Bill Text: TX SB2207 | 2021-2022 | 87th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of the Grayson County Municipal Utility District No. 8; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-05-30 - Effective immediately [SB2207 Detail]

Download: Texas-2021-SB2207-Introduced.html

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87R10156 SGM-F
By: Springer S.B. No. 2207

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Grayson County Municipal Utility
District No. 8; 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 7912A to read as follows:
CHAPTER 7912A. GRAYSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 8
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7912A.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 Grayson County Municipal
Utility District No. 8.
Sec. 7912A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7912A.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. 7912A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7912A.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.
Sec. 7912A.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. 7912A.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. 7912A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7912A.0202, directors
serve staggered four-year terms.
Sec. 7912A.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 7912A.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 7912A.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 7912A.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. 7912A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7912A.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. 7912A.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. 7912A.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. 7912A.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. 7912A.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
7912A.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. 7912A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7912A.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. 7912A.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. 7912A.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. 7912A.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. 7912A.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 Grayson County Municipal Utility District
No. 8 initially includes all the territory contained in the
following area:
BEING A TRACT OF LAND LOCATED IN THE UEL D. FOX SURVEY,
ABSTRACT NO. 423 AND THE SAMUEL PRUITT SURVEY, ABSTRACT NO. 956,
GRAYSON COUNTY, TEXAS AND BEING ALL OF THOSE TRACTS OF LAND
DESCRIBED IN DEEDS TO WCH FAMILY PARTNERSHIP, LTD., RECORDED IN
VOLUME 5188, PAGE 153 AND VOLUME 5188, PAGE 159, DEED RECORDS,
GRAYSON COUNTY, TEXAS (D.R.G.C.T.) AND BEING ALL OF A TRACT OF LAND
DESCRIBED IN DEED TO GEORGE M. KERNS AND WIFE, DIANA SUE KERNS,
RECORDED IN VOLUME 1304, PAGE 793, D.R.G.C.T. AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2-INCH IRON ROD FOUND AT THE MOST WESTERLY
NORTHWEST CORNER OF SAID WCH FAMILY PARTNERSHIP TRACT AND THE
SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO RICK
WALKER, RECORDED IN VOLUME 3917, PAGE 626, D.R.G.C.T., FROM WHICH A
1/2-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF LOT 1 OF HUNTER'S
CROSSING, PHASE 1, AN ADDITION TO GRAYSON COUNTY, TEXAS ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 13, PAGE 44, PLAT RECORDS,
GRAYSON COUNTY, TEXAS (P.R.G.C.T.) BEARS NORTH 00°21'42" WEST, A
DISTANCE OF 38.44 FEET;
THENCE NORTH 89°08'11" EAST, A DISTANCE OF 595.08 FEET TO A
1/2-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF A TRACT OF LAND
DESCRIBED IN DEED TO PAUL D. YATES AND WIFE, TINA Y. YATES, RECORDED
IN VOLUME 2447, PAGE 187, D.R.G.C.T.;
THENCE NORTH 00°53'40" WEST, A DISTANCE OF 240.03 FEET TO A
CALCULATED POINT IN THE SOUTH LINE OF SAID WALKER TRACT AT THE
NORTHEAST CORNER OF SAID YATES TRACT, FROM WHICH A 1/2-INCH IRON ROD
FOUND BEARS NORTH 00°53'40" WEST, A DISTANCE OF 0.40 FEET;
THENCE NORTH 89°08'11" EAST, ALONG THE COMMON LINE OF SAID WCH
FAMILY PARTNERSHIP TRACT AND SAID WALKER TRACT, PASSING A 5/8-INCH
IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR REFERENCE AT
A DISTANCE OF 1,726.26 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF
1,776.26 FEET TO A CALCULATED POINT FOR CORNER IN THE WEST PRONG OF
WHITES CREEK;
THENCE SOUTH 00°51'29" EAST, CONTINUING ALONG SAID COMMON
LINE AND SAID CREEK, A DISTANCE OF 21.30 FEET TO A CALCULATED POINT
AT THE MOST WESTERLY NORTHWEST CORNER OF LOT 16 OF THE REPLAT OF LOT
14 & PART OF LOTS 13 AND 15, HACKBERRY HEIGHTS, AN ADDITION TO
GRAYSON COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 11, PAGE 23, P.R.G.C.T.;
THENCE SOUTH 02°01'10" WEST, LEAVING SAID COMMON LINE AND
CONTINUING ALONG SAID CREEK AND ALONG SAID WEST LINE, A DISTANCE OF
76.98 FEET TO A CALCULATED POINT FOR CORNER;
THENCE SOUTH 17°00'08" EAST, CONTINUING ALONG SAID CREEK AND
SAID WEST LINE, A DISTANCE OF 147.69 FEET TO A CALCULATED POINT FOR
CORNER;
THENCE NORTH 89°08'56" EAST, LEAVING SAID CREEK AND ALONG THE
SOUTH LINE OF SAID LOT 16, A DISTANCE OF 219.81 FEET TO A CALCULATED
POINT FOR CORNER IN THE APPROXIMATE CENTER OF A BRANCH OF SAID CREEK
AT THE NORTH CORNER OF LOT 13 OF HACKBERRY HEIGHTS PHASE TWO, AN
ADDITION TO GRAYSON COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 10, PAGE 92, P.R.G.C.T.;
THENCE SOUTH 23°54'50" WEST, ALONG SAID BRANCH AND THE WEST
LINE OF SAID HACKBERRY HEIGHTS PHASE TWO, A DISTANCE OF 108.98 FEET
TO A CALCULATED POINT FOR CORNER IN SAID WEST PRONG OF WHITES CREEK;
THENCE SOUTHERLY, ALONG SAID WEST PRONG, SAME BEING THE
COMMON LINE OF SAID WCH FAMILY PARTNERSHIP TRACT AND SAID HACKBERRY
HEIGHTS PHASE TWO, THE FOLLOWING FIFTEEN (15) COURSES AND
DISTANCES:
1. SOUTH 05 °37'51" WEST, A DISTANCE OF 162.05 FEET TO A
CALCULATED POINT FOR CORNER;
2. SOUTH 17°32'07" EAST, A DISTANCE OF 134.22 FEET TO A
CALCULATED POINT FOR CORNER;
3. SOUTH 10°29'21" WEST, A DISTANCE OF 65.27 FEET TO A
CALCULATED POINT FOR CORNER;
4. SOUTH 42°00'02" EAST, A DISTANCE OF 60.19 FEET TO A
CALCULATED POINT FOR CORNER;
5. NORTH 62°06'14" EAST, A DISTANCE OF 43.26 FEET TO A
CALCULATED POINT FOR CORNER;
6. NORTH 03°18'47" EAST, A DISTANCE OF 56.58 FEET TO A
CALCULATED POINT FOR CORNER;
7. NORTH 59°29'48" EAST, A DISTANCE OF 117.66 FEET TO A
CALCULATED POINT FOR CORNER;
8. SOUTH 01°37'31" WEST, A DISTANCE OF 481.14 FEET TO A
CALCULATED POINT FOR CORNER;
9. SOUTH 53°49'07" WEST, A DISTANCE OF 198.83 FEET TO A
CALCULATED POINT FOR CORNER;
10. NORTH 69°18'14" WEST, A DISTANCE OF 113.04 FEET TO A
CALCULATED POINT FOR CORNER;
11. NORTH 29°21'52" WEST, A DISTANCE OF 124.86 FEET TO A
CALCULATED POINT FOR CORNER;
12. SOUTH 36°44'06" WEST, A DISTANCE OF 88.97 FEET TO A
CALCULATED POINT FOR CORNER;
13. SOUTH 65°01'56" EAST, A DISTANCE OF 40.98 FEET TO A
CALCULATED POINT FOR CORNER;
14. SOUTH 27°31'46" EAST, A DISTANCE OF 196.90 FEET TO A
CALCULATED POINT FOR CORNER;
15. SOUTH 41°45'29" WEST, A DISTANCE OF 127.35 FEET TO A
CALCULATED POINT AT THE MOST SOUTHERLY NORTHWEST CORNER
OF LOT 16 OF SAID HACKBERRY HEIGHTS PHASE TWO AND THE
NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO
BRIGGS LIVING TRUST, RECORDED IN VOLUME 3204, PAGE 646,
D.R.G.C.T.;
THENCE SOUTHWESTERLY, ALONG THE APPROXIMATE CENTER OF SAID
WEST PRONG, SAME BEING THE COMMON LINE OF SAID WCH FAMILY
PARTNERSHIP TRACT AND SAID BRIGGS LIVING TRUST TRACT, THE FOLLOWING
THIRTY- THREE (33) COURSES AND DISTANCES:
1. SOUTH 71°32'08" WEST, A DISTANCE OF 78.07 FEET TO A
CALCULATED POINT FOR CORNER;
2. NORTH 84°23'14" WEST, A DISTANCE OF 91.09 FEET TO A
CALCULATED POINT FOR CORNER;
3. SOUTH 85°15'30" WEST, A DISTANCE OF 30.10 FEET TO A
CALCULATED POINT FOR CORNER;
4. SOUTH 62°11'39" WEST, A DISTANCE OF 41.25 FEET TO A
CALCULATED POINT FOR CORNER;
5. SOUTH 04°28'27" WEST, A DISTANCE OF 34.86 FEET TO A
CALCULATED POINT FOR CORNER;
6. SOUTH 09°39'18" EAST, A DISTANCE OF 37.43 FEET TO A
CALCULATED POINT FOR CORNER;
7. SOUTH 54°53'18" EAST, A DISTANCE OF 19.07 FEET TO A
CALCULATED POINT FOR CORNER;
8. NORTH 66°44'16" EAST, A DISTANCE OF 15.43 FEET TO A
CALCULATED POINT FOR CORNER;
9. SOUTH 68°06'44" EAST, A DISTANCE OF 30.52 FEET TO A
CALCULATED POINT FOR CORNER;
10. SOUTH 62°01'54" EAST, A DISTANCE OF 33.64 FEET TO A
CALCULATED POINT FOR CORNER;
11. SOUTH 34°19'34" EAST, A DISTANCE OF 53.12 FEET TO A
CALCULATED POINT FOR CORNER;
12. SOUTH 02°52'27" EAST, A DISTANCE OF 28.55 FEET TO A
CALCULATED POINT FOR CORNER;
13. SOUTH 42°01'01" WEST, A DISTANCE OF 38.44 FEET TO A
CALCULATED POINT FOR CORNER;
14. SOUTH 69°56'13" WEST, A DISTANCE OF 128.54 FEET TO A
CALCULATED POINT FOR CORNER;
15. SOUTH 83°04'08" WEST, A DISTANCE OF 53.04 FEET TO A
CALCULATED POINT FOR CORNER;
16. NORTH 41°44'15" WEST, A DISTANCE OF 122.78 FEET TO A
CALCULATED POINT FOR CORNER;
17. NORTH 81°21'43" WEST, A DISTANCE OF 13.51 FEET TO A
CALCULATED POINT FOR CORNER;
18. SOUTH 76°55'42" WEST, A DISTANCE OF 11.79 FEET TO A
CALCULATED POINT FOR CORNER;
19. SOUTH 65°12'40" WEST, A DISTANCE OF 29.57 FEET TO A
CALCULATED POINT FOR CORNER;
20. SOUTH 33°03'38" WEST, A DISTANCE OF 42.81 FEET TO A
CALCULATED POINT FOR CORNER;
21. SOUTH 10°00'47" WEST, A DISTANCE OF 11.45 FEET TO A
CALCULATED POINT FOR CORNER;
22. SOUTH 16°36'13" EAST, A DISTANCE OF 12.00 FEET TO A
CALCULATED POINT FOR CORNER;
23. SOUTH 43°21'35" EAST, A DISTANCE OF 19.22 FEET TO A
CALCULATED POINT FOR CORNER;
24. SOUTH 23°19'51" EAST, A DISTANCE OF 15.43 FEET TO A
CALCULATED POINT FOR CORNER;
25. SOUTH 04°42'58" WEST, A DISTANCE OF 17.64 FEET TO A
CALCULATED POINT FOR CORNER;
26. SOUTH 22°18'01" WEST, A DISTANCE OF 25.94 FEET TO A
CALCULATED POINT FOR CORNER;
27. SOUTH 54°52'25" WEST, A DISTANCE OF 35.73 FEET TO A
CALCULATED POINT FOR CORNER;
28. SOUTH 62°47'42" WEST, A DISTANCE OF 33.74 FEET TO A
CALCULATED POINT FOR CORNER;
29. SOUTH 14°24'32" WEST, A DISTANCE OF 24.78 FEET TO A
CALCULATED POINT FOR CORNER;
30. SOUTH 05°50'31" EAST, A DISTANCE OF 36.58 FEET TO A
CALCULATED POINT FOR CORNER;
31. SOUTH 06°48'15" EAST, A DISTANCE OF 61.82 FEET TO A
CALCULATED POINT FOR CORNER;
32. SOUTH 44°48'52" EAST, A DISTANCE OF 37.81 FEET TO A
CALCULATED POINT FOR CORNER;
33. SOUTH 25°16'42" EAST, A DISTANCE OF 16.01 FEET TO A
CALCULATED POINT FOR CORNER;
THENCE SOUTH 88°50'56" WEST, LEAVING SAID WEST PRONG AND
CONTINUING ALONG THE COMMON LINE OF SAID WCH FAMILY PARTNERSHIP
TRACT AND SAID BRIGGS LIVING TRUST TRACT, PASSING A 5/8-INCH IRON
ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR REFERENCE AT A
DISTANCE OF 50.00 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF
354.36 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS
5674" SET FOR CORNER NEAR A FENCE CORNER POST;
THENCE SOUTH 07°35'56" WEST, A DISTANCE OF 599.94 FEET TO A
DEAD BOIS D'ARC TREE FOUND FOR CORNER;
THENCE NORTH 80°08'23" WEST, PASSING AT A DISTANCE OF 748.66
FEET A 1/2-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF A TRACT OF
LAND DESCRIBED IN DEED TO GEORGE M. KERNS AND WIFE, DIANA SUE KERNS,
RECORDED IN VOLUME 1304, PAGE 793, D.R.G.C.T., PASSING AGAIN AT A
DISTANCE OF 1119.45 FEET A WOOD FENCE POST FOUND AT THE CALLED
NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO RICKFORD B.
STILL AND MARTHA A. STILL, RECORDED IN VOLUME 3435, PAGE 152,
D.R.G.C.T., AND CONTINUING FOR A TOTAL DISTANCE OF 1,120.62 FEET TO
A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE
MOST SOUTHERLY SOUTHWEST CORNER OF SAID KERNS TRACT;
THENCE SOUTH 00°26'09" WEST, PASSING A 1/2-INCH IRON ROD FOUND
AT A DISTANCE OF 2.64 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF
469.12 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS
5674" SET AT THE SOUTHEAST CORNER OF SAID WCH FAMILY PARTNERSHIP
TRACT, FROM WHICH A 1/2- INCH IRON ROD FOUND WITH A CAP STAMPED
"SARTIN 3694" BEARS NORTH 83°16'09" EAST, A DISTANCE OF 3.65 FEET;
THENCE SOUTH 88°27'06" WEST, A DISTANCE OF 118.91 FEET TO A
PK-NAIL FOUND IN MAJORS ROAD AT THE SOUTH COMMON CORNER OF SAID WCH
FAMILY PARTNERSHIP TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO
BILLY WAYNE TURNER, RECORDED IN INSTRUMENT NO. 2017-00006509,
D.R.G.C.T.;
THENCE NORTH 40°07'29" WEST, ALONG SAID MAJORS ROAD AND THE
COMMON LINE OF SAID WCH PARTNERSHIP TRACT AND SAID TURNER TRACT, A
DISTANCE OF 376.00 FEET TO A MAG NAIL SET FOR CORNER IN SAID MAJORS
ROAD;
THENCE NORTH 24°15'14" WEST, LEAVING THE COMMON LINE OF SAID
WCH FAMILY PARTNERSHIP TRACT AND SAID TURNER TRACT, A DISTANCE OF
215.66 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS
5674" SET FOR CORNER ON THE WESTERLY SIDE OF SAID MAJORS ROAD;
THENCE NORTH 00°03'20" WEST, CONTINUING ALONG SAID WEST SIDE
OF MAJORS ROAD, A DISTANCE OF 206.05 FEET TO A 1/2-INCH IRON ROD
FOUND AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID KERNS TRACT;
THENCE NORTH 01°09'57" EAST, CONTINUING ALONG SAID WEST SIDE
OF MAJORS ROAD AND PASSING AT A DISTANCE OF 50.95 FEET THE NORTHWEST
CORNER OF SAID KERNS TRACT, PASSING AGAIN AT A DISTANCE OF 170.27
FEET A 1/2-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF A TRACT
OF LAND DESCRIBED IN DEED TO LC. ACHIMON AND WIFE DONNITA ACHIMON,
RECORDED IN VOLUME 2697, PAGE 690, D.R.G.C.T. AND A TRACT OF LAND
DESCRIBED IN DEED TO DEANNA M. BUNCH, RECORDED IN VOLUME 4588, PAGE
799, D.R.G.C.T., AND CONTINUING ALONG THE COMMON LINE OF SAID WCH
FAMILY PARTNERSHIP TRACT AND SAID BUNCH TRACT FOR A TOTAL DISTANCE
OF 550.82 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED
"RPLS 5674" SET AT THE NORTHWEST CORNER OF SAID WCH FAMILY
PARTNERSHIP TRACT RECORDED IN VOLUME 5188, PAGE 153;
THENCE NORTH 89°43'01" EAST, LEAVING THE COMMON LINE OF SAID
WCH FAMILY PARTNERSHIP TRACT AND SAID BUNCH TRACT, A DISTANCE OF
22.30 FEET TO A MAG NAIL SET NEAR THE APPROXIMATE CENTERLINE OF SAID
MAJORS ROAD AT THE SOUTHWEST CORNER OF SAID WCH FAMILY PARTNERSHIP
TRACT RECORDED IN 5188, PAGE 159;
THENCE NORTH 00°12'54" EAST, ALONG SAID APPROXIMATE
CENTERLINE, A DISTANCE OF 1,312.29 FEET TO THE POINT OF BEGINNING
AND CONTAINING 5,517,945 SQUARE FEET OR 126.675 ACRES OF LAND, MORE
OR LESS.
SAVE AND EXCEPT:
BEING A TRACT OF LAND LOCATED IN THE SAMUEL PRUITT SURVEY,
ABSTRACT NO. 956, GRAYSON COUNTY, TEXAS AND BEING ALL OF A TRACT OF
LAND DESCRIBED IN DEED TO GEORGE M. KERNS AND WIFE, DIANA SUE KERNS,
RECORDED IN VOLUME 1304, PAGE 793, DEED RECORDS, GRAYSON COUNTY,
TEXAS (D.R.G.C.T.) AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A 1/2-INCH IRON ROD FOUND ON THE WEST SIDE OF
MAJORS ROAD AT THE NORTHWEST CORNER OF SAID KERNS TRACT AND THE MOST
WESTERLY SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO
WCH FAMILY PARTNERSHIP, LTD., RECORDED IN VOLUME 5188, PAGE 153,
D.R.G.C.T.;
THENCE SOUTH 81°42'03" EAST, ALONG THE COMMON LINE OF SAID
KERNS TRACT AND SAID WCH FAMILY PARTNERSHIP TRACT, A DISTANCE OF
864.10 FEET TO A CALCULATED POINT FOR CORNER;
THENCE SOUTH 09°51'07" WEST, CONTINUING ALONG SAID COMMON
LINE AND PASSING A 1/2-INCH IRON ROD FOUND AT A DISTANCE OF 210.52
FEET, AND CONTINUING FOR A TOTAL DISTANCE OF 210.88 FEET TO A
CALCULATED POINT AT THE SOUTH COMMON CORNER OF SAID KERNS TRACT AND
SAID WCH FAMILY PARTNERSHIP TRACT;
THENCE NORTH 80°08'23" WEST, LEAVING SAID COMMON LINE AND
ALONG THE SOUTH LINE OF SAID KERNS TRACT, PASSING AT A DISTANCE OF
370.79 FEET A WOOD FENCE POST FOUND AT THE CALLED NORTHWEST CORNER
OF A TRACT OF LAND DESCRIBED IN DEED TO RICKFORD B. STILL AND MARTHA
A. STILL, RECORDED IN VOLUME 3435, PAGE 152, D.R.G.C.T., AND
CONTINUING FOR A TOTAL DISTANCE OF 371.96 FEET TO A 5/8-INCH IRON
ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET IN THE EAST LINE OF A
SECOND TRACT DESCRIBED IN SAID DEED TO WCH FAMILY PARTNERSHIP TRACT
AT THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID KERNS TRACT;
THENCE NORTH 01°17'18" EAST, ALONG THE COMMON LINE OF SAID
KERNS TRACT AND SAID WCH FAMILY PARTNERSHIP TRACT, A DISTANCE OF
178.17 FEET TO A CALCULATED POINT FOR CORNER;
THENCE NORTH 85°02'11" WEST, CONTINUING ALONG SAID COMMON
LINE, A DISTANCE OF 459.27 FEET TO A 1/2-INCH IRON ROD FOUND ON THE
WEST SIDE OF MAJORS ROAD AT THE MOST WESTERLY SOUTHWEST CORNER OF
SAID KERNS TRACT;
THENCE NORTH 01°09'57" EAST, ALONG THE WEST LINE OF SAID KERNS
TRACT, A DISTANCE OF 50.95 FEET TO THE POINT OF BEGINNING AND
CONTAINING 96,752 SQUARE FEET OR 2.221 ACRES OF LAND, MORE OR LESS.
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
7912A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7912A.0306 to read as
follows:
Sec. 7912A.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, 2021.