By: Deuell S.B. No. 1894
(In the Senate - Filed May 6, 2005; May 9, 2005, read first
time and referred to Committee on Intergovernmental Relations;
May 12, 2005, reported favorably by the following vote: Yeas 5,
Nays 0; May 12, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Kaufman County Water Control and
Improvement District No. 1; providing authority to impose a tax and
issue bonds; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9002 to read as follows:
CHAPTER 9002. KAUFMAN COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9002.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means Kaufman County Water Control and
Improvement District No. 1.
Sec. 9002.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Kaufman County created
under and essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
Sec. 9002.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 9002.023 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Kaufman County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2010.
Sec. 9002.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes; or
(3) the legality or operation of the district or the
board.
Sec. 9002.005. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 49 and 51, Water Code,
apply to the district.
[Sections 9002.006-9002.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 9002.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) David G. Chaney;
(2) Rick Ellis;
(3) Jim Lee;
(4) Ronald H. Linam; and
(5) Max W. Lindsay.
(b) If a temporary director fails to qualify for office, the
Texas Commission on Environmental Quality shall appoint a person to
fill the vacancy.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
9002.023; or
(2) the date this chapter expires under Section
9002.003.
Sec. 9002.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, the
temporary directors shall convene the organizational meeting of the
district at a location in the district agreeable to a majority of
the directors. If a location cannot be agreed upon, the
organizational meeting shall be at the Kaufman County Courthouse.
At the meeting, the temporary directors shall elect officers from
among the temporary directors and conduct any other district
business.
Sec. 9002.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code.
Sec. 9002.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 9002.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 9002.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 9002.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 9002.026-9002.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9002.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 9002.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 9002.053-9002.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9002.101. ROAD PROJECTS. (a) To the extent
authorized by Section 52, Article III, Texas Constitution, the
district may construct, acquire, improve, maintain, or operate
macadamized, graveled, or paved roads or turnpikes, or improvements
in aid of those roads or turnpikes, inside the district.
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulatory
ordinances of the municipality or county in whose jurisdiction the
district is located.
(c) The district may not undertake a road project unless
each municipality or county in whose jurisdiction the district is
located consents by ordinance or resolution.
Sec. 9002.102. LIMITATION ON USE OF EMINENT DOMAIN. The
district may exercise the power of eminent domain outside the
district only to acquire an easement necessary for a pipeline that
serves the district.
Sec. 9002.103. AUTHORITY TO PROVIDE SERVICES. The district
may provide water, sanitary sewer, drainage, and road services to
any part of the district not receiving those services on the
effective date of the Act creating this chapter.
Sec. 9002.104. AUTHORITY TO CONTRACT. The district may
enter into a contract with an owner of real property in the district
to construct, acquire, finance, own, maintain, or operate works or
projects authorized by Section 9002.103.
Sec. 9002.105. DIVISION OF DISTRICT. The district may
divide into two new districts as provided by Section 53.029, Water
Code.
[Sections 9002.106-9002.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9002.151. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of and interest on bonds issued under
Section 9002.201.
Sec. 9002.152. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a cable operator as defined by 47 U.S.C. Section
522.
[Sections 9002.153-9002.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 9002.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds or other
obligations as provided by Chapters 49 and 51, Water Code, to
finance the construction, maintenance, or operation of projects
under Section 9002.101.
(b) The district may not issue bonds under Subsection (a)
unless the issuance is approved by a vote of a two-thirds majority
of the voters of the district voting at an election called for that
purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 9002.101 may not exceed one–fourth
of the assessed value of the real property in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to
a project undertaken by the district under Section 9002.101 or to
bonds issued by the district to finance the project.
Sec. 9002.202. USE OF BOND PROCEEDS. The district may use
proceeds from the sale of bonds to acquire from a private water
supply corporation facilities or improvements necessary to provide
a service authorized by Section 9002.103.
SECTION 2. Kaufman County Water Control and Improvement
District No. 1 initially includes all the territory contained in
the following described area:
BEING a 150.63 acre tract of land situated in the Lewis Pearce
Survey, Abstract No. 373, Enoch Spivey Survey, Abstract No. 495,
and Thomas A. Waldrop Survey, Abstract No. 597, Kaufman County,
Texas, said tract being a part of Tract 1, Tract 2 and Tract 3, as
described in deed to WG&G Investments, Inc., as recorded in Volume
1308, Page 428, Deed Records Kaufman County, Texas (D.R.K.C.T.),
said tract being more particularly described as follows:
BEGINNING at a 1/2-inch set iron rod with a cap stamped "EC&D RPLS
5439" (hereinafter referred to as "with cap") at the southwest
corner of said WG&G Tract 3, said corner being the southeast corner
of a 14.00 acre tract of land described in deed to Wylie Musser, as
recoded in Volume 2390, Page 15, D.R.K.C.T., said corner being the
southeast corner of Lot 72, Valley View Estates subdivision, as
recorded in Cabinet 1, Envelope 792, Plat Records Kaufman County,
Texas (P.R.K.C.T.), said corner being on the north right-of-way
line of Interstate Highway 80 (variable width);
THENCE North 33 degrees 40 minutes 23 seconds West, along the east
line of said Musser tract, a distance of 1608.52 feet to a 1/2-inch
found iron rod for corner, said corner being the northwest corner of
said WG&G Tract 3;THENCE North 42 degrees 31 minutes 35 seconds
West, continuing along said east line, a distance of 2031.97 feet to
a 1/2-inch set iron rod with cap for the northwest corner of said
WG&G Tract 1, said corner being the southwest corner of a tract
(Tract 2) of land described in deed to Wylie Musser, as recorded in
Volume 1176, Page 807, D.R.K.C.T.;
THENCE North 47 degrees 05 minutes 00 seconds East, along the south
line of said Musser Tract 2, a distance of 1021.61 feet to a
1/2-inch found iron rod for the northeast corner of said WG&G Tract
1, said corner being the northwest corner of Lot 52 of said Valley
View Estates;
THENCE South 42 degrees 18 minutes 36 seconds East, along the west
line of said Valley View Estates, a distance of 1717.55 feet to a
1-1/2-inch found iron pipe for the northwest corner of said WG&G
Tract 2, said corner being the southwest corner of said Valley View
Estates;
THENCE North 47 degrees 29 minutes 14 seconds East, along the south
line of said Valley View Estates, a distance of 1426.02 feet to a
found "T" post for the northeast corner of said WG&G Tract 2, said
corner being the northwest corner of a tract of land described in
deed to Michael W. Bedrick, as recoded in Volume 2385, Page 203,
D.R.K.C.T.;
THENCE South 19 degrees 02 minutes 01 seconds East, along the west
line of said Bedrick tract, a distance of 3451.35 feet to a set "X"
cut in a concrete flume for the southeast corner of said WG&G Tract
2, said corner being the southwest corner of said Bedrick tract,
said corner being on the north right-of-way line of the
aforementioned Interstate Highway 80;
THENCE North 85 degrees 13 minutes 03 feet West, along said north
right-of-way line, a distance of 26.12 feet to a found "X" cut in a
concrete flume, said corner being the southeast corner of a tract of
land described in deed to Kevin Burns, as recorded in Volume 1999,
Page 638, D.R.K.C.T;
THENCE North 19 degrees 05 minutes 03 seconds West, departing said
north right-of-way line and along the east line if said Burns tract,
a distance of 187.33 feet to a 1/2-inch found iron rod with a cap
stamped "VANNOY" for the northeast corner of said Burns tract;
THENCE North 82 degrees 13 minute 13 seconds West, along the north
line of said Burns tract, a distance of 132.14 feet to a 1/2-inch
found iron rod with a cap stamped "VANNOY" for the northwest corner
of said Burns tract, said corner being on the east line of a tract of
land described in deed to Terrell Coachlight Inn Motel, Ltd., as
recoded in Volume 560, Page 88, D.R.K.C.T.;
THENCE North 07 degrees 45 minutes 24 seconds East, along the east
line of said Coachlight Inn tract, a distance of 185.91 feet to a
1/2-inch found iron rod with a cap stamped "VANNOY" for the
northeast corner of said Coachlight Inn;
THENCE North 82 degrees 50 minutes 56 seconds West, along the north
line of said Coachlight Inn tract and a tract of land described in
deed to Parbhubbhai Thakorbhai Patel, as recorded in Volume 1270,
Page 975, D.R.K.C.T., a distance of 429.89 feet to a 1/2-inch set
iron rod with cap for the northwest corner of said Patel tract, said
corner being on the east line of a tract of land described in deed to
B&P Richards Family, Ltd., as recorded in Volume 1344, Page 970,
D.R.K.C.T.;
THENCE North 07 degrees 47 minutes 45 seconds East, along the east
line of said Richards Family tract, a distance of 133.35 feet to a
1/2-inch set iron rod with cap for the northeast corner of Richards
family tract;
THENCE North 82 degrees 12 minutes 37 seconds West, along the north
line of said Richards Family tract, a distance of 275.00 feet to a
1/2-inch found iron rod for the northwest corner of said Richards
Family tract;
THENCE South 07 degrees 47 minutes 23 seconds West, along the west
line of said Richards Family tract, a distance of 489.37 feet to a
1/2-inch found iron rod for the southwest corner of said Richards
Family tract, said corner being on the north right-of-way line of
the aforementioned Interstate Highway 80;
THENCE South 88 degrees 52 minutes 40 seconds West, along said north
right-of-way line, a distance of 336.48 feet to a found aluminum
TXDOT disc for corner;
THENCE South 82 degrees 25 minutes 49 seconds West, along said north
right-of-way line, a distance of 243.88 feet to a 1/2-inch set iron
rod with cap for the southeast corner of said WG&G Tract 3;
THENCE South 82 degrees 19 minutes 10 seconds West, along said north
right-of-way line, a distance of 140.50 feet to a 1/2-inch set iron
rod with cap for corner;
THENCE South 81 degrees 11 minutes 56 seconds West, continuing
along said north right-of-way line, a distance of 159.83 feet to the
POINT OF BEGINNING AND CONTAINING 6,561,390 square feet or 150.63
acres of land more or less.
BEING a 137.22 acre tract of land situated in the Enoch Spivey
Survey, Abstract No. 495 and Thomas A. Waldrop Survey, Abstract No.
597, Kaufman County, Texas, said tract being a part of tract of land
described in deed to Michael W. Bedrick., as recorded in Volume
2385, Page 203, Deed Records Kaufman County, Texas (D.R.K.C.T.),
said tract being more particularly described as follows:
BEGINNING at a 1/2-inch set iron rod with a cap stamped "EC&D RPLS
5439" (hereinafter referred to as "with cap") for the northeast
corner of said Bedrick tract, said corner being the southeast
corner of Lot 35, Valley View Estates subdivision, as recorded in
Cabinet 1, Envelope 792, Plat Records Kaufman County, Texas
(P.R.K.C.T.);
THENCE South 42 degrees 56 minutes 52 seconds East, along the east
line of said Bedrick tract, a distance of 4413.31 feet to a 1-inch
found iron rod for the southeast corner of said Bedrick tract;
THENCE South 49 degrees 18 minutes 24 seconds West, along the south
line of said Bedrick tract, a distance of 1092.38 feet to a 1/2-inch
set iron rod with cap for corner;
THENCE North 41 degrees 29 minutes 54 seconds West, along said
Bedrick tract, a distance of 535.64 feet to a 1/2-inch set iron rod
with cap for corner;
THENCE South 26 degrees 05 minutes 51 seconds West, along said
Bedrick tract, a distance of 559.41 feet to a 1/2-inch found iron
rod for corner on the north right-of-way line of Interstate Highway
80 (variable width);
THENCE North 55 degrees 46 minutes 32 seconds West, along said north
right-of-way line, a distance of 204.62 feet to a found concrete
TXDOT monument;
THENCE North 59 degrees 14 minutes 00 seconds West, along said north
right-of-way line, a distance of 219.20 feet to a found concrete
TXDOT monument;
THENCE North 66 degrees 31 minutes 06 seconds West, along said north
right-of-way line, a distance of 220.34 feet to a found aluminum
TXDOT disc;
THENCE North 76 degrees 31 minutes 00 seconds West, along said north
right-of-way line, a distance of 220.47 feet to a found aluminum
TXDOT disc;
THENCE North 85 degrees 13 minutes 03 seconds West, along said north
right-of-way line, a distance of 120.05 feet to a set "X" cut in a
concrete flume for the southwest corner of said Bedrick tract, said
corner being the southeast corner of a tract (Tract 2) of land
described in deed to WG&G Investments, Inc., as recorded in Volume
1308, Page 428, D.R.K.C.T.;
THENCE North 19 degrees 02 minutes 01 seconds West, departing said
north right-of-way line and along the east line of said WG&G Tract
2, a distance of 3451.35 feet to a found "T" post for the northwest
corner of said Bedrick tract, said corner being the northeast
corner of said WG&G Tract 2, said corner being on the south line of
the aforementioned Valley View Estates subdivision;
THENCE North 47 degrees 29 minutes 14 seconds East, along the south
line of said Valley View Estates, a distance of 599.01 to the POINT
OF BEGINNING AND CONTAINING 5,977,174 square feet or 137.22 acres
of land more or less.
BEING a 298.42 acre tract of land situated in the Lewis Pearce
Survey, Abstract No. 373, John B. White Survey, Abstract No. 580,
Wesley Boles Survey, Abstract No. 55, Mary T. Jones Survey,
Abstract No. 259 and Joel Eaton Survey, Abstract No. 147, Kaufman
County, Texas, said tract being all of a Tract 1, Tract 2 and Tract
3, as described in deed to Wylie Musser, as recorded in Volume 1176,
Page 807, Deed Records Kaufman County, Texas (D.R.K.C.T.), and all
of a tract of 14.00 acre tract of land described in deed to Wylie
Musser, as recorded in Volume 2390, Page 15, D.R.K.C.T., said tract
also being all of Valley View Estates subdivision, as recorded in
Cabinet 1, Envelope 792, Plat Records Kaufman County, Texas
(P.R.K.C.T.), said tract being more particularly described as
follows:
BEGINNING at a 1/2-inch set iron rod with a cap stamped "EC&D RPLS
5439" (hereinafter referred to as with cap) at the southeast corner
of said Musser tract (Volume 2390, Page 15) and Lot 72 of said
Valley View Estates, said corner being the southwest corner of a
tract (Tract 3) of land described to WG&G Investments, Inc., as
recorded in Volume 1308, Page 428, D.R.K.C.T., said corner being on
the north right-of-way line of Interstate Highway 80 (variable
width);
THENCE South 81 degrees 10 minutes 01 seconds West, along said north
right-of-way line, a distance of 282.46 feet to a 1/2-inch set iron
rod with cap for corner;
THENCE South 84 degrees 45 minutes 16 seconds West, along said north
right-of-way line, a distance of 303.51 feet to a found aluminum
TXDOT disc for corner;
THENCE South 82 degrees 59 minutes 18 seconds West, along said north
right-of-way line, a distance of 459.46 feet to a found aluminum
TXDOT disc for corner;
THENCE North 87 degrees 54 minutes 16 seconds West, along said north
right-of-way line, a distance of 276.19 feet to a 1/2-inch set iron
rod with cap for corner;
THENCE South 87 degrees 10 minutes 25 seconds West, along said north
right-of-way line, a distance of 193.99 feet to a 1/2-inch set iron
rod with cap for corner;
THENCE South 87 degrees 53 minutes 37 seconds West, along said north
right-of-way line, a distance of 1298.55 feet to a 1/2-inch set iron
rod with cap for corner;
THENCE North 85 degrees 39 minutes 16 seconds West, along said north
right-of-way line, a distance of 148.50 feet to a point for corner
within Big Brushy Creek, said corner being the southwest corner of
said Musser Tract 1;
THENCE Northerly, along the meanders of Big Brushy Creek and the
west line of said Musser Tract 1 the following calls:
North 20 degrees 14 minutes 18 seconds East, a distance of 37.50
feet;
North 83 degrees 07 minutes 00 seconds East, a distance of 136.40
feet;
North 67 degrees 26 minutes 02 seconds East, a distance of 105.68
feet;
North 19 degrees 51 minutes 16 seconds East, a distance of 76.41
feet;
North 41 degrees 05 minutes 23 seconds West, a distance of 86.95
feet;
North 72 degrees 42 minutes 44 seconds West, a distance of 162.42
feet;
North 15 degrees 58 minutes 05 seconds West, a distance of 58.33
feet;
North 34 degrees 33 minutes 33 seconds East, a distance of 204.91
feet;
North 28 degrees 27 minutes 58 seconds West, a distance of 126.35
feet;North 84 degrees 33 minutes 05 seconds West, a distance of
185.49 feet;
South 81 degrees 35 minutes 46 seconds West, a distance of 105.18
feet;
North 37 degrees 41 minutes 32 seconds West, a distance of 199.30
feet;
North 22 degrees 15 minutes 54 seconds West, a distance of 71.54
feet;
North 41 degrees 21 minutes 42 seconds West, a distance of 102.13
feet;
North 70 degrees 28 minutes 54 seconds West, a distance of 109.65
feet;
North 65 degrees 51 minutes 41 seconds West, a distance of 93.59
feet;
North 57 degrees 13 minutes 47 seconds West, a distance of 85.07
feet;
North 09 degrees 20 minutes 55 seconds West, a distance of 70.78
feet;
North 50 degrees 36 minutes 27 seconds East, a distance of 79.50
feet;
North 74 degrees 03 minutes 11 seconds East, a distance of 147.45
feet;
North 38 degrees 39 minutes 06 seconds East, a distance of 61.11
feet;
North 28 degrees 14 minutes 49 seconds West, a distance of 120.50
feet;
North 33 degrees 43 minutes 43 seconds East, a distance of 72.47
feet;
North 40 degrees 02 minutes 41 seconds East, a distance of 189.82
feet;
North 01 degrees 08 minutes 51 seconds West, a distance of 186.73
feet;
North 22 degrees 33 minutes 57 seconds West, a distance of 178.06
feet;
North 37 degrees 01 minutes 23 seconds West, a distance of 13.15
feet;
North 31 degrees 15 minutes 29 seconds West, a distance of 66.24
feet;
North 15 degrees 46 minutes 18 seconds West, a distance of 87.22
feet;
North 06 degrees 18 minutes 47 seconds East, a distance of 74.56
feet;
North 02 degrees 38 minutes 54 seconds East, a distance of 173.49
feet;
North 00 degrees 11 minutes 43 seconds West, a distance of 289.20
feet;
North 27 degrees 16 minutes 46 seconds West, a distance of 109.92
feet;
North 48 degrees 51 minutes 32 seconds West, a distance of 93.21
feet;
North 49 degrees 57 minutes 50 seconds West, a distance of 116.95
feet;
North 11 degrees 35 minutes 36 seconds West, a distance of 115.16
feet;
North 04 degrees 14 minutes 15 seconds East, a distance of 81.28
feet;
North 46 degrees 49 minutes 01 seconds West, a distance of 62.77
feet to a point for the northwest corner of said Musser Tract 1;
THENCE North 48 degrees 18 minutes 05 seconds East, along the north
line of said Musser tracts, passing at a distance of 17.56 feet a
1/2-inch found iron rod for reference, continuing a total distance
of 2082.13 feet to a found fence corner post for the northeast
corner of said Musser Tract 2;
THENCE South 43 degrees 02 minutes 37 seconds East, along the east
line of said Musser Tract 2, a distance of 969.27 feet to a 1/2-inch
found iron rod for the southeast corner of said Musser Tract 2, said
corner being on the north line of said Musser Tract 3 and the
aforementioned Valley View Estates;
THENCE North 47 degrees 38 minutes 18 seconds East, along said north
lines, a distance of 3442.22 feet to a 1/2-inch set iron rod with
cap for the northeast corner of said Musser Tract 3 and said Valley
View Estates;
THENCE South 31 degrees 07 minutes 49 seconds East, along the east
line of said Musser Tract 3, said Valley View Estates and a gravel
road (County Road 239), a distance of 832.96 feet to a 1/2-inch set
iron rod with cap for the most easterly southeast corner of said
Musser Tract 3 and said Valley View Estates;
THENCE South 47 degrees 32 minutes 09 seconds West, departing said
gravel road (County Road 239) and along said Musser Tract 3 and said
Valley View Estates, a distance of 1322.27 feet 3/8-inch found iron
rod for an ell corner of said Musser Tract 3 and said Valley View
Estates;
THENCE South 41 degrees 53 minutes 11 seconds East, along said
Musser Tract 3 and said Valley View Estates, a distance of 892.87
feet to a 1/2-inch set iron rod with cap for the southeast corner of
said Musser Tract 3 and said Valley View Estates, said corner being
the northeast corner of a tract of land described in deed to Michael
W. Bedrick, as recorded in Volume 2385, Page 203, D.R.K.C.T.;
THENCE South 47 degrees 29 minutes 14 seconds West, along the south
line of said Musser Tract 3, said Valley View Estates and the north
line of said Bedrick tract, passing at a distance of 599.01 feet a
found "T" post for the northwest corner of said Bedrick tract and
the northeast corner of a tract (Tract 2) of land described in deed
to WG&G Investments, Inc., as recorded in Volume 1308, Page 428,
D.R.K.C.T., continuing a total distance of 2025.03 feet 1-1/2-inch
found iron pipe for the southwest corner of said Musser Tract 3 and
said Valley View Estates, said corner being the northwest corner of
said WG&G Investments tract, said corner being on the east line of a
WG&G tract (Tract 1), as recorded in Volume 1308, Page 428,
D.R.K.C.T.;
THENCE North 42 degrees 18 minutes 36 seconds West, along the west
line of said Musser Tract 3 and said Valley View Estates and the
east line of said WG&G Tract 1, a distance of 1717.55 feet to a
1/2-inch found iron rod for the northwest corner of said Musser
Tract 3 and said Valley View Estates, said corner being the
northeast corner of said WG&G Tract 1, said corner being on the
south line of the aforementioned Musser Tract 2;
THENCE South 47 degrees 05 minutes 00 seconds West, along the south
line of said Musser Tract 2 and the north line of said WG&G Tract 1,
a distance of 1021.61 feet to a 1/2-inch set iron rod with cap for
the southwest corner of said Musser Tract 2 and the northwest corner
of said WG&G Tract 1, said corner being on the east line of the
aforementioned 14.00 acre Musser tract;
THENCE South 42 degrees 31 minutes 35 seconds East, along the east
line of said 14.00 acre Musser tract and the west line of said WG&G
Tract 1, a distance of 2031.97 feet to a 1/2-inch found iron rod for
corner, said corner being the northwest corner of a tract (Tract 3)
of land described in deed to WG&G Investments, Inc., as recorded in
Volume 1308, Page 428, D.R.K.C.T.;
THENCE South 33 degrees 40 minutes 23 seconds East, along the east
line of said 14.00 acre Musser tract and the west line of said WG&G
Tract 3, a distance of 1608.52 feet to the POINT OF BEGINNING AND
CONTAINING 12,999,118 square feet or 298.42 acres of land more or
less, of which 751,505 square feet or 17.25 acres are within
dedicated rights-of-way.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
* * * * *