This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  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