87(R) HB 4605 - Enrolled version



	H.B. No. 4605

AN ACT

relating to the creation of the New Waverly Municipal Management

District No. 1; providing authority to issue bonds and impose

assessments, fees, and taxes.

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

SECTION 1. Subtitle C, Title 4, Special District Local Laws

Code, is amended by adding Chapter 3992 to read as follows:

CHAPTER 3992. NEW WAVERLY MUNICIPAL MANAGEMENT DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3992.0101. DEFINITIONS. In this chapter:

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

(2) "City" means the City of New Waverly, Texas.

(3) "Commission" means the Texas Commission on

Environmental Quality.

(4) "Director" means a board member.

(5) "District" means the New Waverly Municipal

Management District No. 1.

Sec. 3992.0102. CREATION AND NATURE OF DISTRICT. The

district is a special district created under Sections 52 and 52-a,

Article III, and Section 59, Article XVI, Texas Constitution.

Sec. 3992.0103. PURPOSE; LEGISLATIVE FINDINGS. (a) The

creation of the district is essential to accomplish the purposes of

Sections 52 and 52-a, Article III, and Section 59, Article XVI,

Texas Constitution, and other public purposes stated in this

chapter. By creating the district and in authorizing the city and

other political subdivisions to contract with the district, the

legislature has established a program to accomplish the public

purposes set out in Section 52-a, Article III, Texas Constitution.

(b) The creation of the district is necessary to promote,

develop, encourage, and maintain employment, commerce,

transportation, housing, tourism, recreation, the arts,

entertainment, economic development, safety, and the public

welfare in the district.

interpreted to relieve the city from providing the level of

services provided to the area in the district as of the effective

date of the Act enacting this chapter. The district is created to

supplement and not to supplant the city services provided in the

district.

Sec. 3992.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.

(a) The district is created to serve a public use and benefit.

(b) All land and other property included in the district

will benefit from the improvements and services to be provided by

the district under powers conferred by Sections 52 and 52-a,

Article III, and Section 59, Article XVI, Texas Constitution, and

other powers granted under this chapter.

municipal management district as provided by general law and

Sections 52 and 52-a, Article III, and Section 59, Article XVI,

Texas Constitution.

(d) The creation of the district is in the public interest

and is essential to:

(1) further the public purposes of developing and

diversifying the economy of the state;

(2) eliminate unemployment and underemployment;

(3) develop or expand transportation and commerce; and

(4) provide quality residential housing.

(e) The district will:

(1) promote the health, safety, and general welfare of

residents, employers, potential employees, employees, visitors,

and consumers in the district, and of the public;

(2) provide needed funding for the district to

preserve, maintain, and enhance the economic health and vitality of

the district territory as a community and business center;

(3) promote the health, safety, welfare, and enjoyment

of the public by providing pedestrian ways and by landscaping and

developing certain areas in the district, which are necessary for

the restoration, preservation, and enhancement of scenic beauty;

and

(4) provide for water, wastewater, drainage, road, and

recreational facilities for the district.

(f) Pedestrian ways along or across a street, whether at

grade or above or below the surface, and street lighting, street

landscaping, parking, and street art objects are parts of and

necessary components of a street and are considered to be a street

or road improvement.

(g) The district will not act as the agent or

instrumentality of any private interest even though the district

will benefit many private interests as well as the public.

Sec. 3992.0105. DISTRICT TERRITORY. (a) The district is

composed of the territory described by Section 2 of the Act enacting

this chapter, as that territory may have been modified under other

law.

(b) The boundaries and field notes contained in Section 2 of

the Act enacting this chapter form a closure. A mistake 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 contract;

(3) authority to borrow money or issue bonds or other

obligations or to pay the principal and interest of the bonds or

other obligations;

(4) right to impose or collect an assessment, or

collect other revenue; or

(5) legality or operation.

Sec. 3992.0106. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec. 3992.0107. CONSTRUCTION OF CHAPTER. This chapter

shall be liberally construed in conformity with the findings and

purposes stated in this chapter.

Sec. 3992.0108. CONFLICTS OF LAW. This chapter prevails

over any provision of Chapter 375, Local Government Code, that is in

conflict or inconsistent with this chapter.

Sec. 3992.0109. CONSENT OF MUNICIPALITY REQUIRED. The

board may not hold an election to authorize the issuance of bonds

until the governing body of the city by ordinance or resolution

consents to the creation of the district and to the inclusion of

land in the district. The city's consent must be granted in the

manner provided by Section 54.016, Water Code, for including land

within the corporate limits or extraterritorial jurisdiction of a

city.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3992.0201. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five directors who serve staggered terms of

four years, with two or three directors' terms expiring June 1 of

each even-numbered year.

(b) The governing body of the city, by a majority vote,

shall appoint one member of the board.

in the manner provided by Section 3992.0202.

Sec. 3992.0202. APPOINTMENT BY COMMISSION. (a) Before the

term of a director appointed by the commission expires, the board

shall recommend to the commission a person to serve as a successor

director. The commission shall appoint as director the person

recommended by the board.

(b) A person recommended by the board under Subsection (a)

must be:

(1) at least 18 years of age;

(2) an owner of property in the district;

(3) an owner of stock, whether beneficial or

otherwise, of a corporate owner of property in the district;

(4) an owner of a beneficial interest in a trust that

owns property in the district; or

(5) an agent, employee, or tenant of a person

described by Subdivision (2), (3), or (4).

Sec. 3992.0203. VACANCY. (a) Except as provided by

Subsection (b), if a vacancy occurs on the board, the remaining

directors shall appoint a director for the remainder of the

unexpired term.

(b) If a vacancy occurs in the position of the board member

appointed by the city, the city shall appoint a director for the

remainder of the unexpired term.

Sec. 3992.0204. COMPENSATION; EXPENSES. (a) The district

may compensate each director in an amount not to exceed $150 for

each board meeting. The total amount of compensation a director may

receive each year may not exceed $7,200.

(b) A director is entitled to reimbursement for necessary

and reasonable expenses incurred in carrying out the duties and

responsibilities of the board.

Sec. 3992.0205. INITIAL 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 according to the most recent certified tax appraisal rolls

for the county may submit a petition to the commission requesting

that the commission appoint as initial directors four persons named

in the petition. The commission shall appoint as initial directors

the persons named in the petition.

(b) The initial directors, including the initial

city-appointed director, shall determine by lot which three

positions expire June 1, 2024, and which two positions expire June

1, 2022.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3992.0301. GENERAL POWERS AND DUTIES. The district

has the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 3992.0302. IMPROVEMENT PROJECTS AND SERVICES. The

district may provide, design, construct, acquire, improve,

relocate, operate, maintain, or finance an improvement project or

service using money available to the district for the purpose, or

contract with a governmental or private entity to provide, design,

construct, acquire, improve, relocate, operate, maintain, or

finance an improvement project or service authorized under this

chapter or Chapter 375, Local Government Code.

Sec. 3992.0303. LOCATION OF IMPROVEMENT PROJECT. A

district improvement project may be located inside or outside of

the district.

Sec. 3992.0304. NO EMINENT DOMAIN. The district may not

exercise the power of eminent domain.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 3992.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The

board by resolution shall establish the number of directors'

signatures and the procedure required for a disbursement or

transfer of the district's money.

Sec. 3992.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES.

The district may acquire, construct, or finance an improvement

project or service authorized by this chapter or Chapter 375, Local

Government Code, using any money available to the district for that

purpose.

SUBCHAPTER E. TAXES AND BONDS

Sec. 3992.0501. OPERATION AND MAINTENANCE TAX. The

district may impose an operation and maintenance tax on taxable

property in the district for any district purpose in the manner

provided by Section 49.107, Water Code, if authorized by a majority

of the district voters voting at an election held in accordance with

the Water Code, the Election Code, and any other applicable law,

including for:

(1) maintaining and operating the district;

(2) constructing or acquiring improvements; or

(3) providing a service.

Sec. 3992.0502. TAXES FOR BONDS AND OTHER OBLIGATIONS. At

the time bonds or other obligations payable wholly or partly from ad

valorem taxes are issued:

(1) the board shall impose a continuing direct annual

ad valorem tax for each year that all or part of the bonds are

outstanding; and

(2) the board annually shall impose an ad valorem tax

on all taxable property in the district in an amount sufficient to:

(A) pay the interest on the bonds or other

obligations as the interest becomes due; and

(B) create a sinking fund for the payment of the

principal of the bonds or other obligations when due or the

redemption price at any earlier required redemption date.

SECTION 2. The New Waverly Municipal Management District

No. 1 initially includes all the territory contained in the

following area:

Tract 1 - 101.605 Acres:

FIELDNOTES TO 101.605 ACRES OF LAND AS SITUATED IN THE CITY OF

NEW WAVERLY, IN THE C. A. SLEIGHT SURVEY, A-496, WALKER COUNTY,

TEXAS, AND BEING OUT OF THAT CERTAIN CALLED 132.629 ACRE TRACT

CONVEYED BY JOE T. HODDE, TRUSTEE, TO HMH-WALKER 140 LIMITED BY DEED

RECORDED IN VOLUME 255, PAGE 1 OF THE DEED RECORDS OF SAID COUNTY.

SAID 101.605 ACRES BEING MORE PARTICULARY DESCRIBED BY METES AND

BOUNDS AS FOLLOWS:

BEGINNING at a 1/2 inch iron rod set for the north corner of this and

of said 132.629 acres on the southwest right-of-way of State

Highway 150, same being the east corner of the Emma Reese 1.0 acre

tract described in Volume 265, Page 625 of said deed records;

THENCE: S 59° 58' E 647.74 Ft., with said southwest right-of-way, to

a 1/2 inch iron rod set for an exterior corner of this tract, same

being the north corner of proposed New Waverly Ridge II Commercial

Lot 4;

THENCE: S 30° 02' W 600.00 Ft., on a line within said 132.629 acres

and with the northwest line said Lot 4 to its west corner, a 1/2 inch

iron rod set for an interior corner of this tract;

THENCE: S 59° 58' E 300.00 Ft., continuing within said 132.629 acres

and with the southwest line of said Lot 4 to its south corner, a 1/2

inch iron rod set for an interior corner of this tract;

THENCE: N 30° 02' E 600,00 Ft., continuing within said 132.629 acres

and with the southeast line of said Lot 4 to its east corner, a 1/2

inch iron rod set for an exterior corner of this tract on the

northeast line of said 132.629 acres, same being on the southwest

right-of-way of said State Highway 150;

THENCE: S 59° 58' E 669.60 Ft., with said southwest right-of-way and

132.629 acre northeast line, to a 1/2 inch iron rod set for an

exterior corner of this tract, same being the north corner of

proposed New Waverly Ridge II Commercial Lot 1;

THENCE: S 30° 02' W 600.00 Ft., on a line within said 132.629 acres

and with the northwest line of said Lot 1 to its west corner, a 1/2

inch iron rod set for an interior corner of this tract;

THENCE: S 59° 58' E 836.94 Ft., continuing within said 132.629 acres

and with the southwest lines of said Lot 1, of New Waverly Ridge

Commercial Lot 2 as shown on plat recorded in Volume 3, Page 130 of

the plat records of said county and of New Waverly Ridge Commercial

Lot 3, as shown on plat recorded in Volume 3, Page 154 of said plat

records to a 1/2 inch iron rod set for an interior corner of this

tract, same being the south corner of said New Waverly Ridge Lot.3;

THENCE: N 30° 02' E 591.12 Ft., continuing on said 132.629 acres and

with the southeast lines of said New Waverly Ridge Lot 3 to its east

corner, a 1/2 inch iron rod set for an exterior corner of this tract

on the southwest right-of-way of said State Highway 150, same being

on the northeast line of said 132.629 acres;

THENCE: S 58° 03° E 80.04 Ft., with said southwest right-of-way and

being 132.629 acre northeast line, to a 1/2 inch iron rod set for

the upper east corner of this tract, same being the north corner of

the proposed New Waverly Ridge Commercial Lot 4;

THENCE: N 30° 02' W 588.44 Ft., on a line within said 132.629 acres

and with the northwest line of said New Waverly Ridge Lot 4 to its

west corner, a 1/2 inch iron rod set for an interior corner of this

tract;

THENCE: S 59° 58' E 286.28 Ft., continuing within said 132.629 acres

and with the southwest line of said Lot 4 to its south corner, a 1/2

inch iron rod set for the east corner of this tract on the northwest

line of New Waverly Ridge Commercial Lot 1 as shown on plat recorded

in Vole 3, Page 130 of said plat records;

THENCE: S 16° 03' W 516.29 Ft., continuing within said 132.629 acres

and with said Lot 1 northwest line to its west corner, a 1/2 inch

iron rod set for the lower east corner of this tract on the

southeast line of said 132.629 acres, same being on the northwest

right-a-way of Longstreet Road;

THENCE: With said 132.629 acre southeast line and Longstreet Road

northwest right-of-way as follows:

S 81° 03' W 45.11 Ft.

S 80° 05' W 216.95 Ft.

S 77° 48' W 222.57 Ft.

S 75° 05' W 122.55 Ft.

to a 1/2 inch iron rod set for an exterior corner of this tract, same

being the east corner of the Southwestern Bell Telephone Company

0.057 acre tract described in Volume 423, Page 556 of said deed

records;

THENCE: N 10° 43' W 50.00 Ft., on a line within said 132.629 acres

and with the northeast line of said 0.057 acre to its north corner,

a 1/2 inch iron rod set for an interior corner of this tract;

THENCE: S 75° 05' W 50.00 Ft., continuing within said 132.629 acres

and with the northwest line of said 0.057 acre to its west corner, a

1/2 inch iron rod set for an interior corner of this tract;

THENCE: S 10° 43' E 50.00 Ft., continuing within said 132.629 acres

and with the southwest line of said 0.057 acre to its south corner,

a concrete monument found for exterior corner of this tract on the

southeast line of said 132.629 acres, same being on the northwest

right-of-way of said Longstreet Road;

THENCE: S 74° 19' W 472.13 Ft. and S 68° 33' W 147.67 Ft., with said

132.629 acre southeast line and Longstreet Road northwest

right-of-way, to a 3 inch iron pipe found for the south corner of

this and of said 132.629 acres, same being the east corner of the

Western Grove Missionary Baptist Church tract which no deed of

record was located;

THENCE: N 24° 49' W 170.48 Ft, with the northeast line of said church

tract to its north corner, a 1/2 inch iron rod set for an interior

corner of this tract;

THENCE: S 53° 09' W 157.03 Ft., with the northwest line of said

church tract to its west corner, a 1/2 inch iron rod set for an

exterior corner of this tract on the northeast line of Fritz Kelly

2.0 acre tract described in Volume 123, Page 716 of said deed

records;

THENCE: N 60° 07' W 1003.34 Ft., with the southwest line of said

132.629 acres and the northeast lines of said 2.0 acres, of the

Jimmie Cain Jr. 5.89 acre tract described in Volume 252, Page 75 of

the official records of said county, of the Jourdon Sanders 1.0 acre

tract described in Volume 395, Page 899 of said deed records and of

the Mildred Harris 1.07 acre tract described in Volume 227, Page 285

of said deed records, to a 1 inch iron pipe found for an exterior

corner of this tract, same being the south corner of the City of New

Waverly 2.8708 acre tract described in Volume 425, Page 874 of said

deed records;

THENCE: N 29° 55' E 304.96 Ft., with the southeast line of said

2.8708 acres to its east corner, a 1 inch iron pipe found for an

interior corner of this tract;

THENCE: N 60° 07' W 409.90 Ft., with the northeast line of said

2.8708 acres to its north comer, a 1 inch iron pipe found for an

interior corner of this tract;

THENCE: S 29° 51' W 304.96 Ft., with the northwest line of said

2.8708 acres to its west corner, a 1 inch iron pipe found for an

exterior corner of this tract on the southwest line of said 132.629

acres, same being on the northeast line of the Roy Clark 2.44 acre

tract described in Volume 311, Page 569 of said deed records;

THENCE: N 60° 07' W 389.41 Ft., with said 132.629 acre southwest line

and the northeast lines of said 2.44 acres and of the Patricia L.

Crowley 0.771 acre described as Tract One in Volume 248, Page 497 of

said official records, to a 1/2 inch iron rod set for an exterior

corner of this and of said 132.629 acres on the northeast

right-of-way of Interstate Highway 45, same being the north corner

of said 0.771 acre;

THENCE: N 11° 12' W 46.73 Ft., with said northeast right-of-way, to a

1/2 inch iron pipe found for the west corner of this and of said

132.629 acres, same being the south corner of the Patricia L.

Crowley 2.559 acres described as Tract Two in Volume 248, Page 497

of said official records;

THENCE: N 30° 27' E 507.40 Ft., with the southeast line of said 2.559

acres to its east corner, a 1/2 inch iron rod found for an interior

corner of this and of said 132.629 acres, same being the south

corner of the Artie L. Moses, et. al., residue of a 15 acre tract

described in Volume 272, Page 667 of said official records;

THENCE: N 29° 57' E 542.03 Ft., with the southeast line of said

residue of 15 acres to its east corner, a 5/8 inch iron rod found for

an interior corner of this and of said 132.629 acres, same being the

south corner of the Ned Jourdan 3.842 acre tract described in Volume

390, Page 640 of said deed records;

THENCE: N 29° 47' E 960.15 Ft., with the southeast lines of said

3.842 acres, of the Frances Gi1laspie 1.50 acre tract described in

Volume 162, Page 85 of said deed records and of said Reese 1.0 acre,

to the PLACE OF BEGINNING AND CONTAINING WITHIN THESE BOUNDS

101.605 ACRES OF LAND.

TRACT 2:

Being 1.07 acres of land, situated in the C.A. SLEIGHT Survey,

Abstract No. 496, Walker County, Texas, and being out of and a part

of the residue of a called 15.00 acre tract of land described in a

Deed Deed from Isom Mickle, et ux. to Lucretia Moses dated 17 Nov.

1925 and recorded in Volume 56, Page 147, Deed Records, Walker

County, Texas, said 1.07 acres being more definitely described by

metes and bounds as follows:

BEGINNING at the most westerly corner of the said 15 acre tract,

same being a northern corner of a called 523.55 acre tract described

in a Deed from John Henry Hall et al to Judy C. Campbell recorded in

Volume 0861, Page 140, Official Records and being a point in the

southeastern line of a called 3.76 acre tract described in a Deed

from Joan Lee, Trustee to Ralph A. Cadwallader, recorded in Volume

0787, Page 501, Official Records, Walker County, Texas, found a 3"

iron pipe (set a 5/8" iron rod w/cap in center of pipe) for corner;

THENCE S 59°36'04" E along the common boundary line of said 523.55

acre Campbell tract and the said 15 acre Moses tract, a distance of

286.28 feet to a 5/8" iron rod set in the west right-of-way line of

Interstate 45, said iron rod being the most southern corner of the

herein described 1.07 acre and the southwest corner of a called 7.43

acre tract described in a Deed from Lucretia Moses to the State

Highway Commission, dated 5 Aug. 1958 and recorded in Volume 161,

Page 111, Deed Records, Walker County, Texas;

THENCE N 11°07'21" W along the said west right-of-way line of

Interstate 45, a distance of 435.60 feet to the most northern corner

of the herein described 1.07 acre tract, same being a southeast

corner of the said 3.76 acre Cadwallader tract, set a 5/8" iron rod

w/cap, from which a 1/2" iron rod bears S 29°57'48" W a distance of

1.62 feet, and a 5/8" iron rod w/cap brs. N 11°46'38" W a distance of

79.19 feet;

THENCE S 29°57'48" W along the common boundary line of the said 3.76

acre Cadwallader tract and the said 15 acre Moses tract, a distance

of 326.15 feet to the POINT OF BEGINNING.

Containing 1.07 acres of land.

TRACT 3:

Being 6.56 acres of land, situated in the C.A. SLEIGHT Survey,

Abstract No. 496, Walker County, Texas, and being out of and a part

of the residue of a called 15.00 acre tract of land described in a

Deed from Isom Mickle, et ux. to Lucretia Moses dated 17 Nov. 1925

and recorded in Volume 56, Page 147, Deed Records, Walker County,

Texas, said 6.56 acres being more definitely described by metes and

bounds as follows:

BEGINNING at the most southern corner of the said 15 acre tract,

same being the most eastern corner of a called 2.559 acre tract

described as Tract 2 in a deed dated 29 March 1995 from Martin J.

Ross III, et al to Patricia L. Crowley, recorded in Volume 0248,

Page 497, Official Records, and a point in the west line of a called

101.65 acre tract described in a Deed dated 26 April 2006 from

HMH-Walker 140 Limited to Thornberry Family Partnership, recorded

in Volume 0745, Page 678, Official Records, found a 1/2" iron rod

for corner;

THENCE N 30°01'04" W along an old barbed wire fence and with the

common line of said 101.65 acre Thornberry and the 15 acre Moses

tracts, a distance of 398.88 feet to a 5/8" iron rod set for the most

easterly corner of the said Moses tract, said iron rod also being

the south corner of called 1 acre tract described in a deed to Emma

Reece and recorded in Volume 273, Page 702, Deed Records and from

which a iron stake found (disturbed) brs S 60°38'04" E distance of

1.89 feet and a found 5/8" iron rod w/cap brs. N 30°01'04"E a

distance of 143.36 feet;

THENCE N 60°38'04 W along the common line of said 1 acre Reece and 15

acre Moses tracts, at a calculated distance of 285 feet pass the

southwest corner of said 1 acre Reece tract, same being the

southeast corner of a called 1 acre tract described in a deed to

Carolyn Anderson and recorded in Volume 389, Page 642, Deed

Records, and continuing on a total distance of 570 feet to a found

3/8"x2" flat iron stake (set a 5/8" iron rod w/cap beside) for a

reentrant corner of the said 15 acre Moses tract and the most

westerly corner of said 1 acre Anderson tract;

THENCE N 29°21'56" E with the common boundary line of the 1 acre

Anderson tract and the 15 acre Moses tract, a distance of 142.33 to

a 5/8" iron rod set for corner, said iron rod being the northwest

corner of said 1 acre Anderson tract and a point in the south line of

a 2 acre tract described in a deed to Lula Rogers, et al, and

recorded in Volume 83, Page 596, Deed Records, Walker County,

Texas;

THENCE N 60°44'12" W along common line of said 2 acre Rogers and 15

acre Moses tracts, at a distance of 97.32 feet pass a found 5"x 3.5"

wagon axle housing for the west corner of said 2 acre Rogers tract

and the south corner of the residue a called 7 acre tract described

in a deed to Harrison Hector and recorded in Volume 83, Page 595,

Deed Records, and continuing on for a total distance of 338.96 to a

set 5/8" iron rod for the most north corner of the herein described

tract, said iron rod being in the east right-of-way of said

Interstate 45 and being the southern corner of a called 2.67 acre

tract described in a deed to the State Highway Commission and

recorded in Volume 161, Page 161, Deed Records, Walker County,

Texas;

THENCE S 11°09'E with the said east right-of-way line of Interstate

45 a distance of 716.09 feet to a point for corner, said point being

in the southwest line of the said 15 acre tract and being the most

northern corner of the said Crowley 2.559 acre tract and from which

the center of a 3" galvanized fence post brs S 63°43'36"E a distance

of 0.42 feet, a 1/2" iron pipe (disturbed) brs S58°20'05"W a

distance of 1.06 feet and a 5/8" iron rod with cap (set for

reference) brs N 72° W a distance of 0.21 feet;

THENCE S 61°07'56" W with the common line of said 2.559 acre P.

Crowley and 15 acre Moses tracts, a distance of 439.22 feet to the

PLACE OF' BEGINNING.

Containing 6.56 acres of land.

Tract 4 - 4.846 ACRES:

A tract or parcel of land containing 4.846 acres (211,071 square

feet) out of the C.A. Sleight 1/3 League, Abstract No. 496, Walker

County, Texas, being all of the called 3.842 acre tract and all of

the called 1.000 acre tract conveyed to Ned Jordan, Jr., as recorded

in Volume 390, Page 640 of the Walker County Deed Records

(W.C.D.R.), said 4.846 acres being more particularly described by

metes and bounds as follows: (The basis of bearing for this

description is the monumented north line of the subject tract

called SOUTH 61 degrees 05 minutes 45 seconds EAST, as recorded in

said Volume 390, Page 640)

BEGINNING at a 1/2-inch iron rod found at the northwest corner of

said 1.000 acre tract and the northwest corner of the herein

described tract, being the northeast corner of the 2 acre tract

conveyed to Edward Crawford, as recorded in Volume 83, Page 596 of

the W.C.D.R., and the southwest corner of the 1.50 acre tract

conveyed to Frances Gillaspie, as recorded in Volume 162, Page 85 of

the W.C.D.R., lying at the terminus of Colony Road;

THENCE SOUTH 61 degrees 05 minutes 45 seconds EAST along the south

line of said 1.50 acre tract, at 264.05 feet passing a 5/8-inch iron

rod found at the northeast corner of said 1.000 acre tract and

continuing for a total distance of 473.50 feet to a 5/8-inch iron

rod found at the northeast corner of the herein described tract;

THENCE SOUTH 29 degrees 32 minutes 14 seconds WEST, 444.11 feet

(called S 29 Deg. 37'03" W, 444.12') along the west line of the

101.605 acre tract conveyed to the Thornberry Family Partnership,

Ltd., as recorded in Volume 776, Page 655 of the Official Public

Records of Walker County (O.P.R.W.C.), to a 5/8-inch iron rod found

at the southeast corner of the herein described tract;

THENCE NORTH 61 degrees 05 minutes 45 seconds WEST, 477.09 feet

(called 476.47') along the north lines of a 1 acre tract, described

as a save & except tract to Emma Reese and another 1 acre tract

conveyed to Carolyn Anderson, as recorded in Volume 389, Page 642 of

the W.C.D.R., to a 5/8-inch iron rod found at the southwest corner

of the herein described tract;

THENCE NORTH 30 degrees 00 minutes 00 seconds EAST along the east

line of said 2 acre Crawford tract, at 279.16 feet passing the

southwest corner of said 1.000 acre Jordan tract, and continuing

for a total distance of 444.17 feet to the POINT OF BEGINNING of the

herein described tract, containing 4.846 acres (211,071 square

feet) of land. Drawing No. B-502 was prepared to accompany this

description, and is on file in the office of C&R Surveying, Inc.

Tract 5:

Field Notes to 3.285 acres of land situated in the City of New

Waverly, in the C.A. Sleight Survey, A-496, Walker County, Texas,

and being out of the 124.818 acres residue of that certain called

132.629 acres tract conveyed by Joe. T. Hode, Trustee, to HMW-I40

Walker Limited by deed recorded in volume 253, page 1 of the deed

records of said Walker County, Texas, said 3.285 acres being more

particularly described by metes and bounds as follows;

BEGINNING at a 5/8 inch iron rod found for the northeast corner of

this and of said 124.818 acre residue tract, same being the

northwest corner of the Earl Biscamp 3.00 acre tract described in

Volume 338, Page 735 of the official records of said County and

being on the south right of way of State Highway 150;

THENCE: S 26°58' W 429.09 ft., with the west line of said 3.00 acres

to its southwest corner, a 5/8 inch iron rod found for an interior

corner of this tract, same being the northwest corner of commercial

lot 1 of New Waverly Ridge Subdivision as shown on plat recorded in

Volume 3, Page 130 of the plat records of said County;

THENCE: S 16°03' W 157.08 ft., with the west line of said Lot 1, to a

1/2 inch iron rod set for the southeast corner of this tract;

THENCE: N 59°58' W 286.28 ft., on a line within said 132.629 acres,

to a 1/2 inch iron rod set for the southwest corner of this tract;

THENCE: N 30°02' W 588.44 ft., continuing within said 132.629 acres,

to a 1/2 inch iron rod set for the northwest corner of this tract on

the south right of way of State Highway 150, same being the north

line of said 132.629 acres;

THENCE: S 58°03' E 225.49 ft., with said north line and south right

of way, to the place of beginning and containing within these bounds

3.285 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.

its recommendations relating to this Act with the governor,

lieutenant governor, and 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 have been

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, 2021.

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 4605 was passed by the House on May

14, 2021, by the following vote: Yeas 104, Nays 41, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 4605 was passed by the Senate on May

27, 2021, by the following vote: Yeas 30, Nays 1.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor