S.B. No. 2470
AN ACT
relating to the creation of the Maverick Improvement District of
Palo Pinto County; providing authority to impose a tax and issue
bonds; granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3870 to read as follows:
CHAPTER 3870. MAVERICK IMPROVEMENT DISTRICT
OF PALO PINTO COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3870.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a board member.
(3) "District" means the Maverick Improvement
District of Palo Pinto County.
Sec. 3870.002. NATURE OF DISTRICT. The district is a
special district created under Section 59, Article XVI, and
Sections 52 and 52-a, Article III, Texas Constitution.
Sec. 3870.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 3870.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 3870.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 3870.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public purpose and benefit.
By creating the district and in authorizing the county of Palo Pinto
and other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The district is created to accomplish the purposes of
promoting, developing, encouraging, and maintaining employment,
commerce, transportation, housing, tourism, recreation, economic
development, safety, and the public welfare in the district and to
accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution;
(2) a county development district as provided by
general law and Section 52-a, Article III, Texas Constitution;
(3) Section 52, Article III, Texas Constitution,
related to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads; and
(4) Section 52-a, Article III, Texas Constitution,
related to the provision of public recreational facilities,
including docks and boat access facilities, pedestrian ways and
street lighting and parking, and the installation of signage and
landscaping and the development of certain areas in the district
that are necessary for the restoration, preservation, and
enhancement of scenic beauty.
Sec. 3870.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 3870.007-3870.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3870.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 3870.052, directors serve
staggered four-year terms.
Sec. 3870.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2009, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the Texas Commission on Environmental Quality requesting that the
commission appoint as temporary directors the five persons named in
the petition. The commission shall appoint as temporary directors
the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 3870.003; or
(2) September 1, 2013.
(c) If permanent directors have not been elected under
Section 3870.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 3870.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the five
persons named in the petition.
[Sections 3870.053-3870.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3870.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3870.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 3870.103. ROAD PROJECTS. Under Section 52, Article
III, Texas Constitution, the district may design, acquire,
construct, finance, improve, operate, and maintain macadamized,
graveled, or paved roads, or improvements, including storm
drainage, in aid of those roads, and may convey those roads or
improvements to this state, a county, or a municipality to operate
and maintain.
Sec. 3870.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulatory ordinances of a
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards, zoning and
subdivision requirements, and orders of a county in which the road
project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 3870.105. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCES OR RESOLUTIONS. The district shall comply with all
applicable requirements of any ordinance or resolution adopted by
the governing body of a municipality under Section 54.016 or
54.0165, Water Code, that consents to the creation of the district
or to the inclusion of land in the district.
Sec. 3870.106. LIMITATION ON USE OF EMINENT DOMAIN. The
district may exercise the power of eminent domain only inside the
district's boundaries.
Sec. 3870.107. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The board may enter into a contract with another
political subdivision or the state to share the costs of
construction, acquisition, operation, or maintenance of a
transportation improvement, including a road, a bridge, a culvert,
a parking facility, or another public improvement.
(c) The implementation of a district project is a
governmental function or service for the purposes of Chapter 791,
Government Code.
Sec. 3870.108. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owners of a majority of the assessed value of real
property in the district according to the most recent certified
appraisal roll for the county in which the district is located, may
adopt an order dividing the district. An order dividing the
district may be adopted before or after an election to confirm the
district as required by Section 3870.003.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
3870.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between each new district.
(g) On or before the 30th day after the adoption of an order
dividing the district, the district shall file the order dividing
the district with the Texas Commission on Environmental Quality and
record the order in the real property records of the county in which
the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 49.102, Water Code.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
3870.004 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
(j) Any new district created by the division of the district
must hold an election in the manner provided by Chapters 49 and 54,
Water Code, to obtain voter approval before the district may impose
a maintenance tax or issue bonds payable wholly or partly from ad
valorem taxes.
[Sections 3870.109-3870.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3870.151. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3870.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 3870.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 3870.151, the district
may impose an operation and maintenance tax on taxable property in
the district as provided by Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 3870.153. CONTRACT TAXES. (a) As provided by Section
49.108, Water Code, the district may impose a tax other than an
operation and maintenance tax and use the revenue derived from the
tax to make payments under a contract after the provisions of the
contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 3870.154. POWERS OF COUNTY DEVELOPMENT DISTRICT. The
district has the powers of a county development district provided
by Chapter 383, Local Government Code.
Sec. 3870.155. SALES AND USE TAX; ELECTION. (a) The
district may adopt a sales and use tax as provided by Chapter 383,
Local Government Code, after an election in which the majority of
the voters of the district voting in the election authorize the
adoption of the tax.
(b) The board by order may call an election to authorize a
sales and use tax. The election may be held with any other district
election.
(c) The district shall provide notice of the election and
shall hold the election in the manner prescribed by Section
3870.151.
Sec. 3870.156. SALES AND USE TAX RATE. (a) On adoption of
the tax authorized by Section 3870.155, there is imposed a tax on
the receipts from the sale at retail of taxable items within the
district, and an excise tax on the use, storage, or other
consumption in the district of taxable items purchased, leased, or
rented from a retailer in the district during the period after the
tax is in effect.
(b) The board shall determine the rate of the tax, which may
be in one-eighth of one percent increments not to exceed the maximum
rate authorized by the district voters at the election. The board
may lower the tax rate to the extent it does not impair any
outstanding debt or obligations payable from the tax.
Sec. 3870.157. HOTEL OCCUPANCY TAX. (a) In this section,
"hotel" has the meaning assigned by Section 156.001, Tax Code.
(b) For purposes of this section, a reference in Subchapter
A, Chapter 352, Tax Code, to a county is a reference to the district
and a reference in Subchapter A, Chapter 352, Tax Code, to the
county's officers or governing body is a reference to the board.
(c) Except as inconsistent with this section, Subchapter A,
Chapter 352, Tax Code, governs a hotel occupancy tax authorized by
this section, including the collection of the tax, subject to the
limitations prescribed by Sections 352.002(b) and (c), Tax Code.
(d) The district may impose a hotel occupancy tax for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; and
(3) provide a service.
(e) The district may examine and receive information
related to the imposition of hotel occupancy taxes to the same
extent as if the district were a county.
[Sections 3870.158-3870.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 3870.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 3870.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 3870.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Maverick Improvement District of Palo Pinto
County initially includes all the territory contained in the
following area:
METES AND BOUNDS DESCRIPTION
1,420 ACRES
IN THE S. P. R. R. CO. SURVEY, A-420, THE G. C. & S. R. R. CO.
SURVEY, A-1344, THE M. COSTELLO SURVEY, A-1456, THE J. W. BUNTON
SURVEY, A-53, THE J. E. WHITE SURVEY, A-922, THE M. MATA SURVEY,
A-336, THE E. P. COSTELLO SURVEY, A-2036, THE C. W. AMAKER SURVEY,
A-916, THE McKINNEY & WILLIAMS SURVEY, A-339, AND THE M. CASTLEMAN
SURVEY, A-119 PALO PINTO COUNTY, TEXAS
All that certain 1,420 acres of land which is out of the tract
of land described in the deed from S. V. Willingham to Beverly June
Willingham Baize recorded in Volume 995, Page 755, in the Deed
Records of Palo Pinto County, Texas, all of the 14.92 acres
described in the deed from June Baize to Judson and Joanie Edwards,
recorded in Volume 1085, Page 46, in the Deed Records of Palo Pinto
County, Texas and all of the 5.588 acres described in the deed from
Jeff H. and Mary Davis to Judson G. Edwards recorded in Volume 1230,
Page 619 in the Deed Records of Palo Pinto County, Texas, in the S.
P. R. R. Co. Survey, A-420, G. C. & S. R. R. Co. Survey, A-1344, M.
Costello Survey, A-1456, J. W. Bunton Survey, A-53, J. E. White
Survey, A-922, M. Mata Survey, A-336, E. P. Costello Survey,
A-2036, C. W. Amaker Survey, A-916, McKinney & Williams Survey,
A-339, and the M. Castleman Survey, A-119, Palo Pinto County, Texas
and more particularly described by metes and bounds as follows (All
bearings shown hereon are based the Texas State Plane Coordinate
System, North Central Zone (NAD 83). All distances shown hereon are
surface and may be converted to grid by using a scale factor of
0.999875503):
BEGINNING at a 1/2" iron rod found for the northeast corner of
said 5.588 acre tract, in the south line of the Third Tract
(Ainsworth Survey, A-1132) described in the deed from M. B. and
Margaret Costello to E. C. Stovall, recorded in Volume 159, Page 91,
in the Deed Records of Palo Pinto County, Texas;
THENCE South 02 09' 41" East - 409.63' along the east line of
said 5.588 acre tract, to a 5/8" iron rod with a cap stamped "PATE"
set for a corner, which is a point on a curve to the right, having a
central angle of 09 58' 27", a radius of 1030.00', and a chord
bearing and distance of South 52 46' 28" East - 179.08';
THENCE along said curve to the right an arc distance of
179.30' to a 5/8" iron rod with a cap stamped "PATE" set for the end
of curve;
THENCE South 47 47' 14" East - 181.95' to a 5/8" iron rod with
a cap stamped "PATE" set for the Point of Curvature of a curve to the
left, having a central angle of 82 00' 33", a radius of 270.00', and
a chord bearing and distance of South 88 47' 31" East - 354.30';
THENCE along said curve to the left an arc distance of 386.46'
to a 5/8" iron rod with a cap stamped "PATE" set for the end of
curve;
THENCE North 50 12' 13" East - 372.14' to a 5/8" iron rod with
a cap stamped "PATE" set for the Point of Curvature of a curve to the
right, having a central angle of 19 08' 46", a radius of 280.00',
and a chord bearing and distance of North 59 46' 36" East - 93.13';
THENCE along said curve to the right an arc distance of 93.57'
to a 5/8" iron rod with a cap stamped "PATE" set for the end of
curve;
THENCE North 69 20' 59" East - 378.21' to a 5/8" iron rod with
a cap stamped "PATE" set for the Point of Curvature of a curve to the
right, having a central angle of 71 19' 06", a radius of 280.00',
and a chord bearing and distance of South 74 59' 28" East - 326.46';
THENCE along said curve to the right an arc distance of
348.53' to a 5/8" iron rod with a cap stamped "PATE" set for the end
of curve;
THENCE South 39 19' 56" East - 520.91' to a 5/8" iron rod with
a cap stamped "PATE" set for the Point of Curvature of a curve to the
left, having a central angle of 45 46' 42", a radius of 970.00', and
a chord bearing and distance of South 62 13' 16" East - 754.56';
THENCE along said curve to the left an arc distance of 775.01'
to a 5/8" iron rod with a cap stamped "PATE" set for the end of
curve;
THENCE South 85 06' 37" East - 105.51' to a 5/8" iron rod with
a cap stamped "PATE" set for the Point of Curvature of a curve to the
right, having a central angle of 47 02' 23", a radius of 480.00',
and a chord bearing and distance of South 61 35' 26" East - 383.10';
THENCE along said curve to the right an arc distance of
394.08' to a 5/8" iron rod with a cap stamped "PATE" set for the end
of curve;
THENCE South 38 04' 14" East - 47.23' to a 5/8" iron rod with
a cap stamped "PATE" set for the Point of Curvature of a curve to the
left, having a central angle of 51 56' 41", a radius of 470.00', and
a chord bearing and distance of South 64 02' 35" East - 411.66';
THENCE along said curve to the left an arc distance of 426.11'
to a 5/8" iron rod with a cap stamped "PATE" set for the end of
curve;
THENCE North 89 59' 04" East - 208.86' to a 5/8" iron rod with
a cap stamped "PATE" set for an angle corner of the here in
described tract;
THENCE North 00 00' 56" West - 481.76' to a 5/8" iron rod with
a cap stamped "PATE" set for the Point of Curvature of a curve to the
left having a central angle of 93 25' 33", a radius of 470.00', and
a chord bearing and distance of North 46 43' 42' West - 684.25';
THENCE along said curve to the left an arc distance of 766.38'
to a 5/8" iron rod with a cap stamped "PATE" set for the Point of
Reverse Curvature of a curve to the right, having a central angle of
94 37' 54', a radius of 200.00', and a chord bearing and distance of
North 46 07' 31" West - 294.04';
THENCE along said curve to the right, an arc distance of
330.33' to a 5/8" iron rod with a cap stamped "PATE" set for the end
of curve;
THENCE North 01 11' 26" East, passing at a distance of
378.66' a rock mound found for the southeast corner of aforesaid
Third Tract (Ainsworth Survey, A-1132), and continuing along the
east line of aforesaid Third Tract (Ainsworth Survey, A-1132) and
the east line of the Second Tract (Caudill Survey, A-1959)
described in aforesaid deed from M. B. and Margaret Costello to E.
C. Stovall, a total distance of 4509.35' to a 5/8" iron rod with a
cap stamped "PATE" set for an angle corner of the herein described
tract, in the south line of the First Tract (J. Rohns Survey, A-381)
described in said deed from M. B. and Margaret Costello to E. C.
Stovall;
THENCE South 88 30' 14" East - 774.38' along the south line of
said First Tract to a stake in a rock mound found for the southeast
corner of said First Tract;
THENCE North 01 29' 46" East - 5701.18' along the east line of
said First Tract to a Brazos River Authority concrete monument
found for the southwest corner of the 851.5 acre tract described in
the deed from C. M. and Fannie Echols to Billy Charles Echols,
recorded in Volume 493, Page 473 in the Deed Records of Palo Pinto
County, Texas;
THENCE South 89 12' 29" East - 7723.10' along the south line
of said 851.5 acre tract to a 1" iron pipe found for the southeast
corner of said 851.5 acre tract common to the northeast corner of
the herein described tract, in the west line of the 2398.50 acre
tract described in the deed to the Brazos River Conservation and
Reclamation District, recorded in Volume 191, Page 71, in the Deed
Records of Palo Pinto County, Texas, also known as the "Brazos River
Authority Purchase Line";
THENCE along the "Brazos River Authority Purchase Line" the
following courses:
South 40 53' 41" West - 2675.84' to a 5/8" iron rod with a cap
stamped "PATE" set for an angle corner of the herein described
tract;
South 15 15' 48" West - 1199.86' to a 1" iron pipe found for
an angle corner of the herein described tract;
South 36 31' 37" West - 813.71' to a 1" iron pipe found for an
angle corner of the herein described tract;
North 71 09' 59" West - 731.11' to a 1" iron pipe found for an
angle corner of the herein described tract;
South 19 33' 13" East - 888.10' to a 5/8" iron rod with a cap
stamped "PATE" set for an angle corner of the herein described
tract;
South 62 21' 19" East - 970.00' to a 1" iron pipe found for an
angle corner of the herein described tract;
South 03 54' 47" West - 1390.56' to a 1" iron pipe found for
an angle corner of the herein described tract;
North 80 34' 18" West - 450.00' to 1" iron pipe found for an
angle corner of the herein described tract;
North 06 05' 49" West - 470.24' to a 1" iron pipe found for an
angle corner of the herein described tract;
North 60 05' 03" West - 670.26' to a 1" iron pipe found for an
angle corner of the herein described tract;
North 86 34' 20" West - 770.15' to a 1" iron pipe found for an
angle corner of the herein described tract;
South 10 34' 07" East - 370.21' to a 1" iron pipe found for an
angle corner of the herein described tract;
South 41 55' 05" West - 2679.56' to a 5/8" iron rod with a cap
stamped "PATE" set for an angle corner of the herein described
tract;
South 48 09' 45" West - 1760.86' to a 1" iron pipe found for
an angle corner of the herein described tract;
South 09 24' 25" West - 1246.44' to a 5/8" iron rod with a cap
stamped "PATE" set for an angle corner of the herein described
tract;
South 06 19' 18" East - 1012.53' to a 1" iron pipe found for
an angle corner of the herein described tract;
South 89 27' 43" East - 735.54' to an aluminum disk stamped
"Clear Fork Surveying" found for an angle corner of the herein
described tract;
North 68 20' 15" East - 354.88' to an aluminum disk stamped
"Clear Fork Surveying" found for an angle corner of the herein
described tract;
South 32 35' 43" East - 790.87' to a 1" iron pipe found for an
angle corner of the herein described tract;
North 14 53' 22" East - 429.66' to a 1-1/2" iron pipe found
for an angle corner of the herein described tract;
North 83 40' 13" East - 592.75' to a 1" iron pipe found for an
angle corner of the herein described tract;
South 65 30' 46" East - 802.74' to a 1" iron pipe found for an
angle corner of the herein described tract;
South 10 07' 37" East - 589.85' to an aluminum disk stamped
"Clear Fork Surveying" found for an angle corner of the herein
described tract;
South 60 03' 52" West - 1122.67' to a 1" iron pipe found for
an angle corner of the herein described tract;
South 42 42' 16" West - 1379.95' to a 1" iron pipe found for
an angle corner of the herein described tract;
North 29 38' 07" West - 730.05' to a 1" iron pipe found for an
angle corner of the herein described tract;
North 88 37' 54" West - 699.96' to a 1" iron pipe found for an
angle corner of the herein described tract;
South 31 08' 07" East - 999.77' to a 1" iron pipe found for an
angle corner of the herein described tract;
South 30 51' 20" West - 874.61' to an aluminum disk stamped
"Clear Fork Surveying" found for an angle corner of the herein
described tract;
South 67 50' 16" West - 920.88' to a 1" iron pipe found for an
angle corner of the herein described tract;
North 67 44' 36" West - 1115.23' to an aluminum disk stamped
"Clear Fork Surveying" found for an angle corner of the herein
described tract;
North 85 23' 34" West - 881.33' to an aluminum disk stamped
"Clear Fork Surveying" found for an angle corner of the herein
described tract;
South 72 33' 08" West - 1111.83' to an aluminum disk stamped
"Clear Fork Surveying" found for an angle corner of the herein
described tract;
North 45 36' 05" West - 486.17' to a 1" iron pipe found for an
angle corner of the herein described tract;
North 40 13' 43" East - 970.62' to a 1/2" iron rod in a 1" iron
pipe found for an angle corner of the herein described tract;
North 65 00' 36" East - 1824.86' to a 1" iron pipe found for
an angle corner of the herein described tract;
North 43 59' 43" East - 1803.99' to a 1" iron pipe found for
an angle corner of the herein described tract;
North 73 36' 48" West - 355.07' to a 5/8" iron rod with a cap
stamped "PATE" set for an angle corner of the herein described
tract;
THENCE North 00 00' 56" West - 266.02', departing the
aforesaid "Brazos River Authority Purchase Line", to a 5/8" iron
rod with a cap stamped "PATE" set for an angle corner of the herein
described tract;
THENCE South 89 59' 04" West - 230.94' to a 5/8" iron rod with
a cap stamped "PATE" set for the Point of Curvature on a curve to the
right, having a central angle of 51 56' 41", a radius of 530.00',
and a chord bearing and distance of North 64 02' 35" West - 464.21';
THENCE along said curve to the right an arc distance of
480.50' to a 5/8" iron rod with a cap stamped "PATE" set for the end
of curve;
THENCE North 38 04' 14" West - 47.23' to a 5/8" iron rod with
a cap stamped "PATE" set for the Point of Curvature of a curve to the
left, having a central angle of 47 02' 23", a radius of 420.00', and
a chord bearing and distance of North 61 35' 26" West - 335.22';
THENCE along said curve to the left an arc distance of 344.82'
to a 5/8" iron rod with a cap stamped "PATE" set for the end of
curve;
THENCE North 85 06' 37" West - 105.51' to a 5/8" iron rod with
a cap stamped "PATE" set for the Point of Curvature of a curve to the
right, having a central angle of 45 46' 42", a radius of 1030.00',
and a chord bearing and distance of North 62 13' 16" West - 801.23';
THENCE along said curve to the right an arc distance of
822.95' to a 5/8" iron rod with a cap stamped "PATE" set for the end
of curve;
THENCE North 39 19' 56" West- 520.91' to a 5/8" iron rod with
a cap stamped "PATE" set for the Point of Curvature of a curve to the
left, having a central angle of 71 19' 06", a radius of 220.00', and
a chord bearing and distance of North 74 59' 28" West - 256.50';
THENCE along said curve to the left an arc distance of 273.84'
to a 5/8" iron rod with a cap stamped "PATE" set for the end of
curve;
THENCE South 69 20' 59" West - 378.21' to a 5/8" iron rod with
a cap stamped "PATE" set for the Point of Curvature of a curve to the
left, having a central angle of 19 08' 46", a radius of 220.00', and
a chord bearing and distance of South 59 46' 36" West - 73.17';
THENCE along said curve to the left an arc distance of 73.52'
to a 5/8" iron rod with a cap stamped "PATE" set for the end of
curve;
THENCE South 50 12' 13" West - 167.17' to a 5/8" iron rod with
a cap stamped "PATE" set for an angle corner of the herein described
tract;
THENCE North 69 20' 59" East - 61.46' to an aluminum disc
stamped "Clear Fork Surveying" found for an angle corner of the
herein described tract, in a south line of aforesaid Baize tract,
common to aforesaid "Brazos River Authority Purchase Line";
THENCE South 05 39' 59" West - 405.30' along said "Brazos
River Authority Purchase Line" to a 1" iron pipe found for an angle
corner of the herein described tract;
THENCE South 69 09' 59" West - 870.00' along said "Brazos
River Authority Purchase Line" to a Brazos River Authority concrete
monument found for an angle corner of the herein described tract;
THENCE North 02 09' 41" West - 765.97' departing said "Brazos
River Authority Purchase Line" to a 1/2" iron rod with a cap stamped
"Landes & Associates" found the northeast corner of the 0.631 acre
tract described in the deed from Loyd Wayne Hamilton to L. Lynn and
Connie C. Jackson, recorded in Volume 1183, Page 463, in the Deed
Records of Palo Pinto County, Texas, common to the most easterly
southeast corner of aforesaid 5.588 acre tract;
THENCE South 79 28' 37" West - 185.06' along the north line of
said 0.631 acre tract to an 80d nail found for the northwest corner
of said 0.631 acre tract;
THENCE South 06 47' 49" East - 150.11' along the west line of
said 0.631 acre tract to a 1/2" iron rod found for the southwest
corner of said 0.631 acre tract, in the north line of an access
easement, recorded in Volume 548 Page 215, in the Deed Records of
Palo Pinto County, Texas;
THENCE South 82 49' 36" West - 171.50' along the north line of
said access easement a 5/8" iron rod found for the southwest corner
of aforesaid 5.588 acre tract
THENCE North 13 28' 50" West - 183.01' along the east line of
said access easement to a 1/2" iron rod with a cap stamped "Landes &
Associates" found for an angle corner of the herein described
tract;
THENCE North 11 25' 46" West - 436.36' continuing along the
east line of said access easement a 5/8" iron rod found for an angle
corner of the herein described tract;
THENCE South 89 09' 36" West - 4.72' to a 1/2" iron rod found
for the southeast corner of an 80' right-of-way described as Parcel
2, Part 3, for F.M. 1148 recorded in Volume 505, Page 282, in the
Deed Records of Palo Pinto County, Texas;
THENCE North 00 50' 24" West along the east line of said
Parcel 2, Part 3, passing at a distance of 78.00' a found 1/2" iron
rod with a cap stamped "Landes & Associates", continuing along said
east line for a total distance of 80.00' to a 5" elm tree found at
the northwest corner of aforesaid 5.588 acre tract, common to the
northeast corner of aforesaid Parcel 2, Part 3 and the most westerly
northwest corner of the herein described tract, in the south line of
aforesaid Third Tract (Ainsworth Survey, A-1132), from which the
recognized northwest corner (no monument found) of the aforesaid S.
P. R. R. Co. Survey, A-420 bears South 89 09' 36" West - 2297.00'
THENCE North 89 09' 36" East - 451.00' to the POINT OF
BEGINNING and containing 1,420 acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2470 passed the Senate on
April 24, 2009, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2470 passed the House on
May 15, 2009, by the following vote: Yeas 144, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor