HomeMy WebLinkAboutRES 032409-N - Create Goodwater MUDRESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS REGARDING THE CREATION OF A
MUNICIPAL UTILITY DISTRICT TO BE LOCATED IN WILLIAMSON
COUNTY, TEXAS ON A TRACT CONSISTING OF APPROXIMATELY
600 ACRES OF LAND GENERALLY SITUATED IN THE BURRELL
EAVES SURVEY IN WILLIAMSON COUNTY, TEXAS AND LOCATED
PARTIALLY WITHIN THE CITY'S EXTRATERRITORIAL
JURISDICTION.
WHEREAS, a regular meeting of the City Council of the City of Georgetown, Texas
(the "City Council") was held on March 24, 2009;
WHEREAS, notice of this regular meeting was properly posted, and a quorum of the
City Council was present at the meeting;
WHEREAS, at the meeting, the City Council considered the draft legislation to be filed
in the 81st Session of the Texas Legislature related to the possible creation of a Municipal Utility
District in Williamson County, Texas to be located on approximately 600 acres of land in the
area shown on the attached "Exhibit A" which is within the City of Georgetown's extratenitorlal
jurisdiction;
WHEREAS, Article XVI, Section 59 (e) of the Texas Constitution provides that "No
law creating a conservation and reclamation district shall be passed unless, at the time notice of
the intention to introduce a bill is published as provided in Subsection (d) of this section, a copy
of the proposed bill is delivered to the commissioners court of each county in which said district
or any part there of is or will be located and to the governing body of each incorporated city or
town in whose Jurisdiction said district or any part thereof is or will be located. Each such
commissioners court and governing body may file its written consent or opposition to the
creation of the proposed district with the governor, lieutenant governor, and speaker of the house
of representatives. Each special law creating a conservation and reclamation district shall comply
with the provisions of the general laws then in effect relating to consent by political subdivision
to the creation of conservation and reclamation districts and to the inclusion of land within the
district;"
WHEREAS, the City of Georgetown Texas has received a copy of the proposed bill
entitled "AN ACT RELATING TO THE CREATION OF THE GOODWATER MUNICIPAL
UTILITY DISTRICT NO. l; PROVIDING AUTHORITY TO IMPOSE TAXES AND ISSUE
BONDS," a copy of which is attached hereto as "Exhibit B" and
352169-1 02/06/2009
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS THAT:
SECTION 1. The City Council does not object to the filing of the bill attached hereto as Exhibit
"B" relating to the future inclusion of the land shown in kxhibit `A in a Municipal Utility
District, provided that the District shall be subject to the telnms and conditions of this Resolution
and to any future ordinances or resolutions of the City of Georgetown that consents to the
creation of a District or to the inclusion of land in a District.
SECTION 2. This Resolution does not constitute the consent of the City Council to create a
Municipal Utility District on the land shown in Exhibit "A" or to include said land in a District,
which consent is required by Sections 8.004 and 8.107 of the bill attached hereto as Exhibit "B",
and the City Council expressly reserves the right to add limits or conditions to its future approval
of the creation of a Municipal Utility District on the land shown in Exhibit "A" or to include said
land in a District.
SECTION 3 Exhibits "A" and "B" are attached hereto and made a part hereof as if set forth in
full.
SECTION 4. The Mayor is hereby authorized to sign this Resolution, and the City Secretary to
attest.
S E{ CTIO\ 5. This Resolution shall be effective immediately upon adoption.
RESOLVED this
ATTEST:
Jessie.` amilton, +pity,:. retaty
Al PROVED AS TO FORM:
r
/ ? 1
`Trish Carls, City Attorney
day of
THE CITY OF GEORGETOWN.
Georg G. Garver, Mayor
352169-1 02/06/2009
0
\
H
noe
[;XFtIBIT "A"
Rasoi_u I IoN No. 032409-N
GooDwArmR MUD
PAGE 1 0E1
EXHIBIT "A"
LSI 164b
GEORGSTOWN
TEXAS
Goodzvater Project
March 19, 2009
Legend
Site
City Limits
Property L
- '- Stream / River
Water Body
0
1000
2,000
r^et
Coordinate, System-
Texas Slate Plane%CentraI Zone/NAD 83/US Foot
Cartographic Data For General PI annuli Purposes, Only
By:
A BILL TO BE ENTITLED
1 AN ACT
2 relating to the creation of the Goodwater Municipal Utility
3 District No. l; providing authority to impose taxes, issue bonds
4 and granting a limited power of eminent domain.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
6 SECTION 1_ Subtitle F, Title 6, Special District Local Laws
7 Code, is amended by adding Chapter 8 to read as follows:
8 CHAPTER 8 GOODWATER MUNICIPAL UTILITY DISTRICT NO. I
9
10 SUBCHAPTER A. GENERAL PROVISIONS
11 Sec. 8 .001. DEFINITIONS. In this chapter:
12 (1) "Board" means the district'sboard of
13 directors.
14 (2) "Director" means a boars. member.
15 (3) "District" means the Goodwater Municipal
16 Utility District: No 1.
17 Sec. 8 .002. NATURE OF DISTRICT. The district is
18 municipal utility district created under Section 59, Article XVI,
19 Texas Constitution.
20 Sec. 3 .003. CONFIRMATION AND DIRECTORS' ELECTION
21 REQUIRED. The temporary directors shall hold an election to
22 confirm the creation of the district and to elect five permanent
23 directors as provided by Section 49.102, Water Code.
352133-3 02/'_0/
Exrr r [irr "13"
RESOLUTION No. 032409-N
GOODWATER MUD
PAGE 1 OF 28
Page - 1
1 XHIBTT „B„
1 Sec. 8 .004. CONSENT OF MUNICIPALITY REQUIRED. The
2 temporary directors may not hold an election under Section 8 .003
3 until each municipality in whose corporate
limits or
4 extraterritorial jurisdiction the district is located has consented
5 by ordinance or resolution to the creation of the district and to
6 the inclusion of land in the district.
7 Sec. 8 .005. FINDINGS OE PUBLIC PURPOSE AND BENEFIT.
8 (a) The district is created to serve a public purpose and
9 benefit.
10 (b) The district is created to accomplish the purposes of:
11 as provided by
12 general law and Section 59, Article XVI, Texas Constitution; and
13 (2) Section 52, Article III, Texas Constitution,
14 that relate iu rovement,
15 oiler
16
17 and
18 (3) Section 52-a, Article III, Texas Constitution
19 to promote, develop, encourage, and maintain employment, commerce,
20 economic development, and the public welfare in the district.
21 Sec. 8 .006. INITIAL DISTRICT TERRITORY. (a) The
22 described by
(1) a municipal utility district
to the construction, acquisition, i
tion, or maintenance of macadamized, graveled, or paved roads,
or improvements, including storm drainage, in aid
of those roads;
district is initially composed of the territory
23 Section 2 of the Act creating this chapter.
24
25 Section 2 of the Act creating this chapter form
(b) The boundaries and field notes
3 02/10/2009
EX N113PP"B„
RESOLUTION No. 032409-N
GoouwvTra MUD
PAGE 2 of 28
Page -2
contained
a closure. A
1 mistake made in the field notes or in copying the field notes in
2 the legislative process does not affect the district's:
3 (1) organization, existence, or validity;
4 (2) right to issue any type of bond for the
5 purposes for which the district is created or to pay the principal
6 of and interest on a bond;
7 (3) right to impose a tax; or
8 (4) legality or operation.
9 Sec. 8 .007. RELATION TO OTHER LAW. If any provision
10 of the general law, including a provision incorporated by reference
11 in this chapter, is in conflict or inconsistent with this chapter,
12 r_h1s chapter prevails.
13 Sec. 8 .008. LIBERAL CONSTRUCTION OF CHAPTER_ This
14 chapter shall be liberally construed in conformity with the
15 findings and purposes stated in this chapter.
16 [Sections 8 .009-8 .050 reserved for expansion]
17 SUBCHAPTER B. BOARD OF DIRECTORS
18 Sec. 8 _051. GOVERNING BODY; TERMS. (a) The
19 district is governed by a board of five elected directors_
20 (b) Except as provided by Section 8 .052, directors
21 serve staggered four-year terms.
22 Sec. 8 .052. TEMPORARY DIRECTORS.
23 (a) On or after the effective date of the Act creating
24 this chapter, the owner or owners of a majority of the assessed
25 value of the real property in the district may submit a petition to
352133-3 02/10/2009
ExHBIT „13„
RESOLUTION No. 032409-N
GOODWATER MUD
PACE 3 of 28
Page -3
1 the Texas Commission on Environmental Quality requesting that the
2 commission appoint as temporary directors the five persons named in
3 the petition. The commission shall appoint as temporary directors
4 the five persons named in the petition.
5 (b) Temporary directors serve until the earlier of:
6 (1) the date permanent directors are elected
7 under Section 8 .003; or
8 (2) the fourth anniversary of the effective date
9 of the Act creating this chapter.
10 (c) If permanent directors have not been elected under
11 Section 8 .003 and the terms of the temporary directors have
12 expired, successor temporary directors shall be appointed or
13 reappointed as provided by Subsection (d) to serve terms that
14 expire on the earlier of:
15 (1) the date permanent directors are elected
16 under Section 8 .003; or
17 (2) the fourth anniversary of the date of the
18 appointment or reappointment.
19 (d) If Subsection (c) applies, the owner or owners of
20 a majority of the assessed value of the real property in the
21 district may submit a petition to the commission requesting that
22 the commission appoint as successor temporary directors the five
23 persons named in the petition. The commission shall appoint as
24 successor temporary directors the five persons named in the
25 petition.
352133-3 02/10/2009
fixFuI ,,I3„
REsm rio:N No. 032409-N
GooDWATER MUI)
PAGE 4 OF 28
Page -4
2
3
4
5
6
[Sections 8 .053-8 .100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8 _101_ GENERAL POWERS AND DUTIES. The
district has the powers and duties necessary to accomplish the
purposes for which the district is created.
Sec. 8 .102. MUNICIPAL UTILITY DISTRICT POWERS AND
7 DUTIES. The district has the powers and duties provided by the
8 general law of this state, including Chapters 49 and 54, Water
9 Code, applicable to municipal utility districts created under
10 Section 59, Article XVI, Texas Constitution.
11 Sec. 8 .103. AUTHORITY FOR ROAD PROJECTS. Under
12 Section 52, Article III, Texas Constitution, the district may
13 design, acquire, construct, finance, issue bonds for, improve,
14 operate, and maintain, and may convey to this state, a county, or a
15 municipality for operation and maintenance, macadamized, graveled,
16 or paved roads, or improvements, including storm drainage, in aid
17 of those roads.
18 Sec. 8 .104. ROAD STANDARDS AND REQUIREMENTS. (a) A
19 road project must meet all applicable construction standards,
20 zoning and subdivision requirements, and regulations of each
21 municipality in whose corporate limits or extraterritorial
22 jurisdiction the road project is located.
23 (b) If a roaa project is not located in the corporate
24 1i.nits or extraterritorial jurisdiction of a municipali , the road
25 project must meet all applicable construction standards,
5:f?33-3 02/10/2009
Pace
EXHIBIT "Li"
RESOLUTION No. 032409-N
GOODWATER MUD
PAGE 5 or 28
1 subdivision requirements, and regulations of each county in which
2 the road project is located.
3 (c) If the state will maintain and operate the road,
4 the Texas Transportation Commission must approve the plans and
5 specifications of the road project.
6
Sec. 8 .105. LIBRARY DISTRICT POWERS AND
7 DUTIES. The district may exercise the powers of a library district
8 created under Chapter 326, Local Government Code.
9 Sec. 8 .106. POWERS AND DUTIES OF ECONOMIC
10 DEVELOPMENT CORPORATION. The district may exercise the powers of a
11 corporation created under Chapter 505, Local Government Code.
12 Sec. 8 _107. COMPLIANCE TAITH MUNICIPAL CONSENT
13 ORDINANCE OR RESOLUTION. The district shall comply with all
14 applicable recuirements of any ordinance or resolution that is
15 adopted under Section 54.016 or 54.0165, Water Code, and that
16 consents to the creation of the district or to the inclusion of
17 land in the district.
18 Sec. 8 .108. LIMITATION ON USE OF EMINENT DOMAIN.
19 The district may not exercise the power of eminent domain outside
20 the district to acquire a site or easement for:
21 (1) a road project authorized by Section 8 103
22 that is not contiguous to the district; or
23 (2) a recreational facility as defined by Section
24 49.462, Water Code.
25
Ex i u1T "B"
RESOLUTION No. 032409-N
GooDwA'nnt MUD
PAGE 6OF28
Sec. 8 .109. POWER TO DIVIDE. The district will
352133-3 02/10/2009
Page
1 constitute an original district within the meaning of Sec.
2 51.748(a), Water Code, and will have the power to divide into two
3
4
5
6
7
8 [Sections 8
9
10
11
12
13
14
15 8 .153.
16
17
18
19
20
21
22
23 voting
24
25 authorized at an election held under Section
o r more contiguous districts in accordance with the procedures
e stablished by Sec. 51.749-753, Water Code. Any district created
by such division will constitute a municipal utility district and
will have all of the powers and duties provided in this Chapter,
e xcept the power to divide under this Section.
.110-8 .150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8 .151_ ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section
2133-3 02/10/2009
EXHIBIT"b"
RESOLUTION No. 032409-N
GOODWATEK MIL)
PACE 70r28
Page -7 -
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter
approval before the district may impose an ad valorem tax, sales
and use tax, or issue bonds payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad
valorem taxes to finance a road project unless the issuance is
approved by a vote of a two-thirds majority of the district voters
at an election held for that purpose_
Sec. 8 .152. OPERATION AND MAINTENANCE TAX. (a.) If
.151., the district
1 may.impose an operation and maintenance tax on taxable property in
2 the district in accordance with Section 49.107, Water Code.
3 (b) The board shall determine the tax rate_ The rate
4 may not exceed the rate approved at the election.
5 Sec. 8 .153. CONTRACT TAXES. (a) In accordance
6 with Section 49.108, Water Code, the district may impose a tax
7 other than an operation and maintenance tax and use the revenue
8 derived from the tax to make payments under a contract after the
9 provisions of the contract have been approved by a majority of the
10 cistrict voters voting at an election held for that purpose.
11 (b) A contract approved by the district voters may
12 contain a provision stating that the contract may be modified or
13 amended by the board without further voter approval_
14 Sec. 8 .154. HOTEL OCCUPANCY TAX. (a) A district
15 may impose, by the adoption of an order or resolution, a hotel
16 occupancy tax on a person who pays for the use or possession of or
17 for the right to the use or possession of a room that is ordinarily
18 used for sleeping in a hotel in the district and that costs $2 or
19 more each day.
20 (b) A district's hotel occupancy tax revenues may be
21 used for any purpose authorized in this subchapter.
22 (c) The hotel occupancy tax rate is the greater of
23 nine percent or the rate imposed by the municipality in whose
24 extraterritorial jurisdiction the district is located_
25 (d) The price of a room in a hotel does not include
352133-3 02/10/2009
EX/ n>i'i „B„
RESOLUTION No. 032409-N
GOODIV ATE.R MUD
PACE80E28
Page -8 -
1 the cost of food served by the hotel and the cost of personal
2 services performed by the hotel for the person except for those
3 services related to cleaning and readying the room for use or
4 possession.
5 (e) "Hotel" has the meaning assigned by Section
6 156.001(1), Texas Tax Code.
7 [Sections 8 .155-8 .200 reserved for expansion]
8 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
9 Sec. 8 .201. AUTHORITY TO ISSUE BONDS AND OTHER
10 OBLIGATIONS. The district may issue bonds or other obligations
11 payable wholly or partly from ad valorem taxes, impact fees,
12 revenue, contract payments, grants, or other district money, or any
13 combination of those sources, to pay for any authorized district
14 purpose_
15 Sec. 8 .202. TAXES FOR BONDS. At the time the
16 district issues bonds payable wholly or partly from ad valorem
17 taxes, the board shall provide for the annual imposition of a
18 continuing direct ad valorem tax, without limit as to rate or
19 amount, while all or part of the bonds are outstanding as required
20 and in the manner provided by Sections 54.601 and 54.602, Water
21 Code.
22 Sec. 8 .203. BONDS FOR ROAD PROJECTS. At the time
23 of issuance, the total principal amount of bonds or other
24 obligations issued or incurred to finance road projects and payable
25 from ad valorem taxes may not exceed one-fourth of the assessed
352133-3 02/10/2009
LXHIBlT "I3"
RESOLUTION No. 032409-N
GOODWATER MUD
PAGE9OF28
Page -9 -
1 value of the real property in the district.
2 [Sections 8 .204-8 .250 reserved for expansion]
3 SUBCHAPTER F. SALES AND USE TAX
4 Sec. 8 .251. SALES AND USE TAX; EXCISE
5 TAX. (a) For purposes of this section:
6 (1) "Taxable items" includes all items that could be
7 subject to a sales and use tax imposed by Williamson County.
8 (2) "Use," with respect to a taxable service, means
9 the derivation in the district of direct or indirect benefit from
10 the service.
11 (b) The district may impose a sales and use tax if
12 authorized by a majority of the district voters voting at an
13 election held for that purpose.
14 (c) If the district adopts a sales and use tax:
15 (1) a tax is imposed on the receipts from the sale at
16 retail of taxable items in the district; and
17 (2) an excise tax is imposed on the use, storage, or
18 other consumption in the district of taxable items purchased,
19 leased, or rented from a retailer during the period that the tax is
20 effective in the district.
21 (d) The rate of the excise tax is the same as the rate
22 of the sales tax portion of the tax applied to the sales price of
23 the taxable items and is included in the sales tax.
24 Sec. 8 .252. TAX ELECTION PROCEDURES (a) Except
25 as provided by Subsection (b), the board may order an election to
352133-3 02/10/2009
Exiii 3 "F"13„
RFSOLU HON No. 032,09-N
GOODWATER MUD
P.AGE10 OF28
Page -10 -
1 adopt, change the rate of, or abolish a sales and use tax. The
2 election may be held at the same time and in conjunction with a
3 directors' election.
4 (b) The board may not call an election to abolish a
5 sales and use tax or to reduce the rate of the sales and use tax
6 below the amount pledged to secure payment of any outstanding
7 district debt while any district debt remains outstanding.
8 (c) Notice of the election shall be given and the
9 election shall be held in the manner prescribed for bond elections
10 under Subchapter D, Chapter 49, Water Code.
11 Sec. 8 .253. BALLOT WORDING. (a) In an election to
12 adopt the tax, the ballot shall be prepared to permit voting for or
13 against the proposition: "The adoption of a local sales and use
14 tax in the Goodwater Municipal Utility District No. (fill in
15 appropriate district number) at the rate of (proposed tax rate)_"
16 (b) In an election to change the rate of the sales and
17 use tax, the ballot shall be prepared to permit voting for or
18 against the proposition: "The (increase or decrease, as
19 applicable) in the rate of the local sales and use tax imposed in
20 the Goodwater Municipal Utility District No. (fill in appropriate
21 district number) from (tax rate on election date) percent to
22 (proposed tax rate) percent."
23 (c) In an election to abolish the sales and use tax,
24 the ballot shall be prepared to permit voting for or against the
25 proposition: "The abolition of the localsales and use tax iri the
352133-3 02/10/2009
L'XHII3IT -13"
RESOLUTION No. 032409-N
GOODW A rER MUD
PAGE 11 OF 28
Page -11 -
1 Goodwater Municipal Utility District No. (fill in appropriate
2 district number)."
3 Sec. 8 .254. IMPOSITION, COMPUTATION,
4 ADMINISTRATION, AND GOVERNANCE OF TAXES. (a) Chapter 323, Tax
5 Code, to the extent not inconsistent with this chapter, governs the
6 application, collection, and administration of the sales and use
7 tax and the excise tax, except that Sections 323.401-323.406, and
8 323.505, Tax Code, do not apply. Subtitles A and B, Title 2, and
9 Chapter 151, Tax Code, govern the administration and enforcement of
10 the sales and use tax and the excise tax.
11 (b) Chapter 323, Tax Code, does not apply to the use
12 and allocation of revenue under this chapter.
13 (c) In applying Chapter 323, Tax Code:
14 (1) a reference in that chapter to "the county" means
15 the district; and
16 (2) a reference in that chapter to the "commissioners
17 court" means the board.
18 (d) The district is entitled to examine and receive
19 information related to the imposition and collection of sales and
20 use taxes to the same extent as if the district were a municipality
21 under Subchapter D, Chapter 321, Tax Code.
22 Sec. 8 .255. TAX RATES. (a) The district may impose
23 the sales and use tax in increments of one -eighth of one percent,
24 with a minimum tax of one-half percent and a maximum tax of two
25 percent.
352133--3 02/10/2009
EXHIBIT „B„
REso Ul ION No.032409-N
GOODwATER MUD
PAGE 12 OF 28
Page -12 -
1
Sec. 8 .256. ABOLITION OF TAX. The board by order may
2 abolish the local sales and use tax rate without an election.
3 Sec. 8 .257. USE OF TAX. The district may use the proceeds
4 from a tax collected under this chapter for any purposes for which
5 the district was created.
6 Sec. 8 .258. EFFECTIVE DATE OF TAX OR TAX CHANGE. The
7 adoption of a tax rate or change in the tax rate takes effect after
8 the expiration of the first complete calendar quarter occurring
9 after the date on which the comptroller receives a notice of the
10 results of the election_
11 SECTION 2. The Goodwater Municipal Utility District No. 1
12 initially includes all the territory contained in the following
13 area:
14 TRACT ONE:
15 BEING 414.78 acres of the Burrell Eaves Survey, Abstract No.
16 216, in Williamson County, Texas. This tract includes part of the
17 property (3 tracts) which were conveyed to J_ N. Adkins, et ux. of
18 record in Vol. 328, Pg. 331, Deed Records of Williamson County,
19 Texas. This tract was surveyed on the ground in August of 2005, by
20 William F. Forest, Jr., Registered Professional Land Surveyor No.
21 1E47.
22 BEGINNING at an iron pin which was set at the Northeast fence
23 corner of the J.N. Adkins tract called 34.2 acres (Tract 2) as
24 described in Vol. 328, Pg. 331_ This corner exists at the
25 intersection of the South line of County Road 147 with the West
352133-3 02/10/2009
nxtiusrr -ts
RESOLUTION No. 032409-N
G000wArER MUD
PAGE 13 OF 28
Page -13 -
1 line of County Road 234.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 min. 23 sec. W 2000.17 feet
22 feet to an iron pin found.
23
24
25
THENCE along or near the general line of an existing fence
with the West line of County Road 234, setting iron pins as
follows; S 14 deg. 12 min. 16 sec. W 1006.11 feet; S 14 deg. 51
min_ 53 sec. W 992.84 feet; and S 13 deg. 33 min_ 34 sec. W 416.78
feet to the Northeast corner of the 4 1/4 acre property conveyed to
the Church of Christ at Strickland Grove by deed of record in Vol.
111, Pg. 510.
THENCE with the North line of the Church tract (upstream with
the approximate center of Bee Branch), setting iron pins as
follows; S 86 deg, 12 min. 17 sec. W 65.40 feet; S 68 deg. 12 min_
42 sec. W 142.18 feet; N 68 deq. 33 min. 45 sec. W 28.04 feet; N 41
deg. 48 min. 23 sec. W 175.27 feet; S 79 deg. 35 min. 37 sec. W
102.40 feet; and S 67 deg. 20 min. 59 sec. N! 225.13 feet_
THENCE with the boundary of a 100 acre tract surveyed this
date, S 88 deg. 21 min. 38 sec. W 1669.98 feet to an iron pin set;
and S 31 deg_ 30 min. 55 sec. W 1459.02 feet to an iron pin set.
THENCE with the North line of State Highway 195, along or near
the general line of an existing fence, finding concrete right-of-
way markers, N 58 deg. 29 min. 05 sec. W 252.06 feet; N 58 deg. 2.8
and N 5
deg_ 29 min. 43 sec. W 289.47
THENCE with the East boundary of the Crisanto Perez property
described in Vol. 1470, pg. 298, along or near the general line of
an existing fence, N 23 deg. 39 min_ 06 sec. W 2206.68 feet to a
3 521 33-3 02/10/2009
Page -14 -
Exfll13lT "13"
RESOLUTION No. 032409-N
GOODW A"TBR MUD
PAGE 14 OF 28
1 pipe post found.
2 THENCE with the boundary of County Road 147, along or near the
3 general line of an existing fence setting iron pins as follows; N
4 69 deg. 45 min. 29 sec. E 422.90 feet; N 69 deg. 55 min_ 48 sec. E
5 1885.44 feet; N 70 deg. 04 min. 45 sec. E 2297.59 feet; N 87 deg.
6 50.min. 55 sec. E 59.60 feet; S 19 deg. 47 min 36 sec. E 1977.28
7 feet; and N 70 deg. 44 min. 56 sec. E 1774.08 feet to the POINT OF
8 BEGINNING.
9 TRACT TWO:
10 A tract or parcel of land containing 4.988 acres of land out of
11 the Burrell Eaves Survey, Abstract No. 216, Williamson County,
12 Texas, being all of a called 4.99 acre tract conveyed to the
13 William Erwin Kemp and Margaret Elizabeth Kemp Trust recorded under
14 Document No. 2.001006723 of the Official Public Records Of Williamson
15 County, Texas, said 4.988 acres being more particularly described by
16 metes and bounds as follows:
17 BEGINNING at a inch iron rod found at the most westerly corner of
18 the herein described tract, being a southerly corner of said Third
19 Tract, a residue of a 140.8 acre tract conveyed to J.N. Adkins, et
20 ux recorded in Volume 328, Page 331 of the Deed Records of
21 Williamson County, Texas and lying in the northeasterly right-of-
22 way line of Highway 195;
23 Thence, North 50°55'10" East, along an interior line of said Third
24 Tract, a distance of 467.27 feet to a inch iron rod found at the
25 most northerly corner of the herein described tract;
;2133-3 02/10/2009
L'.XH131f U
RESOLUTION No. 032409-N
GOODWATER MUD
PAGE15 or 28
Page -15 -
1 Thence, South 33°00'00" East (Bearing Basis), along an interior
2 line of said Third Tract, a distance of 707.49 feet to a inch
3 iron rod found at the most east corner of the herein described
4 tract and lying in the northerly right-of-way line of County Road
5 143; •
6 Thence, South 70°37'00" West, along the northerly right-of-way line
7 of said County Road 143, a distance of 147.18 feet to a 'l inch iron
8 rod set at an angle point of the herein described tract;
9 Thence, South 73°57'48" West, continuing along the northerly right-
10 of -way line of said County Road 143, a distance of 60.48 feet to a
11 inch iron rod found at the most southerly corner of the herein
12 described tract, being in the northeasterly right-of-way line of
13 said Highway 195 and being the beginning of a curve to the left;
14 Thence, along the northeasterly right-of-way line of said Highway
15 195 along said curve to the left through a central angle of
16 02°12'49" to a inch iron rod set for a point of tangency, said
17 curve having a radius of 8235.11 feet, an arc length of 318.14
18 feet, and a long chord bearing of North 56°00'26" West, 318.12
19 feet;
20 Thence, North 57°01'00" West, continuing along the northeasterly right-
21 of -way line of said Highway 195, a distance of 342.54 feet to the POINT
22 OF BEGINNING, containing 4.988 acres of land.
23 TRACT THREE:
24 Being 1.00 acre of the Burrell Eaves Survey, Abstract No. 261,
25 in Williamson County, Texas, part of a 103 acre tract which is
352133-3 02/10/2009
EXHIBIT 13"
RESOLJHON No. 032409-N
GooDwATER MUD
PAGE-16 Or 28
Page -16 -
1 described in Vol. 757, Page 461, Deed Records of Williamson County,
2 Texas. Surveyed on the ground in October of 1984, by W.F. Forest,
3 Registered Public Surveyor No. 101.
4 BEGINNING at an iron pin set about 1 foot North of a fence in the
5 North line of County Road 147, 35 feet wide. A nail set by the
6 Southeast fence corner of the said 103 acre tract bears N 72°07' E
7 251.03 feet.
8 THENCE S 72°07' W 150.0 feet to set an iron pin.
9 THENCE N 17°53" W 290.4 feet to set an iron pin.
10 THENCE N 72°07' E 150.0 feet to set an iron pin.
11 THENCE S 17°53' E 290.4 feet to the POINT OF BEGINNING.
12 TRACT FOUR:
13 Being 5.00 acres of land located in the Burrell Eaves Survey,
14 Abstract No. 216, Williamson County, Texas, being out of and part
15 of that certain 103 acre tract as recorded in document no.
16 2002078621, Official Public Records of Williamson County, Texas,
17 (O.P.R.W.C.T.), being the same 5.00 acres conveyed to Carl
18 Satter.lee, et ux by deed recorded in Document No. 2001019450,
19 O.P.R.W.C.T., and being more particularly described by metes and
20 bounds as follows: (all bearings recited herein ARE BASED ON THE
21 MONUMENTED NORTH LINE OF THE SAID 103 ACRES);
22 BEGINNING, at a =" iron rod found for the southeast corner of the
23 said 5.00 acres, being in a southerly line of the said 103 acres
24 and being in the north right-of-way line of County road 147;
25 THENCE, S 70°36'46" W, along said north right-of-way line, a
-3 02/10/2009
CXI11Ifl1 b
RESOLUTION No. 032409-N
GoonwATER MUD
PAGE 17 OF 28
Page -17 -
1 distance of 466.67 feet to a '-" iron rod found for the southwest
2 corner herein;
3 THENCE, N 19°23'51" W, departing said north right-of-way line, a
4 distance of 466.75 feet to a z" iron rod found for the northwest
5 corner herein;
6 THENCE, N 70°35'54" E, a distance of 466.62 feet to a iron rod
7 found for the northeast corner herein;
8 THENCE, S 19°24'14' E a distance of 466.86 feet to the POINT OF
9 BEGINNING containing 5.00 acres of land, more or less.
10 TRACT FIVE:
11 Being 35.237 acres of land located in the Burrell Eaves
12 Survey, Abstract No. 216, Williamson County, Texas, said tract being
13 all of that certain called 103 acre tract of land conveyed to
14 Ear.line D. Ischy by warranty deed recorded in Document No.
15 2002078621, Official Public Records of Williamson County, Texas,
16 (O.P.R.tn.C_T.), save and except the following certain tracts of
17 land- that certain 4.127 acre tract conveyed to Kay R. & Alvy A. Byrd
18 In Document No. 2003002085 (O.P.R.W.C.T.), that certain 1.00 acre
19 tract of land conveyed to Gordon Crum & Joann Crum by warranty deed
20 recorded in Volume 1104, Page 337, Official Records of Williamson
21 County, Texas, (O.R.W.C_T.), that certain 5.00 acre tract conveyed
22 to Adkins Land Development, L.P. in Document No. 2006054629
23 (O.P.R.W.C_T.), that certain 5.00 acre tract conveyed to Louis F
24 Ischy III & Sheila J. Ischy in Document No. 20C1040530
25 (O.P.R.ti.C.`I'.), and that certain 1.00 acre tract conveyed to Bruce
352133-3 02/10/2005
Page -18
EM1IB!T" 5„
REsousrioN No. 032409-N
GOODWATER MUD
PAG 180F28
1 Levens in Document No. 2004072477 (O.P.R.W.C.T.), said 85.237 acre
2 tract being more particularly described by metes and bounds as
3 follows: (ALL BEARINGS RECITED HEREIN ARE BASED ON THE MONUMENTED
4 NORTH LINE OF THE SAID 103 ACRES);
5 COMMENCING for reference, at a W' iron rod found at the northwest
6 corner of said 103 acre tract, said point being the common South
7 corner of those certain 5.0 acre and 27.39 acre tracts conveyed to
8 Darren Barker by deeds recorded in Volume 1415, Page 344
9 (O.R.W.C.T.), and Document No. 2006011593 (O.P.R.W.C.T_), the
10 northwest corner of that certain 4.127 acre tract of land conveyed
11 to Kay R. Byrd and Alvy A. Byrd by deed recorded in Document No.
12 2003002085 (O.P.R.W.C.T.), and being an ell turn in the northeasterly
13 right-of-way line of County Road 147;
14 THENCE, N69°54'25"E, a distance of 341.99 feet to a mail found in a
15 fence post at the southeast corner of said 27.39 acre Barker tract,
16 same being the southwest corner of that certain 38.66 acre tract of
17 land conveyed to Richard Burson by deed recorded in Volume 498, Page
18 577 (O.R_W.C.T.), and N69°55'59"E, a distance of 19.57 feet, to an '-2"
19 iron rod found at the northeast corner of said Byrd tract, for the
20 northwest corner and POINT OF BEGINNING;
21 THENCE, with the north line of said 103 acre tract, same being the
22 South line of said Burson tract, as fenced and used upon the ground,
23 the following three (3) courses numbered 1 through 3,
24 1_ N69°53'00"E, a distance of 1566.04 feet to a capped
25 iron rod found (RPLS No. 4835), for an exterior angle point
133-3 02/10/2009
Page -19 -
RESOLUTION No. 032409-N
GOODWATER MUD
PACE 19 OF28
r,,.....,,. ,,. „
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2
in the north line of the herein described tract,
2. 529°55'O1"E, a distance of 225.22 feet to a "
iron rod
3 found, for an interior angle point in the north line of
t he herein described tract,
3 N70°02'20"E, a distance of 669.19 feet to a nail found in
t he west right-of-way line of County Road 234, for the
n ortheast corner herein;
THENCE, following said right-of-way line, same being the east line
of said 103 acre tract, as fenced and used upon the ground, the
following five (5) courses numbered 1 through 5,
1. SO1°11'54"E, a distance of 187.72 feet to a fence post,
for an angle point,
2 S00°17'33"W, a distance of 144.21 feet to a fence post,
for an angle point,
3. 302°33'16"W, a distance of 128.85 feet to a fence post,
for an angle point,
4 S08°27'57"W, a distance of 469.22 feet to a fence post,
for an angle point,
5. S10°32'20"W, 155.00 feet to a iron rod set at
northeast corner of that certain 1.00 acre tract of land
conveyed to Bruce Levens by deed recorded in Document No.
2004072477 (O.P..R_W.C.T.), for an exterior ell corner in
the east line of the herein described tract;
THENCE, leaving said right-of-way line, following the north,
westerly, and south lines of said Levens tract, as
133-3 07_/10/2009
Page -20 -
fenced and used
[ XI1 i;ri "Ii"
RESOLUTION No. 032409-I\
GooDwxIEA MUD
PAGE 20OF28
1
2 4,
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
RESOLUTION No. 032409-N
GOODWATER MUD
PACE 21 OF 28
upon the ground, the following four (4) courses numbered 1 through
1. N87°50'51"W, a distance of 149.83 feet to a capped 4"
iron rod found (RPLS No. 4835) at the northwest corner of
said Levens tract, for an interior angle point of the
herein described tract,
2. S39°09'37"W, a distance of 131.89 feet to a 4" iron rod
set, at an exterior angle point in the west line of said
Levens tract, same being an interior angle point in the
east line of the herein described tract,
3. SO1°43' 30"E, a distance of 113.40 feet to a capped 4"
iron rod found (RPLS No. 4E35), at the southwest corner of
said Levens tract, for an interior ell corner in the east
line of the herein described tract,
4 S84°17'48"E, a distance of 209.17 feet to a " iron rod
set at the southeast comer of said Levens tract, said
point being in the West right-of-way line of said County
Road 234, for an exterior ell corner in the east line of the
herein described tract;
THENCE, following said right-of-way line, same being the east line
of said 103 acre tract, the following two (2) courses numbered 1
and 2;
1. S07°22'21"W, a distance of 407.91 feet to a fence post,
for an angle point,
2 S07°42'02"TA, a distance of 282.14 feet to a nail found in
352133-3 02/10/2009
Page -21 -
1
a fence post, at the northwest intersection of said County
2 Road 234 and said County Road 147, said point being the
3 southeast of said 103 acre tract, for the southeast
4 corner herein;
5 THENCE, S70°35'27"W, following the north right-of-way line of said
6 County Road 147, same being the South line of said 103 acre tract, a
7 distance of 251.03 feet to a calculated point at the southeast
8 corner of said 1.00 acre Crum tract, for an exterior ell comer in
9 the south line of the herein described tract;
10 THENCE, the following three (3) courses numbered 1 through 3,
11 1. N19°24'33"W, with the east line of said Crum tract, a
12 distance of 290.40 feet to a calculated point, at the
13 northeast corner of said Crum tract, for an interior ell
14 corner in the south line of the herein described tract,
15 2. 370°35'27"W, with the north line of said Crum tract, a
16 distance of 150.00 feet to a calculated point at the
17 northwest corner of said Crum tract, for an interior ell
18 corner in the south line of the herein described tract,
19 3 S19°24'33"E, with the west line of said Crum tract, a
20 distance of 290.40 feet to a calculated point at the
21 southwest corner of said Crum tract, said point being in
22 the north right-of-way line of said County Road 147, for
23 an exterior ell corner in the south line of the herein
24 described tract;
25 THENCE, 570°35'27"W, with the fenced right-of-way line, a distance of
352133-3 02110/2009
Page -22 -
RESOLUTION No. 032409-N
G000wA.ElR MUD
PACE 22OF28
1 650.48 feet to a 1-2" iron rod found at the southeast corner of that
2 certain 5.00 acre tract of land conveyed to Adkins Land Development
3 L.P, by Warranty Deed recorded in Document No. 2006054629
4 (O.P.R.W.C.T.), for an exterior ell corner in the south line of the
5 herein described tract;
6 THENCE, leaving said right-of-way line, the following three (3)
7 courses numbered 1 through 3,
8 1. N19°23'57"W, with the east line of said 5.00 acre tract,
9 a distance of 466.86 feet to a 4" iron rod found at the
10 northeast corner of said 5.00 acre tract, for an interior
11 ell corner in the south line of the herein described
12 tract,
13 2. S70°36'11"W, with the north line of said 5.00 acre tract,
14 a distance of 466.62 feet to a 4" iron rod found at the
15 northwest corner of said 5.00 acre tract, for an interior
16 ell corner in the south line of the herein described
17 tract,
18 3. S19°23'34"E, with the west line of said 5.00 acre tract,
19 a distance of 466.75 feet to a 4" iron rod found at the
20 southwest corner of said 5.00 acre tract, said point being
21 in the north right-of-way line of said County Road 147,
22 for an exterior ell comer in the south line of the herein
23 described tract;
24 THENCE, with the fenced right-of-way line of said County Road 147,
25 the following two (2) courses and distances numbered 1 and 2,
352133-3 02/10/2009
Page -23 -
ResoLUTioN No. 032409-N
GOODWATEIt MUD
PACs 23 OF 28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
hXI 11131 1" -rs..
REsOLUriov No. 032409-N
Goovw ATER MUD
P,acs24OF28
S71°33'31"W, a distance of 218.98 feet to a fence post,
for an angle point,
2. S86°55'25"W, a distance of 29.45 feet to a fence post,
said point being an ell turn in the northeasterly right-
of way line of said County Road 147, same being the
southwest comer of said 103 acre tract, for the southwest
corner herein;
THENCE, with the west line of the herein described tract, the
following seven (7) courses numbered 1 through 7,
1_ N19°48'38"W, a distance of 933.55 feet to a 4" iron rod
found at the southwest corner of that certain 5.00 acre
tract of land conveyed to Louis Eschy III and Sheila J.
Ischy
y deed recorded in Document No. 2001040530
(O.P.R.W.C_T.), for an exterior ell corner in the west
line of the herein described tract,
2 leaving said right-of-way line, N70°21'26"E, following
the south line of said Ischy tract, a distance of 466.66
feet to a 4" iron rod found at the southeast corner of
said Ischy tract, for an interior ell corner in the west
line of the herein described tract,
3. N19°38'15"W, with the east line of said Ischy tract, a
distance of 466.66 feet to a 4" iron rod found at the
northeast corner of said Ischy tract, for an interior ell
corner in the west line of the herein described tract,
S70°21'31"W, with the north line of said Ischy tract, a
352133-3 02/10/2009
Page -24 -
1 distance of 466.75 feet to an '-41" iron rod found at the
2 northwest corner of said Ischy tract, said point being in
3 the east right-of-way line of said County Road 147, for an
4 exterior ell corner in the west line of the herein
5 described tract,
6 5_ along said east right-of-way line, N19°37'05"W, a
7 distance of 90.02 feet to an =�" iron rod found at the
8 southwest corner of said 4.127 acre Byrd tract, for an
9 exterior ell corner in the west line of the herein
10 described tract,
11 6. leaving said right-of-way line, N69°41'13"E, with the
12 south line of said Byrd tract, a distance of 360.68 feet
13 to a fence post at the southeast corner of said Byrd
14 tract, for an interior ell corner in the west_ line of the
15 herein described tract,
16 7. N19°31'49"W, with the east line of said Byrd tract, a
17 distance of 496.05 feet to the POINT OF BEGINNING
18 containing 85.237 Acres Of Land.
19 TRACT SIX:
20 Being 100.00 acres of the Burrell Eaves Survey, Abstract No.
21 216, Williamson County, Texas. This property includes part of
22 Tracts 1 and 3 which were conveyed to J.N. Adkins, et. ux. of
23 record in Vol. 328, Pg. 331, Deed Records of Williamson County,
24 Texas. This tract was surveyed on the ground in August of 2005, by
25 William F. Forest, Jr., Registered Professional Land Surveyor No.
352133-3 02/10/2009
GA.I1.01 I IJ
Page -25 -
RESOLUTION No. 032409-N
GOODWATER MUD
PAGE25OF28
RY4❑FIT "11"
1 1847.
2 BEGINNING at an iron pin which was set at the Southeast fence
3 corner of the J.N. Adkins tract called 140.8 acres (Tract 3) as
4 described in Vol. 328, Pg. 331. This corner exists at the
5 intersection of the West line of County Road 2.34 with the North
6 line of County Road 143.
7 THENCE along or near the general line of an existing fence
8 with the North line of County Road 143, S 70 deg. 03 min. 56 sec. W
9 1109.27 feet to an iron pin set.
10 THENCE with the boundary of a 4.99 acre tract which was
11 conveyed to Kemp Trust as described in Doc. 2001006723; N 34 deg.
12 20 min. 49 sec. W 706.93 feet to an iron pin found; and S 49 deg.
13 32 min. 11 sec. W 467.33 feet to an iron pin found.
14 THENCE with the Northeast line of State Highway 195, along or
15 near the general line of an existing fence, N 58 deg. 30 mi.n. 09
16 sec. W 451.94 feet to a concrete right-of-way marker found; and N
17 58 deg. 29 min. 05 sec. W 747.32 feet to an iron pin set.
18 THENCE with the boundary of a 414.78 acre tract surveyed this
19 date, N 31 deg. 30 min. 55 sec. E 1459.02 feet to an iron pin set;
20 and N 88 deg. 21 min.38 sec. E 1669.98 feet to an iron pin set.
21 THENCE with the boundary of the 4 11 acre tract conveyed to the
22 Church of Christ at Strickland Grove as described in Vol. 111, Pg.
23 510, S 07 deg. 43 min. 05 sec. E 283.91 feet to an iron pin set;
24 and N 37 deg. 56 min. 23 sec. E 488.74 feet to a steel cotton
25 spindle set.
s 02/10/2009
Lmmrti 1>
RESOLUTION No. 032409-N
GOODWATER MUD
PAGE 26 OF 28
Page -26 -
1 THENCE with the West line of County Road 234, along or near
2 the general line of an existing fence, setting iron pins at bends
3 as follows: S 23 deg. 07 min. 23 sec. W 842.18 feet; S 16 deg. 01
4 min 02 sec. W 69.58 feet; S 01 deg. 17 min. 24 sec. W 21.50 feet;
5 S 06 deg_ 55 min. 45 sec. E 27.00 feet; S 11 deg. 23 min. 45 sec. E
6 68.43 feet; and S 18 deg. 12 min. 26 sec. E 616.09 feet to the
7 POINT OF BEGINNING.
8 SECTION 3. (a) The legal notice of the intention to introduce
9 this Act, setting forth the general substance of this Act, has been
10 published as provided by law, and the notice and a copy of this Act
11 have been furnished to all persons, agencies, officials, or
12 entities to which they are required to be furnished under Section
13 59, Article XVI, Texas Constitution, and Chapter 313, Government
14 Code.
15 (b) The governor, one of the required recipients, has
16 submitted the notice and Act to the Texas Commission on
17 Environmental Quality.
18 (c) The Texas Commission on Environmental Quality has filed
19 its recommendations relating to this Act with the governor, the
20 lieutenant governor, and the speaker of the house of
21 representatives within the required time.
22 (d) All requirements of the constitution and laws of this
23 state and the rules and procedures of the legislature with respect
24 to the notice, introduction, and passage of this Act are fulfilled
25 and accomplished_
352133-3 02/10/2009
Page -27 -
RESOLUTION No. 032409-N
GOODWATER MUD
PAGE 27 OF 28
1
SECTION 4. This Act takes effect immediately if it receives a
2 vote of two-thirds of all the members elected to each house, as
3 provided by Section 39, Article III, Texas Constitution. If this
4 Act does not receive the vote necessary for immediate effect, this
5 Act takes effect September 1, 2009.
352).33-3 02/10/2009
cnruoii 0,
RESOLUTION No. 032409-N
GOODWArer. MUD
PAGF,28or28
Page -28 -