Texas 2009 - 81st Regular

Texas Senate Bill SB2464 Compare Versions

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1	1	S.B. No. 2464
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Comal County Water Improvement
6	6	District No. 1; providing authority to impose a tax and issue bonds;
7	7	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 I, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 9038 to read as follows:
11	11	CHAPTER 9038. COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 1
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 9038.001. 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 Comal County Water
17	17	Improvement District No. 1.
18	18	Sec. 9038.002. NATURE OF DISTRICT. The district is a water
19	19	control and improvement district created under Section 59, Article
20	20	XVI, Texas Constitution.
21	21	Sec. 9038.003. CONFIRMATION AND DIRECTORS' ELECTION
22	22	REQUIRED. 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	Sec. 9038.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT
26	26	AGREEMENT REQUIRED. (a) The temporary directors may not hold an
27	27	election under Section 9038.003 until each municipality in whose
28	28	corporate limits or extraterritorial jurisdiction the district is
29	29	located has:
30	30	(1) consented by ordinance or resolution to the
31	31	creation of the district and to the inclusion of land in the
32	32	district; and
33	33	(2) entered into a development agreement under Section
34	34	212.172, Local Government Code, with the retail public utility
35	35	owned by the municipality that addresses water and wastewater
36	36	issues and with the owners of land in the district that addresses
37	37	relevant issues, including:
38	38	(A) the provision of services other than water or
39	39	wastewater services to land in the district, including emergency
40	40	services and solid waste collection;
41	41	(B) traffic and roadway impacts caused by the
42	42	creation of the district;
43	43	(C) the amount of debt to be issued by the
44	44	district or any new district created by the division of the
45	45	district;
46	46	(D) a plan for dividing the district, including
47	47	the number, location, and size of any new districts created by the
48	48	division of the district;
49	49	(E) fire flow; and
50	50	(F) a prohibition against a retail public
51	51	utility, as defined by Section 13.002, Water Code, other than the
52	52	retail public utility owned by the municipality, from providing
53	53	retail water or wastewater service to the property in the district
54	54	or a new district created by the division of the district.
55	55	(b) The development agreement may not contain a provision
56	56	prohibited by Section 212.174, Local Government Code, in relation
57	57	to the provision of utility service.
58	58	(c) A confirmation election held in violation of this
59	59	section is void.
60	60	Sec. 9038.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
61	61	(a) The district is created to serve a public purpose and benefit.
62	62	(b) The district is created to accomplish the purposes of:
63	63	(1) a water control and improvement district as
64	64	provided by general law and Section 59, Article XVI, Texas
65	65	Constitution; and
66	66	(2) Section 52, Article III, Texas Constitution, that
67	67	relate to the construction, acquisition, improvement, operation,
68	68	or maintenance of macadamized, graveled, or paved roads, or
69	69	improvements, including storm drainage, in aid of those roads.
70	70	Sec. 9038.006. INITIAL DISTRICT TERRITORY. (a) The
71	71	district is initially composed of the territory described by
72	72	Section 2 of the Act creating this chapter.
73	73	(b) The boundaries and field notes contained in Section 2 of
74	74	the Act creating this chapter form a closure. A mistake made in the
75	75	field notes or in copying the field notes in the legislative process
76	76	does not affect the district's:
77	77	(1) organization, existence, or validity;
78	78	(2) right to issue any type of bond for the purposes
79	79	for which the district is created or to pay the principal of and
80	80	interest on a bond;
81	81	(3) right to impose a tax; or
82	82	(4) legality or operation.
83	83	[Sections 9038.007-9038.050 reserved for expansion]
84	84	SUBCHAPTER B. BOARD OF DIRECTORS
85	85	Sec. 9038.051. GOVERNING BODY; TERMS. (a) The district is
86	86	governed by a board of five elected directors.
87	87	(b) Except as provided by Section 9038.052, directors serve
88	88	staggered four-year terms.
89	89	Sec. 9038.052. TEMPORARY DIRECTORS. (a) The temporary
90	90	board consists of:
91	91	(1) Donnie Shaw;
92	92	(2) Bob Shemwell;
93	93	(3) Joe Dawson;
94	94	(4) Dick Nevitt; and
95	95	(5) Robert Whitley.
96	96	(b) Temporary directors serve until the earlier of:
97	97	(1) the date permanent directors are elected under
98	98	Section 9038.003; or
99	99	(2) the fourth anniversary of the effective date of
100	100	the Act creating this chapter.
101	101	(c) If permanent directors have not been elected under
102	102	Section 9038.003 and the terms of the temporary directors have
103	103	expired, successor temporary directors shall be appointed or
104	104	reappointed as provided by Subsection (d) to serve terms that
105	105	expire on the earlier of:
106	106	(1) the date permanent directors are elected under
107	107	Section 9038.003; or
108	108	(2) the fourth anniversary of the date of the
109	109	appointment or reappointment.
110	110	(d) If Subsection (c) applies, the owner or owners of a
111	111	majority of the assessed value of the real property in the district
112	112	may submit a petition to the Texas Commission on Environmental
113	113	Quality requesting that the commission appoint as successor
114	114	temporary directors the five persons named in the petition. The
115	115	commission shall appoint as successor temporary directors the five
116	116	persons named in the petition.
117	117	[Sections 9038.053-9038.100 reserved for expansion]
118	118	SUBCHAPTER C. POWERS AND DUTIES
119	119	Sec. 9038.101. GENERAL POWERS AND DUTIES. The district has
120	120	the powers and duties necessary to accomplish the purposes for
121	121	which the district is created.
122	122	Sec. 9038.102. WATER CONTROL AND IMPROVEMENT DISTRICT
123	123	POWERS AND DUTIES. The district has the powers and duties provided
124	124	by the general law of this state, including Chapters 49 and 51,
125	125	Water Code, applicable to water control and improvement districts
126	126	created under Section 59, Article XVI, Texas Constitution, and
127	127	including powers relating to sanitary sewer.
128	128	Sec. 9038.103. AUTHORITY FOR ROAD PROJECTS. Under Section
129	129	52, Article III, Texas Constitution, the district may design,
130	130	acquire, construct, finance, issue bonds for, improve, operate,
131	131	maintain, and convey to this state, a county, or a municipality for
132	132	operation and maintenance macadamized, graveled, or paved roads, or
133	133	improvements, including storm drainage, in aid of those roads.
134	134	Sec. 9038.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
135	135	road project must meet all applicable construction standards,
136	136	zoning and subdivision requirements, and regulations of each
137	137	municipality in whose corporate limits or extraterritorial
138	138	jurisdiction the road project is located.
139	139	(b) If a road project is not located in the corporate limits
140	140	or extraterritorial jurisdiction of a municipality, the road
141	141	project must meet all applicable construction standards,
142	142	subdivision requirements, and regulations of each county in which
143	143	the road project is located.
144	144	(c) If the state will maintain and operate the road, the
145	145	Texas Transportation Commission must approve the plans and
146	146	specifications of the road project.
147	147	Sec. 9038.105. WATER AND WASTEWATER INFRASTRUCTURE.
148	148	(a) The district may not construct a water or wastewater facility
149	149	unless any municipality in whose corporate limits or
150	150	extraterritorial jurisdiction the facility is located at the time
151	151	of construction has approved the plans and specifications of the
152	152	facility.
153	153	(b) On completion of a water or wastewater facility
154	154	described in a development agreement between the district and a
155	155	municipality, the district shall convey the facility to the
156	156	municipality or to the retail public utility owned by the
157	157	municipality, free of all liens, claims, or encumbrances, in the
158	158	form and manner acceptable to the municipality or retail public
159	159	utility.
160	160	Sec. 9038.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
161	161	OR RESOLUTION AND DEVELOPMENT AGREEMENT. (a) The district shall
162	162	comply with all applicable requirements of any ordinance or
163	163	resolution that is adopted under Section 42.042, Local Government
164	164	Code, and that consents to the creation of the district or to the
165	165	inclusion of land in the district.
166	166	(b) Notwithstanding other law, a municipality may place a
167	167	condition or restriction on the creation of the district or
168	168	inclusion of land in the district that is:
169	169	(1) expressly permitted by Sections 54.016(e) and (i),
170	170	Water Code; or
171	171	(2) contained in the development agreement entered
172	172	into under Section 212.172, Local Government Code, and this
173	173	chapter.
174	174	Sec. 9038.107. LIMITATION ON USE OF EMINENT DOMAIN. The
175	175	district may not exercise the power of eminent domain outside the
176	176	district to acquire a site or easement for:
177	177	(1) a road project authorized by Section 9038.103; or
178	178	(2) a recreational facility as defined by Section
179	179	49.462, Water Code.
180	180	Sec. 9038.108. DIVISION OF DISTRICT. (a) The district may
181	181	be divided into two or more new districts only if the district:
182	182	(1) has no outstanding bonded debt; and
183	183	(2) is not imposing ad valorem taxes.
184	184	(b) This chapter applies to any new district created by the
185	185	division of the district, and a new district has all the powers and
186	186	duties of the district.
187	187	(c) Any new district created by the division of the district
188	188	may not, at the time the new district is created, contain any land
189	189	outside the area described by Section 2 of the Act creating this
190	190	chapter.
191	191	(d) The board, on its own motion or on receipt of a petition
192	192	signed by the owner or owners of a majority of the assessed value of
193	193	the real property in the district, may adopt an order dividing the
194	194	district.
195	195	(e) The board may adopt an order dividing the district
196	196	before or after the date the board holds an election under Section
197	197	9038.003 to confirm the district's creation.
198	198	(f) An order dividing the district shall:
199	199	(1) name each new district;
200	200	(2) include the metes and bounds description of the
201	201	territory of each new district;
202	202	(3) appoint temporary directors for each new district;
203	203	and
204	204	(4) provide for the division of assets and liabilities
205	205	between or among the new districts.
206	206	(g) On or before the 30th day after the date of adoption of
207	207	an order dividing the district, the district shall file the order
208	208	with the Texas Commission on Environmental Quality and record the
209	209	order in the real property records of each county in which the
210	210	district is located.
211	211	(h) Any new district created by the division of the district
212	212	shall hold a confirmation and directors' election as required by
213	213	Section 9038.003.
214	214	(i) Municipal consent to the creation of the district and to
215	215	the inclusion of land in the district granted under Section
216	216	9038.004 acts as municipal consent to the creation of any new
217	217	district created by the division of the district and to the
218	218	inclusion of land in the new district.
219	219	(j) Any new district created by the division of the district
220	220	must hold an election as required by this chapter to obtain voter
221	221	approval before the district may impose a maintenance tax or issue
222	222	bonds payable wholly or partly from ad valorem taxes.
223	223	Sec. 9038.109. LIMITATION ON ANNEXATION OF LAND BY
224	224	DISTRICT. The district or any new district created by the division
225	225	of the district may not annex land outside the area described by
226	226	Section 2 of the Act creating this chapter without the consent of
227	227	each municipality in whose corporate limits or extraterritorial
228	228	jurisdiction any of the land in the area described by Section 2 of
229	229	the Act creating this chapter is located.
230	230	Sec. 9038.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT.
231	231	For the purposes of Section 43.021(2), Local Government Code, or
232	232	other law, including a municipal charter or ordinance relating to
233	233	annexation, an area adjacent to the district or any new district
234	234	created by the division of the district is considered adjacent to a
235	235	municipality in whose corporate limits or extraterritorial
236	236	jurisdiction any of the land in the area described by Section 2 of
237	237	the Act creating this chapter is located.
238	238	[Sections 9038.111-9038.150 reserved for expansion]
239	239	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
240	240	Sec. 9038.151. ELECTIONS REGARDING TAXES OR BONDS.
241	241	(a) The district may issue, without an election, bonds and other
242	242	obligations secured by:
243	243	(1) revenue other than ad valorem taxes; or
244	244	(2) contract payments described by Section 9038.153.
245	245	(b) The district must hold an election in the manner
246	246	provided by Chapters 49 and 51, Water Code, to obtain voter approval
247	247	before the district may impose an ad valorem tax or issue bonds
248	248	payable from ad valorem taxes.
249	249	(c) The district may not issue bonds payable from ad valorem
250	250	taxes to finance a road project unless the issuance is approved by a
251	251	vote of a two-thirds majority of the district voters voting at an
252	252	election held for that purpose.
253	253	Sec. 9038.152. OPERATION AND MAINTENANCE TAX. (a) If
254	254	authorized at an election held under Section 9038.151, the district
255	255	may impose an operation and maintenance tax on taxable property in
256	256	the district in accordance with Section 49.107, Water Code.
257	257	(b) The board shall determine the tax rate. The rate may not
258	258	exceed the rate approved at the election.
259	259	Sec. 9038.153. CONTRACT TAXES. (a) In accordance with
260	260	Section 49.108, Water Code, the district may impose a tax other than
261	261	an operation and maintenance tax and use the revenue derived from
262	262	the tax to make payments under a contract after the provisions of
263	263	the contract have been approved by a majority of the district voters
264	264	voting at an election held for that purpose.
265	265	(b) A contract approved by the district voters may contain a
266	266	provision stating that the contract may be modified or amended by
267	267	the board without further voter approval.
268	268	[Sections 9038.154-9038.200 reserved for expansion]
269	269	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
270	270	Sec. 9038.201. AUTHORITY TO ISSUE BONDS AND OTHER
271	271	OBLIGATIONS. The district may issue bonds or other obligations
272	272	payable wholly or partly from ad valorem taxes, impact fees,
273	273	revenue, contract payments, grants, or other district money, or any
274	274	combination of those sources, to pay for any authorized district
275	275	purpose.
276	276	Sec. 9038.202. TAXES FOR BONDS. At the time the district
277	277	issues bonds payable wholly or partly from ad valorem taxes, the
278	278	board shall provide for the annual imposition of a continuing
279	279	direct ad valorem tax, without limit as to rate or amount, while all
280	280	or part of the bonds are outstanding as required and in the manner
281	281	provided by Section 51.433, Water Code.
282	282	Sec. 9038.203. BONDS FOR ROAD PROJECTS. At the time of
283	283	issuance, the total principal amount of bonds or other obligations
284	284	issued or incurred to finance road projects and payable from ad
285	285	valorem taxes may not exceed one-fourth of the assessed value of the
286	286	real property in the district.
287	287	SECTION 2. The Comal County Water Improvement District No.
288	288	1 initially includes all the territory contained in the following
289	289	area:
290	290	Being a 2445 acre tract of land describing a political
291	291	subdivision lying in the J.M Veramendi Survey No. 1, Abstract 2, and
292	292	the J.M. Veramendi Survey No. 2, Abstract 3, Comal County, Texas,
293	293	same being a portion of a 2086 acre tract of land described as
294	294	"FIRST TRACT" and all of a 694 acre tract of land described as
295	295	"FOURTH TRACT" and recorded in Document No. 9906001224, Official
296	296	Records of Comal County, Texas, same also being a portion of River
297	297	Road and being more particularly described by metes and bounds as
298	298	follows:
299	299	BEGINNING at a point in the north right-of-way line of Loop
300	300	337 at the southwest corner of a 17.089 acre tract as recorded in
301	301	Comal County as Document No. 200706020677 for a corner of the herein
302	302	described 2445 acre tract, the PLACE OF BEGINNING;
303	303	THENCE along the aforementioned right-of-way line of Loop 337
304	304	the following five courses:
305	305	S 60 46' 29" W a distance of 101.13 feet to a point;
306	306	S 54 22' 29" W a distance of 391.10 feet to a point;
307	307	S 53 29' 29" W a distance of 4077.20 feet to a point of
308	308	curvature;
309	309	A distance of 449.60 feet with an arc of a curve to the left
310	310	having a radius of 2412.00 feet, a central angle of 10 40'
311	311	48", and a chord that bears S 48 09' 05" W a distance of
312	312	448.95 feet to a point;
313	313	S 42 30' 29" W a distance of 2.23 feet to a point in the
314	314	southwest line of the J.M. Veramendi Survey No. 2 for the
315	315	south corner of the herein described 2445 acre tract;
316	316	THENCE leaving the aforementioned right-of-way line of Loop
317	317	337 along the southwest line of the aforementioned J.M. Veramendi
318	318	Survey No. 2, N 37 31' 44" W a distance of 6360.32 feet to a point
319	319	for an angle point of the herein described 2445 acre tract;
320	320	THENCE leaving the aforementioned southwest line of the J.M.
321	321	Veramendi Survey No. 2, N 38 57' 51" W a distance of 787.42 feet to a
322	322	point for the northwest corner of the herein described 2445 acre
323	323	tract.
324	324	THENCE N 52 44' 09" E a distance of 8757.60 feet to a point in
325	325	the west right-of-way line of Hueco Springs Loop;
326	326	THENCE along the aforementioned west right-of-way line of
327	327	Hueco Springs Loop and the west right-of-way line of River Road the
328	328	following two courses:
329	329	S 86 32' 16" E a distance of 201.43 feet to a point of
330	330	curvature;
331	331	A distance of 344.47 feet with the arc of a curve to the right
332	332	having a radius of 400.00 feet, a central angle of 49 20' 30",
333	333	and a chord bearing S 61 52' 01" E a distance of 333.92 feet
334	334	to a point;
335	335	THENCE leaving the aforementioned west right-of-way line of
336	336	River Road and crossing said road, N 52 48' 14" E a distance of
337	337	64.75 feet to a point on the east right-of-way line of said River
338	338	Road;
339	339	THENCE continuing along the aforementioned east right-of-way
340	340	line of River Road the following five courses:
341	341	N 03 20' 51" W a distance of 73.11 feet to a point;
342	342	N 32 12' 23" E a distance of 293.67 feet to a point;
343	343	N 28 16' 58" E a distance of 202.11 feet to a point of
344	344	curvature;
345	345	A distance of 290.48 feet with the arc of a curve to the left
346	346	having a radius of 450.00 feet, a central angle of 36 59' 07",
347	347	and a chord bearing N 09 47' 24" E a distance of 285.46 feet
348	348	to a point of tangency;
349	349	N 08 42' 09" W a distance of 323.51 feet to a point for the
350	350	northernmost corner of the herein described 2445 acre tract;
351	351	THENCE leaving the east right-of-way line of aforementioned
352	352	River Road, N 52 41' 09" E a distance of 2775.35 feet to a point on
353	353	the Guadalupe River;
354	354	THENCE along the Guadalupe River the following twenty-nine
355	355	courses:
356	356	S 73 21' 29" E a distance of 99.49 feet to a point;
357	357	S 67 02' 29" E a distance of 262.24 feet to a point;
358	358	S 59 02' 29" E a distance of 195.70 feet to a point;
359	359	S 67 22' 29" E a distance of 283.64 feet to a point;
360	360	S 69 24' 29" E a distance of 184.28 feet to a point;
361	361	S 79 18' 29" E a distance of 541.48 feet to a point;
362	362	S 82 18' 29" E a distance of 262.44 feet to a point;
363	363	N 87 03' 31" E a distance of 185.33 feet to a point;
364	364	S 89 01' 29" E a distance of 258.74 feet to a point;
365	365	N 82 26' 31" E a distance of 234.79 feet to a point;
366	366	N 87 13' 31" E a distance of 210.43 feet to a point;
367	367	N 86 06' 31" E a distance of 248.84 feet to a point;
368	368	N 88 29' 31" E a distance of 97.51 feet to a point;
369	369	N 87 15' 31" E a distance of 293.24 feet to a point;
370	370	S 8100' 23" E a distance of 536.80 feet to a point;
371	371	S 53 20' 34" E a distance of 546.25 feet to a point;
372	372	S 26 51' 29" E a distance of 299.44 feet to a point;
373	373	S 00 03' 29" E a distance of 386.26 feet to a point;
374	374	S 12 01' 31" W a distance of 482.97 feet to a point;
375	375	S 01 18' 29" E a distance of 746.61 feet to a point;
376	376	S 14 32' 29" E a distance of 499.47 feet to a point;
377	377	S 29 01' 29" E a distance of 610.79 feet to a point;
378	378	S 69 20' 29" E a distance of 539.78 feet to a point;
379	379	N 88 50' 31" E a distance of 313.71 feet to a point;
380	380	N 89 38' 31" E a distance of 328.55 feet to a point;
381	381	N 87 22' 31" E a distance of 181.63 feet to a point;
382	382	N 77 54' 31" E a distance of 269.04 feet to a point;
383	383	N 62 05' 31" E a distance of 199.13 feet to a point;
384	384	N 72 05' 31" E a distance of 245.29 feet to a point;
385	385	N 66 41' 31" E a distance of 220.09 feet to a point for the
386	386	easternmost corner of the herein described 2445 acre tract;
387	387	THENCE leaving the Guadalupe River, S 52 06' 17" W a distance
388	388	of 587.77 feet to a point on the high bluff of said river;
389	389	THENCE along the aforementioned high bluff of the Guadalupe
390	390	River, S 85 06' 17" W a distance of 175.33 feet to a point on a fence
391	391	line;
392	392	THENCE along aforementioned fence, S 07 06' 17" W a distance
393	393	of 135.02 feet to a point;
394	394	THENCE along the aforementioned fence the following 7
395	395	courses:
396	396	S 52 48' 17" W a distance of 771.62 feet to a point;
397	397	S 57 07' 17" W a distance of 516.98 feet to a point;
398	398	S 52 10' 17" W a distance of 1029.25 feet to a point;
399	399	S 60 35' 17" W a distance of 72.71 feet to a point;
400	400	S 47 20' 17" W a distance of 764.86 feet to a point;
401	401	S 51 58' 17" W a distance of 848.33 feet to a point;
402	402	S 50 15' 17" W a distance of 324.45 feet to a point;
403	403	THENCE S 53 31' 17" W passing at 278.25 feet the east
404	404	right-of-way line of the aforementioned River Road, and continuing
405	405	for a total distance of 333.82 feet to a point on the west
406	406	right-of-way line of said road;
407	407	THENCE with the west right-of-way line of aforementioned
408	408	River Road the following two courses
409	409	S 34 53' 06" E a distance of 0.49 feet to a point;
410	410	S 34 53' 23" E a distance of 1503.31 feet to a point;
411	411	THENCE leaving the west right-of-way line of the
412	412	aforementioned River Road, S 49 59' 06" W a distance of 598.74 feet
413	413	to a point;
414	414	THENCE S 36 32' 54" E a distance of 654.05 feet to a point on
415	415	the north right-of-way line of the aforementioned Loop 337;
416	416	THENCE along the north right-of-way line of the
417	417	aforementioned Loop 337 the following seven courses:
418	418	S 79 28' 29" W a distance of 48.36 feet to a point;
419	419	S 73 45' 29" W a distance of 201.00 feet to a point;
420	420	S 79 28' 29" W a distance of 700.00 feet to a point;
421	421	S 76 36' 29" W a distance of 200.30 feet to a point;
422	422	S 79 28' 29" W a distance of 1258.30 feet to a point of
423	423	curvature;
424	424	A distance of 1204.36 feet with the arc of a curve to the left
425	425	having a radius of 5839.60 feet, a central angle of 11 49'
426	426	00", and a chord bearing S 73 33' 59" W a distance of 1202.22
427	427	feet to a point of tangency;
428	428	S 67 39' 29" W a distance of 516.41 feet to a point in a return
429	429	on the south line of a 17.089 acre tract as shown on a survey
430	430	plat by CDS/Muery Services dated April 23, 2007, recorded in
431	431	Comal County as document no. 200706020677;
432	432	THENCE along the east line of the aforementioned 17.089 acre
433	433	tract the following eight courses:
434	434	A distance of 78.08 feet with the arc of a curve to the left
435	435	having a radius of 50.00 feet, a central angle of 89 28' 37",
436	436	and a chord bearing N 22 08' 13" E a distance of 70.39 feet to
437	437	a point of tangency;
438	438	N 22 36' 07" W a distance of 149.65 feet to a point;
439	439	N 32 49' 27" W a distance of 61.98 feet to a point;
440	440	N 22 36' 07" W a distance of 43.27 feet to a point of
441	441	curvature;
442	442	A distance of 37.80 feet with the arc of a curve to the right
443	443	having a radius of 616.00 feet, a central angle of 3 30' 56",
444	444	and a chord bearing N 20 50' 38" W a distance of 37.79 feet to
445	445	a point;
446	446	N 06 24' 59" W a distance of 65.66 feet to a point;
447	447	A distance of 109.40 feet with the arc of a curve to the right
448	448	having a radius of 605.00 feet, a central angle of 10 21' 40",
449	449	and a chord bearing N 07 49' 38" W a distance of 109.28 feet
450	450	to a point of tangency;
451	451	North 02 38' 48" West a distance of 107.03 feet to a point of
452	452	curvature;
453	453	THENCE along the north line of the aforementioned 17.089 acre
454	454	tract:
455	455	A distance of 39.28 feet with the arc of a curve to the left
456	456	having a radius of 25.00 feet, a central angle of 90 00' 00",
457	457	and a chord bearing N 47 38' 48" W a distance of 35.36 feet to
458	458	a point of tangency;
459	459	S 87 21' 12" W a distance of 667.49 feet to a point of
460	460	curvature;
461	461	A distance of 768.90 feet with the arc of a curve to the left
462	462	having a radius of 926.14 feet, a central angle of 47 34' 06",
463	463	and a chord bearing S 63 34' 09" W ad distance of 747.01 feet
464	464	to a point;
465	465	THENCE along the west line of the aforementioned 17.089 acre
466	466	tract, S 35 39' 49" E a distance of 480.06 feet to a point;
467	467	THENCE leaving the west line of the aforementioned 17.089
468	468	acre, the following three courses:
469	469	S 54 19' 09" W a distance of 147.99 feet to a point;
470	470	S 35 27' 43" E a distance of 115.07 feet to a point;
471	471	N 54 19' 09" E a distance of 148.39 feet to a point in the west
472	472	line of the aforementioned 17.089 acre tract;
473	473	THENCE along the west line of the aforementioned 17.089 acre
474	474	tract, S 35 39' 49" E a distance of 310.55 feet the PLACE OF
475	475	BEGINNING, and containing 2,445 acres of land, more or less.
476	476	SECTION 3. (a) The legal notice of the intention to
477	477	introduce this Act, setting forth the general substance of this
478	478	Act, has been published as provided by law, and the notice and a
479	479	copy of this Act have been furnished to all persons, agencies,
480	480	officials, or entities to which they are required to be furnished
481	481	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
482	482	Government Code.
483	483	(b) The governor, one of the required recipients, has
484	484	submitted the notice and Act to the Texas Commission on
485	485	Environmental Quality.
486	486	(c) The Texas Commission on Environmental Quality has filed
487	487	its recommendations relating to this Act with the governor, the
488	488	lieutenant governor, and the speaker of the house of
489	489	representatives within the required time.
490	490	(d) All requirements of the constitution and laws of this
491	491	state and the rules and procedures of the legislature with respect
492	492	to the notice, introduction, and passage of this Act are fulfilled
493	493	and accomplished.
494	494	SECTION 4. This Act takes effect immediately if it receives
495	495	a vote of two-thirds of all the members elected to each house, as
496	496	provided by Section 39, Article III, Texas Constitution. If this
497	497	Act does not receive the vote necessary for immediate effect, this
498	498	Act takes effect September 1, 2009.
499	499	______________________________ ______________________________
500	500	President of the Senate Speaker of the House
501	501	I hereby certify that S.B. No. 2464 passed the Senate on
502	502	May 5, 2009, by the following vote: Yeas 31, Nays 0.
503	503	______________________________
504	504	Secretary of the Senate
505	505	I hereby certify that S.B. No. 2464 passed the House on
506	506	May 25, 2009, by the following vote: Yeas 142, Nays 0, two present
507	507	not voting.
508	508	______________________________
509	509	Chief Clerk of the House
510	510	Approved:
511	511	______________________________
512	512	Date
513	513	______________________________
514	514	Governor