Texas 2009 - 81st Regular

Texas House Bill HB4717 Compare Versions

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1	1	81R22920 GCB-D
2	2	By: Keffer H.B. No. 4717
3	3	Substitute the following for H.B. No. 4717:
4	4	By: Creighton C.S.H.B. No. 4717
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Maverick Improvement District of
10	10	Palo Pinto County; providing authority to impose a tax and issue
11	11	bonds; granting a limited power of eminent domain.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 4, Special District Local Laws
14	14	Code, is amended by adding Chapter 3870 to read as follows:
15	15	CHAPTER 3870. MAVERICK IMPROVEMENT DISTRICT
16	16	OF PALO PINTO COUNTY
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 3870.001. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the board of directors of the
20	20	district.
21	21	(2) "Director" means a board member.
22	22	(3) "District" means the Maverick Improvement
23	23	District of Palo Pinto County.
24	24	Sec. 3870.002. NATURE OF DISTRICT. The district is a
25	25	special district created under Section 59, Article XVI, and
26	26	Sections 52 and 52-a, Article III, Texas Constitution.
27	27	Sec. 3870.003. CONFIRMATION AND DIRECTORS' ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 3870.004. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section 3870.003
33	33	until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district.
37	37	Sec. 3870.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
38	38	The district is created to serve a public purpose and benefit. By
39	39	creating the district and in authorizing the county of Palo Pinto
40	40	and other political subdivisions to contract with the district, the
41	41	legislature has established a program to accomplish the public
42	42	purposes set out in Section 52-a, Article III, Texas Constitution.
43	43	(b) The district is created to accomplish the purposes of
44	44	promoting, developing, encouraging, and maintaining employment,
45	45	commerce, transportation, housing, tourism, recreation, economic
46	46	development, safety, and the public welfare in the district, and to
47	47	accomplish the purposes of:
48	48	(1) a municipal utility district as provided by
49	49	general law and Section 59, Article XVI, Texas Constitution;
50	50	(2) a county development district as provided by
51	51	general law and Section 52-a, Article III, Texas Constitution;
52	52	(3) Section 52, Article III, Texas Constitution,
53	53	related to the construction, acquisition, improvement, operation,
54	54	or maintenance of macadamized, graveled, or paved roads, or
55	55	improvements, including storm drainage, in aid of those roads; and
56	56	(4) Section 52-a, Article III, Texas Constitution,
57	57	related to the provision of public recreational facilities,
58	58	including docks and boat access facilities, pedestrian ways and
59	59	street lighting and parking, and the installation of signage and
60	60	landscaping and the development of certain areas in the district
61	61	that are necessary for the restoration, preservation, and
62	62	enhancement of scenic beauty.
63	63	Sec. 3870.006. INITIAL DISTRICT TERRITORY. (a) The
64	64	district is initially composed of the territory described by
65	65	Section 2 of the Act creating this chapter.
66	66	(b) The boundaries and field notes contained in Section 2 of
67	67	the Act creating this chapter form a closure. A mistake made in the
68	68	field notes or in copying the field notes in the legislative process
69	69	does not affect the district's:
70	70	(1) organization, existence, or validity;
71	71	(2) right to issue any type of bond for the purposes
72	72	for which the district is created or to pay the principal of and
73	73	interest on a bond;
74	74	(3) right to impose a tax; or
75	75	(4) legality or operation.
76	76	[Sections 3870.007-3870.050 reserved for expansion]
77	77	SUBCHAPTER B. BOARD OF DIRECTORS
78	78	Sec. 3870.051. GOVERNING BODY; TERMS. (a) The district is
79	79	governed by a board of five elected directors.
80	80	(b) Except as provided by Section 3870.052, directors serve
81	81	staggered four-year terms.
82	82	Sec. 3870.052. TEMPORARY DIRECTORS. (a) On or after
83	83	September 1, 2009, the owner or owners of a majority of the assessed
84	84	value of the real property in the district may submit a petition to
85	85	the Texas Commission on Environmental Quality requesting that the
86	86	commission appoint as temporary directors the five persons named in
87	87	the petition. The commission shall appoint as temporary directors
88	88	the five persons named in the petition.
89	89	(b) Temporary directors serve until the earlier of:
90	90	(1) the date permanent directors are elected under
91	91	Section 3870.003; or
92	92	(2) September 1, 2013.
93	93	(c) If permanent directors have not been elected under
94	94	Section 3870.003 and the terms of the temporary directors have
95	95	expired, successor temporary directors shall be appointed or
96	96	reappointed as provided by Subsection (d) to serve terms that
97	97	expire on the earlier of:
98	98	(1) the date permanent directors are elected under
99	99	Section 3870.003; or
100	100	(2) the fourth anniversary of the date of the
101	101	appointment or reappointment.
102	102	(d) If Subsection (c) applies, the owner or owners of a
103	103	majority of the assessed value of the real property in the district
104	104	may submit a petition to the commission requesting that the
105	105	commission appoint as successor temporary directors the five
106	106	persons named in the petition. The commission shall appoint as
107	107	successor temporary directors the five persons named in the
108	108	petition.
109	109	[Sections 3870.053-3870.100 reserved for expansion]
110	110	SUBCHAPTER C. POWERS AND DUTIES
111	111	Sec. 3870.101. GENERAL POWERS AND DUTIES. The district has
112	112	the powers and duties necessary to accomplish the purposes for
113	113	which the district is created.
114	114	Sec. 3870.102. MUNICIPAL UTILITY DISTRICT POWERS AND
115	115	DUTIES. The district has the powers and duties provided by the
116	116	general law of this state, including Chapters 49 and 54, Water Code,
117	117	applicable to municipal utility districts created under Section 59,
118	118	Article XVI, Texas Constitution.
119	119	Sec. 3870.103. ROAD PROJECTS. Under Section 52, Article
120	120	III, Texas Constitution, the district may design, acquire,
121	121	construct, finance, improve, operate, and maintain macadamized,
122	122	graveled, or paved roads, or improvements, including storm
123	123	drainage, in aid of those roads, and may convey those roads or
124	124	improvements to this state, a county, or a municipality to operate
125	125	and maintain.
126	126	Sec. 3870.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
127	127	project must meet all applicable construction standards, zoning and
128	128	subdivision requirements, and regulatory ordinances of a
129	129	municipality in whose corporate limits or extraterritorial
130	130	jurisdiction the road project is located.
131	131	(b) If a road project is not located in the corporate limits
132	132	or extraterritorial jurisdiction of a municipality, the road
133	133	project must meet all applicable construction standards, zoning and
134	134	subdivision requirements, and orders of a county in which the road
135	135	project is located.
136	136	(c) If the state will maintain and operate the road, the
137	137	Texas Transportation Commission must approve the plans and
138	138	specifications of the road project.
139	139	Sec. 3870.105. COMPLIANCE WITH MUNICIPAL CONSENT
140	140	ORDINANCES OR RESOLUTIONS. The district shall comply with all
141	141	applicable requirements of any ordinance or resolution adopted by
142	142	the governing body of a municipality under Section 54.016 or
143	143	54.0165, Water Code, that consents to the creation of the district
144	144	or to the inclusion of land in the district.
145	145	Sec. 3870.106. LIMITATION ON USE OF EMINENT DOMAIN. The
146	146	district may exercise the power of eminent domain only inside the
147	147	district's boundaries.
148	148	Sec. 3870.107. AGREEMENTS; GRANTS. (a) The district may
149	149	make an agreement with or accept a gift, grant, or loan from any
150	150	person.
151	151	(b) The board may enter into a contract with another
152	152	political subdivision or the state to share the costs of
153	153	construction, acquisition, operation, or maintenance of a
154	154	transportation improvement, including a road, a bridge, a culvert,
155	155	a parking facility, or another public improvement.
156	156	(c) The implementation of a district project is a
157	157	governmental function or service for the purposes of Chapter 791,
158	158	Government Code.
159	159	Sec. 3870.108. DIVISION OF DISTRICT. (a) The district may
160	160	be divided into two or more new districts only if the district:
161	161	(1) has no outstanding bonded debt; and
162	162	(2) is not imposing ad valorem taxes.
163	163	(b) This chapter applies to any new district created by the
164	164	division of the district, and a new district has all the powers and
165	165	duties of the district.
166	166	(c) Any new district created by the division of the district
167	167	may not, at the time the new district is created, contain any land
168	168	outside the area described by Section 2 of the Act creating this
169	169	chapter.
170	170	(d) The board, on its own motion or on receipt of a petition
171	171	signed by the owners of a majority of the assessed value of real
172	172	property in the district according to the most recent certified
173	173	appraisal roll for the county in which the district is located, may
174	174	adopt an order dividing the district. An order dividing the
175	175	district may be adopted before or after an election to confirm the
176	176	district as required by Section 3870.003.
177	177	(e) The board may adopt an order dividing the district
178	178	before or after the date the board holds an election under Section
179	179	3870.003 to confirm the district's creation.
180	180	(f) An order dividing the district shall:
181	181	(1) name each new district;
182	182	(2) include the metes and bounds of each new district;
183	183	(3) appoint temporary directors for each new district;
184	184	and
185	185	(4) provide for the division of assets and liabilities
186	186	between each new district.
187	187	(g) On or before the 30th day after the adoption of an order
188	188	dividing the district, the district shall file the order dividing
189	189	the district with the Texas Commission on Environmental Quality and
190	190	record the order in the real property records of the county in which
191	191	the district is located.
192	192	(h) Any new district created by the division of the district
193	193	shall hold a confirmation and directors' election as required by
194	194	Section 49.102, Water Code.
195	195	(i) Municipal consent to the creation of the district and to
196	196	the inclusion of land in the district granted under Section
197	197	3870.004 acts as municipal consent to the creation of any new
198	198	district created by the division of the district and to the
199	199	inclusion of land in the new district.
200	200	(j) Any new district created by the division of the district
201	201	must hold an election in the manner provided by Chapters 49 and 54,
202	202	Water Code, to obtain voter approval before the district may impose
203	203	a maintenance tax or issue bonds payable wholly or partly from ad
204	204	valorem taxes.
205	205	[Sections 3870.109-3870.150 reserved for expansion]
206	206	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
207	207	Sec. 3870.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
208	208	district may issue, without an election, bonds and other
209	209	obligations secured by:
210	210	(1) revenue other than ad valorem taxes; or
211	211	(2) contract payments described by Section 3870.153.
212	212	(b) The district must hold an election in the manner
213	213	provided by Chapters 49 and 54, Water Code, to obtain voter approval
214	214	before the district may impose an ad valorem tax or issue bonds
215	215	payable from ad valorem taxes.
216	216	(c) The district may not issue bonds payable from ad valorem
217	217	taxes to finance a road project unless the issuance is approved by a
218	218	vote of a two-thirds majority of the district voters voting at an
219	219	election held for that purpose.
220	220	Sec. 3870.152. OPERATION AND MAINTENANCE TAX. (a) If
221	221	authorized at an election held under Section 3870.151, the district
222	222	may impose an operation and maintenance tax on taxable property in
223	223	the district as provided by Section 49.107, Water Code.
224	224	(b) The board shall determine the tax rate. The rate may not
225	225	exceed the rate approved at the election.
226	226	Sec. 3870.153. CONTRACT TAXES. (a) As provided by Section
227	227	49.108, Water Code, the district may impose a tax other than an
228	228	operation and maintenance tax and use the revenue derived from the
229	229	tax to make payments under a contract after the provisions of the
230	230	contract have been approved by a majority of the district voters
231	231	voting at an election held for that purpose.
232	232	(b) A contract approved by the district voters may contain a
233	233	provision stating that the contract may be modified or amended by
234	234	the board without further voter approval.
235	235	Sec. 3870.154. POWERS OF COUNTY DEVELOPMENT DISTRICT. The
236	236	district has the powers of a county development district provided
237	237	by Chapter 383, Local Government Code.
238	238	Sec. 3870.155. SALES AND USE TAX; ELECTION. (a) The
239	239	district may adopt a sales and use tax as provided by Chapter 383,
240	240	Local Government Code, after an election in which the majority of
241	241	the voters of the district voting in the election authorize the
242	242	adoption of the tax.
243	243	(b) The board by order may call an election to authorize a
244	244	sales and use tax. The election may be held with any other district
245	245	election.
246	246	(c) The district shall provide notice of the election and
247	247	shall hold the election in the manner prescribed by Section
248	248	3870.151.
249	249	Sec. 3870.156. SALES AND USE TAX RATE. (a) On adoption of
250	250	the tax authorized by Section 3870.155, there is imposed a tax on
251	251	the receipts from the sale at retail of taxable items within the
252	252	district, and an excise tax on the use, storage, or other
253	253	consumption in the district of taxable items purchased, leased, or
254	254	rented from a retailer in the district during the period after the
255	255	tax is in effect.
256	256	(b) The board shall determine the rate of the tax, which may
257	257	be in one-eighth of one percent increments not to exceed the maximum
258	258	rate authorized by the district voters at the election. The board
259	259	may lower the tax rate to the extent it does not impair any
260	260	outstanding debt or obligations payable from the tax.
261	261	Sec. 3870.157. HOTEL OCCUPANCY TAX. (a) In this section,
262	262	"hotel" has the meaning assigned by Section 156.001, Tax Code.
263	263	(b) For purposes of this section, a reference in Subchapter
264	264	A, Chapter 352, Tax Code, to a county is a reference to the district
265	265	and a reference in Subchapter A, Chapter 352, Tax Code, to the
266	266	county's officers or governing body is a reference to the board.
267	267	(c) Except as inconsistent with this section, Subchapter A,
268	268	Chapter 352, Tax Code, governs a hotel occupancy tax authorized by
269	269	this section, including the collection of the tax, subject to the
270	270	limitations prescribed by Sections 352.002(b) and (c), Tax Code.
271	271	(d) The district may impose a hotel occupancy tax for any
272	272	district purpose, including to:
273	273	(1) maintain and operate the district;
274	274	(2) construct or acquire improvements; and
275	275	(3) provide a service.
276	276	(e) The district may examine and receive information
277	277	related to the imposition of hotel occupancy taxes to the same
278	278	extent as if the district were a county.
279	279	[Sections 3870.158-3870.200 reserved for expansion]
280	280	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
281	281	Sec. 3870.201. AUTHORITY TO ISSUE BONDS AND OTHER
282	282	OBLIGATIONS. The district may issue bonds or other obligations
283	283	payable wholly or partly from ad valorem taxes, impact fees,
284	284	revenue, contract payments, grants, or other district money, or any
285	285	combination of those sources, to pay for any authorized district
286	286	purpose.
287	287	Sec. 3870.202. TAXES FOR BONDS. At the time the district
288	288	issues bonds payable wholly or partly from ad valorem taxes, the
289	289	board shall provide for the annual imposition of a continuing
290	290	direct ad valorem tax, without limit as to rate or amount, while all
291	291	or part of the bonds are outstanding as required and in the manner
292	292	provided by Sections 54.601 and 54.602, Water Code.
293	293	Sec. 3870.203. BONDS FOR ROAD PROJECTS. At the time of
294	294	issuance, the total principal amount of bonds or other obligations
295	295	issued or incurred to finance road projects and payable from ad
296	296	valorem taxes may not exceed one-fourth of the assessed value of the
297	297	real property in the district.
298	298	SECTION 2. The Maverick Improvement District of Palo Pinto
299	299	County initially includes all the territory contained in the
300	300	following area:
301	301	METES AND BOUNDS DESCRIPTION
302	302	1,420 ACRES
303	303	IN THE S. P. R. R. CO. SURVEY, A-420, THE G. C. & S. R. R. CO.
304	304	SURVEY, A-1344, THE M. COSTELLO SURVEY, A-1456, THE J. W. BUNTON
305	305	SURVEY, A-53, THE J. E. WHITE SURVEY, A-922, THE M. MATA SURVEY,
306	306	A-336, THE E. P. COSTELLO SURVEY, A-2036, THE C. W. AMAKER SURVEY,
307	307	A-916, THE McKINNEY & WILLIAMS SURVEY, A-339, AND THE M. CASTLEMAN
308	308	SURVEY, A-119 PALO PINTO COUNTY, TEXAS
309	309	All that certain 1,420 acres of land which is out of the tract
310	310	of land described in the deed from S. V. Willingham to Beverly June
311	311	Willingham Baize recorded in Volume 995, Page 755, in the Deed
312	312	Records of Palo Pinto County, Texas, all of the 14.92 acres
313	313	described in the deed from June Baize to Judson and Joanie Edwards,
314	314	recorded in Volume 1085, Page 46, in the Deed Records of Palo Pinto
315	315	County, Texas and all of the 5.588 acres described in the deed from
316	316	Jeff H. and Mary Davis to Judson G. Edwards recorded in Volume 1230,
317	317	Page 619 in the Deed Records of Palo Pinto County, Texas, in the S.
318	318	P. R. R. Co. Survey, A-420, G. C. & S. R. R. Co. Survey, A-1344, M.
319	319	Costello Survey, A-1456, J. W. Bunton Survey, A-53, J. E. White
320	320	Survey, A-922, M. Mata Survey, A-336, E. P. Costello Survey,
321	321	A-2036, C. W. Amaker Survey, A-916, McKinney & Williams Survey,
322	322	A-339, and the M. Castleman Survey, A-119, Palo Pinto County, Texas
323	323	and more particularly described by metes and bounds as follows (All
324	324	bearings shown hereon are based the Texas State Plane Coordinate
325	325	System, North Central Zone (NAD 83). All distances shown hereon are
326	326	surface and may be converted to grid by using a scale factor of
327	327	0.999875503):
328	328	BEGINNING at a 1/2" iron rod found for the northeast corner of
329	329	said 5.588 acre tract, in the south line of the Third Tract
330	330	(Ainsworth Survey, A-1132) described in the deed from M. B. and
331	331	Margaret Costello to E. C. Stovall, recorded in Volume 159, Page 91,
332	332	in the Deed Records of Palo Pinto County, Texas;
333	333	THENCE South 02 09' 41" East - 409.63' along the east line of
334	334	said 5.588 acre tract, to a 5/8" iron rod with a cap stamped "PATE"
335	335	set for a corner, which is a point on a curve to the right, having a
336	336	central angle of 09 58' 27", a radius of 1030.00', and a chord
337	337	bearing and distance of South 52 46' 28" East - 179.08';
338	338	THENCE along said curve to the right an arc distance of
339	339	179.30' to a 5/8" iron rod with a cap stamped "PATE" set for the end
340	340	of curve;
341	341	THENCE South 47 47' 14" East - 181.95' to a 5/8" iron rod with
342	342	a cap stamped "PATE" set for the Point of Curvature of a curve to the
343	343	left, having a central angle of 82 00' 33", a radius of 270.00', and
344	344	a chord bearing and distance of South 88 47' 31" East - 354.30';
345	345	THENCE along said curve to the left an arc distance of 386.46'
346	346	to a 5/8" iron rod with a cap stamped "PATE" set for the end of
347	347	curve;
348	348	THENCE North 50 12' 13" East - 372.14' to a 5/8" iron rod with
349	349	a cap stamped "PATE" set for the Point of Curvature of a curve to the
350	350	right, having a central angle of 19 08' 46", a radius of 280.00',
351	351	and a chord bearing and distance of North 59 46' 36" East - 93.13';
352	352	THENCE along said curve to the right an arc distance of 93.57'
353	353	to a 5/8" iron rod with a cap stamped "PATE" set for the end of
354	354	curve;
355	355	THENCE North 69 20' 59" East - 378.21' to a 5/8" iron rod with
356	356	a cap stamped "PATE" set for the Point of Curvature of a curve to the
357	357	right, having a central angle of 71 19' 06", a radius of 280.00',
358	358	and a chord bearing and distance of South 74 59' 28" East - 326.46';
359	359	THENCE along said curve to the right an arc distance of
360	360	348.53' to a 5/8" iron rod with a cap stamped "PATE" set for the end
361	361	of curve;
362	362	THENCE South 39 19' 56" East - 520.91' to a 5/8" iron rod with
363	363	a cap stamped "PATE" set for the Point of Curvature of a curve to the
364	364	left, having a central angle of 45 46' 42", a radius of 970.00', and
365	365	a chord bearing and distance of South 62 13' 16" East - 754.56';
366	366	THENCE along said curve to the left an arc distance of 775.01'
367	367	to a 5/8" iron rod with a cap stamped "PATE" set for the end of
368	368	curve;
369	369	THENCE South 85 06' 37" East - 105.51' to a 5/8" iron rod with
370	370	a cap stamped "PATE" set for the Point of Curvature of a curve to the
371	371	right, having a central angle of 47 02' 23", a radius of 480.00',
372	372	and a chord bearing and distance of South 61 35' 26" East - 383.10';
373	373	THENCE along said curve to the right an arc distance of
374	374	394.08' to a 5/8" iron rod with a cap stamped "PATE" set for the end
375	375	of curve;
376	376	THENCE South 38 04' 14" East - 47.23' to a 5/8" iron rod with
377	377	a cap stamped "PATE" set for the Point of Curvature of a curve to the
378	378	left, having a central angle of 51 56' 41", a radius of 470.00', and
379	379	a chord bearing and distance of South 64 02' 35" East - 411.66';
380	380	THENCE along said curve to the left an arc distance of 426.11'
381	381	to a 5/8" iron rod with a cap stamped "PATE" set for the end of
382	382	curve;
383	383	THENCE North 89 59' 04" East - 208.86' to a 5/8" iron rod with
384	384	a cap stamped "PATE" set for an angle corner of the here in
385	385	described tract;
386	386	THENCE North 00 00' 56" West - 481.76' to a 5/8" iron rod with
387	387	a cap stamped "PATE" set for the Point of Curvature of a curve to the
388	388	left having a central angle of 93 25' 33", a radius of 470.00', and
389	389	a chord bearing and distance of North 46 43' 42' West - 684.25';
390	390	THENCE along said curve to the left an arc distance of 766.38'
391	391	to a 5/8" iron rod with a cap stamped "PATE" set for the Point of
392	392	Reverse Curvature of a curve to the right, having a central angle of
393	393	94 37' 54', a radius of 200.00', and a chord bearing and distance of
394	394	North 46 07' 31" West - 294.04';
395	395	THENCE along said curve to the right, an arc distance of
396	396	330.33' to a 5/8" iron rod with a cap stamped "PATE" set for the end
397	397	of curve;
398	398	THENCE North 01 11' 26" East, passing at a distance of
399	399	378.66' a rock mound found for the southeast corner of aforesaid
400	400	Third Tract (Ainsworth Survey, A-1132), and continuing along the
401	401	east line of aforesaid Third Tract (Ainsworth Survey, A-1132) and
402	402	the east line of the Second Tract (Caudill Survey, A-1959)
403	403	described in aforesaid deed from M. B. and Margaret Costello to E.
404	404	C. Stovall, a total distance of 4509.35' to a 5/8" iron rod with a
405	405	cap stamped "PATE" set for an angle corner of the herein described
406	406	tract, in the south line of the First Tract (J. Rohns Survey, A-381)
407	407	described in said deed from M. B. and Margaret Costello to E. C.
408	408	Stovall;
409	409	THENCE South 88 30' 14" East - 774.38' along the south line of
410	410	said First Tract to a stake in a rock mound found for the southeast
411	411	corner of said First Tract;
412	412	THENCE North 01 29' 46" East - 5701.18' along the east line of
413	413	said First Tract to a Brazos River Authority concrete monument
414	414	found for the southwest corner of the 851.5 acre tract described in
415	415	the deed from C. M. and Fannie Echols to Billy Charles Echols,
416	416	recorded in Volume 493, Page 473 in the Deed Records of Palo Pinto
417	417	County, Texas;
418	418	THENCE South 89 12' 29" East - 7723.10' along the south line
419	419	of said 851.5 acre tract to a 1" iron pipe found for the southeast
420	420	corner of said 851.5 acre tract common to the northeast corner of
421	421	the herein described tract, in the west line of the 2398.50 acre
422	422	tract described in the deed to the Brazos River Conservation and
423	423	Reclamation District, recorded in Volume 191, Page 71, in the Deed
424	424	Records of Palo Pinto County, Texas, also known as the "Brazos River
425	425	Authority Purchase Line";
426	426	THENCE along the "Brazos River Authority Purchase Line" the
427	427	following courses:
428	428	South 40 53' 41" West - 2675.84' to a 5/8" iron rod with a cap
429	429	stamped "PATE" set for an angle corner of the herein described
430	430	tract;
431	431	South 15 15' 48" West - 1199.86' to a 1" iron pipe found for
432	432	an angle corner of the herein described tract;
433	433	South 36 31' 37" West - 813.71' to a 1" iron pipe found for an
434	434	angle corner of the herein described tract;
435	435	North 71 09' 59" West - 731.11' to a 1" iron pipe found for an
436	436	angle corner of the herein described tract;
437	437	South 19 33' 13" East - 888.10' to a 5/8" iron rod with a cap
438	438	stamped "PATE" set for an angle corner of the herein described
439	439	tract;
440	440	South 62 21' 19" East - 970.00' to a 1" iron pipe found for an
441	441	angle corner of the herein described tract;
442	442	South 03 54' 47" West - 1390.56' to a 1" iron pipe found for
443	443	an angle corner of the herein described tract;
444	444	North 80 34' 18" West - 450.00' to 1" iron pipe found for an
445	445	angle corner of the herein described tract;
446	446	North 06 05' 49" West - 470.24' to a 1" iron pipe found for an
447	447	angle corner of the herein described tract;
448	448	North 60 05' 03" West - 670.26' to a 1" iron pipe found for an
449	449	angle corner of the herein described tract;
450	450	North 86 34' 20" West - 770.15' to a 1" iron pipe found for an
451	451	angle corner of the herein described tract;
452	452	South 10 34' 07" East - 370.21' to a 1" iron pipe found for an
453	453	angle corner of the herein described tract;
454	454	South 41 55' 05" West - 2679.56' to a 5/8" iron rod with a cap
455	455	stamped "PATE" set for an angle corner of the herein described
456	456	tract;
457	457	South 48 09' 45" West - 1760.86' to a 1" iron pipe found for
458	458	an angle corner of the herein described tract;
459	459	South 09 24' 25" West - 1246.44' to a 5/8" iron rod with a cap
460	460	stamped "PATE" set for an angle corner of the herein described
461	461	tract;
462	462	South 06 19' 18" East - 1012.53' to a 1" iron pipe found for
463	463	an angle corner of the herein described tract;
464	464	South 89 27' 43" East - 735.54' to an aluminum disk stamped
465	465	"Clear Fork Surveying" found for an angle corner of the herein
466	466	described tract;
467	467	North 68 20' 15" East - 354.88' to an aluminum disk stamped
468	468	"Clear Fork Surveying" found for an angle corner of the herein
469	469	described tract;
470	470	South 32 35' 43" East - 790.87' to a 1" iron pipe found for an
471	471	angle corner of the herein described tract;
472	472	North 14 53' 22" East - 429.66' to a 1-1/2" iron pipe found
473	473	for an angle corner of the herein described tract;
474	474	North 83 40' 13" East - 592.75' to a 1" iron pipe found for an
475	475	angle corner of the herein described tract;
476	476	South 65 30' 46" East - 802.74' to a 1" iron pipe found for an
477	477	angle corner of the herein described tract;
478	478	South 10 07' 37" East - 589.85' to an aluminum disk stamped
479	479	"Clear Fork Surveying" found for an angle corner of the herein
480	480	described tract;
481	481	South 60 03' 52" West - 1122.67' to a 1" iron pipe found for
482	482	an angle corner of the herein described tract;
483	483	South 42 42' 16" West - 1379.95' to a 1" iron pipe found for
484	484	an angle corner of the herein described tract;
485	485	North 29 38' 07" West - 730.05' to a 1" iron pipe found for an
486	486	angle corner of the herein described tract;
487	487	North 88 37' 54" West - 699.96' to a 1" iron pipe found for an
488	488	angle corner of the herein described tract;
489	489	South 31 08' 07" East - 999.77' to a 1" iron pipe found for an
490	490	angle corner of the herein described tract;
491	491	South 30 51' 20" West - 874.61' to an aluminum disk stamped
492	492	"Clear Fork Surveying" found for an angle corner of the herein
493	493	described tract;
494	494	South 67 50' 16" West - 920.88' to a 1" iron pipe found for an
495	495	angle corner of the herein described tract;
496	496	North 67 44' 36" West - 1115.23' to an aluminum disk stamped
497	497	"Clear Fork Surveying" found for an angle corner of the herein
498	498	described tract;
499	499	North 85 23' 34" West - 881.33' to an aluminum disk stamped
500	500	"Clear Fork Surveying" found for an angle corner of the herein
501	501	described tract;
502	502	South 72 33' 08" West - 1111.83' to an aluminum disk stamped
503	503	"Clear Fork Surveying" found for an angle corner of the herein
504	504	described tract;
505	505	North 45 36' 05" West - 486.17' to a 1" iron pipe found for an
506	506	angle corner of the herein described tract;
507	507	North 40 13' 43" East - 970.62' to a 1/2" iron rod in a 1" iron
508	508	pipe found for an angle corner of the herein described tract;
509	509	North 65 00' 36" East - 1824.86' to a 1" iron pipe found for
510	510	an angle corner of the herein described tract;
511	511	North 43 59' 43" East - 1803.99' to a 1" iron pipe found for
512	512	an angle corner of the herein described tract;
513	513	North 73 36' 48" West - 355.07' to a 5/8" iron rod with a cap
514	514	stamped "PATE" set for an angle corner of the herein described
515	515	tract;
516	516	THENCE North 00 00' 56" West - 266.02', departing the
517	517	aforesaid "Brazos River Authority Purchase Line", to a 5/8" iron
518	518	rod with a cap stamped "PATE" set for an angle corner of the herein
519	519	described tract;
520	520	THENCE South 89 59' 04" West - 230.94' to a 5/8" iron rod with
521	521	a cap stamped "PATE" set for the Point of Curvature on a curve to the
522	522	right, having a central angle of 51 56' 41", a radius of 530.00',
523	523	and a chord bearing and distance of North 64 02' 35" West - 464.21';
524	524	THENCE along said curve to the right an arc distance of
525	525	480.50' to a 5/8" iron rod with a cap stamped "PATE" set for the end
526	526	of curve;
527	527	THENCE North 38 04' 14" West - 47.23' to a 5/8" iron rod with
528	528	a cap stamped "PATE" set for the Point of Curvature of a curve to the
529	529	left, having a central angle of 47 02' 23", a radius of 420.00', and
530	530	a chord bearing and distance of North 61 35' 26" West - 335.22';
531	531	THENCE along said curve to the left an arc distance of 344.82'
532	532	to a 5/8" iron rod with a cap stamped "PATE" set for the end of
533	533	curve;
534	534	THENCE North 85 06' 37" West - 105.51' to a 5/8" iron rod with
535	535	a cap stamped "PATE" set for the Point of Curvature of a curve to the
536	536	right, having a central angle of 45 46' 42", a radius of 1030.00',
537	537	and a chord bearing and distance of North 62 13' 16" West - 801.23';
538	538	THENCE along said curve to the right an arc distance of
539	539	822.95' to a 5/8" iron rod with a cap stamped "PATE" set for the end
540	540	of curve;
541	541	THENCE North 39 19' 56" West- 520.91' to a 5/8" iron rod with
542	542	a cap stamped "PATE" set for the Point of Curvature of a curve to the
543	543	left, having a central angle of 71 19' 06", a radius of 220.00', and
544	544	a chord bearing and distance of North 74 59' 28" West - 256.50';
545	545	THENCE along said curve to the left an arc distance of 273.84'
546	546	to a 5/8" iron rod with a cap stamped "PATE" set for the end of
547	547	curve;
548	548	THENCE South 69 20' 59" West - 378.21' to a 5/8" iron rod with
549	549	a cap stamped "PATE" set for the Point of Curvature of a curve to the
550	550	left, having a central angle of 19 08' 46", a radius of 220.00', and
551	551	a chord bearing and distance of South 59 46' 36" West - 73.17';
552	552	THENCE along said curve to the left an arc distance of 73.52'
553	553	to a 5/8" iron rod with a cap stamped "PATE" set for the end of
554	554	curve;
555	555	THENCE South 50 12' 13" West - 167.17' to a 5/8" iron rod with
556	556	a cap stamped "PATE" set for an angle corner of the herein described
557	557	tract;
558	558	THENCE North 69 20' 59" East - 61.46' to an aluminum disc
559	559	stamped "Clear Fork Surveying" found for an angle corner of the
560	560	herein described tract, in a south line of aforesaid Baize tract,
561	561	common to aforesaid "Brazos River Authority Purchase Line";
562	562	THENCE South 05 39' 59" West - 405.30' along said "Brazos
563	563	River Authority Purchase Line" to a 1" iron pipe found for an angle
564	564	corner of the herein described tract;
565	565	THENCE South 69 09' 59" West - 870.00' along said "Brazos
566	566	River Authority Purchase Line" to a Brazos River Authority concrete
567	567	monument found for an angle corner of the herein described tract;
568	568	THENCE North 02 09' 41" West - 765.97' departing said "Brazos
569	569	River Authority Purchase Line" to a 1/2" iron rod with a cap stamped
570	570	"Landes & Associates" found the northeast corner of the 0.631 acre
571	571	tract described in the deed from Loyd Wayne Hamilton to L. Lynn and
572	572	Connie C. Jackson, recorded in Volume 1183, Page 463, in the Deed
573	573	Records of Palo Pinto County, Texas, common to the most easterly
574	574	southeast corner of aforesaid 5.588 acre tract;
575	575	THENCE South 79 28' 37" West - 185.06' along the north line of
576	576	said 0.631 acre tract to an 80d nail found for the northwest corner
577	577	of said 0.631 acre tract;
578	578	THENCE South 06 47' 49" East - 150.11' along the west line of
579	579	said 0.631 acre tract to a 1/2" iron rod found for the southwest
580	580	corner of said 0.631 acre tract, in the north line of an access
581	581	easement, recorded in Volume 548 Page 215, in the Deed Records of
582	582	Palo Pinto County, Texas;
583	583	THENCE South 82 49' 36" West - 171.50' along the north line of
584	584	said access easement a 5/8" iron rod found for the southwest corner
585	585	of aforesaid 5.588 acre tract
586	586	THENCE North 13 28' 50" West - 183.01' along the east line of
587	587	said access easement to a 1/2" iron rod with a cap stamped "Landes &
588	588	Associates" found for an angle corner of the herein described
589	589	tract;
590	590	THENCE North 11 25' 46" West - 436.36' continuing along the
591	591	east line of said access easement a 5/8" iron rod found for an angle
592	592	corner of the herein described tract;
593	593	THENCE South 89 09' 36" West - 4.72' to a 1/2" iron rod found
594	594	for the southeast corner of an 80' right-of-way described as Parcel
595	595	2, Part 3, for F.M. 1148 recorded in Volume 505, Page 282, in the
596	596	Deed Records of Palo Pinto County, Texas;
597	597	THENCE North 00 50' 24" West along the east line of said
598	598	Parcel 2, Part 3, passing at a distance of 78.00' a found 1/2" iron
599	599	rod with a cap stamped "Landes & Associates", continuing along said
600	600	east line for a total distance of 80.00' to a 5" elm tree found at
601	601	the northwest corner of aforesaid 5.588 acre tract, common to the
602	602	northeast corner of aforesaid Parcel 2, Part 3 and the most westerly
603	603	northwest corner of the herein described tract, in the south line of
604	604	aforesaid Third Tract (Ainsworth Survey, A-1132), from which the
605	605	recognized northwest corner (no monument found) of the aforesaid S.
606	606	P. R. R. Co. Survey, A-420 bears South 89 09' 36" West - 2297.00'
607	607	THENCE North 89 09' 36" East - 451.00' to the POINT OF
608	608	BEGINNING and containing 1,420 acres of land.
609	609	SECTION 3. (a) The legal notice of the intention to
610	610	introduce this Act, setting forth the general substance of this
611	611	Act, has been published as provided by law, and the notice and a
612	612	copy of this Act have been furnished to all persons, agencies,
613	613	officials, or entities to which they are required to be furnished
614	614	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
615	615	Government Code.
616	616	(b) The governor, one of the required recipients, has
617	617	submitted the notice and Act to the Texas Commission on
618	618	Environmental Quality.
619	619	(c) The Texas Commission on Environmental Quality has filed
620	620	its recommendations relating to this Act with the governor, the
621	621	lieutenant governor, and the speaker of the house of
622	622	representatives within the required time.
623	623	(d) All requirements of the constitution and laws of this
624	624	state and the rules and procedures of the legislature with respect
625	625	to the notice, introduction, and passage of this Act are fulfilled
626	626	and accomplished.
627	627	SECTION 4. This Act takes effect September 1, 2009.