Bill Text: TX HB3804 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the creation of the Lajitas Utility District No. 1 of Brewster County; providing authority to impose taxes and issue bonds; granting a limited power of eminent domain.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-06-17 - Effective immediately [HB3804 Detail]

Download: Texas-2011-HB3804-Enrolled.html

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H.B. No. 3804

AN ACT
relating to the creation of the Lajitas Utility District No. 1 of
Brewster County; providing authority to impose taxes and issue
bonds; granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle X, Title 6, Special District Local Laws
Code, is amended by adding Chapter 11002 to read as follows:
CHAPTER 11002. LAJITAS UTILITY DISTRICT NO. 1 OF BREWSTER COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 11002.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Lajitas Utility District No.
1 of Brewster County.
Sec. 11002.002. NATURE OF DISTRICT. The district is a
utility district with combined powers created under Section 59,
Article XVI, Texas Constitution.
Sec. 11002.003. 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. 11002.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) 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;
(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; and
(3) Section 52-a, Article III, Texas Constitution,
that relate to the development and diversification of the economy
of this state and other purposes of that section.
(d) The creation of the district is in the public interest
and essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(g) The district is not an agent or instrumentality of a
private interest even though the district will benefit private
interests as well as the public.
Sec. 11002.005. 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 11002.006-11002.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 11002.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 11002.052, directors
serve staggered four-year terms.
Sec. 11002.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Brent Ratliff;
(2) George Kutch;
(3) John Nolan;
(4) Renee Lorenz; and
(5) H. C. Ross.
(b) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy.
(c) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 11002.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(d) If permanent directors have not been elected under
Section 11002.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (e) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 11002.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(e) If Subsection (d) 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 11002.053-11002.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 11002.101. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 11002.102. 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. 11002.103. IMPROVEMENT PROJECTS AND SERVICES. Except
as provided by Section 11002.113, the district may provide
improvement projects and services in the same manner as a municipal
management district under Section 375.112, Local Government Code.
Sec. 11002.104. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the Texas Commission on Environmental Quality as required by
Section 54.234, Water Code.
(c) The district, at the district's expense, shall repair
and maintain any internal streets and roads in the district.
Brewster County has no obligation to repair or maintain the
internal streets and roads in the district, even on dissolution of
the district.
Sec. 11002.105. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 11002.104
unless:
(1) each county that will operate and maintain the
road has approved the plans and specifications of the road project,
if a county will operate and maintain the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 11002.106. 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. 11002.107. LIMITATION ON USE OF EMINENT DOMAIN. (a)
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 11002.104; or
(2) a recreational facility as defined by Section
49.462, Water Code.
(b) If the district's exercise of its eminent domain power
requires relocating, raising, lowering, rerouting, or altering the
construction of any electric transmission or electric distribution
line, conduit, pole, or facility, the district must bear the actual
cost of relocating, raising, lowering, rerouting, or altering the
construction of any electric transmission or electric distribution
line to provide a comparable replacement without enhancing the
facility, after deducting from the cost the net salvage value
derived from the old facility.
Sec. 11002.108. ELECTRIC POWER FACILITIES. The district
may construct or acquire electric power generating, transmission,
and distribution facilities and improvements in aid of these
facilities.
Sec. 11002.109. AIRPORT. The district may construct,
acquire, improve, maintain, and operate an airport and improvements
in aid of the airport.
Sec. 11002.110. EXERCISE OF POWERS OF DEVELOPMENT
CORPORATION. The district may exercise the powers of a corporation
created under the Development Corporation Act (Subtitle C1, Title
12, Local Government Code).
Sec. 11002.111. 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, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(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, 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
11002.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds 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 11002.003.
(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.
Sec. 11002.112. GROUNDWATER REGULATION. Section 36.121,
Water Code, does not apply to a groundwater well owned or used by
the district within the boundaries of the Brewster County
Groundwater Conservation District. The rules of the Brewster
County Groundwater Conservation District govern a groundwater well
owned or used by the district within the Brewster County
Groundwater Conservation District.
Sec. 11002.113. RETAIL ELECTRIC UTILITY SERVICES
PROHIBITED. The district may not provide retail electric utility
services, including transmission and distribution services, to
residential, retail, commercial, industrial, or other customers
inside or outside the district.
[Sections 11002.114-11002.150 reserved for expansion]
SUBCHAPTER D. TRANSFER OF PUBLIC IMPROVEMENTS
Sec. 11002.151. DEFINITION. In this subchapter, "receiving
entity" means the entity that holds a certificate of convenience
and necessity issued by the Public Utility Commission of Texas for
the territory included in the district.
Sec. 11002.152. TRANSFER OF CERTAIN IMPROVEMENTS REQUIRED.
Subject to Section 11002.155, the district shall transfer
improvements described by Section 11002.108 in accordance with this
section on the later of:
(1) the date that the district acquires or completes
the improvement; or
(2) the date the receiving entity approves the
transfer.
Sec. 11002.153. CONSTRUCTION STANDARDS. A public
improvement transferred under this subchapter must be constructed
in compliance with:
(1) the requirements and specifications established
by the receiving entity on or before the date that construction of
the improvement begins; and
(2) any tariffs for the electric utility or
cooperative that is the receiving entity.
Sec. 11002.154. PARTIAL TRANSFER IN STAGES. The district
may transfer part of an improvement under this subchapter if the
district completes construction of the improvement in stages.
Sec. 11002.155. TRANSFER WITHOUT DEBT REQUIRED. The
district shall convey all improvements that it is required to
transfer under this subchapter without debt or other encumbrance.
Sec. 11002.156. OWNERSHIP AND RESPONSIBILITY AFTER
TRANSFER. (a) After a transfer under this subchapter, the
receiving entity owns the improvement and has sole jurisdiction and
control over the improvement. On acceptance of the transfer, the
receiving entity is responsible for all maintenance of the
improvement, and the district is not responsible for the
improvement or its maintenance.
(b) This section does not affect any authority of the
receiving entity to alter, relocate, close, or discontinue
maintenance of an improvement.
Sec. 11002.157. EFFECT OF CONVEYANCE ON DISTRICT DEBT.
Conveyance of a public improvement to a receiving entity under this
subchapter does not affect:
(1) the sole responsibility of the district to pay in
full the principal of and interest and any premium on any
outstanding district bonds or other debt; or
(2) the district's responsibility to perform the
obligations provided by an order or resolution authorizing bonds or
other debt.
[Sections 11002.158-11002.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 11002.201. 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 11002.203.
(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. 11002.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 11002.201, 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. 11002.203. 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.
Sec. 11002.204. SALES AND USE TAX. (a) The district may
impose a sales and use tax if authorized by a majority of the voters
of the district voting at an election called for that purpose.
Revenue from the tax may be used for any purpose for which ad
valorem tax revenue of the district may be used.
(b) The district may not adopt a sales and use tax if as a
result of the adoption of the tax the combined rate of all sales and
use taxes imposed by the district and other political subdivisions
of this state having territory in the district would exceed two
percent at any location in the district.
(c) If the voters of the district approve the adoption of a
sales and use tax at an election held on the same election date on
which another political subdivision adopts a sales and use tax or
approves an increase in the rate of its sales and use tax and as a
result the combined rate of all sales and use taxes imposed by the
district and other political subdivisions of this state having
territory in the district would exceed two percent at any location
in the district, the election to adopt a sales and use tax under
this chapter has no effect.
(d) Chapter 321, Tax Code, applies to the imposition,
computation, administration, enforcement, and collection of the
sales and use tax imposed by this section except to the extent it is
inconsistent with this chapter.
(e) The district may not impose a sales and use tax at a rate
that would cause the rate of the total sales and use taxes collected
by all municipalities and other political subdivisions at a
location in the district to exceed the maximum rate allowed by law.
If a political subdivision's increase to a sales and use tax rate
causes the total sales and use tax rate imposed at a location in the
district to exceed the maximum rate allowed by law, the district's
sales and use tax rate is automatically reduced to bring the total
rate imposed at that location down to a rate allowed by law.
Sec. 11002.205. ASSESSMENTS; MUNICIPAL MANAGEMENT DISTRICT
POWERS. Except as provided by Section 11002.206, the district may
levy and collect special assessments in the same manner and for the
same purposes as a municipal management district as provided in
Subchapter F, Chapter 375, Local Government Code.
Sec. 11002.206. ELECTRIC 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 an electric
cooperative as defined by Section 161.002, Utilities Code.
[Sections 11002.207-11002.250 reserved for expansion]
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
Sec. 11002.251. 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, sales and use taxes, other
district money, or any combination of those sources to pay for any
authorized district purpose.
Sec. 11002.252. TAXES FOR BONDS. (a) At the time the
district issues bonds payable wholly or partly from ad valorem
taxes, the board shall provide for the annual imposition of an ad
valorem tax, without limit as to rate or amount, as required by
Section 54.601, Water Code.
(b) The board shall annually impose the tax while all or
part of the bonds are outstanding. Sections 54.601 and 54.602,
Water Code, govern the amount and rate of the tax.
Sec. 11002.253. 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 Lajitas Utility District No. 1 of Brewster
County initially includes all the territory contained in the
following area:
FIELD NOTE DESCRIPTION
BEING A 2,763 ACRE TRACT OF LAND LOCATED IN PART OF THE M.K. &
T.E. RY. CO. SURVEY, BLOCK G-5, PART OF THE G.C. & S. F. RY. CO.
SURVEY, BLOCK G-12, AND PART OF THE T.C. RY. CO. SURVEY, BLOCK 341,
IN BREWSTER COUNTY, TEXAS AS CONVEYED BY SPECIAL WARRANTY DEED TO
LAJITAS CAPITAL PARTNERS, LLC RECORDED IN VOLUME 224, PAGE 458 AND
VOLUME 224, PAGE 502, DEED RECORDS, BREWSTER COUNTY, TEXAS AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON BAR IN A ROCK MOUND FOUND TO MARK THE
COMMON CORNER OF SECTIONS 99 AND 98, BLOCK 341, PART OF A 3,248.2
ACRE TRACT OF LAND CONVEYED BY GENERAL WARRANTY DEED TO TEXAS PARKS
AND WILDLIFE DEPARTMENT AS RECORDED IN VOLUME 6, PAGE 432, DEED
RECORDS, BREWSTER COUNTY, TEXAS, SECTION 94, BLOCK 341, T.C. RY.
CO. SURVEY, BREWSTER COUNTY, TEXAS, AND SECTION 95, BLOCK 341, T.C.
RY. CO. SURVEY, A 640 ACRE TRACT OF LAND CONVEYED BY SPECIAL
WARRANTY DEED TO LAJITAS CAPITAL PARTNERS, LLC, RECORDED IN VOLUME
224, PAGE 458, DEED RECORDS, BREWSTER COUNTY, TEXAS;
THENCE N01°07'48"E ALONG THE EAST LINE OF SAID SECTION 98, BLOCK 341
AND THE WEST LINE OF SAID SECTION 95, BLOCK 341, A DISTANCE OF
5,277.78 FEET TO A POINT FOR CORNER BEING THE NORTHEAST CORNER OF
SAID SECTION 98, BLOCK 341, BEING THE NORTHWEST CORNER OF SAID
SECTION 95, BLOCK 341, BEING THE SOUTHWEST CORNER OF SECTION 96,
BLOCK 341, A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL
PARTNERS, LLC BY SPECIAL WARRANTY DEED RECORDED IN VOLUME 224, PAGE
458, DEED RECORDS, BREWSTER COUNTY, TEXAS, AND BEING THE SOUTHEAST
CORNER OF SECTION 97, BLOCK 341, PART OF A 3,248.2 ACRE TRACT OF
LAND CONVEYED BY GENERAL WARRANTY DEED TO TEXAS PARKS AND WILDLIFE
DEPARTMENT RECORDED IN VOLUME 6, PAGE 432, DEED RECORDS, BREWSTER
COUNTY, TEXAS;
THENCE N01°07'48"E ALONG THE EAST LINE OF SAID SECTION 97, BLOCK 341
AND THE WEST LINE OF SAID SECTION 96, BLOCK 341 A DISTANCE OF
5,277.78 FEET TO A POINT FOR CORNER BEING THE NORTHEAST CORNER OF
SAID SECTION 97, BLOCK 341, BEING THE NORTHWEST CORNER OF SAID
SECTION 96, BLOCK 341, BEING THE SOUTHEAST CORNER OF SECTION 55,
BLOCK G-12, G.C. & S.F. RY. CO. SURVEY, BREWSTER COUNTY, TEXAS, A
640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC BY
SPECIAL WARRANTY DEED RECORDED IN VOLUME 224, PAGE 458, DEED
RECORDS, BREWSTER COUNTY, TEXAS, AND BEING THE SOUTHWEST CORNER OF
SECTION 56, BLOCK G-12, A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS
CAPITAL PARTNERS, LLC BY SPECIAL WARRANTY DEED RECORDED IN VOLUME
224, PAGE 458, DEED RECORDS, BREWSTER COUNTY, TEXAS;
THENCE N88°52'12"W ALONG THE SOUTH LINE OF SAID SECTION 55, BLOCK
G-12 AND THE NORTH LINE OF SAID SECTION 97, BLOCK 341 A DISTANCE OF
5,277.78 FEET TO A POINT FOR CORNER BEING THE SOUTHWEST CORNER OF
SAID SECTION 55, BLOCK G-12, BEING THE NORTHWEST CORNER OF SAID
SECTION 97, BLOCK 341, BEING THE NORTHEAST CORNER OF SECTION 102,
BLOCK 341, PART OF A 3,248.2 ACRE TRACT OF LAND CONVEYED BY GENERAL
WARRANTY DEED TO TEXAS PARKS AND WILDLIFE DEPARTMENT RECORDED IN
VOLUME 6, PAGE 432, DEED RECORDS, BREWSTER COUNTY, TEXAS, AND BEING
THE SOUTHEAST CORNER OF SECTION 54, BLOCK G-12, G.C. & S.F. RY. CO.
SURVEY, PART OF A 3,248.2 ACRE TRACT OF LAND CONVEYED BY GENERAL
WARRANTY DEED TO TEXAS PARKS AND WILDLIFE DEPARTMENT RECORDED IN
VOLUME 6, PAGE 432, DEED RECORDS, BREWSTER COUNTY, TEXAS;
THENCE N01°07'48"E ALONG THE EAST LINE OF SAID SECTION 54, BLOCK
G-12 AND THE WEST LINE OF SAID SECTION 55, BLOCK G-12, A DISTANCE OF
5,277.78 FEET TO A POINT FOR CORNER BEING THE NORTHWEST CORNER OF
SAID SECTION 55, BLOCK G-12, BEING THE NORTHEAST CORNER OF SAID
SECTION 54, BLOCK G-12, BEING THE SOUTHEAST CORNER OF SECTION 49,
BLOCK G-12, PART OF A 3,248.2 ACRE TRACT OF LAND CONVEYED BY GENERAL
WARRANTY DEED TO TEXAS PARKS AND WILDLIFE DEPARTMENT RECORDED IN
VOLUME 6, PAGE 432, DEED RECORDS, BREWSTER COUNTY, TEXAS, AND BEING
THE SOUTHWEST CORNER OF SECTION 48, BLOCK G-12, A 640 ACRE TRACT OF
LAND CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC BY SPECIAL WARRANTY
DEED RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER
COUNTY, TEXAS;
THENCE N01°07'48"E ALONG THE EAST LINE OF SAID SECTION 49, BLOCK
G-12 AND THE WEST LINE OF SAID SECTION 48, BLOCK G-12, A DISTANCE OF
5,277.78 FEET TO A POINT FOR CORNER BEING THE NORTHWEST CORNER OF
SAID SECTION 48, BLOCK G-12, BEING THE NORTHEAST CORNER OF SAID
SECTION 49, BLOCK G-12, BEING THE SOUTHWEST CORNER OF SECTION 47,
BLOCK G-12, A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL
PARTNERS, LLC BY SPECIAL WARRANTY DEED RECORDED IN VOLUME 224, PAGE
458, DEED RECORDS, BREWSTER COUNTY, TEXAS, AND BEING THE SOUTHEAST
CORNER OF A TRACT OF LAND IN SECTION 50, BLOCK G-12 CONVEYED TO JANE
STAVINOHA AND SUZANNE STAVINOHA RECORDED IN VOLUME 243, PAGES
188,192,192,194,196, AND 198, DEED RECORDS, BREWSTER COUNTY,
TEXAS;
THENCE N01°07'48"E ALONG THE EAST LINE OF SAID STAVINOHA TRACT,
SECTION 50 BLOCK G-12 AND THE WEST LINE OF SAID SECTION 47, BLOCK
G-12, A DISTANCE OF 5,277.78 FEET TO A POINT FOR CORNER BEING THE
NORTHEAST CORNER OF SAID STAVINOAH TRACT, SECTION 50, BLOCK G-12,
BEING THE NORTHWEST CORNER OF SAID SECTION 47, BLOCK G-12, BEING THE
SOUTHEAST CORNER OF SECTION 104, BLOCK G-5, M.K. & T.E. RY. CO.
SURVEY, BREWSTER COUNTY, TEXAS, A 640 ACRE TRACT OF LAND CONVEYED TO
THOMAS R. VESTER RECORDED IN VOLUME 192, PAGE 263, DEED RECORDS,
BREWSTER COUNTY, TEXAS, AND BEING THE SOUTHWEST CORNER OF SECTION
103, BLOCK G-5, A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL
PARTNERS, LLC RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS,
BREWSTER COUNTY, TEXAS;
THENCE N01°07'48"E ALONG THE EAST LINE OF SAID VESTER TRACT, SECTION
104, BLOCK G-5 AND THE WEST LINE OF SAID SECTION 103, BLOCK G-5, A
DISTANCE OF 5,277.78 FEET TO A POINT FOR CORNER BEING THE NORTHEAST
CORNER OF SAID VESTER TRACT, SECTION 104, BLOCK G-5, BEING THE
NORTHWEST CORNER OF SAID SECTION 103, BLOCK G-5, BEING THE
SOUTHEAST CORNER OF SECTION 105, BLOCK G-5, A 640 ACRE TRACT OF LAND
CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC RECORDED IN VOLUME 224,
PAGE 458, DEED RECORDS, BREWSTER COUNTY, TEXAS, AND BEING THE
SOUTHWEST CORNER OF A TRACT OF LAND IN SECTION 102, BLOCK G-5
CONVEYED TO MARK FUSCA RECORDED IN VOLUME 198, PAGE 470, DEED
RECORDS, BREWSTER COUNTY, TEXAS;
THENCE S88°52'12"E ALONG THE NORTH LINE OF SAID SECTION 103, BLOCK
G-5 AND THE SOUTH LINE OF SAID FUSCA TRACT, SECTION 102, BLOCK G-5 A
DISTANCE OF 659.72 FEET TO A POINT FOR CORNER;
THENCE S01°07'48"W PASSING AT 5,277.78 FEET, THE SOUTH LINE OF SAID
SECTION 103, BLOCK G-5 BEING THE NORTH LINE OF SAID SECTION 47,
BLOCK G-12, PASSING AT 10,555.56 FEET THE SOUTH LINE OF SAID SECTION
47, BLOCK G-12 BEING THE NORTH LINE OF SAID SECTION 48, BLOCK G-12,
PASSING AT 15,833.33 FEET THE SOUTH LINE OF SAID SECTION 48, BLOCK
G-12 BEING THE NORTH LINE OF SAID SECTION 55, BLOCK G-12, AND
CONTINUING A TOTAL DISTANCE OF 20,451.45 FEET TO A POINT FOR CORNER;
THENCE S88°52'12"E PASSING AT 4,618.06 FEET THE EAST LINE OF SAID
SECTION 55, BLOCK G-12 BEING THE WEST LINE OF SAID SECTION 56, BLOCK
G-12, AND CONTINUING A TOTAL DISTANCE OF 5,277.78 FEET TO A POINT
FOR CORNER;
THENCE S01°07'48"W PASSING AT 659.72 FEET, THE SOUTH LINE OF SAID
SECTION 56, BLOCK G-12 BEING THE NORTH LINE OF SAID SECTION 96,
BLOCK 341, PASSING AT 5,937.45 FEET THE SOUTH LINE OF SAID SECTION
96, BLOCK 341 BEING THE NORTH LINE OF SAID SECTION 95, BLOCK 341 AND
CONTINUING A TOTAL DISTANCE OF 9,895.84 FEET TO A POINT FOR CORNER;
THENCE S88°52'12"E PASSING AT 4,618.06 FEET, THE EAST LINE OF SAID
SECTION 95, BLOCK 341 BEING THE WEST LINE OF SECTION 86, BLOCK 341,
A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC
RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER COUNTY,
TEXAS, AND CONTINUING A TOTAL DISTANCE OF 8,576.40 FEET TO A POINT
FOR CORNER;
THENCE N01°07'48"E PASSING AT 3,958.33 FEET, THE NORTH LINE OF SAID
SECTION 86, BLOCK 341 BEING THE SOUTH LINE OF SECTION 85, BLOCK 341,
A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC
RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER COUNTY,
TEXAS, AND CONTINUING A TOTAL DISTANCE OF 9,236.12 FEET TO A POINT
FOR CORNER IN THE NORTH LINE OF SAID SECTION 85, BLOCK 341 BEING THE
SOUTH LINE OF SECTION 57, BLOCK G-12, G.C. & S.F. RY. CO. SURVEY,
BREWSTER COUNTY, TEXAS;
THENCE S88°52'12"E ALONG THE NORTH LINE SAID SECTION 85, BLOCK 341
BEING THE SOUTH LINE OF SAID SECTION 57, BLOCK G-12, A DISTANCE OF
1,319.44 FEET TO A POINT FOR CORNER BEING THE NORTHEAST CORNER OF
SAID SECTION 85, BLOCK 341, THE SOUTHEAST CORNER OF SAID SECTION 57,
BLOCK G-12, THE SOUTHWEST CORNER OF SECTION 58, BLOCK G-12, G.C. &
S.F. RY. CO. SURVEY BREWSTER COUNTY, TEXAS, AND THE NORTHWEST
CORNER OF SECTION 84, BLOCK 341, T..C. RY. CO. SURVEY, BREWSTER
COUNTY, TEXAS;
THENCE S01°07'48"W ALONG THE EAST LINE OF SAID SECTION 85, BLOCK 341
BEING THE WEST LINE OF SAID SECTION 84, BLOCK 341, A DISTANCE OF
5,277.78 FEET TO A POINT FOR CORNER AT THE SOUTHEAST CORNER OF SAID
SECTION 85, BLOCK 341 BEING THE SOUTHWEST CORNER OF SAID SECTION 84,
BLOCK 341, BEING THE NORTHEAST CORNER OF SAID SECTION 86, BLOCK 341,
AND BEING THE NORTHWEST CORNER OF SECTION 83, BLOCK 341, A 640 ACRE
TRACT OF LAND CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC AS RECORDED
IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER COUNTY, TEXAS;
THENCE S88°52'12"E ALONG THE NORTH LINE OF SAID SECTION 83, BLOCK
341 BEING THE SOUTH LINE OF SAID SECTION 84, BLOCK 341, A DISTANCE
OF 1,319.44 FEET TO A POINT FOR CORNER IN THE NORTH LINE OF SAID
SECTION 83, BLOCK 341;
THENCE S01°07'48"W A DISTANCE OF 5,277.78 FEET TO A POINT FOR CORNER
IN THE SOUTH LINE OF SAID SECTION 83, BLOCK 341 BEING IN THE NORTH
LINE OF A 612 ACRE MORE OR LESS TRACT OF LAND IN SECTION 82, BLOCK
341, T.C. RY. CO. SURVEY CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC
AS RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER COUNTY,
TEXAS;
THENCE S88°52'12"E, PASSING AT 3,958.34 FEET, THE SOUTHEAST CORNER
OF SAID SECTION 83, BLOCK 341, BEING THE NORTHEAST CORNER OF SAID
SECTION 82, BLOCK 341, BEING THE SOUTHWEST CORNER OF SECTION 74,
BLOCK 341, A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL
PARTNERS, LLC RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS,
BREWSTER COUNTY, TEXAS, AND BEING THE NORTHWEST CORNER OF SECTION
75, BLOCK 341, A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL
PARTNERS, LLC RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS,
BREWSTER COUNTY, TEXAS, PASSING AT 9,236.11, THE SOUTHEAST CORNER
OF SAID SECTION 74, BLOCK 341, BEING THE NORTHEAST CORNER OF SAID
SECTION 75, BLOCK 341, BEING THE SOUTHWEST CORNER OF SECTION 64,
BLOCK 341, A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL
PARTNERS RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER
COUNTY, TEXAS, AND BEING THE NORTHWEST CORNER OF SECTION 63, BLOCK
341, A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL PARTNERS,
LLC RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER
COUNTY, TEXAS, AND CONTINUING A TOTAL DISTANCE OF 13,194.46 FEET TO
A POINT FOR CORNER;
THENCE N01°07'48"E, A DISTANCE OF 5,277.78 FEET TO A POINT FOR
CORNER IN THE NORTH LINE OF SAID SECTION 64, BLOCK 341;
THENCE S88°52'12"E, ALONG THE NORTH LINE OF SAID SECTION 64, BLOCK
341 BEING THE SOUTH LINE OF SECTION 72, BLOCK 341, T.C. RY. CO.
SURVEY, BREWSTER COUNTY, TEXAS, A DISTANCE OF 1,319.44 FEET TO A
POINT FOR CORNER BEING THE NORTHEAST CORNER OF SAID SECTION 64,
BLOCK 341, THE SOUTHEAST CORNER OF SAID SECTION 72, BLOCK 341, THE
SOUTHWEST CORNER OF SECTION 71, BLOCK 341, A 640 ACRE TRACT OF LAND
CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC RECORDED IN VOLUME 224,
PAGE 502, DEED RECORDS, BREWSTER COUNTY, TEXAS, AND BEING THE
NORTHWEST CORNER OF A TRACT OF LAND IN SECTION 65, BLOCK 341
CONVEYED TO RAYMOND WAYNE PAULY RECORDED IN VOLUME 96, PAGE 308,
DEED RECORDS, BREWSTER COUNTY, TEXAS;
THENCE S01°07'48"W, ALONG THE EAST LINE OF SAID SECTION 64, BLOCK
341, PASSING AT A DISTANCE OF 5,277.78 FEET THE SOUTH LINE OF SAID
SECTION 64, BLOCK 341, BEING THE NORTH LINE OF SAID SECTION 63,
BLOCK 341,AND CONTINUING A TOTAL DISTANCE OF 6,277.78 FEET TO A
POINT FOR CORNER;
THENCE N88°52'12"W PASSING AT 5,277.78 FEET, THE WEST LINE OF SAID
SECTION 63, BLOCK 341, BEING THE EAST LINE OF SAID SECTION 75, BLOCK
341, PASSING AT 10,555.56 FEET THE WEST LINE OF SAID SECTION 75,
BLOCK 341, BEING THE EAST LINE OF SAID SECTION 82, BLOCK 341, AND
CONTINUING A TOTAL DISTANCE OF 14,513.90 FEET TO A POINT FOR CORNER;
THENCE S01°07'48"W PASSING AT 4,277.78 FEET, THE SOUTH LINE OF SAID
SECTION 82, BLOCK 341, BEING THE NORTH LINE OF SECTION 81, BLOCK
341, A 640 ACRE TRACT OF LAND LOCATED IN THE T.C. RY. CO. SURVEY,
BREWSTER COUNTY CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC RECORDED
IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER COUNTY, TEXAS, AND
CONTINUING A TOTAL DISTANCE OF 9,555.53 FEET TO A POINT FOR CORNER
IN THE SOUTH LINE OF SAID SECTION 81, BLOCK 341;
THENCE N88°52'12"W ALONG THE SOUTH LINE OF SAID SECTION 81, BLOCK
341, A DISTANCE OF 1,319.44 FEET TO A POINT FOR CORNER BEING THE
SOUTHWEST CORNER OF SAID SECTION 81, BLOCK 341, AND BEING THE
SOUTHEAST CORNER OF PART OF A 440 ACRE TRACT OF LAND IN SECTION 88,
BLOCK 341 IN THE T.C. RY.CO. SURVEY, BREWSTER COUNTY CONVEYED TO
LAJITAS CAPITAL PARTNERS, LLC RECORDED IN VOLUME 224, PAGE 502,
DEED RECORDS, BREWSTER COUNTY, TEXAS;
THENCE N01°07'48"E ALONG THE EAST LINE OF SAID SECTION 88, BLOCK 341
BEING THE WEST LINE OF SAID SECTION 81, BLOCK 341 PASSING AT
5,277.78 FEET THE NORTH LINE OF SAID SECTIONS 81 AND 88 BLOCK 341,
BEING THE SOUTH LINE OF SAID SECTION 82, BLOCK 341, AND SECTION 87,
BLOCK 341, A 640 ACRE TRACT OF LAND LOCATED IN THE T.C. RY. CO.
SURVEY, BREWSTER COUNTY CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC
RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER COUNTY,
TEXAS, AND CONTINUING A TOTAL DISTANCE OF 10,555.56 FEET TO A POINT
FOR CORNER BEING THE NORTHWEST CORNER OF SAID SECTION 82, BLOCK 341,
BEING THE NORTHEAST CORNER OF SAID SECTION 87, BLOCK 341, BEING THE
SOUTHWEST CORNER OF SAID SECTION 83, BLOCK, AND BEING THE SOUTHEAST
CORNER OF SAID SECTION 86, BLOCK 341;
THENCE N88°52'12"W ALONG THE NORTH LINE OF SAID SECTION 87, BLOCK
341 BEING THE SOUTH LINE OF SAID SECTION 86, BLOCK 341, A DISTANCE
OF 4,618.06 FEET TO A POINT FOR CORNER;
THENCE S01°07'48"W PASSING AT 5,277.78 FEET, THE SOUTH LINE OF SAID
SECTION 87, BLOCK 341 BEING THE NORTH LINE OF SAID SECTION 88, BLOCK
341 CONTINUING A TOTAL DISTANCE OF 5,607.64 FEET TO A POINT FOR
CORNER IN SAID 440 ACRE TRACT OF LAND IN SAID SECTION 88, BLOCK 341;
THENCE N88°52'12"W, A DISTANCE OF 659.72 FEET TO A POINT FOR CORNER
IN THE WEST LINE OF SAID SECTION 88, BLOCK 341, BEING IN THE EAST
LINE OF SECTION 93, BLOCK 341, T.C RY. CO. SURVEY BREWSTER COUNTY,
TEXAS, A 618.88 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL
PARTNERS, LLC RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS,
BREWSTER COUNTY, TEXAS;
THENCE S01°07'48"W, ALONG THE EAST LINE OF SAID SECTION 93, BLOCK
341, BEING THE WEST LINE OF SAID SECTION 88, BLOCK 341, A DISTANCE
OF 1,051.38 FEET TO A POINT FOR CORNER;
THENCE N89°27'31"W PASSING AT 5,272.25 FEET, THE WEST LINE OF SAID
SECTION 93, BLOCK 341 BEING THE EAST LINE OF SECTION 92, BLOCK 341
T.C. RY. CO. SURVEY, BREWSTER COUNTY, A 419.6 ACRE TRACT OF LAND
CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC RECORDED IN VOLUME 224,
PAGE 458, DEED RECORDS, BREWSTER COUNTY, TEXAS AND CONTINUING A
TOTAL DISTANCE OF 9,614.91 FEET TO A UNITED STATES DEPARTMENT OF THE
INTERIOR MONUMENT MARKING THE NORTHEAST CORNER OF SECTION 39, BLOCK
341, T.C. RY. CO. SURVEY, BREWSTER COUNTY, TEXAS;
THENCE N89°27'27"W ALONG THE NORTH LINE OF SAID SECTION 39, A
DISTANCE OF 2,634.23 FEET TO A POINT FOR CORNER BEING THE NORTHWEST
CORNER OF SECTION 39, BLOCK 341 AND BEING IN THE EAST LINE OF
SECTION 37, BLOCK 341, PART OF A 201.84 ACRE TRACT OF LAND IN
SECTIONS 36, 37, AND 100 CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC
RECORDED IN VOLUME 224, PAGE 502, DEED RECORDS, BREWSTER COUNTY,
TEXAS;
THENCE N71°35'00"W, DEPARTING THE EAST LINE OF SAID SECTION 37,
BLOCK 341 AND CONTINUING ACROSS SAID SECTION 37, BLOCK 341, A
DISTANCE OF 2,618.38 FEET TO A POINT FOR CORNER;
THENCE N27°10'25"W PASSING AT APPROXIMATELY 263 FEET, THE EAST LINE
OF SAID SECTION 36, BLOCK 341 AND CONTINUING A TOTAL DISTANCE OF
2,314.62 FEET TO A POINT FOR CORNER BEING THE SOUTHWEST CORNER OF A
52.918 ACRE TRACT OF LAND IN SECTION 36, BLOCK 341 CONVEYED TO
LAJITAS CAPITAL PARTNERS, LLC RECORDED IN VOLUME 224, PAGE 458,
DEED RECORDS, BREWSTER COUNTY, TEXAS;
THENCE N26°12'29"W ALONG THE SOUTHWESTERLY LINE OF SAID 52.918 ACRE
TRACT, A DISTANCE OF 876.56 FEET TO A POINT FOR CORNER;
THENCE N01°07'48"E, PASSING AT APPROXIMATELY 1,273 FEET, THE NORTH
LINE OF SAID 52.918 ACRE LAND AND THE SOUTH LINE OF A CALLED 359.313
ACRE TRACT OF LAND IN SECTIONS 36, 37, AND 100, BLOCK 341 AS
DESCRIBED IN DEED CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC
RECORDED IN VOLUME 224, PAGE 502, DEED RECORDS, BREWSTER COUNTY,
TEXAS, AND CONTINUING A TOTAL DISTANCE OF 5,035.59 FEET TO A POINT
FOR CORNER;
THENCE S88°52'12"E, A DISTANCE OF 1,375.22 FEET TO A POINT FOR
CORNER IN THE EAST LINE OF SAID SECTION 36, BLOCK 341 BEING IN THE
WEST LINE OF SAID SECTION 100, BLOCK 341;
THENCE S01°07'48"W, A DISTANCE OF 3,759.90 FEET TO A POINT FOR
CORNER IN THE WEST LINE OF SAID SECTION 37, BLOCK 341;
THENCE N88°52'12"W, A DISTANCE OF 779.27 FEET TO A POINT FOR CORNER,
SAID CORNER BEING THE NORTHEAST CORNER OF SAID 52.918 ACRE TRACT OF
LAND;
THENCE S01°07'48"W ALONG THE EAST LINE OF SAID 52.918 ACRE TRACT OF
LAND , A DISTANCE OF 1,172.25 FEET TO A POINT FOR CORNER;
THENCE S19°23'42"W CONTINUING ALONG THE EAST LINE OF SAID 52.918
ACRE TRACT, A DISTANCE OF 222.85 FEET TO A POINT FOR CORNER;
THENCE S11°23'22"W CONTINUING ALONG THE EASTERLY LINE OF SAID 52.918
ACRE TRACT, A DISTANCE OF 523.85 FEET TO A POINT FOR CORNER IN THE
EAST LINE OF SAID 52.918 ACRE TRACT;
THENCE S27°10'25"E, DEPARTING THE EASTERLY LINE OF SAID 52.918 ACRE
TRACT OF LAND , ACROSS SAID SECTION 36, BLOCK 341, A DISTANCE OF
2,394.95 FEET TO A POINT FOR CORNER;
THENCE S71°35'00"E ACROSS SAID SECTION 37, BLOCK 341, A DISTANCE OF
2,561.61 FEET TO A POINT FOR CORNER;
THENCE S89°27'27"E, A DISTANCE OF 2,619.75 FEET TO A POINT FOR
CORNER;
THENCE N01°07'48"E A DISTANCE OF 2,303.36 FEET TO A POINT IN THE
NORTH LINE OF SAID SECTION 92, BLOCK 341 BEING THE SOUTH LINE OF
SECTION MC-1, PART OF A 84.62 ACRE TRACT OF LAND CONVEYED TO LAJITAS
CAPITAL PARTNERS, LLC RECORDED IN VOLUME 224, PAGE 458, DEED
RECORDS, BREWSTER COUNTY, TEXAS;
THENCE S88°52'12"E ALONG THE NORTH LINE OF SAID SECTION 92, BLOCK
341, BEING THE SOUTH LINE OF SECTION MC-1, BLOCK 341, A DISTANCE OF
4,336.93 FEET TO A POINT FOR CORNER BEING THE NORTHEAST CORNER OF
SAID SECTION 92, BLOCK 341 AND THE SOUTHEAST CORNER OF SAID SECTION
MC-1, BLOCK 341;
THENCE S01°07'48"W ALONG THE EAST LINE OF SAID SECTION 92, BLOCK
341, A DISTANCE OF 924.38 FEET TO A POINT FOR CORNER BEING THE
SOUTHWEST CORNER OF SAID SECTION 94, BLOCK 341 AND THE NORTHWEST
CORNER OF SAID SECTION 93, BLOCK 341;
THENCE S88°52'12"E, ALONG THE NORTH LINE OF SAID SECTION 93, BLOCK
341 BEING THE SOUTH LINE OF SAID SECTION 94, BLOCK 341, A DISTANCE
OF 5,277.78 FEET TO A POINT FOR CORNER BEING THE NORTHEAST CORNER OF
SAID SECTION 93, BLOCK 341, BEING THE SOUTHEAST CORNER OF SAID
SECTION 94, BLOCK 341, BEING THE NORTHWEST CORNER OF SAID SECTION
88, BLOCK 341, AND BEING THE SOUTHWEST CORNER OF SAID SECTION 87,
BLOCK 341;
THENCE N01°07'48"E ALONG THE EAST LINE OF SAID SECTION 94, BLOCK 341
BEING THE WEST LINE OF SAID SECTION 87, BLOCK 341, A DISTANCE OF
5,277.78 FEET TO A POINT FOR CORNER BEING THE NORTHEAST CORNER OF
SAID SECTION 94, BLOCK 341, BEING THE NORTHWEST CORNER OF SAID
SECTION 87, BLOCK 341, BEING THE SOUTHEAST CORNER OF SAID SECTION
95, BLOCK 341, AND BEING THE SOUTHWEST CORNER OF SAID SECTION 86,
BLOCK 341;
THENCE N88°52'12"W ALONG THE NORTH LINE OF SAID SECTION 94, BLOCK
341 BEING THE SOUTH LINE OF SAID SECTION 95, BLOCK 341, A DISTANCE
OF 5,277.78 FEET TO THE POINT OF BEGINNING AND CONTAINING 2,763
ACRES, MORE OR LESS.
THE BASIS OF BEARINGS IS THE NORTH AMERICAN DATUM (NAD) OF 1983
(1993), GRID BEARINGS, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH
CENTRAL ZONE 4204, CORS96, EPOCH 2002.00.
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) Section 11002.107, Special District Local
Laws Code, as added by this Act, takes effect only if this Act
receives a two-thirds vote of all the members elected to each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 11002, Special
District Local Laws Code, as added by this Act, is amended by adding
Section 11002.107 to read as follows:
Sec. 11002.107. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) 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. Except as otherwise provided by this Act:
(1) 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; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3804 was passed by the House on April
26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3804 on May 27, 2011, by the following vote: Yeas 140, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3804 was passed by the Senate, with
amendments, on May 25, 2011, by the following vote: Yeas 31, Nays
0
.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor