutory or common law
2-63 which would in any way prevent the elected officials from serving
2-64 on the board, the provisions of this section shall prevail and be
2-65 given effect. A conflict of interest, under either statutory or
2-66 common law, for any board member regarding a particular matter to
2-67 come before the board, shall be governed by Chapter 171, Local
2-68 Government Code.
2-69 SECTION 4. Sections 4 and 5, Chapter 831, Acts of the 75th
3-1 Legislature, Regular Session, 1997 (Article 1269j-18, Vernon's
3-2 Texas Civil Statutes), are amended to read as follows:
3-3 Sec. 4. PURPOSE. (a) The authority is created to:
3-4 (1) accept title on approval by and in coordination
3-5 with the governor from the United States to all or any portion of
3-6 the [excess personal and real] property [situated] within, adjacent
3-7 to, or related to the property described in Section 8A of this Act.
3-8 The property shall consist of any property, whether real, personal,
3-9 or mixed, and any rights, whether tangible or intangible, assets,
3-10 benefits, or improvements related to the existence, development,
3-11 operation, or maintenance of the property [Red River Army Depot,
3-12 being legally described by the United States Army Corps of
3-13 Engineers, Fort Worth District], now or in the future, [life] of
3-14 the authority;
3-15 (2) promote the location and development of new
3-16 businesses, [and] industries, and commercial activities within or
3-17 related to the [on that] property [described in Subdivision (1) of
3-18 this section]; and
3-19 (3) undertake eligible projects.
3-20 (b) The creation of the authority is necessary to promote,
3-21 develop, encourage, and maintain employment, commerce, economic
3-22 development, and the public welfare and to conserve the natural
3-23 resources of the state and is essential to accomplish the purposes
3-24 of Sections 49-d, 52, and 52-a, Article III, and Section 59,
3-25 Article XVI, Texas Constitution, in an area previously established
3-26 and developed by the United States government for military support
3-27 purposes and no longer to be similarly maintained for such purposes
3-28 by the federal government.
3-29 Sec. 5. POWERS AND DUTIES OF THE AUTHORITY. (a) Except as
3-30 provided by Subsection (c) [(b)] of this section, the authority
3-31 created under this Act is [hereby] granted, has, and may exercise
3-32 [on approval by and in coordination with the governor] all powers,
3-33 functions, authority, rights, and duties necessary or appropriate
3-34 to carry out, achieve, or effectuate eligible projects and the
3-35 purposes [purpose] of this Act, including, but not limited to
3-36 [without limitation], the following powers:
3-37 (1) to sue and be sued, and plead and be impleaded, in
3-38 its own name;
3-39 (2) to adopt an official seal and alter same when
3-40 deemed advisable and to adopt, [and] enforce, and from time to time
3-41 amend [bylaws,] rules[,] and regulations for the conduct of its
3-42 affairs, not inconsistent with the provisions of this Act;
3-43 (3) to acquire, hold, own, pledge, and dispose of its
3-44 revenues, income, receipts, funds, and money from every source and
3-45 to select its depository or depositories;
3-46 (4) to acquire, own, rent, lease, accept, hold, or
3-47 dispose of any or all of the [real, personal, or mixed] property
3-48 [comprising the property,] or any interest therein, in performing
3-49 its duties and exercising its powers under this Act, by purchase,
3-50 exchange, gift, assignment, [condemnation,] sale, lease, or
3-51 otherwise, including rights or easements, and to hold, manage,
3-52 operate, or improve the property;
3-53 (5) to sell, assign, lease, encumber, mortgage, or
3-54 otherwise dispose of any or all of [real, personal, or mixed
3-55 property comprising] the property, or any interest therein, and
3-56 release or relinquish any right, title, claim, lien, interest,
3-57 easement, or demand however acquired, and to do any of the
3-58 foregoing by public or private sale, with or without public
3-59 bidding, notwithstanding the provisions of any other law, and to
3-60 lease or rent any lands [within the property] and buildings,
3-61 structures, or facilities [located on the property] from or to any
3-62 person, firm, corporation, city, or other public agency or
3-63 political subdivision to effectuate the purposes of this Act;
3-64 (6) to request and to accept any appropriations,
3-65 grants, allocations, subsidies, guaranties, aid, contributions,
3-66 services, labor, materials, gifts, or donations from the federal
3-67 government, the state, any city, public agency, or political
3-68 subdivision, or any other sources;
3-69 (7) to operate and maintain an office and to appoint
4-1 and determine the duties, tenure, qualifications, and compensation
4-2 of such officers, employees, agents, professional advisors and
4-3 counselors, including, without limitation, financial consultants,
4-4 accountants, attorneys, architects, engineers, appraisers, and
4-5 financing experts, as are deemed necessary or advisable by the
4-6 board;
4-7 (8) to borrow money and to issue bonds, payable solely
4-8 from all or any portion of any revenues of the authority, by
4-9 resolution or order of the board and without the necessity of an
4-10 election;
4-11 (9) to contract and be contracted with in its own name
4-12 with any person or entity in the performance of any of the
4-13 authority's powers or duties, to carry out eligible projects, or to
4-14 effectuate the purposes of this Act, for a period of years, on such
4-15 terms and conditions and by competitive bidding or by negotiated
4-16 contract, all as deemed by the board to be appropriate, desirable,
4-17 and in the best interests of the authority and the accomplishment
4-18 of the purposes of this Act;
4-19 (10) to fix and revise from time to time and charge
4-20 and collect rents, rates, fees, and charges regarding the property
4-21 [for its facilities] and any services provided by the authority;
4-22 (11) [(10)] to exercise those powers granted to
4-23 municipalities in Chapters 373 and 380, Local Government Code, for
4-24 the development of housing and expansion of economic development
4-25 and commercial activity;
4-26 (12) [(11)] to exercise those powers granted to
4-27 general law districts in Chapter 49, Water Code, and to municipal
4-28 utility districts in Chapter 54, Water Code;
4-29 (13) [(12)] to exercise those powers granted to road
4-30 utility districts in Chapter 441, Transportation Code; [and]
4-31 (14) to exercise those powers granted to
4-32 municipalities and counties in Subchapter C, Chapter 271, Local
4-33 Government Code;
4-34 (15) [(13)] to exercise those powers granted to
4-35 municipalities [and counties] in [Subchapter C,] Chapter 402 [271],
4-36 Local Government Code, for the provision of municipal utilities;
4-37 and
4-38 (16) to acquire, hold, own, sell, assign, lease,
4-39 encumber, mortgage, or otherwise dispose of any real, personal, or
4-40 mixed property located outside the perimeter of the property
4-41 described in Section 8A of this Act if such other property enhances
4-42 or facilitates the development, redevelopment, maintenance, or
4-43 expansion of new and existing businesses, industry, or commercial
4-44 activity on the property.
4-45 (b) To the extent the general laws may be inconsistent or in
4-46 conflict with this Act, the provisions of this Act shall prevail.
4-47 It is further the intention of the legislature that the authority
4-48 shall have all the power and authority necessary to fully qualify
4-49 and gain the benefits of any and all laws which are in any way
4-50 helpful in carrying out the purposes for which the authority is
4-51 created, and the provisions of all such laws of which the authority
4-52 may lawfully avail itself are adopted by this reference and made
4-53 applicable to the authority to the extent they do not conflict with
4-54 this Act.
4-55 (c) The authority created by this Act does not have and may
4-56 not use the power of eminent domain.
4-57 SECTION 5. Chapter 831, Acts of the 75th Legislature,
4-58 Regular Session, 1997 (Article 1269j-18, Vernon's Texas Civil
4-59 Statutes), is amended by amending Sections 7 and 8 and adding
4-60 Section 8A to read as follows:
4-61 Sec. 7. DISSOLUTION. The authority may be dissolved by the
4-62 board on approval of the cities and county after all debts or
4-63 obligations have been duly satisfied or retired with such assets of
4-64 the authority to be conveyed or transferred to the county. It is
4-65 the intention of the legislature that the authority be dissolved,
4-66 with the approval of the cities and county governing bodies, after
4-67 conveyance and sale of all of the property [with the approval of
4-68 the cities and county governing bodies].
4-69 Sec. 8. SUCCESSOR. The authority is the successor in
5-1 interest to the Red River Local Redevelopment Authority, a planning
5-2 authority organized under the county and recognized by the United
5-3 States Department of the Army, and shall succeed to all rights and
5-4 liabilities of the Red River Local Redevelopment Authority. Bowie
5-5 County shall be, and it is hereby, authorized to transfer to the
5-6 authority by deed, bill of sale, or otherwise, all assets,
5-7 including personal and real property, accumulated or acquired from,
5-8 or with funds provided by, the United States Department of the Army
5-9 or the State of Texas for the development, redevelopment,
5-10 maintenance, or expansion of the property, together with any
5-11 unexpended funds made available for those purposes by the United
5-12 States Department of the Army or the State of Texas. Such transfer
5-13 of assets shall be made without the requirement of public notice or
5-14 bidding; provided, however, this provision shall not authorize the
5-15 transfer of public funds of Bowie County, other than the funds
5-16 described by this section, except as may be otherwise provided by
5-17 law.
5-18 Sec. 8A. AUTHORITY PROPERTY. The initial property
5-19 comprising the authority shall be the following described tract of
5-20 real property located in Bowie County, Texas, as conveyed, or to be
5-21 conveyed, in one or more parcels, by the United States of America
5-22 to the authority, to-wit:
5-23 LAND DESCRIPTION - 765.5 Acres
5-24 A tract of land situated in the Charles Collom Survey, Abstract No.
5-25 108, Jonathan Collom Survey, Abstract No. 109, C. M. Akin Survey,
5-26 Abstract No. 2, J. H. Smelser Survey, Abstract No. 722, John M.
5-27 Smith Survey, Abstract No. 819, and the John Paxton Survey,
5-28 Abstract No. 461, Bowie County, Texas, and being all of a one tract
5-29 of land, Tract No. 503 as described in Warranty Deed to the United
5-30 States of America as recorded in Volume 192, Page 92 (Tract No. 2)
5-31 of the Deed Records of Bowie County, Texas, and being a portion of
5-32 nine tracts of land, Tract No. 504 as described in Judgement on
5-33 Declaration of Taking No. 1 as recorded in Volume 184, Page 148 of
5-34 the Deed Records of Bowie County, Texas, Tract No. 501 as described
5-35 in Warranty Deed to the United States of America as recorded in
5-36 Volume 188, Page 342 of the Deed Records of Bowie County, Texas,
5-37 Tract No. 502 as described in Warranty Deed to the United States of
5-38 America as recorded in Volume 190, Page 372 of the Deed Records of
5-39 Bowie County, Texas, Tract No. 537 as described in Warranty Deed to
5-40 the United States of America as recorded in Volume 190, Page 372 of
5-41 the Deed Records of Bowie County, Texas, Tract No. 503 as described
5-42 in Warranty Deed to the United States of America as recorded in
5-43 Volume 192, Page 92 (Tract No. 1) of the Deed Records of Bowie
5-44 County, Texas, Tract No. 531 as described in Warranty Deed to the
5-45 United States of America as recorded in Volume 186, Page 121 of the
5-46 Deed Records of Bowie County, Texas, and Tract No. 529 as described
5-47 in Judgement on Declaration of Taking No. 1 as recorded in Volume
5-48 184, Page 148 of the Deed Records of Bowie County, Texas, Tract No.
5-49 527 as described in Warranty Deed to the United States of America
5-50 as recorded in Volume 190, Page 116 of the Deed Records of Bowie
5-51 County, Texas, and Tract No. 526 as described in Judgement on
5-52 Declaration of Taking No. 4 as recorded in Volume 192, Page 135 of
5-53 the Deed Records of Bowie County, Texas, and being more
5-54 particularly described as follows:
5-55 COMMENCING at a PK nail set in concrete fence post base at the
5-56 intersection of the southerly right-of-way line of the Texas
5-57 Pacific Railroad with the east line of the said Charles Collom
5-58 Survey and being the northeast corner of the Red River Army Depot
5-59 as reference in the completion report for the Red River Ordinance
5-60 Depot, dated November 30, 1942, from which a one inch brass rod
5-61 stamped "R.R.O.D. #2, 1942" found in a four inch by four inch
5-62 concrete base bears South 19 degrees 26 minutes 24 seconds West a
5-63 distance of 7.21 feet;
5-64 THENCE, South 86 degrees 22 minutes 15 seconds West along the
5-65 southerly right-of-way line of the Texas & Pacific Railroad a
5-66 distance of 3,664.42 feet to a five-eighths inch iron rod set with
5-67 "Huitt-Zollars" cap at the POINT OF BEGINNING, said POINT OF
5-68 BEGINNING also being North 00 degrees 18 minutes 22 seconds West
5-69 2,827.78 feet and North 86 degrees 21 minutes 50 seconds East
6-1 1,017.50 feet from the Southeast Corner of the Jonathan Collum
6-2 Headright Survey, A-108;
6-3 THENCE, South 03 degrees 53 minutes 26 seconds East and along a
6-4 chain link fence a distance of 457.13 feet to a five-eighths inch
6-5 iron rod set with "Huitt-Zollars" cap, said rod being southwesterly
6-6 of the centerline of a spur railroad track a perpendicular distance
6-7 of 10.00 feet and being the beginning of a non-tangent curve to the
6-8 right;
6-9 THENCE, in a southerly direction parallel with and 10.00 foot from
6-10 said spur tract and along said curve to the right through a central
6-11 angle of 22 degrees 08 minutes 35 seconds and having a radius of
6-12 643.04 feet and an arc length of 248.52 feet, being subtended by a
6-13 chord of South 14 degrees 45 minutes 12 seconds East a distance of
6-14 246.97 feet to a five-eighths inch iron rod set with
6-15 "Huitt-Zollars" cap at the end of said curve;
6-16 THENCE, South 04 degrees 00 minutes 36 seconds East parallel with
6-17 and 10.00 foot from said spur track a distance of 232.21 feet to a
6-18 five-eighths inch iron rod set with "Huitt-Zollars" caps;
6-19 THENCE, South 86 degrees 32 minutes 05 seconds West a distance of
6-20 49.86 feet to a chain link fence corner post from which a
6-21 five-eighths inch iron rod set with "Huitt-Zollars" cap bears North
6-22 48 degrees 34 minutes 56 seconds West a distance of 14.17 feet;
6-23 THENCE, with said chain link fence the following bearings and
6-24 distances: South 03 degrees 41 minutes 59 seconds East a distance
6-25 of 1,285.86 feet to a fence corner post from which a Mag nail set
6-26 bears North 48 degrees 36 minutes 24 seconds West a distance of
6-27 14.17 feet; South 86 degrees 29 minutes 10 seconds West a distance
6-28 of 387.63 feet to a fence corner post from which a five-eighths
6-29 inch iron rod set with "Huitt-Zollars" cap bears North 19 degrees
6-30 35 minutes 50 seconds West a distance of 10.87 feet; North 47
6-31 degrees 17 minutes 25 seconds West a distance of 199.70 feet to a
6-32 fence corner post from which a five-eighths inch iron rod set with
6-33 "Huitt-Zollars" cap bears North 63 degrees 55 minutes 37 seconds
6-34 East a distance of 10.73 feet; North 04 degrees 51 minutes 15
6-35 seconds West a distance of 243.22 feet to a fence corner post from
6-36 which a five-eighths inch iron rod set with "Huitt-Zollars" cap
6-37 bears North 40 degrees 36 minutes 11 seconds East a distance of
6-38 14.03 feet; South 86 degrees 03 minutes 42 seconds West a distance
6-39 of 51.40 feet to a gate post from which a PK nail set bears North
6-40 06 degrees 09 minutes 13 seconds West a distance of 10.01 feet;
6-41 THENCE, South 81 degrees 37 minutes 54 seconds West along said
6-42 fence and an extension thereof a distance of 425.22 feet to a fence
6-43 corner post from which a cut cross set bears North 04 degrees 53
6-44 minutes 09 seconds West a distance of 10.02 feet;
6-45 THENCE, South 88 degrees 35 minutes 51 seconds West along a chain
6-46 link fence a distance of 237.60 feet to a fence post from which a
6-47 five-eighths inch iron rod set with "Huitt-Zollars" cap bears North
6-48 02 degrees 40 minutes 08 seconds West a distance of 10.00 feet;
6-49 THENCE, South 86 degrees 03 minutes 56 seconds West continuing
6-50 along said fence a distance of 867.95 feet to a five-eighths inch
6-51 iron rod set with "Huitt-Zollars" cap in fence line from which a
6-52 five-eighths inch iron rod set with "Huitt-Zollars" cap bears North
6-53 10 degrees 33 minutes 59 seconds West a distance of 10.07 feet;
6-54 THENCE, South 72 degrees 48 minutes 06 seconds West and along a
6-55 chain link fence a distance of 485.28 feet to a fence corner post
6-56 from which a five-eighths inch iron rod set with "Huitt-Zollars"
6-57 cap bears North 07 degrees 09 minutes 32 seconds West a distance of
6-58 10.16 feet;
6-59 THENCE, North 87 degrees 07 minutes 08 seconds West along said
6-60 chain link fence a distance of 128.15 feet to a fence post from
6-61 which a five-eighths inch iron rod set with "Huitt-Zollars" cap
6-62 bears North 04 degrees 11 minutes 40 seconds East a distance of
6-63 10.00 feet;
6-64 THENCE, North 84 degrees 29 minutes 27 seconds West along said
6-65 fence a distance of 196.24 feet to a fence corner post from which a
6-66 five-eighths inch iron rod set with "Huitt-Zollars" cap bears North
6-67 05 degrees 24 minutes 10 seconds East a distance of 10.00 feet;
6-68 THENCE, departing said fence North 84 degrees 42 minutes 09 seconds
6-69 West a distance of 390.24 feet to a gate post from which a
7-1 five-eighths inch iron rod set with "Huitt-Zollars" cap bears North
7-2 05 degrees 27 minutes 21 seconds East a distance of 10.00 feet;
7-3 THENCE, North 84 degrees 23 minutes 06 seconds West along a chain
7-4 link fence a distance of 210.73 feet to a five eighths inch iron
7-5 rod set with "Huitt-Zollars" cap in fence line from which a
7-6 five-eighths inch iron rod set with "Huitt-Zollars" cap bears North
7-7 25 degrees 53 minutes 04 seconds West a distance of 11.73 feet;
7-8 THENCE, South 32 degrees 36 minutes 57 seconds West and along a
7-9 chain link fence a distance of 184.63 feet to a fence corner post
7-10 from which a five-eighths inch iron rod set with "Huitt-Zollars"
7-11 cap bears North 75 degrees 49 minutes 06 seconds West a distance of
7-12 10.54 feet;
7-13 THENCE, along said chain link fence the following bearings and
7-14 distances: South 04 degrees 15 minutes 19 seconds East a distance
7-15 of 620.46 feet to a fence corner post from which a five-eighths
7-16 inch iron rod set with "Huitt-Zollars" cap bears South 85 degrees
7-17 55 minutes 26 seconds West a distance of 10.00 feet; South 03
7-18 degrees 54 minutes 00 seconds East a distance of 1,558.07 feet to a
7-19 fence corner post from which a five-eighths inch iron rod set with
7-20 "Huitt-Zollars" cap bears North 48 degrees 46 minutes 22 seconds
7-21 West a distance of 14.17 feet; South 86 degrees 21 minutes 13
7-22 seconds West a distance of 2,707.77 feet to a fence corner post
7-23 from which a five-eighths inch iron rod set with "Huitt-Zollars"
7-24 cap bears North 03 degrees 40 minutes 03 seconds West a distance of
7-25 10.00 feet; South 86 degrees 18 minutes 46 seconds West a distance
7-26 of 1,512.49 feet to a fence corner post from which a five-eighths
7-27 inch iron rod set with "Huitt-Zollars" cap bears North 43 degrees
7-28 40 minutes 37 seconds East a distance of 14.76 feet; North 01
7-29 degree 02 minutes 38 seconds East a distance of 952.37 feet to a
7-30 five eighths inch iron rod set with "Huitt-Zollars" cap in fence
7-31 line from which a five-eighths inch iron rod set with
7-32 "Huitt-Zollars" cap bears North 20 degrees 55 minutes 59 seconds
7-33 East a distance of 29.39 feet;
7-34 THENCE, North 43 degrees 37 minutes 50 seconds West and along a
7-35 barbed wire fence a distance of 1,644.70 feet to a fence corner
7-36 post from which a five-eighths inch iron rod set with
7-37 "Huitt-Zollars" cap bears North 68 degrees 38 minutes 36 seconds
7-38 East a distance of 10.81 feet;
7-39 THENCE, North 01 degree 43 minutes 49 seconds East a distance of
7-40 45.19 feet to a point for corner on an extension of an east-west
7-41 barbed wire fence, from which a five-eighths inch iron rod set with
7-42 "Huitt-Zollars" cap bears North 46 degrees 00 minutes 47 seconds
7-43 East a distance of 14.24 feet;
7-44 THENCE, North 89 degrees 22 minutes 15 seconds West and along a
7-45 barbed wire fence a distance of 888.96 feet to a fence post from
7-46 which a five-eighths inch iron rod set with "Huitt-Zollars" cap
7-47 bears North 00 degrees 28 minutes 32 seconds East a distance of
7-48 10.00 feet;
7-49 THENCE, along said barbed wire fence the following bearings and
7-50 distances: North 89 degrees 40 minutes 40 seconds West a distance
7-51 of 1,235.50 feet to a fence post from which a five-eighths inch
7-52 iron rod set with "Huitt-Zollars" cap bears North 00 degrees 44
7-53 minutes 29 seconds East a distance of 10.00 feet; North 88 degrees
7-54 50 minutes 21 seconds West a distance of 800.02 feet to a fence
7-55 post from which a five-eighths inch iron rod set with
7-56 "Huitt-Zollars" cap bears North 00 degrees 48 minutes 04 seconds
7-57 East a distance of 10.00 feet; North 89 degrees 33 minutes 32
7-58 seconds West a distance of 389.35 feet to a fence post from which a
7-59 five-eighths inch iron rod set with "Huitt-Zollars" cap bears North
7-60 00 degrees 12 minutes 54 seconds East a distance of 10.00 feet;
7-61 South 89 degrees 59 minutes 20 seconds West a distance of 396.21
7-62 feet to a fence corner post from which a five-eighths inch iron rod
7-63 set with "Huitt-Zollars" cap bears North 46 degrees 59 minutes 42
7-64 seconds East a distance of 14.66 feet;
7-65 THENCE, North 04 degrees 00 minutes 07 seconds East along said
7-66 barbed wire fence and an extension thereof a distance of 970.05
7-67 feet to a five-eighths inch iron rod set with "Huitt-Zollars" cap
7-68 from which a five-eighths inch iron rod set with "Huitt-Zollars"
7-69 cap bears North 88 degrees 27 minutes 49 seconds East a distance of
8-1 10.04 feet;
8-2 THENCE, North 06 degrees 43 minutes 48 seconds West and along a
8-3 barbed wire fence and extension thereof a distance of 673.70 feet
8-4 to a five-eighths inch iron rod set with "Huitt-Zollars" cap on the
8-5 south right-of-way line of the Texas & Pacific Railroad;
8-6 THENCE, North 86 degrees 18 minutes 33 seconds East along the south
8-7 right-of-way line of the Texas & Pacific Railroad a distance of
8-8 4,094.41 feet to a five-eighths inch iron rod set with
8-9 "Huitt-Zollars" cap;
8-10 THENCE, North 86 degrees 22 minutes 15 seconds East continuing
8-11 along the south right-of-way line of the Texas & Pacific Railroad a
8-12 distance of 8,298.52 feet to the POINT OF BEGINNING and CONTAINING
8-13 765.5 acres of land, more or less.
8-14 SECTION 6. This Act takes effect September 1, 1999.
8-15 SECTION 7. The importance of this legislation and the
8-16 crowded condition of the calendars in both houses create an
8-17 emergency and an imperative public necessity that the
8-18 constitutional rule requiring bills to be read on three several
8-19 days in each house be suspended, and this rule is hereby suspended.
8-20 * * * * *