H.B. No. 3549




AN ACT
relating to the creation of the Williamson County Municipal Utility District No. 21; providing authority to impose a tax and issue bonds. 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 8132 to read as follows:
CHAPTER 8132. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 21
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8132.001. DEFINITIONS. In this chapter: (1) "Board" means the board of directors of the district. (2) "Director" means a member of the board. (3) "District" means the Williamson County Municipal Utility District No. 21. Sec. 8132.002. NATURE OF DISTRICT. The district is a municipal utility district in Williamson County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. Sec. 8132.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8132.023 before September 1, 2009: (1) the district is dissolved September 1, 2009, except that: (A) any debts incurred shall be paid; (B) any assets that remain after the payment of debts shall be transferred to Williamson County; and (C) the organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and (2) this chapter expires September 1, 2012. Sec. 8132.004. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter. (b) The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect: (1) the organization, existence, or validity of the district; (2) the right of the district to impose taxes; (3) the validity of the district's bonds, notes, or indebtedness; or (4) the legality or operation of the district or the board. Sec. 8132.005. APPLICABILITY OF OTHER WATER DISTRICTS LAW. Except as otherwise provided by this chapter, Chapters 30, 49, and 54, Water Code, apply to the district.
[Sections 8132.006-8132.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8132.021. TEMPORARY DIRECTORS. (a) The temporary board consists of: (1) Tommy Cain; (2) David Crist; (3) Jeff Henley; (4) Stanton Meeks; and (5) Stephen Stilp. (b) A temporary director is not required to own land in or reside in the district. (c) If a temporary director fails to qualify for office, the temporary directors who have qualified shall appoint a person to fill the vacancy. If at any time there are fewer than three qualified temporary directors, the Texas Commission on Environmental Quality shall appoint the necessary number of persons to fill all vacancies on the board. (d) Temporary directors serve until the earlier of: (1) the date directors are elected under Section 8132.023; or (2) the date this chapter expires under Section 8132.003. Sec. 8132.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. As soon as practicable after all the temporary directors have qualified under Section 49.055, Water Code, a majority of the temporary directors shall convene the organizational meeting of the district at a location in the district agreeable to a majority of the directors. Sec. 8132.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) The temporary directors shall hold an election to confirm the creation of the district and to elect five directors as provided by Section 49.102, Water Code. If the creation of the district is not confirmed at the initial election, the temporary directors may hold a second election not sooner than the first anniversary of the initial election. (b) At the confirmation and initial directors' election the board may submit to the voters a proposition to authorize: (1) an issuance of bonds; (2) a maintenance tax; or (3) a tax to fund payments required under a contract. (c) Section 41.001(a), Election Code, does not apply to a confirmation and initial directors' election held under this section. Sec. 8132.024. INITIAL ELECTED DIRECTORS; TERMS. The directors elected under Section 8132.023 shall draw lots to determine which two shall serve terms expiring June 1 following the first regularly scheduled election of directors under Section 8132.052 and which three shall serve until June 1 following the second regularly scheduled election of directors. Sec. 8132.025. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2012.
[Sections 8132.026-8132.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8132.051. DIRECTORS; TERMS. (a) The district is governed by a board of five directors. (b) Directors serve staggered four-year terms that expire June 1 of even–numbered years. Sec. 8132.052. ELECTION OF DIRECTORS. On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected.
[Sections 8132.053-8132.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8132.101. WASTEWATER TREATMENT FACILITY DESIGN APPROVAL. The district must obtain the approval of the Brazos River Authority for the design of any district wastewater treatment facility. Sec. 8132.102. WASTEWATER SERVICE PROVIDERS. Only the Brazos River Authority or a provider approved by the Brazos River Authority may provide wastewater service in the district. Sec. 8132.103. COMPLIANCE WITH SEWER SERVICE AGREEMENT. The district shall comply with the terms and conditions of the "Agreement Regarding Sewer Service Areas and Customers by and between Lower Colorado River Authority, Brazos River Authority, City of Georgetown, City of Liberty Hill and Chisholm Trail Special Utility District" dated February 1, 2005. SECTION 2. The Williamson County Municipal Utility District No. 21 initially includes all the territory contained in the following area: BEING approximately 530 acres of land, situated in the John Hamilton Survey, Abstract No. 282, in Williamson County, Texas, said land being those certain tracts of land, called 147.2 acres (Save and Except 45.3 acres) as described in Tract "A", and called 79.33 acres, as described in Tract "B", as conveyed to Aubrey J. Daniell and wife, Evangeline Jacob Daniell, by deed as recorded in Volume 444, Page 325, of the Deed Records of Williamson County, Texas, that certain tract of land, called 264.56 acres, as described in a deed to Gerald Kucera of record in Volume 1965, Page 587, of the Official Records of Williamson County, Texas, as described in Tract "C", that certain tract of land, called 1.31 acres, as conveyed to Gerald D. Kucera by deed recorded as Document No. 2001010697 of the Official Records of Williamson County, Texas, as described in Tract "D", and that certain tract of land, called 117.34 acres, as conveyed to Gerald Kucera by deed recorded as Document No. 199962150 of the Official Records of Williamson County, Texas, as described in Tract "E", SAVE AND EXCEPT that portion of the above-referenced tracts included in the extraterritorial jurisdiction of the City of Georgetown, Texas, as of January 1, 2005. Those individual tracts being described as follows:
Tract "A"
Beginning 50 varas South 19 East from the most Easterly Southeast corner of a tract of 158.6 acres of land out of the C H Delaney and John Hamilton Surveys, this day conveyed to Mamie James by Emily Conaway, et al; thence North 19 West 674 varas to the most Easterly Northeast corner of the said 158.6 acre tract of land; thence South 71 West 400 varas for the most Northerly Southwest corner of this tract; thence North 19 West, at 138 varas, pass the Southwest corner of School Lot, at 253 varas, the Northwest corner of said school lot, for the most Westerly Northwest corner of this tract; thence with the fence line North 71 East, at 115 varas pass the Northeast corner of said school lot, and at 800 varas, a fence corner, and the Northeast corner of a 100 acre tract of land conveyed by Ed Conaway and wife to Emily Conaway by Deed dated November 25, 1924, and recorded in Volume 217, Page 500, of the Deed Records of Williamson County, Texas; thence North 19 West 292 varas, the Southwest corner of a 142 4/5 acre tract of land out of said Hamilton Survey conveyed to Mrs. Elizabeth Tucker by her father; thence North 71 East 396 varas to a fence corner on the South line of said 142 4/5 acre tract; thence South 19 East 909 varas to a fence corner; thence South 71 West 396 varas to a fence corner; thence South 19 East 323 varas to the Northeast corner of the Second Tract of land described in Deed of even date herewith from Emily Conaway, et al to Rebecca Britton; thence South 71 West 400 varas to the place of beginning, containing 147.2 acres of land. Said field notes include the school lot above mentioned. SAVE AND EXCEPT 45.3 acres out of that portion of the above described lands which has been cultivated and is known as the "Field", the most westerly line being the fence on the east side of the Old Georgetown and Florence Road, extending East between the fence on the north and south sides of the "Field" to a line parallel to the pasture fence on the East line of the field, so as to include 45.3 acres and no more.
Tract "B"
FIRST TRACT: Beginning at the S E corner of a tract of 142-4/5 acres conveyed to Mrs. Tucker, by her father, a stone for corner, from which the S E corner of Mrs. Tucker's 200 acre tract brs N 19 W 51 grs and a large elm tree on the North Bank of Berry's Creek brs N 19 W 59 vrs and a post oak tree 14 inches in dia brs S 19 E 25 vrs; Thence S 71 W with the south line of said 142-4/5 acre tract, 199.62 vrs a stake from which a Post Oak 5 inches in dia brs S 61-3/4 W 4-1/5 vrs and another post oak 5 inches in dia brs S 47½ E 2-1/5 vrs; Thence S 19 E 909 vrs diameter brs N 19 W 9½ vrs 14 inches in diameter brs S 71 W 3-3/5 vrs; Thence N 71 E 198.87 vrs to a stake for a S E corner; Thence N 19 W 909 vrs to the place of beginning, containing 32.08 acres of land more or less. Second Tract: Beginning at the N W corner of the above described tract; Thence S 19 E with the West line of the above described tract, 909 vrs to a stake for the S W corner of the above described tract and the S E corner hereof; Thence S 71 W 199 vrs to the S W corner hereof; Thence N 19 W at 1293 vrs the center of Berry's Creek from which an elm 20 inches in dia marked X brs N 42-10 E 25½ vrs, a hackberry 18 inches in dia marked X brs N 20-19½ vrs; Thence down said Creek with meanders of same about as follows: N 78 E 55 vrs; S 80 E 150 vrs; S 11 E 120 vrs; S 68½ E 150 vrs; N 88½ E 123 vrs to the S E corner of the Tucker's Home tract and the S W corner of Mrs. Mary M. Poole's home tract; Thence S 19 E 51 vrs to the N E corner of the above mentioned tract of 32.08 acres; Thence S 71 W 199 vrs to the place of beginning, containing 47-1/4 acres of land more or less.
Tract "C"
Field notes for a tract of 264.56 acres of land out of the John Hamilton Survey, Abstract No. 282, in Williamson County, Texas; being out of and a part of that tract of land described as containing 261.44 acres in: (1) a deed from Russell Kinningham, et ux, to Glenn Neans, dated July 8, 1976, and recorded in Volume 641, Page 288 of the Deed Records of Williamson County, Texas; and (2) a sales contract from Glenn Neans to Crest Homes (a Division of Mark Electric, Inc.) that is dated October 3, 1978. Beginning at the point of intersection of the center of Berrys Creek, which bounds this tract along the north, with the northerly projection of the northmost portion of an old wire fence line along the west line of the above described 261.44 acre tract, said point bearing N 16°26' W 47 ft. distant from a dead 12" tree trunk, at the end of said fence line, on the south bank of said creek; said point of intersection being at or near the following: (1) the northwest corner of the above described 261.44 acre tract; (2) the northeast corner of that 47.25 acre tract described in a deed from Frank Conaway, et al, to Aubrey J. Daniell, et ux, dated March 20, 1961, and recorded in Volume 444, Page 325 of the Deed Records; (3) the southeast corner of that 200 acre tract described in a deed from Laveta Tisdale, et al, to Wallace Suttles, dated September 4, 1946, and recorded in Volume 339, Page 514 of the Deed Records; and (4) the southwest corner of that 319 acre tract described in a deed from George Meatsler, et ux, to Mary Poole, dated June 26, 1894, and recorded in Volume 71, Page 272 of the Deed Records (said 319 acre tract having been granted to the Cumberland Presbyterian Church Orphans Home in the will of said Mary Poole which was dated February 3, 1944); for the POINT OF BEGINNING and Northwest corner hereof. Thence leaving said Berrys Creek, and proceeding along the aforementioned old wire fence line along the west line of said 261.44 acre tract and the upper east line of the above described Daniell 47.25 acre tract, S 16°26' E, at 47 ft. pass the aforementioned dead 12" tree trunk at the beginning of said fence, in all 160.14 ft. to a fairly new cedar corner post at an ell corner, as fenced, of said 47.25 acre tract, said point being the northeast fence corner of that 32.08 acre tract described in the aforementioned deed to Daniell. Thence continuing along said old wire fence line along the west line of said 261.44 acre tract, and along the east line of said Daniell 32.08 acre tract, as follows: S 17°08' E 193.56 ft., a post; S 18°38' E 463.36 ft., a post; S 20°33' E 195.58 ft., a post; S 21°06' E 32.22 ft., a post; S 18°58' E 218.85 ft., a 17" Live Oak; S 21°06' E 130.80 feet, a post at the north end of a gate; S 28°09' E 16.75 ft., a post at the south end of said gate; S 21°04' E 90.94 ft., a post; S 18°52' E 64.38 ft., a post; S 18°14' E 100.79 ft., a post; S 20°14' E 258.38 ft., a 13" Cedar; S 18°27' E 288.70 ft., a post; S 15°15' E 299.65 ft., a post; and S 12°59' E 78.58 ft. to an old corner post at the southeast fence corner of said Daniell 32.08 acre tract, also being the northeast fence corner of that 128 acre "FIRST TRACT" described in a deed from Oscar M. Beaver, Jr, et ux, to Ernest G. Walston, et al, dated June 20, 1962, and recorded in Volume 452, Page 382 of the Deed Records. Thence proceeding along a fairly new wire fence line, along the west line of said 261.44 acre tract and the east line of said Walston 128 acre "FIRST TRACT" as follows: S 19°58' E 139.79 ft., a post; S 19°46' E 471.85 ft., a post; S 19°42' E 1092.80 ft., a post in concrete; and S 19°38' E 432.03 ft. to a large cedar corner post, in concrete, at the southwest fence corner of said 261.44 acre tract; said point being the northwest fence corner of that 1.5 acre tract, which is an approximately 30 ft. wide land running along the south line of said 261.44 acre tract, described as the "SECOND TRACT" in the aforementioned deed from Beaver to Walston; for the Southwest corner hereof; Thence leaving said Walston 128 acre east line, and proceeding along an old wire fence line along the south line of said 261.44 acre tract and the north line of said Walston 1.5 acre "SECOND TRACT", as follows; N 71°39' E 382.38 ft., a post; N 69°59' E 265.02 ft., a dead 5" tree trunk; N 71°35' E 587.40 ft., an 11" Cedar; N 74°20' E 416.14 ft., a 4" dead tree trunk in a cluster; N 79°18' E 362.23 ft., a 7" Oak; N 77°18' E 157.46 ft., a 5" tree; and N 70°57' E 44.50 ft. to an iron stake found, beside an old corner post, at the southeast fence corner of said 261.44 acre tract and the northeast fence corner of said 1.5 acre Walston tract; said point being in the west fence line of that 4.39 acre tract described in a deed from Russell Kinningham, et ux, to William O. Reed, Jr., dated February 15, 1979, and recorded in Volume 748, Page 630 of the Deed Records; said point also being in the west fence line of that 100 acre tract described in a deed from Oscar M. Beaver, Jr., et ux, to Edward Y. Beaver, dated January 17, 1964, and recorded in Volume 465, Page 615 of the Deed Records; said point also being in the west line of a 30 ft. wide easement which was conveyed in the aforementioned deed from Oscar Beaver to Ernest Walston, said easement beginning at the southeast corner of the aforementioned 1.5 acre "SECOND TRACT" and running northerly and parallel to the west line of that 324.3 acre tract, described in a deed from Edward Y. Beaver, et al, to Oscar M. Beaver, Jr., dated October 24, 1949, and recorded in Volume 358, Page 335 of the Deed Records, for a distance of about "2776 ft." to the south line of a "community road running easterly and westerly through the Beaver and Brooks properties"; for the Southeast corner hereof. Thence proceeding along an old wire fence, along the east line of said 261.44 acre tract and the west line of said Reed 4.39 acre tract (and west line of said Edward Beaver 100 acre tract), N 13°36' W 100.22 ft. to an iron stake set, west of a newer cedar post, at or near the northwest corner of said Reed 4.39 acre tract and an ell corner of said 261.44 acre tract, for an ell corner hereof. Thence proceeding along a fairly new wire fence along the upper north line of said Reed tract, N 76°58' E 31.69 ft. to an iron stake found, beside a corner post, at an ell corner of said 261.44 acre tract; for an ell corner hereof. Thence proceeding along a fairly new wire fence line running along the east line of said 261.44 acre tract, said fence also running along that line described in a fence line agreement between Russell Kinningham, et ux, and Edward Y. Beaver, et ux, dated July 8, 1976, and recorded in Volume 641, Page 283 of the Deed Records, as follows: N 16°36' W 367.71 ft., a large corner post, which bears N 85°04' E 11.8 ft. distant from an iron stake found in the remains of an old wire fence line running in a northerly direction; N 16°55' W 710.60 ft., a post; N 17°17' W 470.20 ft., a post; N 17°25' W _.52 ft., a post; N 17°44' W 382.69 ft., a post; N 17°28' W 392.16 ft., a large post, at the south end of a gate, in the south margin of a lane; leaving said fence, N 64°42' W 33.86 ft., an iron stake found in the base of a broken off post; and N 20°41' W 44.16 ft. to a cedar post, in concrete, at the present northwest fence corner of the land owned by said Edward Beaver, also being the southwest corner of that 20 acre tract described in a sales contract from the Texas Veterans Land Board to William Gray Bryant, Jr., dated July 13, 1974, and recorded in Volume 591, Page 731 of the Deed Records; said point also being at or near the most northwesterly corner of that 50 ft. wide easement conveyed from Edward Y. Beaver, et ux, to Russell Kinningham, dated October 15, 1974, and recorded in Volume 597, Page 385 of the Deed Records (said easement connecting with three additional easements, conveyed to Russell Kinningham of record in Volume 597, Pages 382, 359 and 362 of the Deed Records of Williamson County, Texas, which proceed northeasterly to Texas State Highway 195). Thence proceeding along an old wire fence, along the east line of said 261.44 acre tract and the west line of said Bryant 20 acre tract, as follows: N 20°41' W 37.00 ft., a post; N 19°50' W 261.20 ft., a post; N 21°02' W 129.08 ft., a post; N 19°29' W 183.35 ft., a post; N 17°14' W 707.51 ft., a post; N 18°02' W 593.71 ft., a post; N 17°11' W 267.60 ft., a 30" Live Oak; N 45°22' W 40.04 ft., a 12" Bois d'Arc, on the south bank of the aforementioned Berrys Creek, at the end of said fence line; and N 13°25' W 39.61 ft. to a point in the center of said Creek, being at or near the northeast corner of said 261.44 acre tract and the northwest corner of said Bryant 20 acre tract; said point also being at or near the following: (1) the southeast corner of the aforementioned Mary Poole 319 acre tract; and (2) an ell corner of that 177.79 acre tract described in a deed from Oscar M. Beaver, Jr., et ux, to William Gray Bryant, Jr., et ux, dated April 24, 1974, and recorded in Volume 586, Page 812 of the Deed Records; for the Northeast corner hereof; Thence proceeding up the center of said Berrys Creek, being the north line of said 261.44 acre tract and the south line of said 319 acre tract, as follows: S 73°05' W 216.60 ft.; S 69°48' W 349.60 ft.; N 77°53' W 174.00 ft.; N 64°57' W 147.40 ft.; N 67°04' W 151.00 ft.; S 62°52' W 547.60 ft.; S 80°32' W 122.40 ft.; S 70°13' W 177.00 ft.; S 20°34' W 240.00 ft.; S 30°22' W 197.60 ft.; S 81°33' W 151.00 ft.; and S 88°33' W 100.70 ft. to the POINT OF BEGINNING, containing 264.56 acres of land.
Tract "D"
BEING 1.31 acres of land, situated in the John Hamilton Survey, Abstract No. 282, in Williamson County, Texas, said land being a portion of that certain Second Tract, called 1.5 acres, as conveyed to Ernest G. Walston and Buford M. Homeyer by deed as recorded in Volume 452, Page 382, of the Deed Records of Williamson County, Texas. Surveyed on the ground in the month of September, 1999, under the supervision of Don H. Bizzell, Registered Professional Land Surveyor, and being more particularly described as follows; BEGINNING at an iron pin found marking the Northeast corner of the above-referenced Walston and Homeyer Second Tract, being the Southeast corner of that certain tract of land, called 264.56 acres, as conveyed to Gerald Kucera by deed as recorded in Volume 1965, Page 587, of the Official Records of Williamson County, Texas, being on the west line of that certain Tract II, called 4.39 acres, as conveyed to Robert C. Williamson and wife, Jo Ann Williamson, by deed as recorded in Volume 873, Page 349, of the Deed Records of Williamson County, Texas, for the Northeast corner hereof; THENCE, along the west line of the said Williamson Tract II, S 14° 22'E, 31.24 feet to an iron pin found marking the Southeast corner of the said Walston and Homeyer Second Tract, being the Northeast corner of that certain tract of land, called 117.34 acres as conveyed to Gerald Kucera by deed recorded as Document No. 199962150 of the Official Public Records of Williamson County, Texas, for the Southeast corner hereof; THENCE, along the occupied south line of the said Walston and Homeyer Second Tract, being the north line of the said 117.34 acre Kucera tract, as follows; S 76° 25' 30" W, 256.33 feet to an iron pin found; S 78° 56' W, 289.62 feet to an iron pin found; S 74° 09' W, 308.57 feet to an iron pin found; S 72° 17' W, 274.28 feet to an iron pin found; S 71° 30' W, 277.22 feet to an iron pin found; S 70° 35' 30" W, 266.63 feet to an iron pin found and S 70° 46' 30" W, 209.61 feet to an iron pin set for the Southwest corner hereof; said point being N 70° 46' 30" E, 60.00 feet from the most northerly Northwest corner of the said 117.34 acre Kucera tract; THENCE, N 19° 16' 30" W, 26.84 feet to a mag nail set in rock on the occupied north line of the said Walston and Homeyer Second Tract, being the south line of the said 264.56 acre Kucera tract, for the Northwest corner hereof; THENCE, along the occupied north line of the said Walston and Homeyer Second Tract, being the south line of the said 264.56 acre Kucera tract, as follows; N 71° 15' 30" E, 52.51 feet to an iron pin set; N 69° 35' 30" E, 265.02 feet to an iron pin set; N 71° 11' 30" E, 587.40 feet to a spindle set in the east side of a 16" Cedar 6 feet above ground; N 73° 56' 30" E, 416.14 feet to an iron pin set; N 78° 54' 30" E, 362.33 feet to an iron pin set; N 76° 54' 30" E, 157.46 feet to an iron pin set and N 70° 33' 30" E, 44.50 feet to the Place of BEGINNING and containing 1.31 acres of land.
Tract "E"
BEING 117.34 acres of land, situated in the John Hamilton Survey, Abstract No. 282 and the Frederick Foy Survey, Abstract No. 229, in Williamson County, Texas, said land being that certain Tract One, called 117.23 acres and that certain Tract Two, called 0.138 of an acre, as conveyed to Keystar Whisperwood II, Ltd. by deed as recorded in Volume 2510, Page 125, of the Official Records of Williamson County, Texas. Surveyed on the ground in the month of August, 1999, under the supervision of Don H. Bizzell, Registered Professional Land Surveyor, and being more particularly described as follows; BEGINNING at an iron pin found at the Northwest corner of Jennings Branch, an existing dedicated roadway, marking the Southwest corner of the above-referenced Tract Two, being on the east line of the Resubdivision of a Portion of Lot 16, Block One, Whisperwood I and a 0.0358 of an acre, a subdivision of record in Cabinet N, Slide 239, of the Plat Records of Williamson County, Texas, marking the most easterly Southwest corner of that certain tract of land, called 13.536 acres, as conveyed to Martin L. McCarley, by deed as recorded in Volume 2445, Page 227, of the Official Records of Williamson County, Texas, for the most westerly Southwest corner hereof; THENCE, along the west and north lines of the said Tract Two, N 19° 33' W, at 29.92 feet pass an iron pin found marking the Northeast corner of the said Resubdivision of a Portion of Lot 16, Block One, Whisperwood I, and a 0.0358 of an acre, being an interior corner of the said McCarley tract, for a total distance of 106.04 feet, in all, to an iron pin set at the beginning of a curve to the right, (Radius = 75.00 feet, Long Chord bears N 25° 42' E, 106.38 feet); Thence, along the said curve for an arc distance of 118.26 feet to an iron pin set for the Northeast corner of the said Tract Two, being the most westerly Northwest corner of the above-referenced Tract One and an interior corner of the said McCarley tract; Thence, N 70° 28' 30" E, 280.30 feet to an iron pin found marking an interior corner of the said Tract One, being the most easterly Southeast corner of the said McCarley tract, for an interior corner hereof; THENCE, N 19° 16' 30" W, 804.04 feet to an iron pin found marking the most northerly Northwest corner of the said Tract One, being the Northeast corner of the said McCarley tract, and on the south line of that certain Second Tract, called 1.5 acre, as conveyed to Ernest G. Walston and Buford M. Homeyer by deed as recorded in Volume 452, Page 382, of the Deed Records of Williamson County, Texas, for the Northwest corner hereof; THENCE, along the north line of the said Tract One, being the south line of the said Walston and Homeyer tract, as follows; N 70° 46' 30" E, 269.61 feet to an iron pin found; N 70° 35' 30" E, 266.63 feet to an iron pin found; N 71° 30' E, 277.22 feet to an iron pin found; N 72° 17' E, 274.28 feet to an iron pin found; N 74° 09' E, 308.57 feet to an iron pin found; N 78° 56' E, 289.62 feet to an iron pin found and N 76° 25' 30" E, 256.33 feet to an iron pin found on the west line of that certain Tract II, called 4.39 acres, as conveyed to Robert C. Williamson and wife, Jo Ann Williamson, by deed as recorded in Volume 873, Page 349, of the Deed Records of Williamson County, Texas, marking the Northeast corner of the above-referenced Tract One, being the Southeast corner of the said Walston and Homeyer tract, for the Northeast corner hereof; THENCE, along the east line of the said Tract One, being the west line of the said Williamson Tract II, as follows; S 14° 54' 30" E, 53.14 feet to a nail set; S 20° 42' 30" E, 147.05 feet to a nail found; S 27° 05' E, 470.13 feet to a nail found; S 29° 20' 30" E, 66.21 feet to an iron pin found; S 29° 52' E, 461.47 feet to a nail found; S 13° 35' 30" E, 44.93 feet to a nail found and S 3° 25' 30" E, 29.75 feet to an iron pin found marking the Southwest corner of the said Williamson Tract II, being the Northwest corner of that certain tract of land, called 15.00 acres, as described in a Contract of Sale and Purchase between the Veteran's Land Board of Texas and James Eugene Lax, of record in Volume 859, Page 912, of the Deed Records of Williamson County, Texas, said Contract being assigned to Coy Fancher by Assignment of Veteran's Land Board Contract of Sale and Purchase of record in Volume 1774, Page 539, of the Official Records of Williamson County, Texas, and continuing along the west line of the said Fancher tract, S 2° 03' E, 46.95 feet to an iron pin found; S 2° 17' 30" E, 188.35 feet to a nail found; S 12° 52' 30" E, 156.29 feet to a nail found; S 16° 28' 30" E, 160.13 feet to a nail found at a 25" Live Oak; S 11° 25' 30" E, 105.55 feet to a nail found; S 31° 21' E, 33.76 feet to a nail found; S 14° 20' 30" E, 174.86 feet to an iron pin found; S 15° 22' E, 337.70 feet to an iron pin found and S 14° 59' 30" E, passing the common line between the John Hamilton Survey, Abstract No. 282 and the Frederick Foy Survey, Abstract No. 229, for a total distance of 356.22 feet, in all, to an iron pin found at a fence corner marking the Southeast corner of the above-referenced Tract One, being on the north line of that certain Tract I, called 900.86 acres, as conveyed to John F. Yearwood by deed as recorded in Volume 1813, Page 665, of the Official Records of Williamson County, Texas, being the Southwest corner of the said Fancher tract, for the Southeast corner hereof; THENCE, S 70° 34' 30" W, 1229.98 feet to an iron pin found marking the most southerly Southwest corner of the said Tract One, being on the east line of Lot 9, Block Two, of Whisperwood I, a subdivision of record in Cabinet I, Slide 102, of the Plat Records of Williamson County, Texas, being the Northwest corner of the said Yearwood tract, for the Southwest corner hereof; THENCE, along the west line of the said Tract One, being the east line of the said Whisperwood I, N 19° 17' 30" W, 130.08 feet to an iron pin found marking the Northeast corner of the said Lot 9, Block Two, being the most easterly corner of Lot 10, Block Two, of the said Whisperwood I, being on, or near, the common line between the Frederick Foy Survey, Abstract No. 229 and the John Hamilton Survey, Abstract No. 282; N 66° 32' 30" W, 418.29 feet to an iron pin found marking the Northeast corner of the said Lot 10, Block Two, being the Southeast corner of Lot 11, Block Two, of the said Whisperwood I, and N 19° 31' W, at 324.93 feet pass the Northeast corner of the said Lot 11, Block Two, being the Southeast corner of Lot 12, Block Two, of the said Whisperwood I, at 649.82 feet pass the Northeast corner of the said Lot 12, Block Two , being the Southeast corner of the said Lot 13, Block Two, for a total distance of 974.89 feet, in all, to an iron pin found marking an interior corner of the said Tract One, being the Northeast corner of the said Lot 13, Block Two, for an interior corner hereof; THENCE, along the north line of the said Lot 13, Block Two, S 70° 28' 30" W, 335.04 feet to an iron pin found marking a southwesterly corner of the said Tract One, marking the Southeast corner of Lot 14, Block Two, of the said Whisperwood I, for a southwesterly corner hereof; THENCE, N 19° 29' 30" W, 650.10 feet to an iron pin found marking an interior corner of the said Tract One, being the Northeast corner of the said Lot 14, Block Two, for an interior corner hereof; THENCE, along the south and east lines of the said Tract One, being the north and west lines of the said Lot 14, Block Two, as follows; S 70° 28' 30" W, 320.19 feet to an iron pin set at the beginning of a curve to the left, (Radius = 15.00 feet, Long Chord bears S 25° 13' W, 21.28 feet); Thence, along the said curve for an arc distance 23.66 feet to an iron pin found; Thence, S 19° 28' E, 106.07 feet to a railroad spike found at the Northeast corner of the said Jennings Branch, marking the most westerly Southeast corner of the said Tract One, for the most westerly Southeast corner hereof; THENCE, along the north line of the said Jennings Branch, S 70° 39' 30" W, at 30.01 feet pass a cotton picker spindle found marking the most westerly Southwest corner of the said Tract One, being the most southerly Southeast corner of the said Tract Two, for a total distance of 59.95 feet, in all, to the Place of BEGINNING and containing 117.34 acres of land. SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code. (b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality. (c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time. (d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished. SECTION 4. This Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 3549 was passed by the House on May 20, 2005, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 3549 was passed by the Senate on May 25, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor