S.B. No. 1855
AN ACT
relating to the creation of the Rockwall County Municipal Utility
Districts Nos. 6, 7, 8, and 9; providing authority to impose a tax
and issue bonds; granting the power of eminent domain.
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 8136 to read as follows:
CHAPTER 8136. ROCKWALL COUNTY MUNICIPAL UTILITY DISTRICTS
NOS. 6, 7, 8, and 9
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8136.001. DEFINITIONS. In this chapter:
(1) "Board" or "boards" means, as appropriate, the
board of directors of one or all of the districts.
(2) "Director" means a member of the board.
(3) "District" or "districts" means, as appropriate,
one or all of the Rockwall County Municipal Utility Districts Nos.
6, 7, 8, and 9.
Sec. 8136.002. NATURE OF DISTRICT. Each district is a
municipal utility district in Rockwall County created under and
essential to accomplish the purposes of Section 52, Article III,
and Section 59, Article XVI, Texas Constitution.
Sec. 8136.003. CONFIRMATION ELECTION REQUIRED. If the
creation of a district is not confirmed at a confirmation election
held under Section 8136.023 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Rockwall County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) the provisions of this chapter relating to that
district expire September 1, 2010.
Sec. 8136.004. INITIAL DISTRICT TERRITORY. (a) Each
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes of each district, as
described 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; or
(3) the legality or operation of the district or the
board.
Sec. 8136.005. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 49 and 54, Water Code,
apply to the districts.
[Sections 8136.006-8136.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8136.021. TEMPORARY DIRECTORS. (a) The temporary
board of each district consists of the following persons:
(1) Rockwall County Municipal Utility District No. 6:
(A) Sherry Kent Skinner;
(B) Chris Smith;
(C) Jill Thrasher;
(D) Kevin B. Tucker; and
(E) Berry Watts;
(2) Rockwall County Municipal Utility District No. 7:
(A) Larry Christensen;
(B) Martha Ann Cook;
(C) Terry Jones;
(D) Sandy Sinks; and
(E) Michael W. Skinner;
(3) Rockwall County Municipal Utility District No. 8:
(A) David M. Cook, Sr.;
(B) Lisa Gheen;
(C) Linda Nelson;
(D) Charles Sinks II (Chuck); and
(E) Karen D. Wilson; and
(4) Rockwall County Municipal Utility District No. 9:
(A) Nicholas Helge;
(B) Thaddeus James Parker (Thad);
(C) Jennifer Lynne Clark;
(D) Michael Joseph McCrea, Jr. (Mike); and
(E) Andrea Brandon Roland.
(b) If a temporary director fails to qualify for office, the
remaining temporary directors of that district shall appoint a
person to fill the vacancy.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8136.023; or
(2) the date the provisions of this chapter relating
to that district expire under Section 8136.003.
Sec. 8136.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors of a district have qualified under Section 49.055, Water
Code, the temporary directors of that district shall meet at a
location in the district agreeable to a majority of the directors of
that district. If a location cannot be agreed upon, the meeting
shall be at the Rockwall County Courthouse. At the meeting, the
temporary directors shall elect officers from among the temporary
directors and conduct any other district business.
Sec. 8136.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. The temporary directors of each district shall hold an
election to confirm the creation of the district and to elect five
directors as provided by Section 49.102, Water Code.
Sec. 8136.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors of each district elected under Section 8136.023 shall
draw lots to determine which two shall serve until the first
regularly scheduled election of directors under Section 8136.052
and which three shall serve until the second regularly scheduled
election of directors.
Sec. 8136.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8136.026-8136.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8136.051. DIRECTORS; TERMS. (a) Each district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8136.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors of each district shall be elected.
[Sections 8136.053-8136.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8136.101. GENERAL POWERS. Each district has all of the
rights, powers, privileges, authority, functions, 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. 8136.102. ROAD PROJECTS. (a) To the extent
authorized by Section 52, Article III, Texas Constitution, each
district may construct, maintain, or operate paved roads or works,
facilities, or improvements in aid of those roads, inside the
district.
(b) A road project must meet or exceed all applicable
construction standards, zoning and subdivision requirements, and
regulatory ordinances of each municipality in whose corporate
limits or extraterritorial jurisdiction the district is located.
If the district is located outside the extraterritorial
jurisdiction of a municipality, a road project must meet all
applicable construction standards, zoning and subdivision
requirements, and regulatory ordinances of each county in which the
district is located.
(c) The district may not undertake a road project unless
each municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by ordinance or
resolution. If the district is located outside the
extraterritorial jurisdiction of a municipality, the district may
not undertake a road project unless each county in which the
district is located consents by ordinance or resolution.
Sec. 8136.103. ADDING LAND BY PETITION OF LANDOWNER. Each
district may only add land to the district in the manner provided by
Section 49.301, Water Code, if a landowner petitions for the
addition of land that is:
(1) adjacent to the boundaries of the district; or
(2) separated from the district by public land or
right-of-way.
Sec. 8136.104. EMINENT DOMAIN. (a) Each district may
exercise the power of eminent domain within the boundaries of the
district for all public purposes.
(b) Each district may exercise the power of eminent domain
outside the boundaries of the district only for the purpose of
constructing, acquiring, operating, repairing, or maintaining
water supply lines or sanitary sewer lines.
(c) Each district shall exercise the power of eminent domain
in the same manner as required for a county.
[Sections 8136.105-8136.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8136.151. TAX TO REPAY BONDS. Each district may impose
a tax to pay the principal of or interest on bonds issued to finance
projects under Section 8136.102.
[Sections 8136.152-8136.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8136.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) Each district may issue bonds or other
obligations as provided by Chapters 49 and 54, Water Code, to
finance the construction, maintenance, or operation of projects
under Sections 8136.101 and 8136.102.
(b) A district may not issue bonds to finance projects
authorized by Section 8136.102 unless the issuance is approved by a
vote of a two-thirds majority of the voters of the district voting
at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8136.102 may not exceed one-fourth
of the assessed value of the real property in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to
a project undertaken by a district under Section 8136.102 or to
bonds issued by the district to finance the project.
SECTION 2. Each district initially includes, respectively,
the territory contained in the following areas as indicated:
(1) Rockwall County Municipal Utility District No. 6:
BEING a tract of land situated in the S.B. Crabtree Survey, Abstract
No. 57, M. Crabtree Survey, Abstract No. 61 and the J. Parker
Survey, Abstract No. 178, in the Town of Fate, Rockwall County,
Texas, and being part of a tract of land described in a deed to Fate
Land, L.P., a Texas Limited Partnership, recorded in Volume 02919,
Page 00099 of the Deed Records of Rockwall County, Texas
(D.R.R.C.T.), and being all of a called 15.004 acre tract of land
described in a deed to Fate Land, L.P., recorded in Volume 02859,
Page 00029, D.R.R.C.T., and being more particularly described as
follows:
BEGINNING at a point in the east right-of way line of State Highway
No. 66 (60' right-of-way) for the southmost corner of 119.39 acre
tract of land described as Tract III in a deed to The Crown Hill
Trusts, recorded in Volume 1287, Page 187, D.R.R.C.T., from which a
1/2-inch iron rod found is located South 35 degrees 52 minutes 53
seconds West, a distance of 0.98 feet, said point also being the
west corner of a tract of land described to the City of Fate,
recorded in Volume 83, Page 557, D.R.R.C.T.;
THENCE North 01 degree 48 minutes 07 seconds West, along the east
right-of-way line of State Highway No. 66, a distance of 970.81 feet
to a point at the southwest corner of a called 1.00 acre tract of
land described in a deed to Johnny C. Gibbs and wife Sandra L. Gibbs
recorded in Volume 82, Page 85 of said Deed Records;
THENCE North 88 degrees 11 minutes 50 seconds East, along the south
line of said Gibbs tract and generally along a fence part-way, a
distance of 435.15 feet to a point for the southeast corner of said
Gibbs tract;
THENCE North 01 degree 48 minutes 10 seconds West, along the east
line of said Gibbs tract, a distance of 100.00 feet to a point for
the northeast corner thereof;
THENCE South 88 degrees 11 minutes 50 seconds West, along the north
line of said Gibbs tract and generally along a fence part-way, a
distance of 435.15 feet to a point in the east right-of-way line of
State Highway No. 66 for the northwest corner of said Gibbs tract;
THENCE North 01 degree 48 minutes 07 seconds West, along the east
right-of-way line of State Highway No. 66, a distance of 709.10 feet
to a point for the beginning of a tangent curve to the right, from
which a TxDOT concrete monument is located South 01 degree 48
minutes 07 seconds East, a distance of 1.41 feet;
THENCE Northeasterly, continuing along the east right-of-way line
of State Highway No. 66 and along the curve to the right which has a
chord that bears North 16 degrees 29 minutes 34 seconds East for
440.72 feet, a central angle of 36 degrees 35 minutes 22 seconds and
a radius of 702.00 feet, for an arc distance of 448.30 feet to a
point for the end of said curve, from which a TxDot concrete
monument is located South 03 degrees 50 minutes 05 seconds West, a
distance of 1.41 feet;
THENCE North 34 degrees 47 minutes 15 seconds East, continuing
along the easterly right-of-way line of State Highway No. 66, a
distance of 986.53 feet to a point for the beginning of a tangent
curve to the left, from which a TxDOT concrete monument is located
South 01 degree 40 minutes 43 seconds East, a distance of 1.69 feet;
THENCE Northeasterly, continuing along the easterly right-of-way
line of State Highway No. 66 and along the curve to the left which
has a chord that bears North 16 degrees 59 minutes 08 seconds East
for 486.72 feet, a central angle of 35 degrees 36 minutes 15 seconds
and a radius of 796.00 feet, for an arc distance of 494.64 feet to
the end of said curve;
THENCE North 00 degrees 49 minutes 00 seconds West, along the east
right-of-way line of State Highway No. 66, a distance of 1270.15
feet to a 1/2-inch iron rod found for the northwest corner of said
50.44 acre tract and the southwest corner of Luby Acres, an addition
to the Town of Fate according to the plat thereof recorded in
Cabinet B, Page 2 of the Map Records of Rockwall County, Texas;
THENCE North 88 degrees 12 minutes 44 seconds East, along the south
line of Luby Acres, a distance of 1739.21 feet to the southeast
corner of said Luby Acres;
THENCE North 01 degree 11 minutes 30 seconds West, along the west
line of said Fate Land tract, and the east line of said Luby Acres, a
distance of 750.20 feet to a 1/2-inch iron rod found for the
northeast corner of said Luby Acres;
THENCE North 01 degree 20 minutes 58 seconds West, continuing along
the west line of said Fate Land tract, a distance of 1327.26 feet to
a 1/2-inch iron rod found for the northwest corner thereof;
THENCE North 88 degrees 42 minutes 34 seconds East, along the north
line of said Fate Land tract, a distance of 2111.82 feet to a point
for the northeast corner of said Fate Land tract;
THENCE South 01 degree 20 minutes 57 seconds East, a distance of
2869.76 feet to a point in the northwest right-of-way of the Union
Pacific Railway (100' right-of-way);
THENCE South 46 degrees 07 minutes 06 seconds West, along the
northwest right-of-way line of the Union Pacific Railway, a
distance of 1290.89 feet to a point for corner;
THENCE North 89 degrees 57 minutes 29 seconds West, a distance of
1167.48 feet to a 5/8-inch iron rod found for corner, said rod being
the southeast corner of said 15.004 acre tract;
THENCE South 01 degree 11 minutes 30 seconds East, along the east
line of said 119.34 acre tract, a distance of 1101.83 feet to a
point in the northwest right-of-way line of the Union Pacific
Railway (100' right-of-way) for the southeast corner of said 119.34
acre tract;
THENCE South 46 degrees 07 minutes 06 seconds West, along the
northwest line of the Union Pacific Railway, a distance of 2669.57
feet to a 1/2-inch iron rod found for the southeast corner of said
City of Fate tract;
THENCE North 01 degree 44 minutes 40 seconds West, along the east
line of said City of Fate tract, a distance of 629.85 feet to a
1/2-inch iron rod found for the north corner of said City of Fate
tract;
THENCE South 35 degrees 52 minutes 53 seconds West, along the
northwest line of said City of Fate tract, a distance of 1037.55
feet to the POINT OF BEGINNING and containing 15,533,075 square
feet, or 356.590 acres of land, more or less.
(2) Rockwall County Municipal Utility District No. 7:
BEING a tract of land situated in the S.B. CRABTREE SURVEY, ABSTRACT
NO. 57, and the D. THEDFORD SURVEY, ABSTRACT NO. 208, and the J.R.
BRISCOE SURVEY, ABSTRACT NO. 42, in the City of Fate, Rockwall
County, Texas, and being all of a called 64.83 acre tract of land
described as Tract IV, and all of a called 64.07 acre tract of land
described as Tract V in a deed to The Crown Hill Trusts recorded in
Volume 1287, Page 187 of the Deed Records of Rockwall County, Texas,
and being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod with cap marked "PETITT-RPLS 4087"
found in the southwest corner of said 64.83 acres tract and the
southeast corner of a called 35.371 acres tract described as South
Tract in a deed to Frank C. Slay recorded in Volume 56, Page 93 of
said Deed Records, also being a point on the north right-of-way line
of Farm-to-Market Road 551;
THENCE North 01 degree 31 minutes 16 seconds West, along the common
line between said 64.83 acres tract and Slay tract, a distance of
1,802.86 feet to a 1/2-inch iron rod found for the northeast corner
of said Slay tract and the northwest corner of said 64.83 acre tract
at a point in the southeasterly right-of-way line of said
Interstate Highway No. 30 (variable right-of-way);
THENCE North 43 degrees 59 minutes 58 seconds East, along the
southeasterly line of said Interstate 30, a distance of 471.60 feet
to a 1/2-inch iron rod found for the west corner of a tract of land
as described to Suburban Propane, L.P., recorded in Volume 1101,
Page 046, of said Deed Records;
THENCE South 46 degrees 53 minutes 08 seconds East, along the
southwest line of said Propane tract, a distance of 147.93 feet to a
1/2-inch iron rod found for the southwest corner of said propane
tract;
THENCE North 89 degrees 21 minutes 48 seconds East, along the south
line of said Propane tract, a distance of 374.05 feet to a 5/8-inch
iron rod found for the southeast corner of said Propane tract;
THENCE North 00 degree 57 minutes 34 second West, along the
east line of said Propane tract, a distance of 550.63 feet to a
5/8-inch iron rod found for the northeast corner of said Propane
tract at a point on the southeasterly line of said Interstate 30;
THENCE North 43 degrees 59 minutes 58 seconds East, along the
southeasterly line of said Interstate 30, a distance of 353.64 feet
to a TxDot concrete monument found for corner;
THENCE South 88 degrees 14 minutes 04 seconds East, along a cut-back
line in said Interstate Highway No. 30 right-of-way, a distance of
75.37 feet to a 5/8-inch iron rod with cap marked "PETITT-RPLS 4087"
found for corner;
THENCE North 41 degrees 40 minutes 56 seconds East, continuing
along said cut-back, a distance of 25.20 feet to a 1/2-inch iron rod
found in the center of Blackland Road, (undedicated public road);
THENCE South 53 degrees 28 minutes 01 second East, generally along
the center of Blackland Road, a distance of 904.64 feet to a
1/2-inch iron rod found for the north corner of a tract of land as
described to Macedonia Baptist Church, called 1.04 acres, recorded
in Volume 70, Page 224, of said Deed Records;
THENCE South 01 degree 25 minutes 24 seconds East, along the west
line of said church tract, a distance of 317.23 feet to a 5/8-inch
iron rod with cap marked PETITT-RPLS 4087" found for the south
corner of said church tract;
THENCE North 67 degrees 25 minutes 06 seconds East, along the
south line of said church tract, a distance of 306.42 feet to a
5/8-inch iron rod found in the center of said Black land Road for
the east corner of said church tract;
THENCE South 52 degrees 54 minutes 18 seconds East, along the
northeasterly boundary of said 64.07 acre tract and along generally
along the center of Blackland Road, a distance of 669.01 feet to a
5/8-inch iron rod with cap marked "PETITT-RPLS 4087" found for an
angle point, from which a 5/8-inch iron rod found is located South
60 degrees 57 minutes 12 seconds West, a distance of 23.88 feet;
THENCE South 45 degrees 33 minutes 23 seconds East, continuing
along the northeasterly boundary of said 64.07 acre tract and
generally along the center of Blackland Road, a distance of
1,690.88 feet to a 5/8-inch iron rod with cap marked "PETITT-RPLS
4087" found at center of Greenbriar Road (undedicated public road);
THENCE South 45 degrees 21 minutes 04 seconds West, generally along
the center of Greenbriar Road, a distance of 775.91 feet to a
5/8-inch iron rod with cap marked "PETITT-RPLS 4087" found for an
angle point;
THENCE South 88 degrees 24 minutes 03 seconds West, continuing
generally along the center of Greenbriar Road, a distance of
1,421.23 feet to a 5/8-inch iron rod with cap marked "PETITT-RPLS
4087" found in the east line of a called 10.00 acre tract of land
described in a deed to Curtis M. Brunson and wife Nelda Brunson
recorded in Volume 138, Page 797 of said Deed Records;
THENCE North 01 degree 25 minutes 24 seconds West, along the east
line of said Brunson tract, a distance of 2,037.61 feet to a
5/8-inch iron rod with cap marked "PETITT-RPLS 4087" found in the
general center of a ditch for corner;
THENCE South 54 degrees 02 minutes 46 seconds West, generally along
the center of said ditch and along the north line of said Brunson
tract and the north line of a called 4.788 acre tract of land
described in a deed to Curtis M. Brunson recorded in Volume 130,
page 710 of said Deed Records, a distance of 461.00 feet to an angle
point;
THENCE South 30 degrees 55 minutes 20 seconds West, continuing
generally along the center of said ditch and along the westerly
north line of said 4.788 acre tract, the north line of a called
5.3801 acre tract described in a deed to Todd Winters recorded in
Volume 1571, Page 301 of said Deed Records, the north line of a
called 5.02 acre tract described in a deed to David W. Wright and
wife Linda Wright recorded in Volume 85, Page 144 of said Deed
Records, and the north line of a called 4.02 acre tract described in
a deed to David W. Wright and wife Linda Wright recorded in Volume
91, Page 442 of said Deed Records, a distance of 1,803.25 feet to a
1/2-inch iron rod found for corner;
THENCE South 00 degrees 25 minutes 35 seconds East, along the west
line of said Wright 4.02 acre tract, a distance of 176.50 feet to a
5/8-inch iron rod with cap marked "PETITT-RPLS 4087" found in the
north right-of-way line of said F. M. Road 551;
THENCE North 89 degrees 49 minutes 50 seconds West, along the north
right-of-way line of F. M. Road 551, a distance of 526.99 feet to
the POINT OF BEGINNING and containing 5,653,805 square feet or
129.794 acres of land, more or less.
(3) Rockwall County Municipal Utility District No. 8:
BEING a tract of land situated in the R. B. IRVINE SURVEY, ABSTRACT
NO. 120, and the J. HODGES SURVEY, ABSTRACT NO. 103, in the City of
Fate, Rockwall County, Texas, and being part of a called 1074.12
acre tract of land as described to Fate Land, LP, recorded in Volume
02919, Page 00099 of the Deed Records of Rockwall County, Texas, and
also in County Clerks File No. 00275581, of said Deed Records, and
being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod with cap marked "PETITT-RPLS 4087"
found for the southwest corner of a 348.201 acres tract of land as
described in deed from Fate Land, LP to PRA/Fate Development,
Corp., recorded in Volume 02919, Page 00188, Deed Records, Rockwall
County, Texas, said rod also being in the approximate center of Ben
Payne Road (undedicated public road) intersecting at a point on the
north right-of-way line of State Highway No. 66 (60' right-of-way);
THENCE along a curve to the right and being on the north
right-of-way line of said State Highway No. 66, which has a chord
that bears South 87 degrees 46 minutes 18 seconds West for 64.15
feet, a central angle of 01 degree 57 minutes 18 seconds and a
radius of 1880.00 feet, for an arc distance of 64.15 feet to a TxDOT
concrete monument found for the end of said curve;
THENCE South 88 degrees 44 minutes 57 seconds West, continuing
along the north right-of-way line of State Highway No. 66, a
distance of 239.33 feet to a 5/8-inch iron rod with cap marked
"PETITT-RPLS 4087" found for the southeast corner of a tract of land
described in a deed to Cash Water Supply Corporation recorded in
Volume 161, Page 393 of said Deed Records;
THENCE North 01 degree 15 minutes 03 seconds West, along the east
line of said Cash tract, a distance of 53.11 feet to a 5/8-inch iron
rod with cap marked "PETITT-RPLS 4087" found for the northeast
corner of said Cash tract;
THENCE South 88 degrees 44 minutes 57 seconds West, along the north
line of said Cash tract and the north line of a called 0.057 acre
tract of land described in a deed to North Texas Municipal Water
Supply Corporation recorded in Volume 59, Page 19 of said Deed
Records, a distance of 100.00 feet to a 5/8-inch iron rod with cap
marked "PETITT-RPLS 4087" found for the northwest corner of said
North Texas tract;
THENCE South 01 degree 15 minutes 03 seconds East, along the west
line of said North Texas tract, a distance of 53.11 feet to a
5/8-inch iron rod with cap marked "PETITT-RPLS 4087" found in the
north right-of-way line of State Highway No. 66 for the southwest
corner of said North Texas tract;
THENCE South 88 degrees 44 minutes 57 seconds West, along the north
right-of-way line of State Highway No. 66, a distance of 643.53 feet
to a 5/8-inch iron rod with cap marked "PETITT-RPLS 4087" found for
the southeast corner of a called 2.0 acre tract of land described in
a deed to Gerald Lindsey Payne recorded in Volume 74, Page 358 of
said Deed Records;
THENCE North 01 degree 06 minutes 53 seconds West, along the east
line of said Payne tract, passing at a distance of 5.58 feet a
1/2-inch iron rod found, a distance of 422.68 feet to a 5/8-inch
iron rod with cap marked "PETITT-RPLS 4087" found for the northeast
corner of said Payne tract;
THENCE South 88 degrees 21 minutes 05 seconds West, along the north
line of said Payne tract, a distance of 8.33 feet for corner;
THENCE North 01 degree 55 minutes 01 second West, a distance of
100.00 feet to a corner;
THENCE South 88 degrees 21 minutes 05 seconds West, a
distance of 100.00 feet for corner;
THENCE North 01 degree 55 minutes 01 second West, a distance of
400.00 feet to a corner;
THENCE South 88 degrees 21 minutes 05 seconds West, a distance of
100.00 feet for corner at a point on the east line of a called 54
acre tract of land described in a deed to William G. A. Stevenson
recorded in Volume 162, Page 625, Deed Records, Rockwall County,
Texas;
THENCE North 01 degree 55 minutes 01 second West, along the east
line of said Stevenson tract, a distance of 736.10 feet to a
5/8-inch iron rod with cap marked "PETITT-RPLS 4087" found for the
northeast corner of said Stevenson tract;
THENCE South 88 degrees 46 minutes 28 seconds West, along the north
line of said Stevenson tract, a distance of 1856.29 feet to a point
in the center of a creek;
THENCE along the center of said creek as follows:
North 00 degrees 35 minutes 20 seconds East, a distance of 647.00
feet ;
North 05 degrees 03 minutes 21 seconds West, a distance of 374.71
feet ;
North 03 degrees 31 minutes 09 seconds East, a distance of 571.38
feet to a corner;
North 44 degrees 54 minutes 58 seconds East, a distance of 279.47
feet to a point on the common north line of said IRVINE SURVEY and
the south line of the NORVELL SURVEY, ABSTRACT NO. 170, and also
being the southwest corner of a called 231.5198 acres tract of land
as described in a deed to Kenneth Baker and Cara L. Baker, husband
and wife, recorded in Volume 948, Page 70, of said Deed Records;
THENCE North 89 degrees 22 minutes 49 seconds East, along the common
line of said survey's, and the south line of said Baker tract, a
distance of 2879.38 feet to a 5/8-inch iron rod with cap marked
"PETITT-RPLS 4087" found in the center of a public road known as Ben
Payne Road (undedicated right-of-way) for the southeast corner of
said Baker tract;
THENCE North 00 degrees 52 minutes 17 seconds West, along the most
southerly east line of said Baker tract and along the center of said
public road, a distance of 1030.54 feet to a 5/8-inch iron rod with
cap marked "PETITT-RPLS 4087" found for the southwest corner of a
1.571 acre tract of land described in a deed to Marjorie Elane
Wheeler recorded in Volume 0846, Page 033 of said Deed Records;
THENCE North 89 degrees 05 minutes 33 seconds East, along the south
line of said Wheeler tract, the south line of a tract of land
described in a deed to Elmer T. Campbell and Reesie W. Campbell
recorded in Volume 61, Page 132 of said Deed Records, the south line
of tract of land described in a deed to Loretta Cameron recorded in
Volume 104, Page 917 of said Deed Records, the south line of a 3.77
acre tract of land described in a deed to Kelli J. Love and Jim C.
Love recorded in Volume 1104, Page 132 of said Deed Records and the
south line of a called 31.009 acre tract of land described in a deed
to Charles R. Noland and wife Janna D. Noland recorded in Volume
531, Page 176 of said Deed Records, and generally along the center
of a public road, a distance of 1055.55 feet to a 5/8-inch iron rod
with cap marked "PETITT-RPLS 4087" found for the corner at a point
on the west line of said PRA/Fate Development tract, and a point on
the south line of said Noland tract;
THENCE along the west line of said PRA/Fate Development tract the
following courses:
South 02 degrees 08 minutes 40 seconds West, a distance of 102.52
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087"
found for corner;
South 11 degrees 44 minutes 05 seconds East, a distance of 130.00
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087"
found for corner;
South 23 degrees 00 minutes 18 seconds East, a distance of 100.00
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087"
found for corner;
South 36 degrees 28 minutes 24 seconds East, a distance of 260.00
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087"
found for corner;
South 07 degrees 41 minutes 36 seconds East, a distance of 250.00
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087"
found for corner;
South 27 degrees 30 minutes 52 seconds East, a distance of 185.00
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087"
found for corner;
South 00 degrees 27 minutes 43 seconds East, a distance of 125.00
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087"
found for corner;
South 25 degrees 36 minutes 22 seconds East, a distance of 450.00
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087"
found for corner;
South 14 degrees 12 minutes 57 seconds East, a distance of 350.00
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087"
found for corner;
South 22 degrees 45 minutes 44 seconds East, a distance of 270.00
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087"
found for corner;
South 15 degrees 19 minutes 35 seconds East, a distance of 555.00
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087"
found for corner;
South 44 degrees 21 minutes 08 seconds East, a distance of 100.00
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087"
found for corner;
South 13 degrees 19 minutes 35 seconds East, a distance of 49.11
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087"
found for the beginning of a non-tangent curve to the right;
Southwesterly, along said non-tangent curve to the right which has
a chord that bears South 83 degrees 25 minutes 03 seconds West for
380.07 feet, a central angle of 10 degrees 38 minutes 17 seconds and
a radius of 2050.00 feet, for an arc distance of 380.62 feet to a
5/8-inch iron rod with cap marked "PETITT - RPLS 4087" found for the
end of said curve;
South 88 degrees 44 minutes 11 seconds West, a distance of 1573.02
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087"
found for an ell corner on the west line of said PRA/Fate
Development tract;
South 01 degree 15 minutes 49 seconds East, along the general center
of said Ben Payne Road, a distance of 1660.93 feet to a the POINT OF
BEGINNING and containing 11,566,723 square feet or 265.535 acres of
land.
(4) Rockwall County Municipal Utility District No. 9:
BEING a tract of land situated in the J. GARDENSHIRE SURVEY,
ABSTRACT NO. 95, and the J. McKINNEY SURVEY, ABSTRACT NO. 151, in
the City of Fate, Rockwall County, Texas, and being part of a called
1074.12 acres tract of land as described in a deed to Fate Land, LP,
recorded in Volume 02919, Page 00099 of the Deed Records of Rockwall
County, Texas, and being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod with cap marked "PETITT-RPLS 4087"
found at the intersection of the west right-of-way line of State
Highway No. 66 (60' right-of-way) with the center line of Prince
Lane (undedicated public road), said point being the northeast
corner of said 1074.12 acres tract and the southeast corner of a
tract of land described in a deed to Tommy J. Woods recorded in
Volume 899, Page 231 of said Deed Records;
THENCE South 00 degrees 49 minutes 00 seconds East, along the west
right-of-way line of State Highway No. 66, a distance of 1642.72
feet to a 5/8-inch iron rod with cap marked "PETITT-RPLS 4087" found
for corner;
THENCE South 89 degrees 11 minutes 00 seconds West, a distance of
1660.59 feet to the beginning of a tangent curve to the left;
THENCE Southwesterly, along said tangent curve to the left which
has a chord that bears South 53 degrees 38 minutes 35 seconds West
for 1743.93 feet, a central angle of 71 degrees 05 minutes 08
seconds and a radius of 1500.00 feet, for an arc distance of 1861.02
feet to a 5/8-inch iron rod with cap marked "PETITT-RPLS 4087" found
for the northeast corner of a tract of land as described in a deed to
PRA/Fate Development, Corp., recorded in Volume 02919, Page 00188,
of said Deed Records;
THENCE South 89 degrees 03 minutes 45 seconds West, along the north
line of said PRA/Fate Development tract, a distance of 2420.13 feet
to a 5/8-inch iron rod with cap marked "PETITT-RPLS 4087" found for
corner at a point on the west line of a called 31.009 acre tract of
land described in a deed to Charles R. Noland and wife Janna D.
Noland recorded in Volume 531, Page 176 of said Deed Records, said
found rod also being the northwest corner of said PRA/Fate
Development tract;
THENCE North 01 degree 03 minutes 22 seconds West, along the east
line of said Noland tract, a distance of 649.48 feet to a 1-inch
iron pipe found in the south line of a called 311.550 acre tract of
land described as Tract B in a deed to Jessie Elizabeth Mills and
John C. Mills Jr. as Trustees for the Mills Family Trust, for the
northeast corner of said Noland tract;
THENCE North 87 degrees 52 minutes 37 seconds East, along the south
line of said Mills tract and generally along a fence, a distance of
225.97 feet to a 5/8-inch iron rod with cap marked "PETITT-RPLS
4087" found for the southeast corner of said Mills tract;
THENCE North 00 degrees 46 minutes 11 seconds West, along the east
line of said Mills tract, a distance of 666.10 feet to a 5/8-inch
iron rod found for the southwest corner of a called 20.00 acre tract
of land described in a deed to Otis Cox or Mildred Cox, Trustees or
their successors in trust, recorded in Volume 715, Page 118, Deed
Records, Rockwall County, Texas;
THENCE North 88 degrees 56 minutes 38 seconds East, along the south
line of said 20.00 acre Cox tract and the south line of a called
20.02 acre tract of land described in a deed to Otis Cox or Mildred
Cox, Trustees or their successors in trust, Volume 715, Page 121,
Deed Records, Rockwall County, Texas, a distance of 1319.97 feet to
a 1/2-inch iron rod found for the southeast corner of said 20.02
acre Cox tract;
THENCE North 01 degree 47 minutes 08 seconds West, along the east
line of said 20.02 acre Cox tract, a distance of 1328.53 feet to a
1/2-inch iron rod found in the south line of a called 5.076 acre
tract of land described in a deed to Nicolas Livaudais and wife
Sylvia Livaudais recorded in Volume 1860, Page 157 of said Deed
Records for the northeast corner of said 20.02 acre Cox tract;
THENCE North 89 degrees 05 minutes 00 seconds East, along the south
line of said Livaudais tract and generally along the center of
Prince Lane, a distance of 3978.54 feet to the POINT OF BEGINNING
and containing 9,668,333 square feet, or 221.95 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. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1855 passed the Senate on
May 10, 2005, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 24, 2005, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1855 passed the House, with
amendment, on May 20, 2005, by the following vote: Yeas 139,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor