S.B.No.660
AN ACT
relating to the creation of the Caldwell County Municipal Utility
District No. 1; providing authority to impose a tax and issue bonds;
granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION1.Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8307 to read as follows:
CHAPTER8307.CALDWELL COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec.8307.001.DEFINITIONS. In this chapter:
(1)"Board" means the district's board of directors.
(2)"Director" means a board member.
(3)"District" means the Caldwell County Municipal
Utility District No. 1.
Sec.8307.002.NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec.8307.003.CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec.8307.004.CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8307.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec.8307.005.FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a)The district is created to serve a public purpose and benefit.
(b)The district is created to accomplish the purposes of:
(1)a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2)Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec.8307.006.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 the district's:
(1)organization, existence, or validity;
(2)right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3)right to impose a tax; or
(4)legality or operation.
[Sections 8307.007-8307.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec.8307.051.GOVERNING BODY; TERMS. (a)The district is
governed by a board of five elected directors.
(b)Except as provided by Section 8307.052, directors serve
staggered four-year terms.
Sec.8307.052.TEMPORARY DIRECTORS. (a)The temporary
board consists of:
(1)Joseph John Mazzola III;
(2)Hunter Wallace Dehn;
(3)Seth Thatcher;
(4)Scott Guesner; and
(5)Mark Solomon.
(b)Temporary directors serve until the earlier of:
(1)the date permanent directors are elected under
Section 8307.003; or
(2)the fourth anniversary of the effective date of
the Act creating this chapter.
(c)If permanent directors have not been elected under
Section 8307.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1)the date permanent directors are elected under
Section 8307.003; or
(2)the fourth anniversary of the date of the
appointment or reappointment.
(d)If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the five
persons named in the petition.
[Sections 8307.053-8307.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec.8307.101.GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec.8307.102.MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec.8307.103.AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec.8307.104.ROAD STANDARDS AND REQUIREMENTS. (a)A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b)If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c)If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec.8307.105.COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec.8307.106.LIMITATION ON CONSTRUCTION AND DEVELOPMENT
IN DISTRICT. A developer may not begin construction or development
of a project in the district unless the developer has entered into a
contract with an appropriate entity for the provision of water and
sewer services for the project.
Sec.8307.107.LOCAL ROADWAY IMPROVEMENT. A developer who
undertakes a project in the district shall enter into an agreement
with the Texas Department of Transportation, the commissioners
court of any county in whose jurisdiction the district is located,
or another appropriate entity to make improvements in the roads
surrounding the district to mitigate any problems with traffic the
proposed project is anticipated to cause or create.
Sec.8307.108. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1)a road project authorized by Section 8307.103; or
(2)a recreational facility as defined by Section
49.462, Water Code.
Sec.8307.109.DIVISION OF DISTRICT. (a)The district may
be divided into two or more new districts only if the district:
(1)has no outstanding bonded debt; and
(2)is not imposing ad valorem taxes.
(b)This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c)Any new district created by the division of the district
may not, at the time the new district is created:
(1)contain any land outside the area described by
Section 2 of the Act creating this chapter; or
(2)contain less than 100 acres.
(d)The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district according to the most recent
certified appraisal roll for each county in which the district is
located, may adopt an order dividing the district.
(e)The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8307.003 to confirm the district's creation.
(f)An order dividing the district shall:
(1)name each new district;
(2)include the metes and bounds description of the
territory of each new district;
(3)appoint temporary directors for each new district;
and
(4)provide for the division of assets and liabilities
between or among the new districts.
(g)On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(h)Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8307.003.
(i)Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(j)Any new district created by the division of the district
may divide into two or more districts as provided by this section.
[Sections 8307.110-8307.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec.8307.151.ELECTIONS REGARDING TAXES OR BONDS.
(a)The district may issue, without an election, bonds and other
obligations secured by:
(1)revenue other than ad valorem taxes; or
(2)contract payments described by Section 8307.153.
(b)The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c)The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec.8307.152.OPERATION AND MAINTENANCE TAX. (a)If
authorized at an election held under Section 8307.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b)The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec.8307.153.CONTRACT TAXES. (a)In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b)A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8307.154-8307.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec.8307.201.AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec.8307.202.TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec.8307.203.BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION2.The Caldwell County Municipal Utility District
No. 1 initially includes all the territory contained in the
following area:
TRACT 1 - 3473.37 ACRES
All that certain tract or parcel of land situated in Caldwell
County, Texas out of the Eason Tyson Survey, Abstract No. 291 and
the Almerion Dickinson Survey, Abstract No. 5, Caldwell County,
Texas and being those tracts described as 256.38 acres in a Special
Warranty Deed granted to Don Ray George, et ux, and recorded in
Volume 81, Page 50, Official Public Records of Caldwell County,
Texas, and 339.33 acres in a Special Warranty Deed with Vendor's
Lien granted to Don Ray George, et ux, and recorded in Volume 81,
Page 558, of said official public records and 1638.30 acres in a
Special Warranty Deed granted to Don Ray George, et ux, and recorded
in Volume 80, Page 901, of said official public records and 384-1/4
acres (First Tract), 157 acres (Tract One of Second Tract), 200
acres (Tract Two of Second Tract), Tract Four of Second Tract, 100
acres (Tract Two of Third Tract), 100 acres (Tract One of Third
Tract), 100 acres (Tract Three of Second Tract), and 200 acres
(Seventh Tract) in a Deed granted to Sidney Camille Brewster Young,
and recorded in Volume 342, Page 454, Deed Records of Caldwell
County, Texas, and further described by metes and bounds as
follows:
BEGINNING at a 1/2" iron pin found at the intersection of the
northeast line of Highway 80, a.k.a. San Marcos Highway,
right-of-way varies, and the northwest line of County Road 110,
a.k.a. Long Road, right-of-way varies, for the southwest corner of
said Don Ray George, et ux tract (81/50) and this tract;
THENCE, with the northeast line of said Highway 80 and the southwest
line of said Don Ray George, et ux tracts (81/50), (81/558), and
(80/901) and this tract in the following twenty one (21) courses;
1.N 2559'34" W 115.79 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set,
2.N 6110'25" E 15.80 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set,
3.N 2558'07" W 597.09 feet to a concrete monument found,
4.S 7049'29" W 15.15 feet to a 1/2" iron pin found,
5.N 2556'19" W 997.88 feet to a concrete monument,
6.N 6658'22" E 5.66 feet to a concrete monument,
7.N 2559'32" W 399.21 feet to a concrete monument,
8.S 7704'13" W 6.02 feet to a concrete monument,
9.N 2553'15" W at 1298.67 feet and 0.17 feet to the left passing a
concrete monument found, in all 1364.69 feet to a 1/2" iron
pin found for the northwest corner of said Don Ray George, et
ux tract (81/50) and the southwest corner of said Don Ray
George, et ux tract (81/558),
10.N 2551'03" W 1331.32 feet to a concrete monument,
11.N 6337'33" E 9.12 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set,
12.N 2605'30" W 200.05 feet to a concrete monument found,
13.S 7024'55" W 10.36 feet to a concrete monument with a 60d nail
found in it,
14.N 2552'07" W 999.81 feet to a 1/2" pipe found,
15.N 6406'49" E 139.42 feet to a 1/2" iron pin found,
16.N 2606'10" W 128.89 feet to a 1/2" pipe found for the northwest
corner of said Don Ray George, et ux tract (81/558) and an
angle point of said Don Ray George, et ux tract (80/901),
17.N 2548'08" W 221.34 feet to a 1/2" iron pin found,
18.S 6352'16" W 130.00 feet to a calculated point inundated by
Dickerson Creek,
19.N 2555'54" W 749.61 feet to a concrete monument,
20.S 6837'09" W 9.87 feet to a concrete monument,
21.N 25'55"39" W at 1400.02 feet and 0.40 feet to the left passing
a right-of-way monument found, in all 1907.70 feet to a 1/2"
iron pin found at the intersection of the northeast line of
said Highway 80 and the southeast line of County Road 107,
a.k.a. Dickerson Road, right-of-way varies, for the
northwest corner of said Don Ray George, et ux tract (80/901)
and this tract;
THENCE, with the southeast line of said County Road 107 and the
northwest line of said Don Ray George, et ux tract (80/901), said
Sidney Camille Brewster Young tracts (First Tract), (Tract One of
Second Tract), and (Tract Two of Second Tract) and this tract in the
following twenty one (21) courses,
1.N 2750'19" E 99.49 feet to a 1/2" iron pin found,
2.N 4830'05" E 1090.68 feet to a 1/2" iron pin found,
3.N 4830'04" E 1359.07 feet to a 1/2" iron pin found,
4.N 4838'19" E 1936.21 feet to a 1/2" iron pin found,
5.N 4835'39" E 1168.70 feet to a 1/2" iron pin with a yellow
plastic cap inscribed "CS,LTD." set,
6.N 4905'39" E 540.52 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set,
7.N 7335'13" E 43.60 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set,
8.S 8427'23" E 365.52 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set in the southwest line of that
tract described as 607.42 acres in a Special Warranty Deed
granted to The Revocable Living Trust of Arthur Don Purswell
and Marian Young Purswell and recorded in Volume 177, Page
133, of said official public records and leaving said County
Road 107,
9.S 4129'30" E 275.84 feet to a 1/2" iron pin found for the
southwest corner of said Arthur Don Purswell and Marian Young
Purswell tract and an interior ell corner of said Don Ray
George, et ux tract and this tract,
10.N 4841'10" E 316.93 feet with the southeast line of said Arthur
Don Purswell and Marian Young Purswell tract to a 1/2" iron
pin with a yellow plastic cap inscribed "CS, LTD." set in the
southeast line of said County Road 107,
11.N 4818'17" E 510.35' feet continuing with the southeast line of
said Arthur Don Purswell and Marian Young Purswell tract to a
1/2" iron pin found,
12.N 4839'36" E 615.14 feet to a 1/2" iron pin with a yellow
plastic cap inscribed "CS, LTD." set,
13.N 4847'27" E 244.10 feet to a 1/2" iron pin with a yellow
plastic cap inscribed "CS, LTD." set,
14.N 5242'18" E 172.20 feet to a 1/2" iron pin found,
15.N 6158'35" E 114.42 feet to a 1/2" iron pin with a yellow
plastic cap inscribed "CS, LTD." set,
16.N 4818'51" E 689.17 feet to a 1/2" iron pin found,
17.N 4816'14" E 456.03 feet to a 1/2" iron pin found,
18.N 4854'32" E 642.45 feet to a 5/8" iron pin found for the
northwest corner of said Sidney Camille Brewster Young tract
(First Tract) and the northeast corner of said Don Ray
George, et ux tract (80/901),
19.N 4849'02" E 2107.30 feet to a nail found at the top of a post
for the northwest corner of said Sidney Camille Brewster
Young tract (Tract One of Second Tract) and the northeast of
said Sidney Camille Brewster Young tract (First Tract),
20.N 4824'33" E 844.46 feet to a 1/2" iron pin with a yellow
plastic cap inscribed "CS, LTD." set for the northwest corner
of said Sidney Camille Brewster Young tract (Tract Two of
Second Tract) and the northeast corner of said Sidney Camille
Brewster Young tract (Tract One of Second Tract),
21.N 4754'42" E 1089.86 feet to a 5/8" iron pin found for the
northwest corner of that tract described as 5.41 acres (First
Tract) in a Warranty Deed granted to Nazario Reyna, et al, and
recorded in Volume 109, Page 311, of said official public
records and the northeast corner of said Sidney Camille
Brewster Young tract (Tract Two of Second Tract) and the most
westerly northeast corner of this tract,
THENCE, with the southwest line of said Nazario Reyna, et al tract
(First Tract) and that tract described as 7.67 acres (Second Tract)
in said Nazario Reyna, et al, Warranty Deed and those tracts
described as 6.04 acres (Tract One), 6.05 acres (Tract Two), 7.55
acres (Tract Three), and 7.55 acres (Tract Four) in a Warranty Deed
with Vendor's Lien granted to Michael Henry and recorded in Volume
66, Page 504, of said official public records and that tract
described as 10.29 acres in a Warranty Deed granted to Thomas J.
Chrystal, et al, and recorded in Volume 496, Page 677, of said deed
records and the northeast line of said Sidney Camille Brewster
Young tract (Tract Two of Second Tract) and continuing with the
northwest line of this tract in the following seven (7) courses,
1.S 4122'58" E 700.00 feet to a 1/2" iron pin found for the
northwest corner of said Nazario Reyna, et al tract (Second
Tract) and the southwest corner of said Nazario Reyna, et al
tract (First Tract),
2.S 4130'13" E 337.71 feet to a 1/2" iron pin found for the
northwest corner of said Michael Henry tract (Tract Four) and
the southwest corner of said Nazario Reyna, et al tract
(Second Tract),
3.S 4148'01" E 326.67 feet to a 1/2" iron pin found for the
northwest corner of said Michael Henry tract (Tract Three)
and the southwest corner of said Michael Henry tract (Tract
Four),
4.S 4206'52" E 326.93 feet to a 1/2" iron pin found for the
northwest corner of said Michael Henry tract (Tract Two) and
the southwest corner of said Michael Henry tract (Tract
Three),
5.S 4211'00" E 262.18 feet to a 1/2" iron pin found for the
northwest corner of said Michael Henry tract (Tract One) and
the southwest corner of said Michael Henry tract (Tract Two),
6.S 4221'52" E 261.98 feet to a 1/2" iron pin found for the
northwest corner of said Thomas J. Chrystal, et al tract and
the southwest corner of said Michael Henry tract (Tract One),
7.S 4228'15" E 448.18 feet to a 1/2" iron pin found for the
northwest corner of said Sidney Camille Brewster Young tract
(Tract Two of Third Tract) and the southwest corner of said
Thomas J. Chrystal, et al tract and an interior ell corner of
this tract;
THENCE, with the southeast line of said Thomas J. Chrystal, et al
tract and that tract described as 10.20 acres in a Warranty Deed
granted to Anna Lowe, et al, and recorded in Volume 120, Page 785,
of said official public records and that tract described as 25.00
acres in a Contract For Deed granted to Wayne Carlton Latham, et ux,
and recorded in Volume 75, Page 46, of said official public records
and that tract described as 35.31 acres in a General Warranty Deed
granted to Wayne Carlton Latham, et ux, and recorded in Volume 318,
Page 900, of said official public records and the northwest line of
said Sidney Camille Brewster Young tract (Tract Two of Third Tract)
and continuing with the northwest line of this tract in the
following nine (9) courses,
1.N 4759'47" E 399.12 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set,
2.N 4759'47" E 399.62 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set,
3.N 4751'49" E at 176.33 feet passing a 1/2" iron pin with a yellow
plastic cap inscribed "CS, LTD." set for the southwest corner
of an unimproved 50 foot roadway, in all 201.32 feet to a 1/2"
iron pin with a red cap inscribed "Hinkle Surveyor" found for
the southwest corner of said Anna Lowe, et al tract and the
southeast corner of said Thomas J. Chrystal, et al tract,
4.N 4833'39" E at 25.04 feet passing a 60d nail found at the base
of a 20" Elm Tree for the southeast corner of said roadway, in
all 199.14 feet to a 5/8" iron pin found,
5.N 4726'44" E 398.26 feet to a 5/8" iron pin found at a 12" Twin
Elm Tree,
6.N 4748'57" E 400.42 feet to a 1/2" iron pin with an aluminum cap
inscribed "Burn & Assoc. Surveying" found for the southwest
corner of said Wayne Carlton Latham, et ux tract (75/46) and
the southeast corner of said Anna Lowe, et al tract,
7.N 4821'48" E 318.40 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set,
8.N 4802'21" E 515.92 feet to a 12" treated fence post found for
the southwest corner of said Wayne Carlton Latham, et ux
tract (318/900) and the southeast corner of said Wayne
Carlton Latham, et ux tract (75/46),
9.N 4806'50" E 1165.61 feet to a 5/8" iron pin found in the
southwest line of that tract described as 433.16 acres in a
Deed granted to Everett F. Johnson, et al, and recorded in
Volume 320, Page 3, of said deed records for the southeast
corner of said Wayne Carlton Latham, et ux tract (318/900)
and the northeast corner of said Sidney Camille Brewster
Young tract (Tract Two of Third Tract) and the most easterly
northeast corner of this tract;
THENCE, with the southwest line of said Everett F. Johnson, et al
tract as fenced and that tract described as 97.20 acres in an
Extension Agreement granted to Jo Ann Simmons, and recorded in
Volume 127, Page 303, of said deed records and the northeast line of
said Sidney Camille Brewster Young tracts (Tract Two of Third
Tract), (Tract One of Third Tract), (Tract Three of Second Tract),
and (Seventh Tract) and this tract as fenced in the following nine
(9) courses,
1.S 4120'59" E 1086.22 feet to a 1/2" iron pin with a yellow
plastic cap inscribed "CS, LTD." set for the northeast corner
of said Sidney Camille Brewster Young tract (Tract One of
Third Tract) and the southeast corner of said Sidney Camille
Brewster Young tract (Tract Two of Third Tract),
2.S 4147'44" E 476.92 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set at a fence corner,
3.S 4155'29" E 609.13 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set for the northeast corner of said
Sidney Camille Brewster Young tract (Tract Three of Second
Tract) and the southeast corner of said Sidney Camille
Brewster Young tract (Tract One of Third Tract),
4.S 4110'50" E 1091.49 feet to a 1/2" iron pin found for the
northwest corner of said Jo Ann Simmons tract and the
northeast corner of said Sidney Camille Brewster Young tract
(Seventh Tract) and the southeast corner of said Sidney
Camille Brewster Young tract (Tract Three of Second Tract),
5.S 4133'35" E 500.01 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set,
6.S 4155'23" E 500.01 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set,
7.S 4116'46" E 652.96 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set,
8.S 4236'00" E 270.74 feet to a 1/2" iron pin found for the most
westerly southwest corner of said Jo Ann Simmons tract,
9.S 4133'20" E 213.33 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD."
set in the fenced northwest line of said County Road 110 for
the southeast corner of said Sidney Camille Brewster Young
tract (Seventh Tract) and this tract;
THENCE, with the northwest line of said County Road 110 as occupied
and the southeast line of said Sidney Camille Brewster Young tracts
(Seventh Tract), (Tract Two of Second Tract), (Tract One of Second
Tract), and (First Tract) and said Don Ray George, et ux tracts
(80/901) and (81/50) as occupied and this tract in the following
thirty (30) courses,
1.S 4825'35" W 3998.39 feet to a 1/2" iron pin with a yellow
plastic cap inscribed "CS, LTD." set at a fence corner post
for the southeast corner of said Sidney Camille Brewster
Young tract (Tract Two of Second Tract) and the southwest
corner of said Sidney Camille Brewster Young tract (Seventh
Tract),
2.S 4759'23" W 1101.35 feet to a 1/2" iron pin with a yellow
plastic cap inscribed "CS, LTD." set for the southeast corner
of said Sidney Camille Brewster Young tract (Tract One of
Second Tract) and the southwest corner of said Sidney Camille
Brewster Young tract (Tract Two of Second Tract),
3.S 4814'02" W 846.20 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set at a fence corner post for the
southeast corner of said Sidney Camille Brewster Young tract
(First Tract) and the southwest corner of said Sidney Camille
Brewster Young tract (Tract One of Second Tract),
4.S 4855'00" W 2089.02 feet to a 1/2" iron pin found for the
southeast corner of said Don Ray George, et ux tract (80/901)
and the southwest corner of said Sidney Camille Brewster
Young tract (First Tract),
5.S 4715'53" W 828.29 feet to a 1/2" iron pin found,
6.S 4814'38" W 1800.54 feet to a 1/2" iron pin found,
7.S 4553'08" W 29.28 feet to a 1/2" iron pin found,
8.S 4742'12" W 1192.83 feet to a concrete monument,
9.S 5548'36" W 86.13 feet to a 1/2" iron pin found,
10.S 4450'37" W 86.74 feet to a 1/2" iron pin found,
11.S 4659'47" W 1025.64 feet to a 1/2" iron pin with a yellow
plastic cap inscribed "CS, LTD." set,
12.S 5114'20" W 63.03 feet to a 1/2" iron pin found,
13.S 4831'46" W 323.13 feet to a 1/2" iron pin found,
14.S 4810'15" W 419.02 feet to a 1/2" iron pin found,
15.S 5257'23" W 267.70 feet leaving said fence to a 1/2" iron pin
with a yellow plastic cap inscribed "CS, LTD." set,
16.S 4927'07" W 266.78 feet to a 1/2" iron pin found,
17.S 4116'15" E 29.52 feet back to said fence and to a 1/2" iron
pin found,
18.S 4819'28" W 383.14 feet to a 1/2" iron pin found,
19.S 4820'59" W 761.56 feet to a 1/2" iron pin found,
20.S 4844'26" W 698.20 feet to a 1/2" iron pin with a yellow
plastic cap inscribed "CS, LTD." set,
21.S 4809'58" W 530.04 feet to a 1/2" iron pin found,
22.S 4839'32" W 124.20 feet to a 1/2" iron pin found for the
southeast corner of said Don Ray George, et ux tract (81/50)
and the southwest corner of said Don Ray George, et ux tract
(80/901),
23.S 4827'11" W 825.07 feet to a 1/2" iron pin found,
24.S 5237'55" W 62.98 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set,
25.S 4849'11" W 50.25 feet to a 1/2" iron pin with a yellow plastic
cap inscribed "CS, LTD." set,
26.S 4128'02" W 18.93 feet to a 1/2" iron pin found,
27.S 4816'14" W 843.13 feet to a 1/2" iron pin with a yellow
plastic cap inscribed "CS, LTD." set,
28.S 4823'56" W 434.47 feet to a 1/2" iron pin found,
29.S 4828'12" W 1554.39 feet to a 1/2" iron pin with a yellow
plastic cap inscribed "CS, LTD." set,
30.S 5827'42" W 11.24 feet to the Point of Beginning and
containing 3473.37 acres of land within this metes and bounds
description.
Bearings cited hereon based on Grid North, Texas State Plane
Coordinate System (Central Zone) NAD83.
SECTION3.(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.
SECTION4.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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B.No.660 passed the Senate on
April30,2009, by the following vote: Yeas31, Nays0; and that
the Senate concurred in House amendment on May 29, 2009, by the
following vote: Yeas30, Nays0.
______________________________
Secretary of the Senate
I hereby certify that S.B.No.660 passed the House, with
amendment, on May25,2009, by the following vote: Yeas141,
Nays1, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor