Texas 2009 - 81st Regular

Texas House Bill HB4737 Compare Versions

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1	1	H.B. No. 4737
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Lake Texoma Municipal Utility
6	6	District No. 1; providing authority to impose a tax or assessment
7	7	and issue bonds; granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8359 to read as follows:
11	11	CHAPTER 8359. LAKE TEXOMA MUNICIPAL UTILITY DISTRICT NO. 1
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8359.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Lake Texoma Municipal Utility
17	17	District No. 1.
18	18	Sec. 8359.002. NATURE OF DISTRICT. The district is a
19	19	municipal utility district created under Section 59, Article XVI,
20	20	Texas Constitution.
21	21	Sec. 8359.003. CONFIRMATION AND DIRECTORS' ELECTION
22	22	REQUIRED. (a) The temporary directors shall hold an election to
23	23	confirm the creation of the district and to elect five permanent
24	24	directors as provided by Section 49.102, Water Code.
25	25	(b) The temporary directors of any new district created
26	26	under Section 8359.108 may not hold an election under Subsection
27	27	(a) until the earlier of:
28	28	(1) the date the land in the new district has been
29	29	annexed by the City of Denison; or
30	30	(2) not later than the 180th day after the date the
31	31	City of Denison receives a written petition from a landowner
32	32	requesting annexation that the city does not grant.
33	33	(c) The petition described by Subsection (b) must:
34	34	(1) request annexation of land that is contiguous with
35	35	a boundary of the City of Denison;
36	36	(2) include all the land in the new district;
37	37	(3) include land covered by the development agreement
38	38	executed under Section 8359.004;
39	39	(4) include the landowner's consent to abide by the
40	40	comprehensive land use plan and development regulations as defined
41	41	in the development agreement; and
42	42	(5) if the development agreement for the land included
43	43	in the new district expires before a new district is created under
44	44	Section 8359.108, include the landowner's consent to reinstate the
45	45	comprehensive land use plan and development regulations defined in
46	46	the expired development agreement.
47	47	Sec. 8359.004. DEVELOPMENT AGREEMENT REQUIRED. The
48	48	temporary directors may not hold an election under Section 8359.003
49	49	until the City of Denison and the owners of the land to be covered by
50	50	a development agreement that covers all or part of the land in the
51	51	district enter into the development agreement under Chapter 212,
52	52	Local Government Code.
53	53	Sec. 8359.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
54	54	The district is created to serve a public purpose and benefit.
55	55	(b) All land and other property included in the district
56	56	will benefit from the improvements and services to be provided by
57	57	the district under powers conferred by Section 52, Article III, and
58	58	Section 59, Article XVI, Texas Constitution, and under this
59	59	chapter.
60	60	(c) The district is created to accomplish the purposes of:
61	61	(1) a municipal utility district as provided by
62	62	general law and Section 59, Article XVI, Texas Constitution; and
63	63	(2) Section 52, Article III, Texas Constitution, that
64	64	relate to the construction, acquisition, improvement, operation,
65	65	or maintenance of macadamized, graveled, or paved roads, or
66	66	improvements, including storm drainage, in aid of those roads.
67	67	Sec. 8359.006. INITIAL DISTRICT TERRITORY. (a) The
68	68	district is initially composed of the territory described by
69	69	Section 2 of the Act creating this chapter.
70	70	(b) The boundaries and field notes contained in Section 2 of
71	71	the Act creating this chapter form a closure. A mistake made in the
72	72	field notes or in copying the field notes in the legislative process
73	73	does not affect the district's:
74	74	(1) organization, existence, or validity;
75	75	(2) right to issue any type of bond for the purposes
76	76	for which the district is created or to pay the principal of and
77	77	interest on a bond;
78	78	(3) right to impose a tax or assessment; or
79	79	(4) legality or operation.
80	80	Sec. 8359.007. ELIGIBILITY FOR INCLUSION IN TAX INCREMENT
81	81	REINVESTMENT ZONE. (a) All or any part of the district is eligible
82	82	to be included in a tax increment reinvestment zone created under
83	83	Chapter 311, Tax Code.
84	84	(b) If the City of Denison creates a tax increment
85	85	reinvestment zone described by Subsection (a) that includes all or
86	86	part of the territory of the district, the City of Denison and the
87	87	board of directors of the zone, by contract with the district, may
88	88	grant money to the district to be used for a permissible purpose of
89	89	a corporation under Section 380.002(b), Local Government Code,
90	90	including the right to pledge the money as security for a bond
91	91	issued by the district.
92	92	[Sections 8359.008-8359.050 reserved for expansion]
93	93	SUBCHAPTER B. BOARD OF DIRECTORS
94	94	Sec. 8359.051. GOVERNING BODY; TERMS. (a) The district is
95	95	governed by a board of five elected directors.
96	96	(b) Except as provided by Section 8359.052, directors serve
97	97	staggered four-year terms.
98	98	Sec. 8359.052. TEMPORARY DIRECTORS. (a) The temporary
99	99	board consists of:
100	100	(1) Ben Munson;
101	101	(2) Gifford Jackson;
102	102	(3) Robert Vaughn;
103	103	(4) Denice Lucas; and
104	104	(5) Patrick O'Toole.
105	105	(b) Temporary directors serve until the earlier of:
106	106	(1) the date permanent directors are elected under
107	107	Section 8359.003; or
108	108	(2) September 1, 2013.
109	109	(c) If permanent directors have not been elected under
110	110	Section 8359.003 and the terms of the temporary directors have
111	111	expired, successor temporary directors shall be appointed or
112	112	reappointed as provided by Subsection (d) to serve terms that
113	113	expire on the earlier of:
114	114	(1) the date permanent directors are elected under
115	115	Section 8359.003; or
116	116	(2) the fourth anniversary of the date of the
117	117	appointment or reappointment.
118	118	(d) If Subsection (c) applies, the owner or owners of a
119	119	majority of the assessed value of the real property in the district
120	120	may submit a petition to the Texas Commission on Environmental
121	121	Quality requesting that the commission appoint as successor
122	122	temporary directors the five persons named in the petition. The
123	123	commission shall appoint as successor temporary directors the five
124	124	persons named in the petition.
125	125	[Sections 8359.053-8359.100 reserved for expansion]
126	126	SUBCHAPTER C. POWERS AND DUTIES
127	127	Sec. 8359.101. GENERAL POWERS AND DUTIES. The district has
128	128	the powers and duties necessary to accomplish the purposes for
129	129	which the district is created.
130	130	Sec. 8359.102. MUNICIPAL UTILITY DISTRICT POWERS AND
131	131	DUTIES. The district has the powers and duties provided by the
132	132	general law of this state, including Chapters 49 and 54, Water Code,
133	133	applicable to municipal utility districts created under Section 59,
134	134	Article XVI, Texas Constitution.
135	135	Sec. 8359.103. AUTHORITY FOR ROAD PROJECTS. Under Section
136	136	52, Article III, Texas Constitution, the district may design,
137	137	acquire, construct, finance, issue bonds for, improve, operate,
138	138	maintain, and convey to this state, a county, or a municipality for
139	139	operation and maintenance macadamized, graveled, or paved roads, or
140	140	improvements, including storm drainage, in aid of those roads.
141	141	Sec. 8359.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
142	142	project must meet all applicable construction standards, zoning and
143	143	subdivision requirements, and regulations of each municipality in
144	144	whose corporate limits or extraterritorial jurisdiction the road
145	145	project is located.
146	146	(b) If a road project is not located in the corporate limits
147	147	or extraterritorial jurisdiction of a municipality, the road
148	148	project must meet all applicable construction standards,
149	149	subdivision requirements, and regulations of each county in which
150	150	the road project is located.
151	151	(c) If the state will maintain and operate the road, the
152	152	Texas Transportation Commission must approve the plans and
153	153	specifications of the road project.
154	154	Sec. 8359.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
155	155	OR RESOLUTION. (a) The district shall comply with all applicable
156	156	requirements of an ordinance or resolution adopted by the City of
157	157	Denison in accordance with Section 54.016 or 54.0165, Water Code,
158	158	that consents to the creation of the district or to the inclusion of
159	159	land in the district. The ordinance or resolution of the City of
160	160	Denison consenting to the creation of the district may limit the
161	161	amount of the district's bonds and tax rate.
162	162	(b) The ordinance or resolution of the City of Denison
163	163	consenting to the inclusion of additional land in the district may
164	164	be conditioned on the additional land being covered by the
165	165	development agreement executed under Section 8359.004.
166	166	(c) The consent ordinance or resolution of the City of
167	167	Denison may not impose a restriction or condition not expressly
168	168	provided under Section 54.016(f), Water Code, on a new district
169	169	created under Section 8359.108 or on the inclusion of land in the
170	170	new district. A restriction or condition on the creation of a new
171	171	district under Section 8359.108 or the inclusion of land in a new
172	172	district may not:
173	173	(1) limit the amount of the new district's bonds or tax
174	174	rate; or
175	175	(2) restrict the purposes authorized by this chapter
176	176	for which the new district may issue bonds.
177	177	Sec. 8359.106. ANNEXATION. (a) Before the district holds
178	178	an election under Section 8359.003, the district may annex:
179	179	(1) without the consent of the City of Denison, land
180	180	previously owned by the United States Army Corps of Engineers; or
181	181	(2) in accordance with Section 54.016, Water Code,
182	182	land located in the extraterritorial jurisdiction or corporate
183	183	limits of the City of Denison if the City of Denison has consented
184	184	by ordinance or resolution to the annexation.
185	185	(b) The district may not annex land located outside the
186	186	corporate limits and extraterritorial jurisdiction of the City of
187	187	Denison.
188	188	Sec. 8359.107. EFFECT OF ANNEXATION BY CITY OF DENISON. (a)
189	189	The City of Denison may annex part of the district into its
190	190	corporate limits without annexing the entire district under the
191	191	terms of a development agreement executed under Section 8359.004
192	192	between the City of Denison and the owners of the land in the
193	193	district that is covered by the development agreement. If a
194	194	development agreement is not executed under Section 8359.004 or the
195	195	agreement has expired, nothing in this chapter limits the right of
196	196	the City of Denison to annex the district.
197	197	(b) If the City of Denison annexes all or part of the
198	198	district into its corporate limits:
199	199	(1) the district is not dissolved;
200	200	(2) the ability of the district to issue bonds is not
201	201	impaired or precluded; and
202	202	(3) unless otherwise approved by the board and the
203	203	governing body of the City of Denison, the city:
204	204	(A) may not take over the property or other
205	205	assets of the district;
206	206	(B) may not assume any debts, liabilities, or
207	207	other obligations of the district;
208	208	(C) is not obligated to perform any functions of
209	209	the district; and
210	210	(D) is not obligated to pay a landowner or
211	211	developer for expenses incurred by the landowner or developer in
212	212	connection with the district that would otherwise be eligible for
213	213	reimbursement from the proceeds of bonds issued by the district.
214	214	(c) Notwithstanding Section 54.016(f)(2), Water Code, an
215	215	allocation agreement between the City of Denison and the district
216	216	that provides for the allocation of the taxes or revenues of the
217	217	district and the city following the date of inclusion of all the
218	218	district's territory in the corporate limits of the city may
219	219	provide that the total annual ad valorem taxes collected by the city
220	220	and the district from taxable property in the district may exceed
221	221	the city's ad valorem tax on that property.
222	222	Sec. 8359.108. DIVISION OF DISTRICT. (a) The district may
223	223	be divided into two or more new districts only if the district:
224	224	(1) has no outstanding bonded debt; and
225	225	(2) is not imposing ad valorem taxes.
226	226	(b) This chapter applies to any new district created by the
227	227	division of the district, and a new district has all the powers and
228	228	duties of the district.
229	229	(c) Any new district created by the division of the district
230	230	may, at the time the new district is created, contain only:
231	231	(1) land within the area described by Section 2 of the
232	232	Act creating this chapter;
233	233	(2) any land previously owned by the United States
234	234	Army Corps of Engineers; and
235	235	(3) any land adjacent to the area described by Section
236	236	2 of the Act creating this chapter if that adjacent land is within
237	237	the extraterritorial jurisdiction of the City of Denison and if
238	238	that adjacent land has been approved for inclusion in the district
239	239	under the consent ordinance or resolution adopted by the City of
240	240	Denison under Section 8359.105.
241	241	(d) The board, on its own motion or on receipt of a petition
242	242	signed by the owner or owners of a majority of the assessed value of
243	243	the real property in the district, may adopt an order dividing the
244	244	district.
245	245	(e) The board may adopt an order dividing the district only
246	246	after the date the board holds an election under Section 8359.003 to
247	247	confirm the district's creation.
248	248	(f) An order dividing the district must:
249	249	(1) name each new district;
250	250	(2) include the metes and bounds description of the
251	251	territory of each new district;
252	252	(3) appoint temporary directors for each new district;
253	253	and
254	254	(4) provide for the division of assets and liabilities
255	255	between or among the new districts.
256	256	(g) On or before the 30th day after the date of adoption of
257	257	an order dividing the district, the district shall file the order
258	258	with the Texas Commission on Environmental Quality and record the
259	259	order in the real property records of each county in which the
260	260	district is located.
261	261	(h) Any new district created by the division of the district
262	262	shall hold a confirmation and directors' election as required by
263	263	Section 8359.003.
264	264	(i) Municipal consent by the City of Denison is not required
265	265	for the creation of any new district created under this section.
266	266	(j) Any new district created by the division of the district
267	267	must hold an election as required by this chapter to obtain voter
268	268	approval before the district may impose a maintenance tax or issue
269	269	bonds payable wholly or partly from ad valorem taxes.
270	270	(k) If the voters of a new district do not confirm the
271	271	creation of the new district, the assets, obligations, territory,
272	272	and governance of the new district revert to that of the original
273	273	district.
274	274	Sec. 8359.109. DISSOLUTION OF DISTRICT. The district may
275	275	be dissolved by ordinance or resolution of the governing body of the
276	276	City of Denison after the date on which at least 95 percent of the
277	277	infrastructure authorized by this chapter and the Water Code to
278	278	serve full development in the district has been completed. On
279	279	dissolution, the City of Denison shall:
280	280	(1) take over the property and other assets of the
281	281	district;
282	282	(2) assume all debts, liabilities, or other
283	283	obligations of the district;
284	284	(3) perform the functions of the district; and
285	285	(4) pay any landowner or developer for costs and
286	286	expenses incurred by the landowner or developer in connection with
287	287	the district that would otherwise be eligible for reimbursement
288	288	from the proceeds of bonds issued by the district.
289	289	Sec. 8359.110. LIMITATION ON USE OF EMINENT DOMAIN. The
290	290	district may not exercise the power of eminent domain outside the
291	291	district to acquire a site or easement for:
292	292	(1) a road project authorized by Section 8359.103; or
293	293	(2) a recreational facility as defined by Section
294	294	49.462, Water Code.
295	295	[Sections 8359.111-8359.150 reserved for expansion]
296	296	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
297	297	Sec. 8359.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
298	298	district may issue, without an election, bonds and other
299	299	obligations secured by:
300	300	(1) revenue other than ad valorem taxes; or
301	301	(2) contract payments described by Section 8359.153.
302	302	(b) The district must hold an election in the manner
303	303	provided by Chapters 49 and 54, Water Code, to obtain voter approval
304	304	before the district may impose an ad valorem tax or issue bonds
305	305	payable from ad valorem taxes.
306	306	(c) The district may not issue bonds payable from ad valorem
307	307	taxes to finance a road project unless the issuance is approved by a
308	308	vote of a two-thirds majority of the district voters voting at an
309	309	election held for that purpose.
310	310	Sec. 8359.152. OPERATION AND MAINTENANCE TAX. (a) If
311	311	authorized at an election held under Section 8359.151, the district
312	312	may impose an operation and maintenance tax on taxable property in
313	313	the district in accordance with Section 49.107, Water Code.
314	314	(b) The board shall determine the tax rate. The rate may not
315	315	exceed the rate approved at the election.
316	316	Sec. 8359.153. CONTRACT TAXES. (a) In accordance with
317	317	Section 49.108, Water Code, the district may impose a tax other than
318	318	an operation and maintenance tax and use the revenue derived from
319	319	the tax to make payments under a contract after the provisions of
320	320	the contract have been approved by a majority of the district voters
321	321	voting at an election held for that purpose.
322	322	(b) A contract approved by the district voters may contain a
323	323	provision stating that the contract may be modified or amended by
324	324	the board without further voter approval.
325	325	[Sections 8359.154-8359.200 reserved for expansion]
326	326	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
327	327	Sec. 8359.201. AUTHORITY TO ISSUE BONDS AND OTHER
328	328	OBLIGATIONS. The district may issue bonds or other obligations
329	329	payable wholly or partly from ad valorem taxes, impact fees,
330	330	revenue, contract payments, grants, or other district money,
331	331	revenue from a tax increment reinvestment zone created under
332	332	Chapter 311, Tax Code, revenue from economic development agreements
333	333	under Chapter 380, Local Government Code, or any combination of
334	334	those sources, to pay for any authorized district purpose.
335	335	Sec. 8359.202. TAXES FOR BONDS. At the time the district
336	336	issues bonds payable wholly or partly from ad valorem taxes, the
337	337	board shall provide for the annual imposition of a continuing
338	338	direct ad valorem tax, without limit as to rate or amount, while all
339	339	or part of the bonds are outstanding as required and in the manner
340	340	provided by Sections 54.601 and 54.602, Water Code.
341	341	Sec. 8359.203. BONDS FOR ROAD PROJECTS. At the time of
342	342	issuance, the total principal amount of bonds or other obligations
343	343	issued or incurred to finance road projects and payable from ad
344	344	valorem taxes may not exceed one-fourth of the assessed value of the
345	345	real property in the district.
346	346	SECTION 2. The Lake Texoma Municipal Utility District No. 1
347	347	initially includes all the territory contained in the following
348	348	area:
349	349	Situated in the County of Grayson, State of Texas, being a
350	350	part of the Stephen Cox Survey, Abstract No. 299, the H. K. Needham
351	351	Survey, Abstract No. 1520, the Sarah Hall Survey, Abstract No.
352	352	1485, the Levi T. Loveall Survey, Abstract No. 746, the Bledsoe
353	353	Holder Survey, Abstract No. 614, the William J. Reeves Survey,
354	354	Abstract No. 1018, the Thomas M. Reeves Survey, Abstract No. 1017,
355	355	the William Bean Survey, Abstract No. 84, the Greenberry Gates
356	356	Survey, Abstract No. 443, the Jacob Wilcox Survey, Abstract No.
357	357	1358, the Polly Stamps Survey, Abstract No. 1098, the Joshua West
358	358	Survey, Abstract No. 1316, and being all of the J. C. Jamison
359	359	Survey, Abstract No. 665, the T. E. Jones Survey, Abstract No. 55,
360	360	the R. J. Lefever Survey, Abstract No. 753, the Mary E. Bowe Survey,
361	361	Abstract No. 181, the Charles F. Daugherty Survey, Abstract No.
362	362	1566, the H. B. Thomas Survey, Abstract No. 1572, and the Juan
363	363	Armendaris Survey, Abstract No. 40, and being various tracts of
364	364	land conveyed in various interests to Preston Harbour, L.P., Jack
365	365	Schuler, Farmington Estates, Ltd., Forest Grove Land Company,
366	366	L.L.C., and Preston Harbour Homeplace by descriptions in deed
367	367	recorded in Volume 3449, Page 257, Volume 3599, Page 455, Volume
368	368	4323, Page 875, Volume 4323, Page 881, Volume 3295, Page 526, Volume
369	369	3276, Page 526, Volume 3944, Pages 609 and 615, Volume 3276, Page
370	370	398, Volume 4323, Page 888, Volume 3718, Page 878, Volume 4323, Page
371	371	895, and Volume 3941, Page 871, all of the Official Public Records,
372	372	Grayson County, Texas, and being described as follows:
373	373	Beginning at a point for the most Southerly Southeast corner
374	374	of the herein described tract the intersection of the East line of
375	375	the said Cox Survey with the North right-of-way line of F.M. Highway
376	376	No. 406;
377	377	Thence Westerly with said North right-of-way line as follows:
378	378	North 4400'30" West, a distance of 76.92 feet;
379	379	Northwesterly with a curve to the left having a radius of
380	380	1,517.39 feet (chord bears North 5712'58" West, 449.54 feet) an arc
381	381	distance of 451.20 feet;
382	382	North 0157'58" East, a distance of 20.01 feet;
383	383	North 8710'26" West, a distance of 53.63 feet;
384	384	Westerly with a non-tangent curve to the left having a radius
385	385	of 1,517.39 feet (chord bears North 7732'28" West, 507.89 feet) an
386	386	arc distance of 510.29 feet;
387	387	North 8734'14" West, a distance of 724.69 feet;
388	388	North 8742'32" West, a distance of 215.02 feet;
389	389	North 8814'34" West, a distance of 199.86 feet;
390	390	North 7533'45" West, a distance of 205.00 feet;
391	391	North 8814'34" West, a distance of 200.00 feet;
392	392	South 8437'56" West, a distance of 201.56 feet;
393	393	North 8814'34" West, a distance of 338.31 feet;
394	394	North 8702'49" West, a distance of 314.69 feet;
395	395	North 7752'42" West, a distance of 41.24 feet to the
396	396	intersection of said North right-of-way line with the East line of
397	397	the USA property embracing City of Denison;
398	398	Thence with the USA boundary as follows:
399	399	North 0004'03" East, a distance of 1,381.78 feet;
400	400	North 8953'11" West, a distance of 650.19 feet;
401	401	North 0007'13" East, a distance of 1,949.53 feet;
402	402	South 8951'06" East, a distance of 840.00 feet;
403	403	North 0003'31" East, a distance of 850.00 feet;
404	404	North 8957'20" West, a distance of 500.00 feet;
405	405	North 0000'29" East, a distance of 1,057.78 feet;
406	406	North 0000'44" West, a distance of 1,530.00 feet;
407	407	North 8959'16" East, a distance of 800.00 feet;
408	408	North 0000'44" West, a distance of 1,099.40 feet;
409	409	South 8726'08" East, a distance of 4,441.44 feet;
410	410	North 0125'48" East, a distance of 1,465.32 feet;
411	411	North 8708'00" West, a distance of 2,370.30 feet;
412	412	North 1019'33" East, a distance of 1,184.67 feet;
413	413	North 8606'49" West, a distance of 1,106.58 feet;
414	414	North 0202'54" East, a distance of 969.85 feet;
415	415	North 8615'15" West, a distance of 425.41 feet;
416	416	North 0332'53" East, a distance of 1,251.67 feet;
417	417	North 8827'30" East, a distance of 2,465.83 feet
418	418	North 0145'27" East, a distance of 1,293.09 feet;
419	419	South 8721'00" East, a distance of 125.56 feet;
420	420	North 0000'56" East, a distance of 788.69 feet;
421	421	North 8958'45" West, a distance of 1,280.23 feet;
422	422	North 0001'20" East, a distance of 1,029.44 feet;
423	423	South 8956'44" West, a distance of 537.47 feet;
424	424	North 0713'40" East, a distance of 355.69 feet;
425	425	North 8952'44" West, a distance of 463.09 feet;
426	426	North 0007'06" East, a distance of 850.09 feet;
427	427	South 8954'25" East, a distance of 821.95 feet;
428	428	North 0003'52" West, a distance of 872.97 feet;
429	429	North 8959'31" East, a distance of 750.35 feet;
430	430	South 0014'40" East, a distance of 1,000.21 feet;
431	431	North 8955'46" East, a distance of 980.28 feet;
432	432	North 0012'25" West, a distance of 1,450.28 feet;
433	433	South 8950'21" East, a distance of 515.07 feet;
434	434	North 0004'55" East, a distance of 449.79 feet;
435	435	North 8956'16" East, a distance of 694.55 feet;
436	436	South 0306'32" West, a distance of 3,023.73 feet;
437	437	South 8737'57" East, a distance of 1,030.28 feet;
438	438	South 0304'54" West, a distance of 920.08 feet;
439	439	South 8738'30" East, a distance of 86.17 feet;
440	440	South 0259'45" West, a distance of 411.56 feet;
441	441	Thence South 8701'15" East, passing a USA property corner,
442	442	departing said USA boundary and continuing for a total distance of
443	443	512.48 feet;
444	444	Thence South 0134'09" West, a distance of 49.43 feet;
445	445	Thence South 1045'31" East, a distance of 64.75 feet;
446	446	Thence North 4617'19" East, a distance of 86.01 feet;
447	447	Thence North 4342'41" West, a distance of 23.21 feet;
448	448	Thence North 0131'40" East, a distance of 33.82 feet;
449	449	Thence South 8701'15" East, a distance of 939.51 feet to a
450	450	corner in the West right-of-way line of State Highway No. 84;
451	451	Thence in Southerly direction with said West right-of-way
452	452	line and a non-tangent curve to the right having a radius of
453	453	5,679.58 feet (chord bears South 0150'38" East, 179.72 feet) an arc
454	454	distance of 179.73 feet;
455	455	Thence South 0056'14" East, a distance of 2,744.58 feet to
456	456	the intersection of said West right-of-way line with the North line
457	457	of a 30 foot wide strip of land;
458	458	Thence with the boundary of said strip of land as follows:
459	459	South 7843'18" West, a distance of 476.49 feet;
460	460	North 0855'55" West, a distance of 184.27 feet;
461	461	North 8759'26" West, a distance of 768.80 feet;
462	462	South 0252'06" West, a distance of 30.00 feet;
463	463	South 8759'26" East, a distance of 744.49 feet;
464	464	South 0855'55" East, a distance of 190.77 feet;
465	465	North 7843'18" East, a distance of 502.27 feet to the
466	466	intersection of the South line of said strip of land with the said
467	467	West right-of-way line of Highway No. 84;
468	468	Thence continuing with said West right-of-way line as
469	469	follows:
470	470	South 0056'14" East, a distance of 429.67 feet;
471	471	Southerly with a curve to the left having a radius of 2,914.79
472	472	feet (chord bears South 0827'14" East, 762.59 feet), an arc
473	473	distance of 764.79 feet;
474	474	South 1558'14" East, a distance of 3,853.45 feet;
475	475	Thence departing said West right-of-way line and continuing
476	476	as follows:
477	477	South 0112'38" West, a distance of 499.66 feet;
478	478	North 8744'23" West, a distance of 2,445.14 feet;
479	479	South 0158'12" West, a distance of 1,215.19 feet;
480	480	South 0135'30" West, a distance of 1,643.46 feet;
481	481	South 0146'06" West, a distance of 2,228.41 feet;
482	482	North 8802'55" West, a distance of 3,103.33 feet;
483	483	South 0142'59" West, a distance of 1,738.89 feet to the Point
484	484	of Beginning and containing approximately 2,272.6 acres of land.
485	485	SECTION 3. (a) The legal notice of the intention to
486	486	introduce this Act, setting forth the general substance of this
487	487	Act, has been published as provided by law, and the notice and a
488	488	copy of this Act have been furnished to all persons, agencies,
489	489	officials, or entities to which they are required to be furnished
490	490	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
491	491	Government Code.
492	492	(b) The governor, one of the required recipients, has
493	493	submitted the notice and Act to the Texas Commission on
494	494	Environmental Quality.
495	495	(c) The Texas Commission on Environmental Quality has filed
496	496	its recommendations relating to this Act with the governor, the
497	497	lieutenant governor, and the speaker of the house of
498	498	representatives within the required time.
499	499	(d) All requirements of the constitution and laws of this
500	500	state and the rules and procedures of the legislature with respect
501	501	to the notice, introduction, and passage of this Act are fulfilled
502	502	and accomplished.
503	503	SECTION 4. This Act takes effect September 1, 2009.
504	504	______________________________ ______________________________
505	505	President of the Senate Speaker of the House
506	506	I certify that H.B. No. 4737 was passed by the House on May
507	507	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
508	508	voting.
509	509	______________________________
510	510	Chief Clerk of the House
511	511	I certify that H.B. No. 4737 was passed by the Senate on May
512	512	27, 2009, by the following vote: Yeas 31, Nays 0.
513	513	______________________________
514	514	Secretary of the Senate
515	515	APPROVED: _____________________
516	516	Date
517	517	_____________________
518	518	Governor