Texas 2009 - 81st Regular

Texas House Bill HB4225 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R9670 PMO-F
2	2	By: Miller of Comal H.B. No. 4225
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Comal County Water Improvement
8	8	District No. 1; providing authority to impose a tax and issue bonds;
9	9	granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle I, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 9038 to read as follows:
13	13	CHAPTER 9038. COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 1
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 9038.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Comal County Water
19	19	Improvement District No. 1.
20	20	Sec. 9038.002. NATURE OF DISTRICT. The district is a water
21	21	control and improvement district created under Section 59, Article
22	22	XVI, Texas Constitution.
23	23	Sec. 9038.003. CONFIRMATION AND DIRECTORS' ELECTION
24	24	REQUIRED. The temporary directors shall hold an election to
25	25	confirm the creation of the district and to elect five permanent
26	26	directors as provided by Section 49.102, Water Code.
27	27	Sec. 9038.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT
28	28	AGREEMENT REQUIRED. (a) The temporary directors may not hold an
29	29	election under Section 9038.003 until each municipality in whose
30	30	corporate limits or extraterritorial jurisdiction the district is
31	31	located has:
32	32	(1) consented by ordinance or resolution to the
33	33	creation of the district and to the inclusion of land in the
34	34	district; and
35	35	(2) entered into a development agreement under Section
36	36	212.172, Local Government Code, with the retail public utility
37	37	owned by the municipality that addresses water and wastewater
38	38	issues and with the owners of land in the district that addresses
39	39	relevant issues, including:
40	40	(A) the provision of services other than water or
41	41	wastewater services to land in the district, including emergency
42	42	services and solid waste collection;
43	43	(B) traffic and roadway impacts caused by the
44	44	creation of the district;
45	45	(C) the amount of debt to be issued by the
46	46	district or any new district created by the division of the
47	47	district;
48	48	(D) a plan for dividing the district, including
49	49	the number, location, and size of any new districts created by the
50	50	division of the district;
51	51	(E) fire flow; and
52	52	(F) a prohibition against a retail public
53	53	utility, as defined by Section 13.002, Water Code, other than the
54	54	retail public utility owned by the municipality, from providing
55	55	retail water or wastewater service to the property in the district
56	56	or a new district created by the division of the district.
57	57	(b) The development agreement may not contain a provision
58	58	prohibited by Section 212.174, Local Government Code, in relation
59	59	to the provision of utility service.
60	60	(c) A confirmation election held in violation of this
61	61	section is void.
62	62	Sec. 9038.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
63	63	The district is created to serve a public purpose and benefit.
64	64	(b) The district is created to accomplish the purposes of:
65	65	(1) a water control and improvement district as
66	66	provided by general law and Section 59, Article XVI, Texas
67	67	Constitution; and
68	68	(2) Section 52, Article III, Texas Constitution, that
69	69	relate to the construction, acquisition, improvement, operation,
70	70	or maintenance of macadamized, graveled, or paved roads, or
71	71	improvements, including storm drainage, in aid of those roads.
72	72	Sec. 9038.006. INITIAL DISTRICT TERRITORY. (a) The
73	73	district is initially composed of the territory described by
74	74	Section 2 of the Act creating this chapter.
75	75	(b) The boundaries and field notes contained in Section 2 of
76	76	the Act creating this chapter form a closure. A mistake made in the
77	77	field notes or in copying the field notes in the legislative process
78	78	does not affect the district's:
79	79	(1) organization, existence, or validity;
80	80	(2) right to issue any type of bond for the purposes
81	81	for which the district is created or to pay the principal of and
82	82	interest on a bond;
83	83	(3) right to impose a tax; or
84	84	(4) legality or operation.
85	85	[Sections 9038.007-9038.050 reserved for expansion]
86	86	SUBCHAPTER B. BOARD OF DIRECTORS
87	87	Sec. 9038.051. GOVERNING BODY; TERMS. (a) The district is
88	88	governed by a board of five elected directors.
89	89	(b) Except as provided by Section 9038.052, directors serve
90	90	staggered four-year terms.
91	91	Sec. 9038.052. TEMPORARY DIRECTORS. (a) The temporary
92	92	board consists of:
93	93	(1) Donnie Shaw;
94	94	(2) Bob Shemwell;
95	95	(3) Joe Dawson;
96	96	(4) Dick Nevitt; and
97	97	(5) Robert Whitley.
98	98	(b) Temporary directors serve until the earlier of:
99	99	(1) the date permanent directors are elected under
100	100	Section 9038.003; or
101	101	(2) the fourth anniversary of the effective date of
102	102	the Act creating this chapter.
103	103	(c) If permanent directors have not been elected under
104	104	Section 9038.003 and the terms of the temporary directors have
105	105	expired, successor temporary directors shall be appointed or
106	106	reappointed as provided by Subsection (d) to serve terms that
107	107	expire on the earlier of:
108	108	(1) the date permanent directors are elected under
109	109	Section 9038.003; or
110	110	(2) the fourth anniversary of the date of the
111	111	appointment or reappointment.
112	112	(d) If Subsection (c) applies, the owner or owners of a
113	113	majority of the assessed value of the real property in the district
114	114	may submit a petition to the commission requesting that the
115	115	commission appoint as successor temporary directors the five
116	116	persons named in the petition. The commission shall appoint as
117	117	successor temporary directors the five persons named in the
118	118	petition.
119	119	[Sections 9038.053-9038.100 reserved for expansion]
120	120	SUBCHAPTER C. POWERS AND DUTIES
121	121	Sec. 9038.101. GENERAL POWERS AND DUTIES. The district has
122	122	the powers and duties necessary to accomplish the purposes for
123	123	which the district is created.
124	124	Sec. 9038.102. WATER CONTROL AND IMPROVEMENT DISTRICT
125	125	POWERS AND DUTIES. The district has the powers and duties provided
126	126	by the general law of this state, including Chapters 49 and 51,
127	127	Water Code, applicable to water control and improvement districts
128	128	created under Section 59, Article XVI, Texas Constitution, and
129	129	including powers relating to sanitary sewer.
130	130	Sec. 9038.103. AUTHORITY FOR ROAD PROJECTS. Under Section
131	131	52, Article III, Texas Constitution, the district may design,
132	132	acquire, construct, finance, issue bonds for, improve, operate,
133	133	maintain, and convey to this state, a county, or a municipality for
134	134	operation and maintenance macadamized, graveled, or paved roads, or
135	135	improvements, including storm drainage, in aid of those roads.
136	136	Sec. 9038.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
137	137	project must meet all applicable construction standards, zoning and
138	138	subdivision requirements, and regulations of each municipality in
139	139	whose corporate limits or extraterritorial jurisdiction the road
140	140	project is located.
141	141	(b) If a road project is not located in the corporate limits
142	142	or extraterritorial jurisdiction of a municipality, the road
143	143	project must meet all applicable construction standards,
144	144	subdivision requirements, and regulations of each county in which
145	145	the road project is located.
146	146	(c) If the state will maintain and operate the road, the
147	147	Texas Transportation Commission must approve the plans and
148	148	specifications of the road project.
149	149	Sec. 9038.105. WATER AND WASTEWATER INFRASTRUCTURE. (a)
150	150	The district may not construct a water or wastewater facility
151	151	unless any municipality in whose corporate limits or
152	152	extraterritorial jurisdiction the facility is located at the time
153	153	of construction has approved the plans and specifications of the
154	154	facility.
155	155	(b) On completion of a water or wastewater facility
156	156	described in a development agreement between the district and a
157	157	municipality, the district shall convey the facility to the
158	158	municipality or to the retail public utility owned by the
159	159	municipality, free of all liens, claims, or encumbrances, in the
160	160	form and manner acceptable to the municipality or retail public
161	161	utility.
162	162	Sec. 9038.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
163	163	OR RESOLUTION AND DEVELOPMENT AGREEMENT. (a) The district shall
164	164	comply with all applicable requirements of any ordinance or
165	165	resolution that is adopted under Section 42.042, Local Government
166	166	Code, and that consents to the creation of the district or to the
167	167	inclusion of land in the district.
168	168	(b) Notwithstanding other law, a municipality may place a
169	169	condition or restriction on the creation of the district or
170	170	inclusion of land in the district that is:
171	171	(1) expressly permitted by Sections 54.016(e) and (i),
172	172	Water Code; or
173	173	(2) contained in the development agreement entered
174	174	into under Section 212.172, Local Government Code, and this
175	175	chapter.
176	176	Sec. 9038.107. LIMITATION ON USE OF EMINENT DOMAIN. The
177	177	district may not exercise the power of eminent domain outside the
178	178	district to acquire a site or easement for:
179	179	(1) a road project authorized by Section 9038.103; or
180	180	(2) a recreational facility as defined by Section
181	181	49.462, Water Code.
182	182	Sec. 9038.108. DIVISION OF DISTRICT. (a) The district may
183	183	be divided into two or more new districts only if the district:
184	184	(1) has no outstanding bonded debt; and
185	185	(2) is not imposing ad valorem taxes.
186	186	(b) This chapter applies to any new district created by the
187	187	division of the district, and a new district has all the powers and
188	188	duties of the district.
189	189	(c) Any new district created by the division of the district
190	190	may not, at the time the new district is created, contain any land
191	191	outside the area described by Section 2 of the Act creating this
192	192	chapter.
193	193	(d) The board, on its own motion or on receipt of a petition
194	194	signed by the owner or owners of a majority of the assessed value of
195	195	the real property in the district, may adopt an order dividing the
196	196	district.
197	197	(e) The board may adopt an order dividing the district
198	198	before or after the date the board holds an election under Section
199	199	9038.003 to confirm the district's creation.
200	200	(f) An order dividing the district shall:
201	201	(1) name each new district;
202	202	(2) include the metes and bounds description of the
203	203	territory of each new district;
204	204	(3) appoint temporary directors for each new district;
205	205	and
206	206	(4) provide for the division of assets and liabilities
207	207	between or among the new districts.
208	208	(g) On or before the 30th day after the date of adoption of
209	209	an order dividing the district, the district shall file the order
210	210	with the Texas Commission on Environmental Quality and record the
211	211	order in the real property records of each county in which the
212	212	district is located.
213	213	(h) Any new district created by the division of the district
214	214	shall hold a confirmation and directors' election as required by
215	215	Section 9038.003.
216	216	(i) Municipal consent to the creation of the district and to
217	217	the inclusion of land in the district granted under Section
218	218	9038.004 acts as municipal consent to the creation of any new
219	219	district created by the division of the district and to the
220	220	inclusion of land in the new district.
221	221	(j) Any new district created by the division of the district
222	222	must hold an election as required by this chapter to obtain voter
223	223	approval before the district may impose a maintenance tax or issue
224	224	bonds payable wholly or partly from ad valorem taxes.
225	225	Sec. 9038.109. LIMITATION ON ANNEXATION OF LAND BY
226	226	DISTRICT. The district or any new district created by the division
227	227	of the district may not annex land outside the area described by
228	228	Section 2 of the Act creating this chapter without the consent of
229	229	each municipality in whose corporate limits or extraterritorial
230	230	jurisdiction any of the land in the area described by Section 2 of
231	231	the Act creating this chapter is located.
232	232	Sec. 9038.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
233	233	For the purposes of Section 43.021(2), Local Government Code, or
234	234	other law, including a municipal charter or ordinance relating to
235	235	annexation, an area adjacent to the district or any new district
236	236	created by the division of the district is considered adjacent to a
237	237	municipality in whose corporate limits or extraterritorial
238	238	jurisdiction any of the land in the area described by Section 2 of
239	239	the Act creating this chapter is located.
240	240	[Sections 9038.111-9038.150 reserved for expansion]
241	241	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
242	242	Sec. 9038.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
243	243	district may issue, without an election, bonds and other
244	244	obligations secured by:
245	245	(1) revenue other than ad valorem taxes; or
246	246	(2) contract payments described by Section 9038.153.
247	247	(b) The district must hold an election in the manner
248	248	provided by Chapters 49 and 51, Water Code, to obtain voter approval
249	249	before the district may impose an ad valorem tax or issue bonds
250	250	payable from ad valorem taxes.
251	251	(c) The district may not issue bonds payable from ad valorem
252	252	taxes to finance a road project unless the issuance is approved by a
253	253	vote of a two-thirds majority of the district voters voting at an
254	254	election held for that purpose.
255	255	Sec. 9038.152. OPERATION AND MAINTENANCE TAX. (a) If
256	256	authorized at an election held under Section 9038.151, the district
257	257	may impose an operation and maintenance tax on taxable property in
258	258	the district in accordance with Section 49.107, Water Code.
259	259	(b) The board shall determine the tax rate. The rate may not
260	260	exceed the rate approved at the election.
261	261	Sec. 9038.153. CONTRACT TAXES. (a) In accordance with
262	262	Section 49.108, Water Code, the district may impose a tax other than
263	263	an operation and maintenance tax and use the revenue derived from
264	264	the tax to make payments under a contract after the provisions of
265	265	the contract have been approved by a majority of the district voters
266	266	voting at an election held for that purpose.
267	267	(b) A contract approved by the district voters may contain a
268	268	provision stating that the contract may be modified or amended by
269	269	the board without further voter approval.
270	270	[Sections 9038.154-9038.200 reserved for expansion]
271	271	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
272	272	Sec. 9038.201. AUTHORITY TO ISSUE BONDS AND OTHER
273	273	OBLIGATIONS. The district may issue bonds or other obligations
274	274	payable wholly or partly from ad valorem taxes, impact fees,
275	275	revenue, contract payments, grants, or other district money, or any
276	276	combination of those sources, to pay for any authorized district
277	277	purpose.
278	278	Sec. 9038.202. TAXES FOR BONDS. At the time the district
279	279	issues bonds payable wholly or partly from ad valorem taxes, the
280	280	board shall provide for the annual imposition of a continuing
281	281	direct ad valorem tax, without limit as to rate or amount, while all
282	282	or part of the bonds are outstanding as required and in the manner
283	283	provided by Section 51.433, Water Code.
284	284	Sec. 9038.203. BONDS FOR ROAD PROJECTS. At the time of
285	285	issuance, the total principal amount of bonds or other obligations
286	286	issued or incurred to finance road projects and payable from ad
287	287	valorem taxes may not exceed one-fourth of the assessed value of the
288	288	real property in the district.
289	289	SECTION 2. The Comal County Water Improvement District No.
290	290	1 initially includes all the territory contained in the following
291	291	area:
292	292	Being a 2445 acre tract of land describing a political
293	293	subdivision lying in the J.M Veramendi Survey No. 1, Abstract 2, and
294	294	the J.M. Veramendi Survey No. 2, Abstract 3, Comal County, Texas,
295	295	same being a portion of a 2086 acre tract of land described as
296	296	"FIRST TRACT" and all of a 694 acre tract of land described as
297	297	"FOURTH TRACT" and recorded in Document No. 9906001224, Official
298	298	Records of Comal County, Texas, same also being a portion of River
299	299	Road and being more particularly described by metes and bounds as
300	300	follows:
301	301	BEGINNING at a point in the north right-of-way line of Loop
302	302	337 at the southwest corner of a 17.089 acre tract as recorded in
303	303	Comal County as Document No. 200706020677 for a corner of the herein
304	304	described 2445 acre tract, the PLACE OF BEGINNING;
305	305	THENCE along the aforementioned right-of-way line of Loop 337
306	306	the following five courses:
307	307	S 60 46' 29" W a distance of 101.13 feet to a point;
308	308	S 54 22' 29" W a distance of 391.10 feet to a point;
309	309	S 53 29' 29" W a distance of 4077.20 feet to a point of
310	310	curvature;
311	311	A distance of 449.60 feet with an arc of a curve to the left
312	312	having a radius of 2412.00 feet, a central angle of 10 40'
313	313	48", and a chord that bears S 48 09' 05" W a distance of
314	314	448.95 feet to a point;
315	315	S 42 30' 29" W a distance of 2.23 feet to a point in the
316	316	southwest line of the J.M. Veramendi Survey No. 2 for the
317	317	south corner of the herein described 2445 acre tract;
318	318	THENCE leaving the aforementioned right-of-way line of Loop
319	319	337 along the southwest line of the aforementioned J.M. Veramendi
320	320	Survey No. 2, N 37 31' 44" W a distance of 6360.32 feet to a point
321	321	for an angle point of the herein described 2445 acre tract;
322	322	THENCE leaving the aforementioned southwest line of the J.M.
323	323	Veramendi Survey No. 2, N 38 57' 51" W a distance of 787.42 feet to a
324	324	point for the northwest corner of the herein described 2445 acre
325	325	tract.
326	326	THENCE N 52 44' 09" E a distance of 8757.60 feet to a point in
327	327	the west right-of-way line of Hueco Springs Loop;
328	328	THENCE along the aforementioned west right-of-way line of
329	329	Hueco Springs Loop and the west right-of-way line of River Road the
330	330	following two courses:
331	331	S 86 32' 16" E a distance of 201.43 feet to a point of
332	332	curvature;
333	333	A distance of 344.47 feet with the arc of a curve to the right
334	334	having a radius of 400.00 feet, a central angle of 49 20' 30",
335	335	and a chord bearing S 61 52' 01" E a distance of 333.92 feet
336	336	to a point;
337	337	THENCE leaving the aforementioned west right-of-way line of
338	338	River Road and crossing said road, N 52 48' 14" E a distance of
339	339	64.75 feet to a point on the east right-of-way line of said River
340	340	Road;
341	341	THENCE continuing along the aforementioned east right-of-way
342	342	line of River Road the following five courses:
343	343	N 03 20' 51" W a distance of 73.11 feet to a point;
344	344	N 32 12' 23" E a distance of 293.67 feet to a point;
345	345	N 28 16' 58" E a distance of 202.11 feet to a point of
346	346	curvature;
347	347	A distance of 290.48 feet with the arc of a curve to the left
348	348	having a radius of 450.00 feet, a central angle of 36 59' 07",
349	349	and a chord bearing N 09 47' 24" E a distance of 285.46 feet
350	350	to a point of tangency;
351	351	N 08 42' 09" W a distance of 323.51 feet to a point for the
352	352	northernmost corner of the herein described 2445 acre tract;
353	353	THENCE leaving the east right-of-way line of aforementioned
354	354	River Road, N 52 41' 09" E a distance of 2775.35 feet to a point on
355	355	the Guadalupe River;
356	356	THENCE along the Guadalupe River the following twenty-nine
357	357	courses:
358	358	S 73 21' 29" E a distance of 99.49 feet to a point;
359	359	S 67 02' 29" E a distance of 262.24 feet to a point;
360	360	S 59 02' 29" E a distance of 195.70 feet to a point;
361	361	S 67 22' 29" E a distance of 283.64 feet to a point;
362	362	S 69 24' 29" E a distance of 184.28 feet to a point;
363	363	S 79 18' 29" E a distance of 541.48 feet to a point;
364	364	S 82 18' 29" E a distance of 262.44 feet to a point;
365	365	N 87 03' 31" E a distance of 185.33 feet to a point;
366	366	S 89 01' 29" E a distance of 258.74 feet to a point;
367	367	N 82 26' 31" E a distance of 234.79 feet to a point;
368	368	N 87 13' 31" E a distance of 210.43 feet to a point;
369	369	N 86 06' 31" E a distance of 248.84 feet to a point;
370	370	N 88 29' 31" E a distance of 97.51 feet to a point;
371	371	N 87 15' 31" E a distance of 293.24 feet to a point;
372	372	S 8100' 23" E a distance of 536.80 feet to a point;
373	373	S 53 20' 34" E a distance of 546.25 feet to a point;
374	374	S 26 51' 29" E a distance of 299.44 feet to a point;
375	375	S 00 03' 29" E a distance of 386.26 feet to a point;
376	376	S 12 01' 31" W a distance of 482.97 feet to a point;
377	377	S 01 18' 29" E a distance of 746.61 feet to a point;
378	378	S 14 32' 29" E a distance of 499.47 feet to a point;
379	379	S 29 01' 29" E a distance of 610.79 feet to a point;
380	380	S 69 20' 29" E a distance of 539.78 feet to a point;
381	381	N 88 50' 31" E a distance of 313.71 feet to a point;
382	382	N 89 38' 31" E a distance of 328.55 feet to a point;
383	383	N 87 22' 31" E a distance of 181.63 feet to a point;
384	384	N 77 54' 31" E a distance of 269.04 feet to a point;
385	385	N 62 05' 31" E a distance of 199.13 feet to a point;
386	386	N 72 05' 31" E a distance of 245.29 feet to a point;
387	387	N 66 41' 31" E a distance of 220.09 feet to a point for the
388	388	easternmost corner of the herein described 2445 acre tract;
389	389	THENCE leaving the Guadalupe River, S 52 06' 17" W a distance
390	390	of 587.77 feet to a point on the high bluff of said river;
391	391	THENCE along the aforementioned high bluff of the Guadalupe
392	392	River, S 85 06' 17" W a distance of 175.33 feet to a point on a fence
393	393	line;
394	394	THENCE along aforementioned fence, S 07 06' 17" W a distance
395	395	of 135.02 feet to a point;
396	396	THENCE along the aforementioned fence the following 7
397	397	courses:
398	398	S 52 48' 17" W a distance of 771.62 feet to a point;
399	399	S 57 07' 17" W a distance of 516.98 feet to a point;
400	400	S 52 10' 17" W a distance of 1029.25 feet to a point;
401	401	S 60 35' 17" W a distance of 72.71 feet to a point;
402	402	S 47 20' 17" W a distance of 764.86 feet to a point;
403	403	S 51 58' 17" W a distance of 848.33 feet to a point;
404	404	S 50 15' 17" W a distance of 324.45 feet to a point;
405	405	THENCE S 53 31' 17" W passing at 278.25 feet the east
406	406	right-of-way line of the aforementioned River Road, and continuing
407	407	for a total distance of 333.82 feet to a point on the west
408	408	right-of-way line of said road;
409	409	THENCE with the west right-of-way line of aforementioned
410	410	River Road the following two courses
411	411	S 34 53' 06" E a distance of 0.49 feet to a point;
412	412	S 34 53' 23" E a distance of 1503.31 feet to a point;
413	413	THENCE leaving the west right-of-way line of the
414	414	aforementioned River Road, S 49 59' 06" W a distance of 598.74 feet
415	415	to a point;
416	416	THENCE S 36 32' 54" E a distance of 654.05 feet to a point on
417	417	the north right-of-way line of the aforementioned Loop 337;
418	418	THENCE along the north right-of-way line of the
419	419	aforementioned Loop 337 the following seven courses:
420	420	S 79 28' 29" W a distance of 48.36 feet to a point;
421	421	S 73 45' 29" W a distance of 201.00 feet to a point;
422	422	S 79 28' 29" W a distance of 700.00 feet to a point;
423	423	S 76 36' 29" W a distance of 200.30 feet to a point;
424	424	S 79 28' 29" W a distance of 1258.30 feet to a point of
425	425	curvature;
426	426	A distance of 1204.36 feet with the arc of a curve to the left
427	427	having a radius of 5839.60 feet, a central angle of 11 49'
428	428	00", and a chord bearing S 73 33' 59" W a distance of 1202.22
429	429	feet to a point of tangency;
430	430	S 67 39' 29" W a distance of 516.41 feet to a point in a return
431	431	on the south line of a 17.089 acre tract as shown on a survey
432	432	plat by CDS/Muery Services dated April 23, 2007, recorded in
433	433	Comal County as document no. 200706020677;
434	434	THENCE along the east line of the aforementioned 17.089 acre
435	435	tract the following eight courses:
436	436	A distance of 78.08 feet with the arc of a curve to the left
437	437	having a radius of 50.00 feet, a central angle of 89 28' 37",
438	438	and a chord bearing N 22 08' 13" E a distance of 70.39 feet to
439	439	a point of tangency;
440	440	N 22 36' 07" W a distance of 149.65 feet to a point;
441	441	N 32 49' 27" W a distance of 61.98 feet to a point;
442	442	N 22 36' 07" W a distance of 43.27 feet to a point of
443	443	curvature;
444	444	A distance of 37.80 feet with the arc of a curve to the right
445	445	having a radius of 616.00 feet, a central angle of 3 30' 56",
446	446	and a chord bearing N 20 50' 38" W a distance of 37.79 feet to
447	447	a point;
448	448	N 06 24' 59" W a distance of 65.66 feet to a point;
449	449	A distance of 109.40 feet with the arc of a curve to the right
450	450	having a radius of 605.00 feet, a central angle of 10 21' 40",
451	451	and a chord bearing N 07 49' 38" W a distance of 109.28 feet
452	452	to a point of tangency;
453	453	North 02 38' 48" West a distance of 107.03 feet to a point of
454	454	curvature;
455	455	THENCE along the north line of the aforementioned 17.089 acre
456	456	tract:
457	457	A distance of 39.28 feet with the arc of a curve to the left
458	458	having a radius of 25.00 feet, a central angle of 90 00' 00",
459	459	and a chord bearing N 47 38' 48" W a distance of 35.36 feet to
460	460	a point of tangency;
461	461	S 87 21' 12" W a distance of 667.49 feet to a point of
462	462	curvature;
463	463	A distance of 768.90 feet with the arc of a curve to the left
464	464	having a radius of 926.14 feet, a central angle of 47 34' 06",
465	465	and a chord bearing S 63 34' 09" W ad distance of 747.01 feet
466	466	to a point;
467	467	THENCE along the west line of the aforementioned 17.089 acre
468	468	tract, S 35 39' 49" E a distance of 480.06 feet to a point;
469	469	THENCE leaving the west line of the aforementioned 17.089
470	470	acre, the following three courses:
471	471	S 54 19' 09" W a distance of 147.99 feet to a point;
472	472	S 35 27' 43" E a distance of 115.07 feet to a point;
473	473	N 54 19' 09" E a distance of 148.39 feet to a point in the west
474	474	line of the aforementioned 17.089 acre tract;
475	475	THENCE along the west line of the aforementioned 17.089 acre
476	476	tract, S 35 39' 49" E a distance of 310.55 feet the PLACE OF
477	477	BEGINNING, and containing 2,445 acres of land, more or less.
478	478	SECTION 3. (a) The legal notice of the intention to
479	479	introduce this Act, setting forth the general substance of this
480	480	Act, has been published as provided by law, and the notice and a
481	481	copy of this Act have been furnished to all persons, agencies,
482	482	officials, or entities to which they are required to be furnished
483	483	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
484	484	Government Code.
485	485	(b) The governor, one of the required recipients, has
486	486	submitted the notice and Act to the Texas Commission on
487	487	Environmental Quality.
488	488	(c) The Texas Commission on Environmental Quality has filed
489	489	its recommendations relating to this Act with the governor, the
490	490	lieutenant governor, and the speaker of the house of
491	491	representatives within the required time.
492	492	(d) All requirements of the constitution and laws of this
493	493	state and the rules and procedures of the legislature with respect
494	494	to the notice, introduction, and passage of this Act are fulfilled
495	495	and accomplished.
496	496	SECTION 4. This Act takes effect immediately if it receives
497	497	a vote of two-thirds of all the members elected to each house, as
498	498	provided by Section 39, Article III, Texas Constitution. If this
499	499	Act does not receive the vote necessary for immediate effect, this
500	500	Act takes effect September 1, 2009.