Texas 2009 - 81st Regular

Texas Senate Bill SB2470 Compare Versions

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1	1	S.B. No. 2470
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Maverick Improvement District of
6	6	Palo Pinto County; providing authority to impose a tax and issue
7	7	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 C, Title 4, Special District Local Laws
10	10	Code, is amended by adding Chapter 3870 to read as follows:
11	11	CHAPTER 3870. MAVERICK IMPROVEMENT DISTRICT
12	12	OF PALO PINTO COUNTY
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 3870.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the board of directors of the
16	16	district.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Maverick Improvement
19	19	District of Palo Pinto County.
20	20	Sec. 3870.002. NATURE OF DISTRICT. The district is a
21	21	special district created under Section 59, Article XVI, and
22	22	Sections 52 and 52-a, Article III, Texas Constitution.
23	23	Sec. 3870.003. CONFIRMATION AND DIRECTORS' ELECTION
24	24	REQUIRED. The temporary directors shall hold an election to
25	25	confirm the creation of the district and to elect five permanent
26	26	directors as provided by Section 49.102, Water Code.
27	27	Sec. 3870.004. CONSENT OF MUNICIPALITY REQUIRED. The
28	28	temporary directors may not hold an election under Section 3870.003
29	29	until each municipality in whose corporate limits or
30	30	extraterritorial jurisdiction the district is located has
31	31	consented by ordinance or resolution to the creation of the
32	32	district and to the inclusion of land in the district.
33	33	Sec. 3870.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
34	34	(a) The district is created to serve a public purpose and benefit.
35	35	By creating the district and in authorizing the county of Palo Pinto
36	36	and other political subdivisions to contract with the district, the
37	37	legislature has established a program to accomplish the public
38	38	purposes set out in Section 52-a, Article III, Texas Constitution.
39	39	(b) The district is created to accomplish the purposes of
40	40	promoting, developing, encouraging, and maintaining employment,
41	41	commerce, transportation, housing, tourism, recreation, economic
42	42	development, safety, and the public welfare in the district and to
43	43	accomplish the purposes of:
44	44	(1) a municipal utility district as provided by
45	45	general law and Section 59, Article XVI, Texas Constitution;
46	46	(2) a county development district as provided by
47	47	general law and Section 52-a, Article III, Texas Constitution;
48	48	(3) Section 52, Article III, Texas Constitution,
49	49	related to the construction, acquisition, improvement, operation,
50	50	or maintenance of macadamized, graveled, or paved roads, or
51	51	improvements, including storm drainage, in aid of those roads; and
52	52	(4) Section 52-a, Article III, Texas Constitution,
53	53	related to the provision of public recreational facilities,
54	54	including docks and boat access facilities, pedestrian ways and
55	55	street lighting and parking, and the installation of signage and
56	56	landscaping and the development of certain areas in the district
57	57	that are necessary for the restoration, preservation, and
58	58	enhancement of scenic beauty.
59	59	Sec. 3870.006. INITIAL DISTRICT TERRITORY. (a) The
60	60	district is initially composed of the territory described by
61	61	Section 2 of the Act creating this chapter.
62	62	(b) The boundaries and field notes contained in Section 2 of
63	63	the Act creating this chapter form a closure. A mistake made in the
64	64	field notes or in copying the field notes in the legislative process
65	65	does not affect the district's:
66	66	(1) organization, existence, or validity;
67	67	(2) right to issue any type of bond for the purposes
68	68	for which the district is created or to pay the principal of and
69	69	interest on a bond;
70	70	(3) right to impose a tax; or
71	71	(4) legality or operation.
72	72	[Sections 3870.007-3870.050 reserved for expansion]
73	73	SUBCHAPTER B. BOARD OF DIRECTORS
74	74	Sec. 3870.051. GOVERNING BODY; TERMS. (a) The district is
75	75	governed by a board of five elected directors.
76	76	(b) Except as provided by Section 3870.052, directors serve
77	77	staggered four-year terms.
78	78	Sec. 3870.052. TEMPORARY DIRECTORS. (a) On or after
79	79	September 1, 2009, the owner or owners of a majority of the assessed
80	80	value of the real property in the district may submit a petition to
81	81	the Texas Commission on Environmental Quality requesting that the
82	82	commission appoint as temporary directors the five persons named in
83	83	the petition. The commission shall appoint as temporary directors
84	84	the five persons named in the petition.
85	85	(b) Temporary directors serve until the earlier of:
86	86	(1) the date permanent directors are elected under
87	87	Section 3870.003; or
88	88	(2) September 1, 2013.
89	89	(c) If permanent directors have not been elected under
90	90	Section 3870.003 and the terms of the temporary directors have
91	91	expired, successor temporary directors shall be appointed or
92	92	reappointed as provided by Subsection (d) to serve terms that
93	93	expire on the earlier of:
94	94	(1) the date permanent directors are elected under
95	95	Section 3870.003; or
96	96	(2) the fourth anniversary of the date of the
97	97	appointment or reappointment.
98	98	(d) If Subsection (c) applies, the owner or owners of a
99	99	majority of the assessed value of the real property in the district
100	100	may submit a petition to the Texas Commission on Environmental
101	101	Quality requesting that the commission appoint as successor
102	102	temporary directors the five persons named in the petition. The
103	103	commission shall appoint as successor temporary directors the five
104	104	persons named in the petition.
105	105	[Sections 3870.053-3870.100 reserved for expansion]
106	106	SUBCHAPTER C. POWERS AND DUTIES
107	107	Sec. 3870.101. GENERAL POWERS AND DUTIES. The district has
108	108	the powers and duties necessary to accomplish the purposes for
109	109	which the district is created.
110	110	Sec. 3870.102. MUNICIPAL UTILITY DISTRICT POWERS AND
111	111	DUTIES. The district has the powers and duties provided by the
112	112	general law of this state, including Chapters 49 and 54, Water Code,
113	113	applicable to municipal utility districts created under Section 59,
114	114	Article XVI, Texas Constitution.
115	115	Sec. 3870.103. ROAD PROJECTS. Under Section 52, Article
116	116	III, Texas Constitution, the district may design, acquire,
117	117	construct, finance, improve, operate, and maintain macadamized,
118	118	graveled, or paved roads, or improvements, including storm
119	119	drainage, in aid of those roads, and may convey those roads or
120	120	improvements to this state, a county, or a municipality to operate
121	121	and maintain.
122	122	Sec. 3870.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
123	123	road project must meet all applicable construction standards,
124	124	zoning and subdivision requirements, and regulatory ordinances of a
125	125	municipality in whose corporate limits or extraterritorial
126	126	jurisdiction the road project is located.
127	127	(b) If a road project is not located in the corporate limits
128	128	or extraterritorial jurisdiction of a municipality, the road
129	129	project must meet all applicable construction standards, zoning and
130	130	subdivision requirements, and orders of a county in which the road
131	131	project is located.
132	132	(c) If the state will maintain and operate the road, the
133	133	Texas Transportation Commission must approve the plans and
134	134	specifications of the road project.
135	135	Sec. 3870.105. COMPLIANCE WITH MUNICIPAL CONSENT
136	136	ORDINANCES OR RESOLUTIONS. The district shall comply with all
137	137	applicable requirements of any ordinance or resolution adopted by
138	138	the governing body of a municipality under Section 54.016 or
139	139	54.0165, Water Code, that consents to the creation of the district
140	140	or to the inclusion of land in the district.
141	141	Sec. 3870.106. LIMITATION ON USE OF EMINENT DOMAIN. The
142	142	district may exercise the power of eminent domain only inside the
143	143	district's boundaries.
144	144	Sec. 3870.107. AGREEMENTS; GRANTS. (a) The district may
145	145	make an agreement with or accept a gift, grant, or loan from any
146	146	person.
147	147	(b) The board may enter into a contract with another
148	148	political subdivision or the state to share the costs of
149	149	construction, acquisition, operation, or maintenance of a
150	150	transportation improvement, including a road, a bridge, a culvert,
151	151	a parking facility, or another public improvement.
152	152	(c) The implementation of a district project is a
153	153	governmental function or service for the purposes of Chapter 791,
154	154	Government Code.
155	155	Sec. 3870.108. DIVISION OF DISTRICT. (a) The district may
156	156	be divided into two or more new districts only if the district:
157	157	(1) has no outstanding bonded debt; and
158	158	(2) is not imposing ad valorem taxes.
159	159	(b) This chapter applies to any new district created by the
160	160	division of the district, and a new district has all the powers and
161	161	duties of the district.
162	162	(c) Any new district created by the division of the district
163	163	may not, at the time the new district is created, contain any land
164	164	outside the area described by Section 2 of the Act creating this
165	165	chapter.
166	166	(d) The board, on its own motion or on receipt of a petition
167	167	signed by the owners of a majority of the assessed value of real
168	168	property in the district according to the most recent certified
169	169	appraisal roll for the county in which the district is located, may
170	170	adopt an order dividing the district. An order dividing the
171	171	district may be adopted before or after an election to confirm the
172	172	district as required by Section 3870.003.
173	173	(e) The board may adopt an order dividing the district
174	174	before or after the date the board holds an election under Section
175	175	3870.003 to confirm the district's creation.
176	176	(f) An order dividing the district shall:
177	177	(1) name each new district;
178	178	(2) include the metes and bounds of each new district;
179	179	(3) appoint temporary directors for each new district;
180	180	and
181	181	(4) provide for the division of assets and liabilities
182	182	between each new district.
183	183	(g) On or before the 30th day after the adoption of an order
184	184	dividing the district, the district shall file the order dividing
185	185	the district with the Texas Commission on Environmental Quality and
186	186	record the order in the real property records of the county in which
187	187	the district is located.
188	188	(h) Any new district created by the division of the district
189	189	shall hold a confirmation and directors' election as required by
190	190	Section 49.102, Water Code.
191	191	(i) Municipal consent to the creation of the district and to
192	192	the inclusion of land in the district granted under Section
193	193	3870.004 acts as municipal consent to the creation of any new
194	194	district created by the division of the district and to the
195	195	inclusion of land in the new district.
196	196	(j) Any new district created by the division of the district
197	197	must hold an election in the manner provided by Chapters 49 and 54,
198	198	Water Code, to obtain voter approval before the district may impose
199	199	a maintenance tax or issue bonds payable wholly or partly from ad
200	200	valorem taxes.
201	201	[Sections 3870.109-3870.150 reserved for expansion]
202	202	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
203	203	Sec. 3870.151. ELECTIONS REGARDING TAXES OR BONDS.
204	204	(a) The district may issue, without an election, bonds and other
205	205	obligations secured by:
206	206	(1) revenue other than ad valorem taxes; or
207	207	(2) contract payments described by Section 3870.153.
208	208	(b) The district must hold an election in the manner
209	209	provided by Chapters 49 and 54, Water Code, to obtain voter approval
210	210	before the district may impose an ad valorem tax or issue bonds
211	211	payable from ad valorem taxes.
212	212	(c) The district may not issue bonds payable from ad valorem
213	213	taxes to finance a road project unless the issuance is approved by a
214	214	vote of a two-thirds majority of the district voters voting at an
215	215	election held for that purpose.
216	216	Sec. 3870.152. OPERATION AND MAINTENANCE TAX. (a) If
217	217	authorized at an election held under Section 3870.151, the district
218	218	may impose an operation and maintenance tax on taxable property in
219	219	the district as provided by Section 49.107, Water Code.
220	220	(b) The board shall determine the tax rate. The rate may not
221	221	exceed the rate approved at the election.
222	222	Sec. 3870.153. CONTRACT TAXES. (a) As provided by Section
223	223	49.108, Water Code, the district may impose a tax other than an
224	224	operation and maintenance tax and use the revenue derived from the
225	225	tax to make payments under a contract after the provisions of the
226	226	contract have been approved by a majority of the district voters
227	227	voting at an election held for that purpose.
228	228	(b) A contract approved by the district voters may contain a
229	229	provision stating that the contract may be modified or amended by
230	230	the board without further voter approval.
231	231	Sec. 3870.154. POWERS OF COUNTY DEVELOPMENT DISTRICT. The
232	232	district has the powers of a county development district provided
233	233	by Chapter 383, Local Government Code.
234	234	Sec. 3870.155. SALES AND USE TAX; ELECTION. (a) The
235	235	district may adopt a sales and use tax as provided by Chapter 383,
236	236	Local Government Code, after an election in which the majority of
237	237	the voters of the district voting in the election authorize the
238	238	adoption of the tax.
239	239	(b) The board by order may call an election to authorize a
240	240	sales and use tax. The election may be held with any other district
241	241	election.
242	242	(c) The district shall provide notice of the election and
243	243	shall hold the election in the manner prescribed by Section
244	244	3870.151.
245	245	Sec. 3870.156. SALES AND USE TAX RATE. (a) On adoption of
246	246	the tax authorized by Section 3870.155, there is imposed a tax on
247	247	the receipts from the sale at retail of taxable items within the
248	248	district, and an excise tax on the use, storage, or other
249	249	consumption in the district of taxable items purchased, leased, or
250	250	rented from a retailer in the district during the period after the
251	251	tax is in effect.
252	252	(b) The board shall determine the rate of the tax, which may
253	253	be in one-eighth of one percent increments not to exceed the maximum
254	254	rate authorized by the district voters at the election. The board
255	255	may lower the tax rate to the extent it does not impair any
256	256	outstanding debt or obligations payable from the tax.
257	257	Sec. 3870.157. HOTEL OCCUPANCY TAX. (a) In this section,
258	258	"hotel" has the meaning assigned by Section 156.001, Tax Code.
259	259	(b) For purposes of this section, a reference in Subchapter
260	260	A, Chapter 352, Tax Code, to a county is a reference to the district
261	261	and a reference in Subchapter A, Chapter 352, Tax Code, to the
262	262	county's officers or governing body is a reference to the board.
263	263	(c) Except as inconsistent with this section, Subchapter A,
264	264	Chapter 352, Tax Code, governs a hotel occupancy tax authorized by
265	265	this section, including the collection of the tax, subject to the
266	266	limitations prescribed by Sections 352.002(b) and (c), Tax Code.
267	267	(d) The district may impose a hotel occupancy tax for any
268	268	district purpose, including to:
269	269	(1) maintain and operate the district;
270	270	(2) construct or acquire improvements; and
271	271	(3) provide a service.
272	272	(e) The district may examine and receive information
273	273	related to the imposition of hotel occupancy taxes to the same
274	274	extent as if the district were a county.
275	275	[Sections 3870.158-3870.200 reserved for expansion]
276	276	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
277	277	Sec. 3870.201. AUTHORITY TO ISSUE BONDS AND OTHER
278	278	OBLIGATIONS. The district may issue bonds or other obligations
279	279	payable wholly or partly from ad valorem taxes, impact fees,
280	280	revenue, contract payments, grants, or other district money, or any
281	281	combination of those sources, to pay for any authorized district
282	282	purpose.
283	283	Sec. 3870.202. TAXES FOR BONDS. At the time the district
284	284	issues bonds payable wholly or partly from ad valorem taxes, the
285	285	board shall provide for the annual imposition of a continuing
286	286	direct ad valorem tax, without limit as to rate or amount, while all
287	287	or part of the bonds are outstanding as required and in the manner
288	288	provided by Sections 54.601 and 54.602, Water Code.
289	289	Sec. 3870.203. BONDS FOR ROAD PROJECTS. At the time of
290	290	issuance, the total principal amount of bonds or other obligations
291	291	issued or incurred to finance road projects and payable from ad
292	292	valorem taxes may not exceed one-fourth of the assessed value of the
293	293	real property in the district.
294	294	SECTION 2. The Maverick Improvement District of Palo Pinto
295	295	County initially includes all the territory contained in the
296	296	following area:
297	297	METES AND BOUNDS DESCRIPTION
298	298	1,420 ACRES
299	299	IN THE S. P. R. R. CO. SURVEY, A-420, THE G. C. & S. R. R. CO.
300	300	SURVEY, A-1344, THE M. COSTELLO SURVEY, A-1456, THE J. W. BUNTON
301	301	SURVEY, A-53, THE J. E. WHITE SURVEY, A-922, THE M. MATA SURVEY,
302	302	A-336, THE E. P. COSTELLO SURVEY, A-2036, THE C. W. AMAKER SURVEY,
303	303	A-916, THE McKINNEY & WILLIAMS SURVEY, A-339, AND THE M. CASTLEMAN
304	304	SURVEY, A-119 PALO PINTO COUNTY, TEXAS
305	305	All that certain 1,420 acres of land which is out of the tract
306	306	of land described in the deed from S. V. Willingham to Beverly June
307	307	Willingham Baize recorded in Volume 995, Page 755, in the Deed
308	308	Records of Palo Pinto County, Texas, all of the 14.92 acres
309	309	described in the deed from June Baize to Judson and Joanie Edwards,
310	310	recorded in Volume 1085, Page 46, in the Deed Records of Palo Pinto
311	311	County, Texas and all of the 5.588 acres described in the deed from
312	312	Jeff H. and Mary Davis to Judson G. Edwards recorded in Volume 1230,
313	313	Page 619 in the Deed Records of Palo Pinto County, Texas, in the S.
314	314	P. R. R. Co. Survey, A-420, G. C. & S. R. R. Co. Survey, A-1344, M.
315	315	Costello Survey, A-1456, J. W. Bunton Survey, A-53, J. E. White
316	316	Survey, A-922, M. Mata Survey, A-336, E. P. Costello Survey,
317	317	A-2036, C. W. Amaker Survey, A-916, McKinney & Williams Survey,
318	318	A-339, and the M. Castleman Survey, A-119, Palo Pinto County, Texas
319	319	and more particularly described by metes and bounds as follows (All
320	320	bearings shown hereon are based the Texas State Plane Coordinate
321	321	System, North Central Zone (NAD 83). All distances shown hereon are
322	322	surface and may be converted to grid by using a scale factor of
323	323	0.999875503):
324	324	BEGINNING at a 1/2" iron rod found for the northeast corner of
325	325	said 5.588 acre tract, in the south line of the Third Tract
326	326	(Ainsworth Survey, A-1132) described in the deed from M. B. and
327	327	Margaret Costello to E. C. Stovall, recorded in Volume 159, Page 91,
328	328	in the Deed Records of Palo Pinto County, Texas;
329	329	THENCE South 02 09' 41" East - 409.63' along the east line of
330	330	said 5.588 acre tract, to a 5/8" iron rod with a cap stamped "PATE"
331	331	set for a corner, which is a point on a curve to the right, having a
332	332	central angle of 09 58' 27", a radius of 1030.00', and a chord
333	333	bearing and distance of South 52 46' 28" East - 179.08';
334	334	THENCE along said curve to the right an arc distance of
335	335	179.30' to a 5/8" iron rod with a cap stamped "PATE" set for the end
336	336	of curve;
337	337	THENCE South 47 47' 14" East - 181.95' to a 5/8" iron rod with
338	338	a cap stamped "PATE" set for the Point of Curvature of a curve to the
339	339	left, having a central angle of 82 00' 33", a radius of 270.00', and
340	340	a chord bearing and distance of South 88 47' 31" East - 354.30';
341	341	THENCE along said curve to the left an arc distance of 386.46'
342	342	to a 5/8" iron rod with a cap stamped "PATE" set for the end of
343	343	curve;
344	344	THENCE North 50 12' 13" East - 372.14' to a 5/8" iron rod with
345	345	a cap stamped "PATE" set for the Point of Curvature of a curve to the
346	346	right, having a central angle of 19 08' 46", a radius of 280.00',
347	347	and a chord bearing and distance of North 59 46' 36" East - 93.13';
348	348	THENCE along said curve to the right an arc distance of 93.57'
349	349	to a 5/8" iron rod with a cap stamped "PATE" set for the end of
350	350	curve;
351	351	THENCE North 69 20' 59" East - 378.21' to a 5/8" iron rod with
352	352	a cap stamped "PATE" set for the Point of Curvature of a curve to the
353	353	right, having a central angle of 71 19' 06", a radius of 280.00',
354	354	and a chord bearing and distance of South 74 59' 28" East - 326.46';
355	355	THENCE along said curve to the right an arc distance of
356	356	348.53' to a 5/8" iron rod with a cap stamped "PATE" set for the end
357	357	of curve;
358	358	THENCE South 39 19' 56" East - 520.91' to a 5/8" iron rod with
359	359	a cap stamped "PATE" set for the Point of Curvature of a curve to the
360	360	left, having a central angle of 45 46' 42", a radius of 970.00', and
361	361	a chord bearing and distance of South 62 13' 16" East - 754.56';
362	362	THENCE along said curve to the left an arc distance of 775.01'
363	363	to a 5/8" iron rod with a cap stamped "PATE" set for the end of
364	364	curve;
365	365	THENCE South 85 06' 37" East - 105.51' to a 5/8" iron rod with
366	366	a cap stamped "PATE" set for the Point of Curvature of a curve to the
367	367	right, having a central angle of 47 02' 23", a radius of 480.00',
368	368	and a chord bearing and distance of South 61 35' 26" East - 383.10';
369	369	THENCE along said curve to the right an arc distance of
370	370	394.08' to a 5/8" iron rod with a cap stamped "PATE" set for the end
371	371	of curve;
372	372	THENCE South 38 04' 14" East - 47.23' to a 5/8" iron rod with
373	373	a cap stamped "PATE" set for the Point of Curvature of a curve to the
374	374	left, having a central angle of 51 56' 41", a radius of 470.00', and
375	375	a chord bearing and distance of South 64 02' 35" East - 411.66';
376	376	THENCE along said curve to the left an arc distance of 426.11'
377	377	to a 5/8" iron rod with a cap stamped "PATE" set for the end of
378	378	curve;
379	379	THENCE North 89 59' 04" East - 208.86' to a 5/8" iron rod with
380	380	a cap stamped "PATE" set for an angle corner of the here in
381	381	described tract;
382	382	THENCE North 00 00' 56" West - 481.76' to a 5/8" iron rod with
383	383	a cap stamped "PATE" set for the Point of Curvature of a curve to the
384	384	left having a central angle of 93 25' 33", a radius of 470.00', and
385	385	a chord bearing and distance of North 46 43' 42' West - 684.25';
386	386	THENCE along said curve to the left an arc distance of 766.38'
387	387	to a 5/8" iron rod with a cap stamped "PATE" set for the Point of
388	388	Reverse Curvature of a curve to the right, having a central angle of
389	389	94 37' 54', a radius of 200.00', and a chord bearing and distance of
390	390	North 46 07' 31" West - 294.04';
391	391	THENCE along said curve to the right, an arc distance of
392	392	330.33' to a 5/8" iron rod with a cap stamped "PATE" set for the end
393	393	of curve;
394	394	THENCE North 01 11' 26" East, passing at a distance of
395	395	378.66' a rock mound found for the southeast corner of aforesaid
396	396	Third Tract (Ainsworth Survey, A-1132), and continuing along the
397	397	east line of aforesaid Third Tract (Ainsworth Survey, A-1132) and
398	398	the east line of the Second Tract (Caudill Survey, A-1959)
399	399	described in aforesaid deed from M. B. and Margaret Costello to E.
400	400	C. Stovall, a total distance of 4509.35' to a 5/8" iron rod with a
401	401	cap stamped "PATE" set for an angle corner of the herein described
402	402	tract, in the south line of the First Tract (J. Rohns Survey, A-381)
403	403	described in said deed from M. B. and Margaret Costello to E. C.
404	404	Stovall;
405	405	THENCE South 88 30' 14" East - 774.38' along the south line of
406	406	said First Tract to a stake in a rock mound found for the southeast
407	407	corner of said First Tract;
408	408	THENCE North 01 29' 46" East - 5701.18' along the east line of
409	409	said First Tract to a Brazos River Authority concrete monument
410	410	found for the southwest corner of the 851.5 acre tract described in
411	411	the deed from C. M. and Fannie Echols to Billy Charles Echols,
412	412	recorded in Volume 493, Page 473 in the Deed Records of Palo Pinto
413	413	County, Texas;
414	414	THENCE South 89 12' 29" East - 7723.10' along the south line
415	415	of said 851.5 acre tract to a 1" iron pipe found for the southeast
416	416	corner of said 851.5 acre tract common to the northeast corner of
417	417	the herein described tract, in the west line of the 2398.50 acre
418	418	tract described in the deed to the Brazos River Conservation and
419	419	Reclamation District, recorded in Volume 191, Page 71, in the Deed
420	420	Records of Palo Pinto County, Texas, also known as the "Brazos River
421	421	Authority Purchase Line";
422	422	THENCE along the "Brazos River Authority Purchase Line" the
423	423	following courses:
424	424	South 40 53' 41" West - 2675.84' to a 5/8" iron rod with a cap
425	425	stamped "PATE" set for an angle corner of the herein described
426	426	tract;
427	427	South 15 15' 48" West - 1199.86' to a 1" iron pipe found for
428	428	an angle corner of the herein described tract;
429	429	South 36 31' 37" West - 813.71' to a 1" iron pipe found for an
430	430	angle corner of the herein described tract;
431	431	North 71 09' 59" West - 731.11' to a 1" iron pipe found for an
432	432	angle corner of the herein described tract;
433	433	South 19 33' 13" East - 888.10' to a 5/8" iron rod with a cap
434	434	stamped "PATE" set for an angle corner of the herein described
435	435	tract;
436	436	South 62 21' 19" East - 970.00' to a 1" iron pipe found for an
437	437	angle corner of the herein described tract;
438	438	South 03 54' 47" West - 1390.56' to a 1" iron pipe found for
439	439	an angle corner of the herein described tract;
440	440	North 80 34' 18" West - 450.00' to 1" iron pipe found for an
441	441	angle corner of the herein described tract;
442	442	North 06 05' 49" West - 470.24' to a 1" iron pipe found for an
443	443	angle corner of the herein described tract;
444	444	North 60 05' 03" West - 670.26' to a 1" iron pipe found for an
445	445	angle corner of the herein described tract;
446	446	North 86 34' 20" West - 770.15' to a 1" iron pipe found for an
447	447	angle corner of the herein described tract;
448	448	South 10 34' 07" East - 370.21' to a 1" iron pipe found for an
449	449	angle corner of the herein described tract;
450	450	South 41 55' 05" West - 2679.56' to a 5/8" iron rod with a cap
451	451	stamped "PATE" set for an angle corner of the herein described
452	452	tract;
453	453	South 48 09' 45" West - 1760.86' to a 1" iron pipe found for
454	454	an angle corner of the herein described tract;
455	455	South 09 24' 25" West - 1246.44' to a 5/8" iron rod with a cap
456	456	stamped "PATE" set for an angle corner of the herein described
457	457	tract;
458	458	South 06 19' 18" East - 1012.53' to a 1" iron pipe found for
459	459	an angle corner of the herein described tract;
460	460	South 89 27' 43" East - 735.54' to an aluminum disk stamped
461	461	"Clear Fork Surveying" found for an angle corner of the herein
462	462	described tract;
463	463	North 68 20' 15" East - 354.88' to an aluminum disk stamped
464	464	"Clear Fork Surveying" found for an angle corner of the herein
465	465	described tract;
466	466	South 32 35' 43" East - 790.87' to a 1" iron pipe found for an
467	467	angle corner of the herein described tract;
468	468	North 14 53' 22" East - 429.66' to a 1-1/2" iron pipe found
469	469	for an angle corner of the herein described tract;
470	470	North 83 40' 13" East - 592.75' to a 1" iron pipe found for an
471	471	angle corner of the herein described tract;
472	472	South 65 30' 46" East - 802.74' to a 1" iron pipe found for an
473	473	angle corner of the herein described tract;
474	474	South 10 07' 37" East - 589.85' to an aluminum disk stamped
475	475	"Clear Fork Surveying" found for an angle corner of the herein
476	476	described tract;
477	477	South 60 03' 52" West - 1122.67' to a 1" iron pipe found for
478	478	an angle corner of the herein described tract;
479	479	South 42 42' 16" West - 1379.95' to a 1" iron pipe found for
480	480	an angle corner of the herein described tract;
481	481	North 29 38' 07" West - 730.05' to a 1" iron pipe found for an
482	482	angle corner of the herein described tract;
483	483	North 88 37' 54" West - 699.96' to a 1" iron pipe found for an
484	484	angle corner of the herein described tract;
485	485	South 31 08' 07" East - 999.77' to a 1" iron pipe found for an
486	486	angle corner of the herein described tract;
487	487	South 30 51' 20" West - 874.61' to an aluminum disk stamped
488	488	"Clear Fork Surveying" found for an angle corner of the herein
489	489	described tract;
490	490	South 67 50' 16" West - 920.88' to a 1" iron pipe found for an
491	491	angle corner of the herein described tract;
492	492	North 67 44' 36" West - 1115.23' to an aluminum disk stamped
493	493	"Clear Fork Surveying" found for an angle corner of the herein
494	494	described tract;
495	495	North 85 23' 34" West - 881.33' to an aluminum disk stamped
496	496	"Clear Fork Surveying" found for an angle corner of the herein
497	497	described tract;
498	498	South 72 33' 08" West - 1111.83' to an aluminum disk stamped
499	499	"Clear Fork Surveying" found for an angle corner of the herein
500	500	described tract;
501	501	North 45 36' 05" West - 486.17' to a 1" iron pipe found for an
502	502	angle corner of the herein described tract;
503	503	North 40 13' 43" East - 970.62' to a 1/2" iron rod in a 1" iron
504	504	pipe found for an angle corner of the herein described tract;
505	505	North 65 00' 36" East - 1824.86' to a 1" iron pipe found for
506	506	an angle corner of the herein described tract;
507	507	North 43 59' 43" East - 1803.99' to a 1" iron pipe found for
508	508	an angle corner of the herein described tract;
509	509	North 73 36' 48" West - 355.07' to a 5/8" iron rod with a cap
510	510	stamped "PATE" set for an angle corner of the herein described
511	511	tract;
512	512	THENCE North 00 00' 56" West - 266.02', departing the
513	513	aforesaid "Brazos River Authority Purchase Line", to a 5/8" iron
514	514	rod with a cap stamped "PATE" set for an angle corner of the herein
515	515	described tract;
516	516	THENCE South 89 59' 04" West - 230.94' to a 5/8" iron rod with
517	517	a cap stamped "PATE" set for the Point of Curvature on a curve to the
518	518	right, having a central angle of 51 56' 41", a radius of 530.00',
519	519	and a chord bearing and distance of North 64 02' 35" West - 464.21';
520	520	THENCE along said curve to the right an arc distance of
521	521	480.50' to a 5/8" iron rod with a cap stamped "PATE" set for the end
522	522	of curve;
523	523	THENCE North 38 04' 14" West - 47.23' to a 5/8" iron rod with
524	524	a cap stamped "PATE" set for the Point of Curvature of a curve to the
525	525	left, having a central angle of 47 02' 23", a radius of 420.00', and
526	526	a chord bearing and distance of North 61 35' 26" West - 335.22';
527	527	THENCE along said curve to the left an arc distance of 344.82'
528	528	to a 5/8" iron rod with a cap stamped "PATE" set for the end of
529	529	curve;
530	530	THENCE North 85 06' 37" West - 105.51' to a 5/8" iron rod with
531	531	a cap stamped "PATE" set for the Point of Curvature of a curve to the
532	532	right, having a central angle of 45 46' 42", a radius of 1030.00',
533	533	and a chord bearing and distance of North 62 13' 16" West - 801.23';
534	534	THENCE along said curve to the right an arc distance of
535	535	822.95' to a 5/8" iron rod with a cap stamped "PATE" set for the end
536	536	of curve;
537	537	THENCE North 39 19' 56" West- 520.91' to a 5/8" iron rod with
538	538	a cap stamped "PATE" set for the Point of Curvature of a curve to the
539	539	left, having a central angle of 71 19' 06", a radius of 220.00', and
540	540	a chord bearing and distance of North 74 59' 28" West - 256.50';
541	541	THENCE along said curve to the left an arc distance of 273.84'
542	542	to a 5/8" iron rod with a cap stamped "PATE" set for the end of
543	543	curve;
544	544	THENCE South 69 20' 59" West - 378.21' to a 5/8" iron rod with
545	545	a cap stamped "PATE" set for the Point of Curvature of a curve to the
546	546	left, having a central angle of 19 08' 46", a radius of 220.00', and
547	547	a chord bearing and distance of South 59 46' 36" West - 73.17';
548	548	THENCE along said curve to the left an arc distance of 73.52'
549	549	to a 5/8" iron rod with a cap stamped "PATE" set for the end of
550	550	curve;
551	551	THENCE South 50 12' 13" West - 167.17' to a 5/8" iron rod with
552	552	a cap stamped "PATE" set for an angle corner of the herein described
553	553	tract;
554	554	THENCE North 69 20' 59" East - 61.46' to an aluminum disc
555	555	stamped "Clear Fork Surveying" found for an angle corner of the
556	556	herein described tract, in a south line of aforesaid Baize tract,
557	557	common to aforesaid "Brazos River Authority Purchase Line";
558	558	THENCE South 05 39' 59" West - 405.30' along said "Brazos
559	559	River Authority Purchase Line" to a 1" iron pipe found for an angle
560	560	corner of the herein described tract;
561	561	THENCE South 69 09' 59" West - 870.00' along said "Brazos
562	562	River Authority Purchase Line" to a Brazos River Authority concrete
563	563	monument found for an angle corner of the herein described tract;
564	564	THENCE North 02 09' 41" West - 765.97' departing said "Brazos
565	565	River Authority Purchase Line" to a 1/2" iron rod with a cap stamped
566	566	"Landes & Associates" found the northeast corner of the 0.631 acre
567	567	tract described in the deed from Loyd Wayne Hamilton to L. Lynn and
568	568	Connie C. Jackson, recorded in Volume 1183, Page 463, in the Deed
569	569	Records of Palo Pinto County, Texas, common to the most easterly
570	570	southeast corner of aforesaid 5.588 acre tract;
571	571	THENCE South 79 28' 37" West - 185.06' along the north line of
572	572	said 0.631 acre tract to an 80d nail found for the northwest corner
573	573	of said 0.631 acre tract;
574	574	THENCE South 06 47' 49" East - 150.11' along the west line of
575	575	said 0.631 acre tract to a 1/2" iron rod found for the southwest
576	576	corner of said 0.631 acre tract, in the north line of an access
577	577	easement, recorded in Volume 548 Page 215, in the Deed Records of
578	578	Palo Pinto County, Texas;
579	579	THENCE South 82 49' 36" West - 171.50' along the north line of
580	580	said access easement a 5/8" iron rod found for the southwest corner
581	581	of aforesaid 5.588 acre tract
582	582	THENCE North 13 28' 50" West - 183.01' along the east line of
583	583	said access easement to a 1/2" iron rod with a cap stamped "Landes &
584	584	Associates" found for an angle corner of the herein described
585	585	tract;
586	586	THENCE North 11 25' 46" West - 436.36' continuing along the
587	587	east line of said access easement a 5/8" iron rod found for an angle
588	588	corner of the herein described tract;
589	589	THENCE South 89 09' 36" West - 4.72' to a 1/2" iron rod found
590	590	for the southeast corner of an 80' right-of-way described as Parcel
591	591	2, Part 3, for F.M. 1148 recorded in Volume 505, Page 282, in the
592	592	Deed Records of Palo Pinto County, Texas;
593	593	THENCE North 00 50' 24" West along the east line of said
594	594	Parcel 2, Part 3, passing at a distance of 78.00' a found 1/2" iron
595	595	rod with a cap stamped "Landes & Associates", continuing along said
596	596	east line for a total distance of 80.00' to a 5" elm tree found at
597	597	the northwest corner of aforesaid 5.588 acre tract, common to the
598	598	northeast corner of aforesaid Parcel 2, Part 3 and the most westerly
599	599	northwest corner of the herein described tract, in the south line of
600	600	aforesaid Third Tract (Ainsworth Survey, A-1132), from which the
601	601	recognized northwest corner (no monument found) of the aforesaid S.
602	602	P. R. R. Co. Survey, A-420 bears South 89 09' 36" West - 2297.00'
603	603	THENCE North 89 09' 36" East - 451.00' to the POINT OF
604	604	BEGINNING and containing 1,420 acres of land.
605	605	SECTION 3. (a) The legal notice of the intention to
606	606	introduce this Act, setting forth the general substance of this
607	607	Act, has been published as provided by law, and the notice and a
608	608	copy of this Act have been furnished to all persons, agencies,
609	609	officials, or entities to which they are required to be furnished
610	610	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
611	611	Government Code.
612	612	(b) The governor, one of the required recipients, has
613	613	submitted the notice and Act to the Texas Commission on
614	614	Environmental Quality.
615	615	(c) The Texas Commission on Environmental Quality has filed
616	616	its recommendations relating to this Act with the governor, the
617	617	lieutenant governor, and the speaker of the house of
618	618	representatives within the required time.
619	619	(d) All requirements of the constitution and laws of this
620	620	state and the rules and procedures of the legislature with respect
621	621	to the notice, introduction, and passage of this Act are fulfilled
622	622	and accomplished.
623	623	SECTION 4. This Act takes effect September 1, 2009.
624	624	______________________________ ______________________________
625	625	President of the Senate Speaker of the House
626	626	I hereby certify that S.B. No. 2470 passed the Senate on
627	627	April 24, 2009, by the following vote: Yeas 30, Nays 0.
628	628	______________________________
629	629	Secretary of the Senate
630	630	I hereby certify that S.B. No. 2470 passed the House on
631	631	May 15, 2009, by the following vote: Yeas 144, Nays 0, one
632	632	present not voting.
633	633	______________________________
634	634	Chief Clerk of the House
635	635	Approved:
636	636	______________________________
637	637	Date
638	638	______________________________
639	639	Governor