Bill Text: TX HB4605 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the creation of the New Waverly Municipal Management District No. 1; providing authority to issue bonds and impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-06-18 - Effective immediately [HB4605 Detail]

Download: Texas-2021-HB4605-Enrolled.html

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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.
(c) This chapter and the creation of the district may not be
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.
(c) The district is created to accomplish the purposes of a
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.
(c) The commission shall appoint four members 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.
(c) This section expires September 1, 2025.
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.
(c) The Texas Commission on Environmental Quality has filed
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