By: Wilson H.B. No. 5383

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the River Ranch Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8004A to read as follows:

CHAPTER 8004A. RIVER RANCH MUNICIPAL UTILITY DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8004A.0101. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Commission" means the Texas Commission on Environmental Quality.

(3) "Director" means a board member.

(4) "District" means the River Ranch Municipal Utility District No. 1.

Sec. 8004A.0102. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 8004A.0103. CONFIRMATION AND DIRECTOR 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. 8004A.0104. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8004A.0103 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 as required by applicable law.

Sec. 8004A.0105. 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. 8004A.0106. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act enacting 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.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8004A.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 8004A.0202, directors serve staggered four-year terms.

Sec. 8004A.0202. TEMPORARY DIRECTORS. (a) On or after the effective date of the Act enacting this chapter, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as temporary directors the five persons named in the petition. The commission shall appoint as temporary directors the five persons named in the petition.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 8004A.0103; or

(2) the fourth anniversary of the effective date of the Act enacting this chapter.

(c) If permanent directors have not been elected under Section 8004A.0103 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 8004A.0103; 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 commission 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.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8004A.0301. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 8004A.0302. 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. 8004A.0303. 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. 8004A.0304. 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. 8004A.0305. 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.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8004A.0401. 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 8004A.0403.

(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. 8004A.0402. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8004A.0401, 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. 8004A.0403. 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.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 8004A.0501. 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. 8004A.0502. 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. 8004A.0503. 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.

SECTION 2. The River Ranch Municipal Utility District No. 1 initially includes all the territory contained in the following area: Tract 1 Approximately 128.32 acres of land out of the Benjamin S. Mudd Survey, Abstract No. 438, in Williamson County, Texas, and being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes. Tract 2 Approximately 160.40 acres of land out of the Benjamin S. Mudd Survey, Abstract No. 438 and the A.W. Rowlett Survey in Williamson County, Texas, and being more particularly described by metes and bounds on Exhibit "B" attached hereto and made a part hereof for all purposes. Tract 3 Approximately 19.942 acres of land out of the John B. Berry Survey, Abstract No. 56, in Williamson County, Texas, and being more particularly described by metes and bounds on Exhibit "C" attached hereto and made a part hereof for all purposes. Tract 4 Approximately 740.48 acres of land out of the Stephen Thornton Survey, Abstract No. 611, the Richard West Survey, Abstract No. 643, the Benjamin S. Mudd Survey, Abstract No. 438, and the John B. Berry Survey, Abstract No. 56, all situated in Williamson County, Texas, and being more particularly described as three tracts of land labeled First Tract (containing approximately 239 acres), Second Tract (containing approximately 199 acres) and Third Tract (containing approximately 392.45 acres), LESS, SAVE AND EXCEPT 89.972 acres, all as described by metes and bounds on Exhibit "D" attached hereto and made a part hereof for all purposes. Tract 5 Approximately 395.38 acres of land out of the Benjamin S. Mudd Survey, Abstract No. 438, the John B. Berry Survey, Abstract No. 56, and the Stephen Thornton Survey, Abstract No. 611, all situated in Williamson County, Texas, and being more particularly described by metes and bounds on Exhibit "E" attached hereto and made a part hereof for all purposes.

EXHIBIT A

BEING 128.32 acres of land, situated in the B. S. Mudd Survey, Abstract No. 438, in Williamson County, Texas; said land being a portion of that certain tract of land, called 182.27 acres, as described in a deed to Roy A. Butler of record in Volume 818, Page 149, of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of January, 1985, under the supervision of Don H. Bizzell, Registered Public Surveyor, and being more particularly described: BEGINNING at an iron pin found at a fence corner on the Southwest line of State Highway No. 29, marking the Northeast corner of the above-referenced 182.27 acre tract, for the Northeast corner hereof; THENCE, with a fence, S 4° 46' E, 1,382.21 feet to a nail set at a fence post; S 29° 29' 30" W, 738.74 feet to an iron pin found; S 26° 42' W, 112.76 feet to a fence post, crossing the South Fork of the San Gabriel River, S 30° 02' 30" W, 98.78 fee to a 12" Pecan Tree, and S 22° 33' 30" W, 789.94 feet to a nail set at a fence post at the east end of a rock wall, for the Southeast corner of the said 182.27 acre tract, for the Southeast corner hereof; THENCE, along the southerly edge of the said rock wall, as follows; S 78° 25' W, 104.75 feet to an iron pin found; N 82° 55' W, 76.34 feet to an iron pin found; N 72° 30' W, 77.68 feet to an iron pin found; N 76° 21' W, 72.21 feet to a nail found; N 80° 00' 30" W, 195.45 feet to an iron pin found; N 84° 56' W, 71.33 feet to a nail set; N 81° 50' 30" W, 114.30 feet to an iron pin found; N 36° 10' W, 118.73 feet to a nail found; N 52° 13' W, 121.75 feet to an iron pin found; N 75° 56' W, 105.66 feet to an iron pin found; N 26° 40' 30" W, 401.27 feet to an iron pin found; N 50° 50' 30" W, 38.03 feet to an iron pin found; N 13° 09' 30" W, 99.95 feet to an iron pin found; N 27° 43' 30" W, 90.49 feet to an iron pin found; N 39° 13' 30" W, 66.85 feet to a nail set; N 52° 10' 30" W, 52.78 feet to a nail set in a stump and N 62° 36' 30" W, 79.55 feet to a nail set at a fence post for an interior corner of the said 182.27 acre tract, for an interior corner hereof; THENCE, with a fence, S 52° 59' W, 225.58 feet to a steel post; S 63° 52' 30" W, 12.77 feet to a cedar post; S 87° 00' W, 171.93 feet to a fence post; N 77° 29' 30" W, 42.14 feet to a fence post and S 66° 49' 30" W, 164.87 feet to an iron pin found at a fence corner for the most southerly Southwest corner of said 182.27 acre tract, for the most southerly Southwest corner hereof; THENCE, N 17 10' 30" W, 464.97 feet to an iron pin set for the most southerly Northwest corner of the said 182.27 acre tract, for the most southerly Northwest corner hereof; THENCE, N 72° 30' 30" E, 127.08 feet to a fence post; N 62° 20' 30" E, 275.39 feet to a fence post 19° 37' 30" E, 89.00 feet to a point on the south bank of the South Fork of the San Gabriel River, for an interior corner of the said 182.27 acre tract, for an interior corner hereof; THENCE, upstream along the said south bank of the South Fork of the San Gabriel River, as follows; N 84° 41' W, 75.47 feet; N 77° 51' 30" W, 287.59 feet; and leaving the said south bank N 56° 06' 30" W, 51.41 feet to a point in the center of said South Fork of the San Gabriel River for the most easterly corner hereof; THENCE, N 51° 00' E, 2,708.55 feet to an iron pin set on the said Southwest line of State Highway No. 29, being the Northeast line of the said 182.27 acre tract for the Northwest corner hereof; THENCE, along the said Southwest line of State Highway No. 29, as follows, along a curve to the left, (Radius = 2,945.20 feet, Long Chord bears S 61° 09' 30" E, 299.80 feet) an arc distance of 299.93 feet to a concrete monument found; S 69° 18' E, 220.98 feet to a concrete monument found; S 64° 04' 30" E, 99.88 feet to a concrete monument found and S 59° 45' 30" E, 95.18 feet to the Place of BEGINNING and containing 128.32 acres of land. Being the same property partitioned to Roy A. Butler by Partition Deed between Richard J. Alexander and Roy A. Butler dated January 20, 1989, recorded at Vol. 1841, Page 799, Official Records of Williamson County, Texas.

EXHIBIT B

ALL OF THAT CERTAIN TRACT OF PARCEL OF LAND OUT OF THE B. S. MUDD SURVEY AND THE A. W. ROWLETT SURVEY IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 1630.33 ACRE TRACT DESIGNATED AS TRACT 1 AND ALL OF THAT CERTAIN 154.24 ACRE TRACT DESIGNATED AS TRACT 3 AS CONVEYED TO W. E. BEBEE BY DEED RECORDED IN VOLUME 539, PAGE 347 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron stake found at the Southwest corner of the said Bebee Tract 3, being in the Northeasterly line of the said Bebee Tract 1, being at the Southeast corner of that certain 367.44 acre tract designated as Tract 2 as conveyed to W. E. Bebee by Deed recorded in Volume 539, Page 347 of the Deed Records of Williamson County, Texas; THENCE with the West line of the said Bebee Tract 3, as found fenced and used upon the ground, the following courses:

N 18° 25' W for a distance of 534.85 feet to an iron stake

N 18° 41' W for a distance of 775.61 feet to an iron stake

N 18° 43' W for a distance of 271.46 feet to an iron stake

N 18° 28' W for a distance of 206.27 feet to an iron stake

N 19° 49' W for a distance of 159.38 feet to an iron stake

N 18° 23' W for a distance of 519.51 feet to an iron stake

N 18° 33' W for a distance of 459.07 feet to an iron stake

N 17° 46' W for a distance of 491.08 feet to an iron stake

N 15° 32' W for a distance of 491.54 feet to an iron stake for a corner hereof; THENCE N 30° 02' E for a distance of 23.38 feet to an iron stake set in a rock fence for a corner hereof; THENCE with the said rock fence, N 61° 52' W for a distance of 108.67 feet to an iron stake for a corner hereof; THENCE N 30° 34' W for a distance of 37.45 feet to an iron stake and N 20°41' W for a distance of 36.57 feet to an iron stake set at a corner of the said rock fence for a corner hereof; THENCE continuing with the West line of the said Bebee Tract 3, the following courses:

N 20° 33' E for a distance of 151.77 feet to an iron stake

N 24° 06' E for a distance of 633.48 feet to an iron stake set on the South bank of the San Gabriel River; THENCE crossing the said river, N 31° 53' E for a distance of 90.21 feet to an iron stake set on the North bank of the said San Gabriel River; THENCE continuing with the West line of the said Bebee Tract 3, the following courses:

N 26° 26' E for a distance of 126.96 feet to an iron stake

N 30° 15' E for a distance of 737.47 feet to an iron stake

N 04° 04' W for a distance of 1382.64 feet to an iron stake found in a fence in the South line of the State Highway #29, being at the Northwest corner of the said Bebee Tract 3, for the Northwest corner hereof; THENCE with the said fence in the South line of State Highway #29, the following courses:

S 58° 57' E for a distance of 94.09 feet to an iron stake

S 57° 14' E for a distance of 10.27 feet to an iron stake

S 63° 56' E for a distance of 96.22 feet to an iron stake

S 50° 12' E for a distance of 62.94 feet to an iron stake at the Northeast corner of the said Bebee Tract 3, for the Northeast corner hereof; THENCE with the East line of the said Bebee Tract 3, as found fenced and used upon the ground, the following courses:

S 17° 28' E for a distance of 101.65 feet to an iron stake

S 16° 07' E for a distance of 390.89 feet to an iron stake

S 15° 35' E for a distance of 460.83 feet to an iron stake

S 16° 05' E for a distance of 400.72 feet to an iron stake

S 32° 30' E for a distance of 163.59 feet to an iron stake

S 32° 17' E for a distance of 274.71 feet to an iron stake

S 00° 37' W for a distance of 200.58 feet to an iron stake

S 00° 40' W for a distance of 174.75 feet to an iron stake

S 04° 03' E for a distance of 72.53 feet to an iron stake

S 17° 09' W for a distance of 53.10 feet to an iron stake

S 04° 22' W for a distance of 145.33 feet to an iron stake

S 01° 34' E for a distance of 50.91 feet to an iron stake

S 17° 13' W for a distance of 28.90 feet to an iron stake

S 03° 35' W for a distance of 474.55 feet to an iron stake

S 00° 24' E for a distance of 53.28 feet to an iron stake

S 12° 05' W for a distance of 35.97 feet to an iron stake set at the end of a fence on the North bank of the San Gabriel River; THENCE crossing the said river, S 48° 48' W for a distance of 133.64 feet to an iron stake set at a fence corner on the South bank of the said river; THENCE continuing with the East line of the said Bebee Trace 3, as found fenced and used upon the ground, the following courses:

S 19° 25' E for a distance of 89.35 feet to an iron stake

S 18° 51' E for a distance of 320.95 feet to an iron stake

S 18° 27' E for a distance of 299.80 feet to an iron stake

S 18° 57' E for a distance of 477.07 feet to an iron stake

S 18° 46' E for a distance of 207.29 feet to an iron stake

S 18° 16' E for a distance of 655.35 feet to an iron stake

S 19° 25' E for a distance of 416.85 feet to an iron stake

S 18° 55' E for a distance of 555.42 feet to an iron stake

S 21° 08' E for a distance of 378.97 feet to an iron stake found at the Southeast corner of the said Bebee Tract 3, being in the Northeasterly line of the said Bebee Tract 1, being at a Northerly corner of that certain 1122.07 acre tract as conveyed to Springfield, Inc. by Deed recorded in Volume 554, Page 636 of the Deed Records of Williamson County, Texas; THENCE along the Northerly line of the said 1122.07 acre Springfield, Inc. Tract, S 21° 08' E for a distance of 225.00 feet to an iron stake set at a fence corner for the Southeast corner hereof; THENCE continuing along the Northerly line of the said 1122.07 acre Springfield, Inc. Tract, S 71° 18' W for a distance of 1205.60 feet to an iron stake set for the Southwest corner hereof; THENCE N 18° 25' W for a distance of 222.36 feet to the PLACE OF BEGINNING and containing 160.40 acres of land, more or less. 1. As to the most southerly 6 acres of this land, an undivided 1/2 interest in all metals, ores, granite, rocks, stones, and other minerals metallic or non-metallic, excluding caliche, but including oil and gas, as reserved to Wynona Bunny Marschall in deed to Richard D. Hardin dated August 29, 1969, recorded in Vol. 520, Page 506, Deed Records, Williamson County, Texas, together with all rights incident thereto. 2. As to that portion of this land that is out of and a part of that certain 104.1 acre tract described in a deed recorded in Vol. 535, Page 717, Deed Records, Williamson County, Texas, a 1/16 royalty interest in and to all of the oil, gas, and other minerals in and under that may be produced, as reserved in deed dated December 28, 1953, by Sam A. Kartson, et ux, recorded in Vol. 392, Page 571, Deed Records of Williamson County, Texas. 3. Easement to Southwestern Bell by instrument dated July 17, 1974, recorded in Vol. 594, Page 781, Deed Records, Williamson County, Texas. 4. Channel easement to State of Texas dated December 12, 1956, recorded in Vol. 415, Page 533, Deed Records, Williamson County, Texas. 5. Any right, title, interest or claim of any character had or asserted by the State of Texas or by the public generally in or to any portion of the herein described property which may lie within the bed or between the cut banks of a stream navigable in fact or in law or of a perennial stream.

EXHIBIT C

METES AND BOUNDS DESCRIPTION

BEING 19.942 ACRES OF LAND SITUATED IN THE JOHN B. BERRY SURVEY, ABSTRACT NO. 56 IN WILLIAMSON COUNTY TEXAS, AS DESCRIBED IN PROBATE NO. 336,737 IN THE PROBATE COURT NO. 2, HARRIS COUNTY, TEXAS, AS SHOWN ON THE ATTACHED SKETCH, AND BEING MORE PARTICULARLY DESCRIBED AS METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod set at the most Easterly property corner of the said 19.942 acres of land, point being the most Northerly property corner of that certain 106.899 acre tract of land as conveyed to Liberty Hill Land Partnership, LTD. in document #2006079904 in the official public records of Williamson County, Texas, point being on the Southern Right of Way of Highway 29, point being the POINT OF BEGINNING of the herein described tract of land; Thence S 58°50' 09" W following the common property line of the said 19.942 acres and the said 106.899 acres for a distance of 1009.57 feet to a fence corner for the most Southern property corner of the said 19.942 acres, point being on the Northeastern property line of that certain 216.71 acres of land as conveyed to Liberty Hill Land Partnership, LTD. in document #2006079904 in the official public records of Williamson County, Texas; Thence N 22° 07' 14" W following the common property line of the said 19.942 acres and the said 216.71 acres for a distance of 1459.82 feet to a fence post found; Thence N 63° 39' 49" W for a distance of 230.02 feet to a fence post found; Thence N 81° 58' 29" W for a distance of 79.90 feet to a calculated point, point being on the Eastern property line of that certain 2.00 acre tract of land conveyed to J. L. Baker as described in volume 422 page 143 of the official public records of Williamson County, Texas, point being in the center of a creek; Thence N 08° 01' 31" E following the common property line of the said 2.00 acres of land and the said 19.942 acres for a distance of 155.85 feet to a calculated point, point being in the center of a creek, point being the most Northern property corner of the said 20.042 acre tract of land, point being on the said Southern ROW of Highway 29; Thence S 56° 19' 05" E following the said ROW of HWY 29 for a distance of 69.42 feet to a fence post corner found; Thence S 54° 33' 33" E for a distance of 642.00 feet to a concrete monument found; Thence S 43° 14' 38" E for a distance of 168.90 feet to an iron rod set; Thence S 50° 44' 46" E following a curve to the left having a radius of 1005.40 feet, a delta of 14° 43' 00" and a chord distance of 257.53 feet to an iron rod set; Thence S 57° 33' 05" E for a distance of 944.18 feet to the point of beginning containing 19.942 acres of land more or less.

EXHIBIT D

FIRST TRACT: A tract out of, and a part of the Stephen Thornton Survey patented to Mathias Wilbarger by Patent No. 792, Vol. 2, Cert. 255, dated October 1st, 1850, Abst. No. 611, and described by metes and bounds as follows, to wit: BEGINNING at a stake in the E line of said Stephen Thornton 1280 acre survey on the S bank of the S San Gabriel where said East line of said Thornton Survey crosses the San Gabriel; THENCE S 19 E 1350 vrs to the SW corner of the Richard West League, same being a corner of said Stephen Thornton Survey; THENCE S 71 W 801 vrs to corner; THENCE N 19 W 1948.3 vrs to a red oak tree for the NW corner; THENCE N 71 E__vrs to the San Gabriel; THENCE down the San Gabriel with its meanders in the center of the channel thereof, to the PLACE OF BEGINNING, containing 239 acres of land more or less. SECOND TRACT: A tract out of, and a part of the Richard West 1 League Survey patented to Thomas B. Huling as assignee, by patent No. 241, Vol. 11, Certificate No. 273, dated September 22nd, 1864, Abst. No. 643, said part of said survey herein conveyed being described by metes and bounds as follows: BEGINNING on the SW line of the land owned by John B. Berry; THENCE N 71 E 1550 vrs to the SE corner of said Berry Survey; THENCE S 19 E 555; THENCE S 71 W 980 vrs; THENCE S 19 E 170 vrs; THENCE S 24 W 710 vrs to the North Fork of the South San Gabriel; THENCE up said San Gabriel to the W line of said Survey of Richard West. THENCE N 19 W on the W line of said survey, 1245 vrs to the PLACE OF BEGINNING, containing 199 acres of land, more or less. THIRD TRACT: Containing 392.45 acres composed of 355.51 acres of land a part of the Stephen Thornton survey 28.7 acres of land out of the Benjamin S. Mudd Survey, and 8.24 acres of land out of the John B. Berry Survey situated in Williamson County, Texas, described in one body as follows: About 15 miles W of the Town of Georgetown, Texas, containing 392.45 acres, more or less, and consisting of the following surveys and parts of surveys, to wit: 355.51 acres of land, being out of the Stephen Thornton Survey, Abstract No. 611, Certificate No. 255, Patent No. 792, Vol. 2, dated October 1, 1850; 28.7 acres of land, being out of the Benjamin S. Mudd Survey, Abstract No. 438, Certificate No. 457, Patent No. 550, Vol. 2, dated June 28, 1849; and 8.24 acres of land, being out of the John B. Berry Survey, Abstract No. 56, Certificate No. 928/1027, Patent No. 1070, Vol. 6, dated August 11th, 1849; said 392.45 acres being described by metes and bounds as follows: BEGINNING at a point S 19-45 E and 230 vrs. distant from the NW corner of the aforementioned Thornton Survey, an iron stake and stone mound for the most westerly NW corner hereof; THENCE with the meanderings of a wire fence as follows: N 31-16 E 90.2 vrs.; N 32-1 E 93.3 vrs.; N 38-16 E 71 vrs.; N 40-57 E 31.1 vrs.; and N 39-52 E 21.6 vrs. to a cedar fence post atop of a high bluff; THENCE N 18-58 E 72.7 vrs crossing the S San Gabriel River at a point of the East Bank of said Stream where the N line of the aforementioned Thornton Survey intersects said East Bank; THENCE with a wire and rock fence as follows: N 58-11 E 31.1 vrs and N 71-28 E 526 vrs to a corner; THENCE N 10-38 E with a wire fence 851.9 vrs to a cedar fence post on the West bank of a spring branch; said point is also the SW corner of J. C. Parks tract. THENCE with the meanderings of a wire fence on the E bank of the aforementioned branch as follows: S 84-57 E 29.5 vrs, S 5-17 E 39.2 vrs; S 63.2 E 82/4 vrs a cedar post for corner; THENCE S 20-1 E at 510 vrs cross the S line of the aforementioned Berry Survey which is also the N line of the "Panhandle" of said Mudd Survey at 609 vrs cross the S line of the "Panhandle" of said Mudd Survey which is also the N line of the said Thornton Survey at 1598.5 vrs in all a cedar fence post in a rock fence for corner; THENCE with the meanderings of a wire fence as follows: S 71-38 W 56.2 vrs S 5.32 W 30.4 vrs; S 24.45 W at 46.7 vrs a point in the center of the channel of the aforementioned S fork of the San Gabriel river; THENCE with the center of said stream about as follows: N 84 W 110.3 vrs N 73.9 W 139 vrs; and S 88-15 W 91.9 vrs; THENCE 23-17 W 24.7 vrs a cedar post atop a bluff on the S side of said River; THENCE with the meanderings of a wire fence as follows: S 49-11 W 59 vrs; S 63-44 W 41 vrs; S 63-31 W 63.4 vrs; S 69-56 W 47.6 vrs; S 31-53 W 165.6 vrs; S 58-41 W 56.4 vrs; S 20-54 W 23.1 vrs a cedar post for corner; THENCE 19-48 E 1170.2 vrs a cedar post on N bank of Wright Branch for corner; THENCE with a wire fence along the North Bank of said Branch S 50-32 W 133.2 vrs to a cedar post at the NE corner of the aforementioned 7.72 acre tract conveyed to the said Asa N. Sedwick; THENCE with a wire fence (new) along the N line of said 7.72 acre tract S 50-43 W 441.4 vrs to a cedar post in the W line of a 400.17 acre tract at the NW corner of said 7.72 acre tract and the SW corner hereof; THENCE with the W line of a 400.17 acre tract N 19-45 W 2188.1 vrs to the PLACE OF BEGINNING. SAVE AND EXCEPT that the property out of the Richard West Survey conveyed to the State of Texas for highway purposes by deed recorded in Vol. 415, Page 555 of the Deed Records of Williamson County, Texas, described as follows, to-wit: BEING 89.972 acres of the Richard West Survey, Abstract No. 643, in Williamson County, Texas; part of the 199 acre Second Tract that is described in a deed to Roy Butler, et. al., recorded in Vol. 523, Pg. 76, Deed Records of Williamson County, Texas. Surveyed on the ground in February of 1994, by William F. Forest, Jr., Registered Professional Land Surveyor No. 1847. BEGINNING at an iron pin at the Southeast fence corner of the said 199 acre Butler tract. THENCE along the fenced South boundary of the 199 acre tract and the North line of a tract conveyed to Fannie L. Marcom, et. al., S 71 deg. 33 min. 15 sec. W 1219.31 feet to an iron pin set and S 71 deg. 23 min. W 791.2 feet to an iron found at a fence corner. THENCE with the East line of State Highway 29, N 52 deg. 10 min. 50 sec. W 103.34 feet to a concrete monument found West of the fence; N 52 deg. 00 min. 25 sec. W 488.41 feet to a concrete monument found West of the fence; N 45 deg. 03 min. 45 sec. W 383.42 feet to an iron pin set by a cedar post; and N 55 deg. 37 min. W 937.46 feet to an iron pin found 1 foot West of a fence corner, at the intersection of the East line of State Highway 29 with the North line of the said 199 acre tract. THENCE along a fence existing on the North side of a gravel road and along the South boundary of the Edward Parks property described in Probate Records, Vol. 85, Page 637, N 73 deg. 29 min. E 630.8 feet to a nail set in the root of a 24 inch Liveoak; N 71 deg. 04 min. E 755.97 feet to a pipe post found at a fence corner existing on the East side of the gravel road. THENCE along the fenced South boundary of a tract conveyed to Leroy Hall as described in Vol. 475, Page 57, N 71 deg. 35 min. 10 sec. E 28.86 feet to an iron pin set East of a 24 inch Liveoak; N 72 deg. 26 min. 55 sec. E 461.97 feet to an iron pin found East of a 24 inch Liveoak; N 72 deg. 35 min. 25 sec. E 472.18 feet to an iron pin set at the South base of a creosote fence corner post; and N 72 deg. 54 min. 35 sec. E 462.93 feet to an iron pin set in a fence. THENCE S 26 deg. 58 min. 50 sec. E 12.44 feet to an iron pin found at a fence corner; THENCE along the most Easterly of two fences existing on the West boundary of a tract conveyed to Stewart S. Nemir as described in Vol. 1969, Pg. 173, S 18 deg. 35 min. 50 sec. E 712.29 feet to an iron pin set at the West base of a steel fence post; and S 18 deg. 36 min. 25 sec. E 814.11 feet to the POINT OF BEGINNING. Being the same property conveyed to Roy A. Butler by Warranty Deed from Marvin Hall and wife, Theo Mae Hall, dated December 10, 1969

EXHIBIT E

BEING 395.38 acres of land out of and part of the B. S. Mudd Survey, Abstract No. 438, in the John B. Berry Survey, Abstract No. 56, and the Stephen Thornton Survey, Abstract No. 611, all situated in Williamson County, Texas, said 395.38 acre tract being more particularly described as being that certain tract of land conveyed by deed from Clarence J. Duey and wife, Roberta I. Duey to Floyd Cantwell and wife, Helen Cantwell, of record in Volume 524, Page 107, of the Williamson County Deed Records, Williamson County, Texas, said 395.38 acre tract being more fully described by metes and bounds as follows: BEGINNING at a steel pin and fence corner on or near the common line between the above said B. S. Mudd Survey and the Stephen Thornton Survey, said fence corner being the southwest corner of the above said Floyd Cantwell tract, and being the southwest corner of the 395.38 acre tract herein described; THENCE with the fence along the west line of this survey, N 22 deg. 04' W 3503.3 feet to a point at the center of the South San Gabriel River; THENCE down said River S 72 deg. 15' E 135.0 feet to a point for an interior corner of this survey; THENCE leaving said River and with the fence along the west line of said Cantwell tract the following six (6) courses:

1. N 00 deg. 47' E 845.0 feet to a bend in said fence;

2. N 13 deg. 12' E 54.3 feet to a bend in said fence;

3. N 03 deg. 48' W 447.4 feet to a bend in said fence;

4. N 35 deg. 39' W 436.8 feet to a bend in said fence;

5. N 19 deg. 04' W 1222.0 feet to a bend in said fence;

6. N 20 deg. 42' W 136.8 feet to a steel pin and fence corner in the south line of State Highway No. 29 for the northwest corner of this survey; THENCE with the south line of said Highway No. 29, S 66 deg. 29' E 58.3 feet to a concrete right-of-way marker for a bend in said right-of-way; THENCE continue with said right-of-way line S 70 deg. 46' E 200.56 feet to a concrete right-of-way marker for a bend in said right-of-way; THENCE continue with said right-of-way S 66 deg. 29' E 600.0 feet to a concrete right-of-way marker at the beginning of a curve to the right whose elements are, central angle of 4 deg. 28' radius of 11,525.38 feet; and whose long chord bears S 64 deg. 12' E 898.3 feet to a concrete right-of-way marker at the east end of said curve; THENCE continue with said right-of-way line S 62 deg. 01' E 1072.6 feet to a concrete right-of- way marker at the beginning of a curve to the left whose elements are, central angle of 2 deg. 50', radius of 12000.16 feet, and whose long chord bears S 63 deg. 27' E 593.4 feet to a concrete right-of-way marker at the east end of said curve; THENCE continue with said right-of-way line S 64 deg. 51' E 1200.6 feet to a steel pin and fence corner in the south line of said Highway No. 29 for the most northerly northeast corner of this survey; THENCE leaving said Highway No. 29 and with the fence along the east and south sides of the above said Cantwell tract, the following fourteen (14) courses:

1. S 14 deg. 04' W 158.6 feet to a bend in said fence;

2. S 11 01' W 187.5 feet to a bend in said fence;

3. S 05 deg. 19' W 122.4 feet to an interior corner of this survey;

4. N 86 deg. 30' E 38.2 feet to a bend in said fence;

5. S 87 deg. 58' E 121.4 feet to a bend in said fence;

6. S 50 deg. 55' E 466.9 feet to a bend in said fence;

7. S 82 deg. 14' E 543.3 feet to a fence corner for the most easterly northeast corner of this survey;

8. S 09 deg. 07' W 2219.6 feet to a steel pin and fence corner for the southeast corner of this survey;

9. S 69 deg. 34' W 1565.5 feet to a bend in said fence;

10. S 19 deg. 33' W 41.2 feet to a bend in said fence;

11. S 08 deg. 28' W crossing the above mentioned south San Gabriel River 174.8 feet to a bend in said fence;

12. S 37 deg. 36' W 325.0 feet to a bend in said fence;

13. N 68 deg. 11' W 441.4 feet to a bend in said fence;

14. S 67 deg. 57' W 840.8 feet to the place of beginning, containing 395.38 acres of land. Being the same property described in deed recorded February 12, 1982, at Vol. 866, Page 810, Official Records of Williamson County, Texas.

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. (a) If this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 8004A, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8004A.0306 to read as follows:

Sec. 8004A.0306. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.

(b) This section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c), Article I, Texas Constitution.

SECTION 5. 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, 2023.