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|  | 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 |