O N 0 z z H H H a H a U z H m a w F x O a H x O Q ~ z awry FC C7 H r.G O H H ~ Cra fs.' 61 W ~ O O v ~ w w- ~ ~ rn ca rn w rn ~ z ~ 0 H ~ ~ d' w cn H ,'~ H u ~ z H O D U h a w a a ~ ~ ° ~ z O W O z a ~ H U a rz z H a 0 a H Q w H 3 q H a 0 z H N H W H x 0 a a W U z z H (~ 0 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred Henneke OFFICE: Count, Judge MEETING DATE: June 14, 1999 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss necessity for Ordinance prohibiting solid waste disposal in Kerr County. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 5:00 P.M. previous Tuesday. PRESS RELEASE Chambers County Judge Jimmy Sylvia announced today that S_B. 486, relating to processing and disposal of solid waste, authored by Senator J.E. Buster Brown (R) - Lake Jackson, was successfully amended by State Representative Zeb Zbranek (D) - Winnie, protecting Chambers County's landfill ordinance. S.B. 486, with Representative Zbranek's amendment attached, was passed in the Senate on Monday, May 24, 1999, and has been sent to Governor Bush for his signature. S.B. 486 also allows other counties a window of opportunity until September 1, 1999, to pass a solid waste ordinance similar to that of Chambers County. Judge Sylvia stated, " he efforts of Beach City's Informed Citizens United, along with Representative Zbran and his staff, State Senator David Bernsen, Texas Association of Counties, County Jud 's and Commissioners Association of Texas general council Jim Allison & Austin atto ey J.D. Head have worked together with the Commissioners Court to protect the he Ith, safety & welfare of all the residents of Chambers County and all other counties in th state of Texas. Please contact Govern~r George Bush and urge him to sign S.B. 486 as amended. ll ~~~ G ~ i, p rem. ~~e~~ ,~ ~, 6 ~~ g ~v~ a ~~ ~,~9"`~' ~~ ~~ 76(R) SB 48b Engrossed version - Bill Text Page I of 2 By: Brown S_B_ No_ 486 A BILL TO BE ENTITLED (' AN ACT 1-1 ,relating to the processing or disposing of solid waste. 1-2 ~ BE IT ENACTED BY THE LEGISLATURE OF THE STATE O EXPS: 1-3 SECTION 1. Section 361.066, Health and Safety Code, is 1-4 amended by amending Subsection {a) and adding Subsection (c) to 1-5 read as follows: 1-6 -' (a) An applicant must submit any portion of an application 1-7 that the commission determines is necessary to make the application 1-8 administratively complete not later than the deadline set by the 1-5 commission under Subsection {c) [''~'^~~r-Qa~-~=rtt~ne~ant 1 - 1 ~ ~'-cTC^ ~_ ix2 ?~t9~c-rcC € f'6?Ei ~ ~3 e~imrrv-psi-A ~i '-t -ice=~c~ri~ ~$t}Zz--r~ii t9 r[[k3 ~Te 33 1-12 (c) The commission by rule shall_ establi_s_h a deadline for 1-13 the submission of additional information or ma__te_rial after the i-14 applicant receives notice from the commission that the information 1-15 or_material is needed to make the application administrative 1-16 c_o_m_plete. 1-17 SECTION 2. Section 361.152, Health and Safety Code, is 1-18 amended to read as follows: 1-19 Sec. 361.152. LIMITATION ON COUNTY POWERS CONCERNING 1-20 INDUSTRIAL SOLID WASTE. The powers specified by Sections 1-21 361.154-361.162 and Section [S22zi~=e] 364.011 (ate-'~~J 1-22 (County Solid Waste Control Act) may not be exercised by a county 1-23 with respect to the industrial solid waste disposal practices and 1-24 areas to which Section 361.090 applies_ 2-1 SECTION 3. Section 363.112, Health and Safety Code, is 7_-2 amended by amending Subsections (a) and (c) and adding Subsections 2-3 (d} and (e) to read as follows: 2-4 (a) To prohibit the processing or disposal of municipal or 2-5 industrial solid waste in certain areas of a municipality or 2-6 county, the governing body of the municipality or county must by 2-7 ordinance or order specifically designate the area of the 2-8 municipality or county, as appropriate, in which the disposal of 2-9 municipal or industrial solid waste will not be prohibited. 2-10 (c) The governing body of a municipality or county may not 2-I1 prohibit the processing or disposal of municipal or industrial 2-12 solid waste in an area of that municipality or county for which: 2-13 (1) an application for a permit or other authorization 2-14 under Chapter 361 has been filed with and is pending before the 2-15 commission; or 2-16 (2) a permit or other authorization under Chapter 36i 2-17 has been issued by the commission_ 2-18 (d) The commission may not grant an application for a permit 2-19 to process or dispose of municipal or industrial solid waste in an 2-20 area in which the processing or disposal of_ municipal or industrial 2-21 solid waste is prohibited by an ordinance or order authorized by 2-22 Subsection (a), unless the governing body of the municipality or 2-23 county violated Subsection (c) in passing the ordinance or order. 2-24 The commission by rule may establish procedures for determining 2-25 whether an application is for the processing or disposal of 2-26 municipal or industrial solid waste in an area for which that 3-1 processing or disposal is prohibited by an ordinance or order_ 3-2 (e} The powers specified by this section may not be 3-3 exercised by the governing body of a municipality or county with 3-4 respect to areas to which Section 361.090 applies [T~s seet=en 3-5 ~0e5 i39~ i ~.. ,i : f.. tiY a-L. a- i. .. -. .a..~f,-...~ ..i-~~ 3-6 saast~-management --' ..'' `" ~ - c- `-ten 3-8 SECTION 4_ Section 364.012, Health and Safety Code, is 3-9 amended by amending Subsections (a) and (b) and adding Subsections 76(R) SB 486 Cngrossed version - Bill 1~ext Page 2 of 2 3-10 (e}, (f), and (g) to read as follows: 3-11 (a} The county may prohibit the disposal of m_unic__ip_a_l__ or 3-12 industrial solid waste in the county if the disposal of the 3-13 municipal or industrial solid waste is a threat to the public 3-14 health, safety, and welfare. 3-15 (b) To prohibit the disposal of municipal or industrial_ 3-16 solid waste in a county, the commissioners court must adopt an 3-17 ordinance in the general form prescribed for municipal ordinances 3-18 specifically designating the area of the county in which municipal 3-19 or industrial solid waste disposal is not prohibited. [~'-~}e 3-20 3-21 a-3~u~-s-e~id waste ~ispssal g~"idelines a~p~ezred b~t~e~s 3-22 nda tura4-des e-ttzt~C~s-e~~~~~~ cvxi ¢cc=~sivr~y 3-23 (e }_ The commiss_i_oners_court of a county may not__prohibitthe .',-24 processing or disposal of municipal or industrial solid :caste in an ~ r _ _ _ __ _ __ __-- - --__ - -- ., ~_ ~ area of that county for i~°hich: 3-26 (1) an a•.~plication for a ermit or other authorization ------- -- ?- - - ------ p -----_------------ ----------- 4-1 under Chapter 3_61 has been filed with and is_p_ending_b_e_f_o_r__e__the 4-2 c__o_m_mi_ssion_; or_ 4-3 (2) a permit or _other authorization under_Chapter 361 4-4 has been issued by-the conunission. 4-S ~ (f} The_comm_i_ssion may not Brant an application for a permit 1 4-6 to process or disposeof municipal or industrial solid waste in an 4-7 area in which the processing or disposal of municipal or industrial 4-8 solid waste is prohibited by an ordinance, unless the counter 4-9 violated Subsection (e) in_passing the ordinance_ The commission } 4-10 by rule may spzecify-the procedures for determining whether an _ ) 4-11 implication is for_the processing or disposal of municipal or 4-12 industrial solid waste in an area for which that processing or 4-13 disposal is~rohibited by_an ordinance. 4-14 (g) The powers specified by_this section may not be 4-15 exercised b a count with res ect to areas to which Section 4-16 361 _ 0_90 applies . 4-17 SECTION 5. (a) This Act takes effect September 1, 1999. 4-18 (b) The provisions of this Act, as amended and added by this 4-19 Act, apply only to an application submitted on or after the 4-20 effective date of this Act. 4-21 SECTION 6_ The importance of this legislation and the 4-22 crowded condition of the calendars in both houses create an 4-23 emergency and an imperative public necessity that the 4-24 constitutional rule requiring bills to be read on three several 4-25 days in each house be suspended, and this rule is hereby suspended_ 76(R) SB 486 -Amendment Text Amend SB 486 by striking Subsection (by of SECTION 5 of the bill (House Committee Printing, page 4, lines 18 through 20) and substituting a new Subsection {b) to read as follows: (b) The changes in law made by Sections 2, 3, and 4 of this Act apply only to an application filed after September 1, 1999, if an ordinance has been adopted by a commissioners court by September 1, 1999. The changes in law made by Sections 2, 3, and 4 of this Act also apply to an application filed between September l., 1998, and September 1, 1999, unless the commissioners court published notice by September 1, 1999, in accordance witki any applicable notice provisions of Chapter 551 Government Code, of intent to enact an ordinance and the ordinance has been enacted by January 1, 2000_ t~ ; Page 1 of 1 ~:, ~ y° ~. r~ ~~\~ ~ -J ~~' ~~~- w ` .~~~ `, ~~ 1 ~~ ~`v c y," ~~" ,~ ' ~~ ~.,>~ NO. 3-31-98-01 _ AN A.1'1~NDED ORDINANCE PROHIBITING SOLID _- ~ WASTE DISPOSAL IN CI~[AMBERS COUNTY. AND PROVIDING CIVIL AND CR:IlVIINA_L PENALTTIES Be it ORDAINED, ORDERED and ADOPTED by the Commissioners Court of Chambers County, Texas: SECTIO`' 1. GENERAL PROVISIONS AND FINDINGS WHEREAS, the Chambers County Commissioners Court has both the responsibility and the authority to protect the health, safety and welfare of the citizens of Chambers County, Texas and their property interest; and WHEREAS, solid waste disposal, especially the disposal of solid waste in landfills, is an activity that has high potential to negatively impact the health, safety and welfare of any community; and WHE~AS, there are currently at least two perr~Ced acL:•° mu_n:;,~~1'1a~ifilis and one permitted active industrial landfill in Chambers County; and WHEREAS, Chambers County has obtained the necessary permits to construct and operate an incinerator waste disposal facility and will begin construction on the same within the next year; and WHEREAS, this Court believes and hereby finds that further development or establishment of landfills in certain azeas of the county would constitute an unacceptable risk and threat to the public health, safety and welfare for the reasons and findings stated below, among many others, to wit: The Court finds that the presence of solid waste disposal facilities in general may negatively influence property values; and The Court finds that under the circumstances existing in Chambers County that additional solid waste facilities in the affected area would constitute a public or private nuisance; and The Court finds that the transportation of additional solid waste into and through the affected area presents a threat of discharge of harmful materials into the environment; and The Court finds the use of all present technology and science with regard to the EXHIBIT 1 location, installation, operation and maintenance of municipal, industrial and hazardous solid waste disposal sites, cannot ensure that such sites w~l not contaminate, spoil and pollute areas surrounding and distant to said disposal sites; r This Court further finds that if the substances contained within a landfill, especially in a hazardous or industrial landfill, escape into the air or waterways, including subsurface waterways, significant threats to the public health, safety and welfare will exist; and This Court finds that the soils of Chambers County consist primarily of montmorillionite clay underlain by intermittent lens of sandy layers and that clay soils are subject to expansion and contraction (with open cracking deep into the vertical column). This Court fords that Chambers County is also subject to active soft-sediment faulting which have been activated in this century by subsidence brought about by the subsurface extraction of water and hydrocarbons. These soil conditions along with its low elevation contribute to substantial lateral surface and subsurface movement of water; This Court further finds that subsurface groundwater movement in Chambers County it generally from~its landmass toward Trinity Ba; and-its coastal wetlands; and This Court further finds that the Trinity River estuary, Trinity Bay and vast areas of fragile coastal wetlands are within Chambers County's borders and are ernemely valuable locally and nationally and are very vulnerable to pollution such as could result from solid waste disposal; and This Court further finds that many citizens of Chambers County, especially in western Chambers County, obtain their drinking water from private wells drilled into local aquifers; and This Court further finds that Chambers County's average elevation above sea level is low and is very susceptible to flooding a~ severe wind damage from frequent tropical storms and hurricanes; and This Court further finds that solid waste disposal activities in the affected area could hamper economic development in the affected area; and This Court further finds the currently permitted and active solid waste disposal facilities in the County pose possible threat to the public health safety and welfare, and that additional solid waste disposal facilities will pose a greater and unacceptable risk and threat to the public health, safety and welfare because of the increased and _unacceptable risk from the contamination of the public's drinking water due to the county's soil characteristics and ground nature; bxause of the increased and unacceptable risk from contamination of the surface due to tropical storms and 2 hurricanes; the increased and unacceptable risk and threat from contamination to the county's abundant and valuable natural resources and the increased and unacceptable risk and threat to the county's property values; and ~ This Court finds that adequate solid waste disposal already exists in this county and that no others are needed in the affected area; and The Court finds that the prohibition of solid waste disposal as provided in this ordinance is necessary to prevent a grave and immediate threat to life and property; and The Court finally finds that such a prohibirion is a necessary response to a real and substantial threat to public health and safety, chat such a prohibition will significantly advance the health and safety of the public and that the prohibition does not impose a greater burden than necessary to protest the public health and safety under the circumstance; SECTION 2. SUBSTANTIVE PROVISIONS A~-D DEFTIYITIONS For the above reasons, and pursuant to the provisions of Section 364.012 of the Texas Health and Safety Code, the Chambers County Commissioners Cvurt-ttereby ORDAINS, RESOLVES, ORDERS and ESTABLISHES she following. ORDINANCE: ZT IS ORDAINED AND ORDERED that the disposal of solid waste within Chambers County, Texas is not prohibited in the following areas: AREA O\~ Beginning at the Northwest comer of the H.&T.C.R.R.~S Survey, Abstract A- 115, and proceeding South along the Western Boundary of said survey to a point at the Northwest corner of the C.W. Norsman-46 Survey, Abstract A-526, then continuing South along the Westera boundary of the C.W. A'orsman-46 Survey and the Western boundary of the Arthur L. Hunter-46 Survey, Abstract A-617 to a point at which the Western boundary of said survey intersects the Northern boundary of the right of way of State Highway 65, thence generally East following the Northern boundary of the right of way of Highway 65 to a point where the Northern boundary of the right of way of Highway 65 intersects the Western boundary of the right of way of North Pear Orchard Road, thence generally North following the Western boundary of the right of way of North Pear Orchard Road to a point at which the Western boundary of the right of way of North Pear Orchard Road intersects the northeast corner of the T.&O.R.R.- 65 Survey, Abstract A-282, thence generally West along the Northern boundary of said survey to a point at which the Northern boundary of said survey intersects the Southeast - corner of the E.D. Ryel Survey, Abstract A-592, thence generally North along the Eastern boundary of the E.D. Ryel Survey (which is also the Western boundary of the Wm. N. Godfrey-66 Survery,) Abstract A-611, to a point at which the Eastern 3 ; boundary of the E.D. Ryel Survey intersects the Northeast corner of said survey, thence generally Westward along the northern boundary of the E.D. Ryel survey to the point at which said boundary intersects the northeast corner of the H.&T~.R.R.:-4S Survery, then continuing West along the northern boundary of the f-I.6r.T.C.R.R. Survey to the point of beginning at the northwest corner of the H.&T.C.R.R. Survery. AREA T~VO TRACT 1 407.082 Acres Being that certain 407.082 Acre Tract situated in the T.&N.O.R.R. Section #67, A- 425, and being that same tract of land conveyed to H.H. Franzen and Martin Robert Franzen as recorded in Volume 280 at Page 303 of the Deed Records of Chambers County, Texas and being more particularly described by metes and bounds as follows: Beginning at the Southwest corner of the abovementioned T.&N.O.R.R. Section #67, A-245, marked by 2"I.P. situated in a small irrigation Lateral, at the Northwest corner of the Archie Middleton Survey, A-445, and in the East line of the H.&T.C.R.R. Section #49, A-113, and Southwest corner of tract here-in described: Thence, North 00°00'40" West, with the West line of said T.&N.O.R.R., Section #67, A-245, and the East line of said H.&T.C.R.R. Section #49, A-113, at 5160.33 feet pass 2"I.P. situated at the Northeast corner of said Ti.&T.C.R.R. Section #49, A-113, said the Southeast corner of the Oscar Kimble Survey, A-619, and continuing with the East line of said Oscar Kimble Survey, A-619, in all a total distance of 6655.00 feet for corner marked by 2"I.P. situated in the South right-of--way line of State Highway #65 (based on a width of 120 feet); Thence, North 89°48' East, with the South right-of--way line of said State Highway #65 (as occugied), a distance of 2661.02 feet for corner situated in a drainage ditch and in the East line of said T.&N.O.R.R. Section #67, A-245, and being S 00° O1' E-60.00 feet of the Northwest corner of the Abner Toran Survey, A-488, and being the Northeast corner of tract here-in described; Thence, South 00° O1' 14" East, with the East line of said T.&N.O.R.R. Section #67, A-245, and the West line of said Abner Torah Survey, A-488, the West line of the Horace Martin Survey, A-569, and West line of the Jas. Martin Survey, A-568, a distanct of 5219.75 feet for corner marked by lfs"I.R. set for the North west corner of the H.T. & B.R.R. Section #87, A- 145; Thence, South 00°05'06" East, with the West line of said H.T. & B.R:R: Section #87, A-145, and the East line of said T.&N.O.R.R Section #67, A-245, at 890 feet pass the centerline of Oyster Bayou and continuing in all a total distance of 1449.39 feet for corner marked by 2"I.P. situated in a field dirt road and Southeast corner of said T.&N.O.R.R., Section #67, A-245, and the Northeast corner of the Archie Middleton Survey, A-445; Thence, North 89°56'54" West, with the South line of said T.&N.O.R.R. Section #67, A-245, and the North line of said Archie Middleton Survey, A-445, at 500 feet pass the centerline of side Oyster Bayou and continuing in all a total distance of 2663.70 feet to the Point of Beginning enclosing a tract of land containing 407.082 Acres more or less. 4 .: ~~~~ TRACT 2 14.777 Acres - .. r Being that certain 14.777 Acre Tract situated in the Archie Middleton Survey A-445, and being more particularly described by metes and bounds as follows: Beginning at the Northwest comer of the abovementioned Archie Middleton Survey, A- 445, narked by 2"I.P., situated at the Southwest comer of the T. & N.O.R.R. Section #67, A-245, and Northwest corner of tract here-in described; Thence, South 89°56'54" East, with the South line of said T. & N.O.R.R. Section #67, A-245, and the North line of said Archie Middleton Survey, A-445, at 2163.70 feet pass the centerline of Oyster Bayou and continuing in all a total distance of 2663.70 feet for corner marked by 2" I.P. situated at the Southeast corner of said T. & N.O.R.R. Section #67, A-245, and Northeast corner of said Archie Middleton Survey, A~45, and in the West line of the H.T. & B.R.R. Section #87, A-145, and Northeast corner of tract here-in described; Thence, South 00° OS' 06" East, with the East line of said Archie Middleton Survey, A-445, and the West line of said H.T. & B.R.R. Section #87, A-145, and also in a field dirt road, a distance of 270.05 feet for corner marked by lfz" I.R. situated at the Southeast corner of tract here-in described; Thence, North 88° 43' 26° West, at 17 feet pass old fence corner and continuing with old fence li!:e (in poor repair), at 670 feet pass centerline of Oyster Baytyn and continuing with said old fence line in good repair (as occupied), in all a t©tal•distaneeof 2664.72 feet for corner mazked by 'fz"I.R. and being S 88° 43' 26" E-22.3 feet from fence corner and situated in the West line of said Archie Middleton Survey, A-445, and West line of the Archie Middleton Survey, A-443; Thence, North 00° 00' 40" West, with the West line of said Archie Middleton Survey, A~45, at 77.12 feet pass the Northeast corner of said Archie Middleton Survey, A-4.43, and the Southeast corner of the H. & T.C.R.R. Section #49, A-113, and continuing in all a total distance of 213.23 feet to the Point of Beginning enclosing a tract of land containing 14.777 Acres more or less. IT IS >r'LJRTHER ORDAINED AND ORDERED that the disposal of only ~~nicipal solid waste, Class III industrial solid waste, Class II industrial solid waste, Class I industrial solid waste which is Class I only because of asbestos content and special waste as defined in T.A.C. §330.2 is not prohibited within the 259.4 acres site in Chambers County at located generally at 4791 Tri-City Beach Road, Baytown, Texas, approximately 0.25 miles northwest of the junction of FM 1405 and FM 2354 (Tri-City Beach Road), consisting of six tracts, more particulazly described as follows:: ALL BEARINGS- REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS DEFINED BY ARTICLE 5300 a OF THE REVISED CNIL STATUTES OF THE STATE OF TEXAS. 5 TRACT 1: 8.044 Acres FIELD NOTES of a 8.044 acre tract of land situated in the JOHN DAMS T~-AG'QE, Abstract No. 15, Chambers County, Texas, being the same 8.056 acre tract of land called TRACT III conveyed by USX CORPORATION to HAZELWOOD ENTERPRISES/JOHNNIE & ROSE MARY JENNINGS by Deed Dated April 14, 1987, recorded in Volume 10, Page 6-11 of the Official Public Records of Chambers County, Texas, said 8.044 acre tract of (and being more particularly described by metes and bounds as follows, to wit: BEGINNING at a 5/8 inch iron rod found at the intersection of the South right of way line of Plato Road (discontinued) with the Northeast right of way line of Tri-City Beach Road being the Northwest comer of said TRACT III and the Northwest corner of this tract: THENCE North 77°06'36" East (called N 77°07'26"E) with the North line of this tract, the North line of said TRACT III and the South line of Plato Road (discontinued) a distance of 1019.26 (called 1020.06) feet to a 5/8 inch iron rod found at the intersection of the South right of way line of said Plato Road (discontinued) with the West right of way line of State F.M. Highway No. 1405 for the Northeast corner 'of said TRACT III and the Northeas~. cornea of this tact; THENCE in a Southwesterly direction with the East line of this tract, the East line of said TRACT III and the West right of line of said F.M. No. 1405, being a curve to the right having a radius of 2023.48 feet, a central angle of 13°33'14" (called 13°33'28"), a length of 478.67 (called 478.81) feet and a chord bearing and distance of South 23°56'53" West~77.56 feet to a concrete right of way monument found at the end of said curve; THENCE South 30°40'30° West (called S 30°48'14"W) with the East line of this tract, the East line of said TRACT III and the EVest right of way line of said F.M. 1405 a distance of 273.02 (called 273.10) feet to a concrete right of way monument found at an angle poi in said right of way line and the Southeast corner of said ?RACY DI and the Southeast corner of this tact; THENCE South 80°55'20" West (called S 81°06'35" W) with the South line of this tract, the South Line of said TRACT III and the North right of way line of said F.M. 1405 a distance of 124.09 feet to a concrete right of way mornument found at and angle point in said right of way line; THENCE South 35°13'51" West {called S 35°02'36"W) with the South line of this tract, the South line of said TRACT III and the West right of way line of said F.M. -1405 a distance of 25.49 (called 25.78) feet to a 5/8 inch iron rod found at the intersection of the West right of way line of said F.M. 1405 with the Northeast right of 6 _. way line of Tri-City Beach Road found for the Southwest corner of this tract and the Southwest corner of said TRACT III; THENCE North 47°12'47" West (called N 47°14'18" ~ with the East lime of the -trait, the East Line of said TRACT III and the Northeast right of way line and Tri-City Beach Road a distance of 712.93 feet to the POINT OF BEGINNING containing 8.044 acres of land. TRACT 2: 1.440 Acres FIELD NOTES of a 1.440 acre tract of land situated in the JOHN UAMS LEAGUE, Abstract No. 15, Chambers County, Texas, being formerly known as PLATO ROAD, said 1.440 acre tract of land being more particularly described by metes and bounds as follows, to wit: BEGINNING at a 5/8 inch iron rod found at the intersection of the Northeast right of way Iine of Tri-City Beach Road with the South right of way line of said PLATO ROAD, being the Northwest corner of a 8.056 acre tract called TRACT III conveyed by USX CORPORATION to HAZELWOOD ENTERPRISE/JOHNI~tIE & RO&E MARY JENNINGS by Deed Dated April 14, 1987, recorded in Volume 1D, Page 641 of the Official Public Records of Chambers County, Texas and ~e S'~uthwest turner and POINT OF BEGINNING of this tract; THENCE North 44°42'55" West with the West line of this tract a distance of 71.03 feet to an iron rod found at the intersection of the Northeast right of way line of Tri- City Beach Road with the North right of way line of said PLATO ROAD for the Southwest corner of a 17.753 acre tract called TRACT II conveyed by USX CORPORATION to HAZELWOOD ENTERPRISES/JOHNNIE & ROSE MARY JENNINGS by Deed Dated April 14, 1987, recorded in Volume 10, Page 641 of the Official Public Records of Chambers County, Texas and the Northwest corner of this tract; THENCE North 77°11'59" East with the North line of this tract, the North line of said PLATO ROAD and the South line of said TRACT II a distance of 1089.38 feet to a 5/8 inch iron rod found at the intersection of the North right of way line of said PLATO ROAD with the West right of way line of State F.M. Highway No. 1405 for the Southeast corner of said TRACT II and the Northeast corner of this tract; TI~NCE in a Southwesterly direction with the West right of line of said F.M. No. 1405 and the East line of this tract, being a curve to the right of having a radius of 2023.48 feet, a central angle of O1°54'03", a length of 67.13 feet and a chord bearing and distance of South 16° 13' 15 "West - b7.12 feet to an iron rod found at the - intersection of the said West right of way line with the South right of way line of said PLATO ROAD for the Northeast corner of said TRACT III and the Southeast corner of 7 this tract; THENCE South 77°06'36" West with the South line of this tract and the North line of said TRACT III a distance of 1019.26 feet to the POIlVT OF BEGIV1vIIdG; cautainin~ 1~4U acres of land. TRACT 3: 17.749 Acres FIELD NOTES of a 17.749 acre tract of land situated in the JOHN DAMS LEAGUE, Abstract No. 15, Chambers County, Texas, being the same 17.753 acre tract of land called TRACT II conveyed by USX CORPORATION to HAZELWOOD ENTERPRISES/JOHNrtIE & ROSE MARY JENNINGS by Deed Dated April 14, 1987, recorded in Volume 10, Page 641 of the Official Public Records of Chambers County, Texas, said 17.749 acre tract of land being more particulazly described by metes and bounds as follows, to wit: BEGINNING at S/8 inch iron rod found at the intersection of the North right of way line of Plato Road (discontinued) with the Northeast right of way line of Tri-City Beach Road being the Southwest corner of said TRACT II and the Southeast.corner and PO.~tT OF BEG1N;~1NG of this tract; THENCE in a Northwesterly direction with the Southwest line of this tract, the Southwest line of said TRACT II and the Northeast right of way line of said Tri-City Beach Road as follows: North 46°42' 14" West (called N 4b°37' 11 "~ a distance of 120.05 (called 120.11) feet to an iron rod at an angle point, North 47°06'11" West (called N 47°07'12"W) a distance of 200.13 (called 200.2 feet to an iron rod at an angle point, . North 46°58'15" West (called N 46°57'14"W) a distance of 137.76 feet to an iron pipe at as angle poi, and North 47°05'59" West (called N 47°05'23 "W) a distance of 226.41 feet to an iron pipe found for the Northwest corner of said TRACT II, the Northwest corner of this tract and the Southwest corner of a called 71.57 acre trace conveyed'by P.J. FISHER and ANNIE FISHER to ROSE MARY JENNIlVGS by Deed dated July Z5, 1956 and recorded in Volume 178, Page 579 of the Deed Records of Chambers County, Texas; THENCE North 77°55'55" East (called N 77°55'42") with the North line of this tract, the North line of said TRACT II and the South line of said 71.57 acre tract of 838.9 feet pass the Southeast corner of said 71.57 acre tract and the Southwest corner of a called 40 acre tract conveyed by HAZEL FISHER to JOHNNIE G. JENNINGS by Deed dated December 6, 1965 and recorded in Volume 270, Page 35 of the Deed Records of Chambers County, Texas and continue for a total distance of 1670.79 8 _; (called 1670.53) feet to an iron rod found in the West right of way line of State F.M. Highway No. 1405 for the Northeast corner of said TRACT II and the Northeast comer of this tract; 'HENCE in a Southwesterly direction with the East line of this tract, the East line of said TRACT II and the West right of lien of said F.M. No. 1405, bP.ing a curYeln .the right having a radius of 2023.48 feet, a central angle of 16°27'05" (called 16°26'05"), a length of 581.01 (called 580.86) feet and a chord bearing and distance of South 07=02'41" West - 579.01 feet to an iron rod found at the intersection of the West right of way line of said F.M. 1405 with the North line of Plato Road (discontinued) for the Southeast comer of said TRACT II and the Southeast corner of this tract; T~NCE South 77°11'59" West (called S 77°11'26"W) with the South line of this tract, the South line of said TRACT II and the North line of Plato Road (discontinued) a distance of 1089.38 (called 1088.89) feet to the POINT OF BEGINNING, containing 17.749 acres of land. TRACT 4: 142.154 Acres iT~LD NOTES. of a 142.1Sa acre. tract of laad situatr',d in the JOH11T IJA1tiiS LEAGUc Abstract No. 15, Chambers County, Texas, being a 95.7206 acre tract of land.rall.ed TRACT I conveyed by USX CORPORATION to HAZELWOOD Eti~I'ERPRISES/JOHNNIE & ROSE MARY JENNINGS by Deed Dated April 14, 1987, recorded in Volume 10, Page 641 of the Official Public Records of Chambers County, Texas, a 5.043 acre tract of land conveyed by UNTTED STATES STEEL CORPORATION to HAZELWOOD ENTERPRISES, INC. by deed dated Apri128, 1986 and recorded in Volume 605, Page 1 of the Deed Records of Chambers County, Texas and a 41.931 acre tract conveyed by aJINFRED B. HIItSCH et al, to JOHNNIE JENNINGS and GENE B. HAZELWOOD by deed dated October 5, 1984 and recorded in Volume 564, Page 504 of the Deed Records of Chambers County, Texas, said 142.1154 acre tract of land being more particularly descn'bed by metes and bounds as follows, to wit: BEGINNIlVG at an iron rod found in the West right of way line of State F.M.~Highway No. 1405 at th,e Southeast corner of TRACT TWO descn'bed in Deed conveyed by JONES & LAUGHLIN STEEL CORPORATION to UNITED STATES STEEL CORPORATION dated December 28, 1966 and recorded in Volume 281, Page 128 of the Deed Records of Chambers County, Texas, the Northeast corner of said 95.7206 and the Northeast corner and POINT OF BEGINNING of this tract; THENCE South 03°00'06" East (called South 03°00'04"E) with said West right of way line, the East line of said TRACT I and the East line of this tract a distance of 1653.48 (called 1655.29) feet to a concrete right of way monument found at an angle point in said West right of way line; 9 ,- ~~ THENCE South 02°29'57" East continuing with the said West right of way line, the East line of said TRACT I and the East line of this tract a distance of 622:89 feet to and iron rod found for the Southeast corner of said TRACT 1 and the Southeast corner of this'tract; THENCE South 82°30'15" West with the South line of this tract and the South line of said TRACT I a distance of 2462.24 feet to a point in the East line of said 41.931 acre tract and the West line of a called 71.57 acre tract conveyed by P. J. FISHER and ANNIE FISHER to ROSE MARY JENNINGS by Deed dated July 25, 1956 and recorded in Volume 178, Page 579 of the Deed Records of Chambers County, Texas for an angle point in said line; THENCE South O1°57'30" East with the East line of said 41.931 acre tract and the West line of said 71.57 acre tract a distance of 890.79 feet to an iron rod found in the Northeast right of way line of Tri-City Beach Road for the Southeast corner of said 41.931 acre tract, the Western most Southwest comer of said 71.57 acre tract and the Southern most corner of this tract; THENCE North 47°02'35" West (called N 47°05'13" W) with the Northeast righruf way line of said Tri-City Beach Road, the South line of said 41.931 acre and the Southwest line of this tract a distance of 1.66.31 (cali~l 168.47; feet to the pn~~t.of curvature of a curve to the left; THENCE continuing with said curve to the left in the said Northeast right of way line, the South line of said 41.931 and the Southwest line of this tract having a central angle of 20°07'50", a radius of 1040 feet, a length of 365.40 (called 364.84) feet, and a chord bearing and distance of North 57°06'30" West - 363.52 feet to the point of tangency of said curve; THENCE North 67° 10'25" West (called N 67° 11' 13 "W) continuing with the said Northeast right of way line, the South line of said 41.931 acrd tract, the Southwest line of said 5.043 acre tract and the Southwest line of this tract a distance of 1082.79 feet to an iron rod found for the Western most Southwest corner of this tract, the Southwest corner of said 41.931 acre tract and the Southeast corner of a 8.57 acre tract of land conveyed by HARRY LAWRENCE MYERS to ROBERT R. CRAWLEY by Deed dated October 20, 1988 and recorded in Volumc 60, Page 521 of the Official Public Records of Chambers County, Texas; THENCE North 32°36' 10" East (called N 32°33'47"E) with the West line of said 41.931 acre tract, the West line of this tract and the East line of said 8.57 acre tract a distance of 362.74 (called 362.80) feet to an iron pipe found for an angle point in said line; THENCE North 31°54'24" East (called N 31°45'47"W) continuing with the West line 10 of said 41.931 acre tract, the West line of this tract and the East line of said 8.57 acre tract a distance of 99.92 (called 100.00) feet to an iron pipe found for an angle point in said line; '1~i1/NCE N 03°27'51" West (called N 03°32'13-~ continuing with the Nest line of said 41.931 acre tract and the West line of this tract a distance of 378.11 feet to a 518 inch iron rod found for the Northwest comer of said 41.931 acre tract and the Western most Northwest corner of this tract; THENCE South 35°30'07" East with the Northwest line of this tract a distance of 42.08 feet to a point on the vegetation line and Southeast shoreline of Cedar Bayou; THENCE with the meanders of said vegetation line and the Southeast shoreline of Cedar Bayou the following courses of distance; South 83°08'09" East a distance of 135.24 feet North 82°50'36" East a distance of 423.87 feet North 58°38'33" East a distance of 106.78 feet North 22°03'32" East a distance of 79.48 feet North 08°11'06" West a distance of 33.09 feet North 22°40'32" East a distance of 71.01 feet North 35°03'41" East a distance of 68.51 feet Norih~03°i9'23' East a distance of 149.74 feet North OS°42'4fr" East a distance of 52.52 feet North 17°56'35" East a distance of 97.25 feet North 43°51'25" East a distance of 33.62 feet North 63°16'15" East a distance of 65.49 felt North 79°50'35" East a distance of 71.41 feet South 80°34'53" East a distance of 114.22 fat South 70° 10' 12" East a distance of 84.35 fat South 67°23'47" East a distance of 247.18 fcet South 66°37'39" East a distance of 181.81 fat North 08°59'07" East a distance of 22.44 feet North OS°15'41" West a distance of 88.40 fcet Noah 14°52'37" East a distance of 96 ~7 feet North 15°12'00" West a distance of 73.88 fat North 07° 12'54" East a distance of 62.30 feel North 46°01'51" East a distance of 57.81 fcet South 35°16'19" East a distance of 106.35 fat and South 89° 12' 14" East a distance of 82.44 feet to the East line of said 41.931 acre tract and the West line of said 95.7206 acre tract, and continuing with the said meanders of said vegetation line and the Southeast shoreline of Cedar Bayou, _ South 79°24'59" East a distance of 129.11 fcet North 38°56'20" East a distance of 80.34 feet North 15°53'11" East a distance of 210.79 fcet 11 ,~. North 00°36'21" West a distance of 205.45 feet North 1S°15'18" East a distance of 124.99 feet North 14°06' 10" East a distance of 119.26 feet _ North 11°57'11" West a distance of 103.27 feet - r North 16°16'39" East a distance of 56 48 feet North 68°21'42" . East a distance of 80.47 feet North 24°52'55" East a distance of 95.92 feet North SO°10'48" East a distance of 203.16 feet North 62°49'00" East a distance of 58.42 feet and North 60°47'21" East a distance of 264.19 feet to a point for the Northwest corner of this tract in the North line of said 95.7206 acre tract and the South line of said TRACT TWO; THENCE North 88°27'20" East with the North line of said TRACT I, the North line of this tract and the South line of said TRACT TWO a distance of 914.37 feet to the POINT OF BEGINNING, containing 142.154 acres of land. TRACT S: 58.149 Acres FI1;LD NUir:S of a 58.149 acre tract of land situated in the .iOHN DAMS LEAGUE, Abstract No. 1S, Chambers County, Texas, being the residue of a called 71.57 acre tract conveyed by P.J. FISHER and ANN1E FISHER to ROSE MARY JENNINGS by Deed dated July 2S, 1956 and recorded in Volume 178, Page 579 of the Deed Records of Chambers County, Texas, said 58.149 acre tract of land being more particulazly described by metes and bounds as follows, to wit: COMMENCING at an iron rod found in the RTest right of way lime of State F.M. Highway No. 1405 for the Southeast corner of a 95.7206 acre tracCof land called TRACT I conveyed by USX CORPORATION to HAZELWOOD ENTERPRLSE/JOHNNIE & ROSE MARY JENNINGS by Deed Dated April 14, 1987, recorded in Volume 10, Page 641 of the Official Public Records of Chambers County, Texas; THENCE South 82°30' 15" West with the South line of said TRACT I a distance of 827.20 feet to a point in the East Line of said 71.57 acre tract and the West line of a called 40 acre tract conveyed by HAZEL FISHER to JOHN1~tIE G. JENNINGS by Deed~dated December 6, 1965 and recorded in Volume 270, Page 35 of the Deed Records of Chambers County, Texas for the Northeast corner and POINT OF BEGINNING of this tract; THENCE South 02°36'22" East with the East line of this tract, the East line of said 71.57 acre tract and the West line of said 40 acre tract a distance of 1719.99 feet to a point on the North line of a called 17.753 acre tract of land called TRACT II conveyed 12 ,~ by USX CORPORATION to HAZELWOOD ENTERPRISE/JOHNNIE & ROSE MARY JENNINGS by Deed Dated Apri114, 1987, recorded in Volume 10, Page 641 of the Official Public Records of Chambers County, Texas, for the Southeast corner of this tract, the Southeast corner of said 71.57 acre tract and the Soutfizvest corner of said 4-0 acre tract; THENCE South 77°55'55" West with the South line of this tract, the South line of said 71.57 acre tract and the North line of said 17.753 acre tract a distance of 838.9 feet to an iron pipe found in the Northeast right of way line of Tri-City Beach Road for the Northwest corner of said 17.753 acre tract, the South comer of this tract and the South corner of said 71.57 acre tract; THENCE North 47°02'35" West with the said Northeast right of way line, the Southwest line of this tract and the Southwest line of said 71.57 acre tract a distance of 1159.33 feet to an iron rod found for the Southwest comer of this tract, the Southwest corner of said 71.57 acre tract and the Southeast corner of 41.931 acre tract conveyed by WINFRED B. HIRSCH et al, to JOHNNIE JENNINGS and GENE B. HAZELWOOD by Deed dated October 5, 1984 and recorded in Volume 564, Page 504 of the Deed Records of Chambers County, Texas; THENCE North O1°57'30° West with the West line of this tract, the west Ime of said 7l .S7 acre tract and the East line of said 41.931 acre tract a distC#~ZtTI"t L1,L7r~tI1~t~~P.C .LxYt MEM6ER5. J.E. fBUSTERI BROWN CHAIRMAN 7EEL BIVINS TOM HAYWOOO JON LINDSAY EDOIE LUCID STEVE OGOEN CARLOSTRUAN ~ !' Mr. Sam D. Seale Texas Association of Counties P.O. Box 2131 Austin, Texas 78%6b'-1.13 i Dear Mr. Seale, ~l~~ttLtz~t1 ~ies>alxrt.es 1pTE OF ~~: _~ ~~ ~ Tx April 30, 1998 You may be aware the Senate Interim Committee on Natural Resources is studying possible criteria for siting solid waste facilities, and preparing recommendations for the 76th Legislative Session as directed b_y Lieutenant Governor Bullock. The Committee staffcontacted the Texas Association of Counties regarding this issue, and extended an invitation to testify during our Brownsville hearing several weeks ago. Apparently, no representatives from your association were able to attend. Through a letter from Susan Wendel, your association presented some approaches to address future landfill siting controversies. However, oral testimony would clarify your association's viewpoints, and allow members of_ the Committee to ask questions, which would be a tremendous asset. Although your organization may not have a consensus position, if the various possibilities were discussed before the Committee, it may contribute to the resolution of this contentious matter. This issue is difficult for all of us; apparently some are reluctant to "fade the heat" that goes with the responsibility of local control. The most controversial issues require the participation of all parties if a lasting solution is to be identified. Please consider this letter a request for testimony from the Texas Association of Counties on the issue of siting solid waste facilities. The Committee is scheduled to meet in Dallas on June 16th, and I look forward to hearing from you at that time. Sincerely, JEB:jds:sn cc: Carey Boethel Susan Wendel P.O. BOX 12068, AUSTIN, TEXAS 78717, St2/463-0390 FAX 512/463-6769 TOD 1-800-735-2989