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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Maverick Improvement District of |
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Palo Pinto County; providing authority to impose a tax and issue |
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bonds; granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3870 to read as follows: |
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CHAPTER 3870. MAVERICK IMPROVEMENT DISTRICT |
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OF PALO PINTO COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3870.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a board member. |
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(3) "District" means the Maverick Improvement |
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District of Palo Pinto County. |
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Sec. 3870.002. NATURE OF DISTRICT. The district is a |
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special district created under Section 59, Article XVI, and |
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Sections 52 and 52-a, Article III, Texas Constitution. |
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Sec. 3870.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 3870.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 3870.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 3870.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public purpose and benefit. By |
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creating the district and in authorizing the county of Palo Pinto |
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and other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(b) The district is created to accomplish the purposes of |
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promoting, developing, encouraging, and maintaining employment, |
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commerce, transportation, housing, tourism, recreation, economic |
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development, safety, and the public welfare in the district, and to |
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accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; |
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(2) a county development district as provided by |
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general law and Section 52-a, Article III, Texas Constitution; |
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(3) Section 52, Article III, Texas Constitution, |
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related to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads; and |
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(4) Section 52-a, Article III, Texas Constitution, |
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related to the provision of public recreational facilities, |
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including docks and boat access facilities, pedestrian ways and |
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street lighting and parking, and the installation of signage and |
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landscaping and the development of certain areas in the district |
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that are necessary for the restoration, preservation, and |
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enhancement of scenic beauty. |
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Sec. 3870.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 3870.007-3870.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3870.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 3870.052, directors serve |
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staggered four-year terms. |
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Sec. 3870.052. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2009, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the Texas Commission on Environmental Quality requesting that the |
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commission appoint as temporary directors the five persons named in |
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the petition. The commission shall appoint as temporary directors |
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the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 3870.003; or |
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(2) September 1, 2013. |
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(c) If permanent directors have not been elected under |
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Section 3870.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 3870.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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[Sections 3870.053-3870.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3870.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3870.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 3870.103. ROAD PROJECTS. Under Section 52, Article |
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III, Texas Constitution, the district may design, acquire, |
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construct, finance, improve, operate, and maintain macadamized, |
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graveled, or paved roads, or improvements, including storm |
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drainage, in aid of those roads, and may convey those roads or |
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improvements to this state, a county, or a municipality to operate |
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and maintain. |
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Sec. 3870.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulatory ordinances of a |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and orders of a county in which the road |
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project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 3870.105. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCES OR RESOLUTIONS. The district shall comply with all |
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applicable requirements of any ordinance or resolution adopted by |
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the governing body of a municipality under Section 54.016 or |
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54.0165, Water Code, that consents to the creation of the district |
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or to the inclusion of land in the district. |
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Sec. 3870.106. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may exercise the power of eminent domain only inside the |
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district's boundaries. |
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Sec. 3870.107. AGREEMENTS; GRANTS. (a) The district may |
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make an agreement with or accept a gift, grant, or loan from any |
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person. |
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(b) The board may enter into a contract with another |
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political subdivision or the state to share the costs of |
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construction, acquisition, operation, or maintenance of a |
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transportation improvement, including a road, a bridge, a culvert, |
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a parking facility, or another public improvement. |
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(c) The implementation of a district project is a |
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governmental function or service for the purposes of Chapter 791, |
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Government Code. |
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Sec. 3870.108. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owners of a majority of the assessed value of real |
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property in the district according to the most recent certified |
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appraisal roll for the county in which the district is located, may |
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adopt an order dividing the district. An order dividing the |
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district may be adopted before or after an election to confirm the |
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district as required by Section 3870.003. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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3870.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between each new district. |
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(g) On or before the 30th day after the adoption of an order |
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dividing the district, the district shall file the order dividing |
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the district with the Texas Commission on Environmental Quality and |
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record the order in the real property records of the county in which |
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the district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 49.102, Water Code. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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3870.004 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election in the manner provided by Chapters 49 and 54, |
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Water Code, to obtain voter approval before the district may impose |
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a maintenance tax or issue bonds payable wholly or partly from ad |
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valorem taxes. |
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[Sections 3870.109-3870.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 3870.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 3870.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 3870.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 3870.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district as provided by Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 3870.153. CONTRACT TAXES. (a) As provided by Section |
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49.108, Water Code, the district may impose a tax other than an |
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operation and maintenance tax and use the revenue derived from the |
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tax to make payments under a contract after the provisions of the |
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contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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Sec. 3870.154. POWERS OF COUNTY DEVELOPMENT DISTRICT. The |
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district has the powers of a county development district provided |
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by Chapter 383, Local Government Code. |
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Sec. 3870.155. SALES AND USE TAX; ELECTION. (a) The |
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district may adopt a sales and use tax as provided by Chapter 383, |
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Local Government Code, after an election in which the majority of |
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the voters of the district voting in the election authorize the |
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adoption of the tax. |
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(b) The board by order may call an election to authorize a |
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sales and use tax. The election may be held with any other district |
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election. |
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(c) The district shall provide notice of the election and |
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shall hold the election in the manner prescribed by Section |
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3870.151. |
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Sec. 3870.156. SALES AND USE TAX RATE. (a) On adoption of |
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the tax authorized by Section 3870.155, there is imposed a tax on |
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the receipts from the sale at retail of taxable items within the |
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district, and an excise tax on the use, storage, or other |
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consumption in the district of taxable items purchased, leased, or |
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rented from a retailer in the district during the period after the |
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tax is in effect. |
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(b) The board shall determine the rate of the tax, which may |
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be in one-eighth of one percent increments not to exceed the maximum |
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rate authorized by the district voters at the election. The board |
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may lower the tax rate to the extent it does not impair any |
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outstanding debt or obligations payable from the tax. |
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Sec. 3870.157. HOTEL OCCUPANCY TAX. (a) In this section, |
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"hotel" has the meaning assigned by Section 156.001, Tax Code. |
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(b) For purposes of this section, a reference in Subchapter |
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A, Chapter 352, Tax Code, to a county is a reference to the district |
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and a reference in Subchapter A, Chapter 352, Tax Code, to the |
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county's officers or governing body is a reference to the board. |
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(c) Except as inconsistent with this section, Subchapter A, |
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Chapter 352, Tax Code, governs a hotel occupancy tax authorized by |
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this section, including the collection of the tax, subject to the |
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limitations prescribed by Sections 352.002(b) and (c), Tax Code. |
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(d) The district may impose a hotel occupancy tax for any |
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district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; and |
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(3) provide a service. |
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(e) The district may examine and receive information |
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related to the imposition of hotel occupancy taxes to the same |
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extent as if the district were a county. |
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[Sections 3870.158-3870.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 3870.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 3870.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 3870.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Maverick Improvement District of Palo Pinto |
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County initially includes all the territory contained in the |
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following area: |
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METES AND BOUNDS DESCRIPTION |
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1,420 ACRES |
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IN THE S. P. R. R. CO. SURVEY, A-420, THE G. C. & S. R. R. CO. |
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SURVEY, A-1344, THE M. COSTELLO SURVEY, A-1456, THE J. W. BUNTON |
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SURVEY, A-53, THE J. E. WHITE SURVEY, A-922, THE M. MATA SURVEY, |
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A-336, THE E. P. COSTELLO SURVEY, A-2036, THE C. W. AMAKER SURVEY, |
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A-916, THE McKINNEY & WILLIAMS SURVEY, A-339, AND THE M. CASTLEMAN |
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SURVEY, A-119 PALO PINTO COUNTY, TEXAS |
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All that certain 1,420 acres of land which is out of the tract |
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of land described in the deed from S. V. Willingham to Beverly June |
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Willingham Baize recorded in Volume 995, Page 755, in the Deed |
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Records of Palo Pinto County, Texas, all of the 14.92 acres |
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described in the deed from June Baize to Judson and Joanie Edwards, |
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recorded in Volume 1085, Page 46, in the Deed Records of Palo Pinto |
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County, Texas and all of the 5.588 acres described in the deed from |
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Jeff H. and Mary Davis to Judson G. Edwards recorded in Volume 1230, |
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Page 619 in the Deed Records of Palo Pinto County, Texas, in the S. |
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P. R. R. Co. Survey, A-420, G. C. & S. R. R. Co. Survey, A-1344, M. |
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Costello Survey, A-1456, J. W. Bunton Survey, A-53, J. E. White |
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Survey, A-922, M. Mata Survey, A-336, E. P. Costello Survey, |
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A-2036, C. W. Amaker Survey, A-916, McKinney & Williams Survey, |
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A-339, and the M. Castleman Survey, A-119, Palo Pinto County, Texas |
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and more particularly described by metes and bounds as follows (All |
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bearings shown hereon are based the Texas State Plane Coordinate |
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System, North Central Zone (NAD 83). All distances shown hereon are |
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surface and may be converted to grid by using a scale factor of |
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0.999875503): |
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BEGINNING at a 1/2" iron rod found for the northeast corner of |
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said 5.588 acre tract, in the south line of the Third Tract |
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(Ainsworth Survey, A-1132) described in the deed from M. B. and |
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Margaret Costello to E. C. Stovall, recorded in Volume 159, Page 91, |
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in the Deed Records of Palo Pinto County, Texas; |
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THENCE South 02° 09' 41" East - 409.63' along the east line of |
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said 5.588 acre tract, to a 5/8" iron rod with a cap stamped "PATE" |
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set for a corner, which is a point on a curve to the right, having a |
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central angle of 09° 58' 27", a radius of 1030.00', and a chord |
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bearing and distance of South 52° 46' 28" East - 179.08'; |
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THENCE along said curve to the right an arc distance of |
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179.30' to a 5/8" iron rod with a cap stamped "PATE" set for the end |
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of curve; |
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THENCE South 47° 47' 14" East - 181.95' to a 5/8" iron rod with |
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a cap stamped "PATE" set for the Point of Curvature of a curve to the |
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left, having a central angle of 82° 00' 33", a radius of 270.00', and |
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a chord bearing and distance of South 88° 47' 31" East - 354.30'; |
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THENCE along said curve to the left an arc distance of 386.46' |
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to a 5/8" iron rod with a cap stamped "PATE" set for the end of |
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curve; |
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THENCE North 50° 12' 13" East - 372.14' to a 5/8" iron rod with |
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a cap stamped "PATE" set for the Point of Curvature of a curve to the |
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right, having a central angle of 19° 08' 46", a radius of 280.00', |
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and a chord bearing and distance of North 59° 46' 36" East - 93.13'; |
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THENCE along said curve to the right an arc distance of 93.57' |
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to a 5/8" iron rod with a cap stamped "PATE" set for the end of |
|
curve; |
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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 |
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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'; |
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THENCE along said curve to the right an arc distance of |
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348.53' to a 5/8" iron rod with a cap stamped "PATE" set for the end |
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of curve; |
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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 |
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left, having a central angle of 45° 46' 42", a radius of 970.00', and |
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a chord bearing and distance of South 62° 13' 16" East - 754.56'; |
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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 |
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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'; |
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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 |
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94° 37' 54', a radius of 200.00', and a chord bearing and distance of |
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North 46° 07' 31" West - 294.04'; |
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THENCE along said curve to the right, an arc distance of |
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330.33' to a 5/8" iron rod with a cap stamped "PATE" set for the end |
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of curve; |
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THENCE North 01° 11' 26" East, passing at a distance of |
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378.66' a rock mound found for the southeast corner of aforesaid |
|
Third Tract (Ainsworth Survey, A-1132), and continuing along the |
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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. |
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C. Stovall, a total distance of 4509.35' to a 5/8" iron rod with a |
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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. |
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Stovall; |
|
THENCE South 88° 30' 14" East - 774.38' along the south line of |
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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. |