Texas 2011 - 82nd Regular

Texas House Bill HB3846 Compare Versions

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1	1	82R22326 JXC-D
2	2	By: Laubenberg H.B. No. 3846
3	3	Substitute the following for H.B. No. 3846:
4	4	By: Keffer C.S.H.B. No. 3846
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Mustang Ranch Municipal Management
10	10	District No. 1; providing authority to levy an assessment and issue
11	11	bonds.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 4, Special District Local Laws
14	14	Code, is amended by adding Chapter 3885 to read as follows:
15	15	CHAPTER 3885. MUSTANG RANCH MUNICIPAL MANAGEMENT DISTRICT NO. 1
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 3885.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "City" means the City of Celina, Texas.
20	20	(3) "County" means Collin County, Texas.
21	21	(4) "Development agreement" means the development
22	22	agreement between the city and Celina 682 Partners, L.P., initially
23	23	effective June 11, 2007.
24	24	(5) "Director" means a board member.
25	25	(6) "District" means the Mustang Ranch Municipal
26	26	Management District No. 1.
27	27	Sec. 3885.002. CREATION AND NATURE OF DISTRICT. The
28	28	district is a special district created under Sections 52 and 52-a,
29	29	Article III, and Section 59, Article XVI, Texas Constitution.
30	30	Sec. 3885.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
31	31	creation of the district is essential to accomplish the purposes of
32	32	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
33	33	Texas Constitution, and other public purposes stated in this
34	34	chapter. By creating the district and in authorizing the city and
35	35	other political subdivisions to contract with the district, the
36	36	legislature has established a program to accomplish the public
37	37	purposes set out in Section 52-a, Article III, Texas Constitution.
38	38	(b) The creation of the district is necessary to promote,
39	39	develop, encourage, and maintain employment, commerce,
40	40	transportation, housing, tourism, recreation, the arts,
41	41	entertainment, economic development, safety, and the public
42	42	welfare in the district.
43	43	(c) This chapter and the creation of the district may not be
44	44	interpreted to relieve the city or county from providing the level
45	45	of services provided to the area in the district as of the effective
46	46	date of the Act enacting this chapter. The district is created to
47	47	supplement and not to supplant the city and county services
48	48	provided in the district.
49	49	Sec. 3885.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
50	50	The district is created to serve a public use and benefit.
51	51	(b) All land and other property included in the district
52	52	will benefit from the improvements and services to be provided by
53	53	the district under powers conferred by Sections 52 and 52-a,
54	54	Article III, and Section 59, Article XVI, Texas Constitution, and
55	55	other powers granted under this chapter.
56	56	(c) The district is created to accomplish the purposes of a
57	57	municipal management district as provided by general law and
58	58	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
59	59	Texas Constitution.
60	60	(d) The creation of the district is in the public interest
61	61	and is essential to:
62	62	(1) further the public purposes of developing and
63	63	diversifying the economy of the state;
64	64	(2) eliminate unemployment and underemployment; and
65	65	(3) develop or expand transportation and commerce.
66	66	(e) The district will:
67	67	(1) promote the health, safety, and general welfare of
68	68	residents, employers, potential employees, employees, visitors,
69	69	and consumers in the district, and of the public;
70	70	(2) provide needed funding for the district to
71	71	preserve, maintain, and enhance the economic health and vitality of
72	72	the district territory as a community and business center; and
73	73	(3) promote the health, safety, welfare, and enjoyment
74	74	of the public by providing pedestrian ways and by landscaping and
75	75	developing certain areas in the district, which are necessary for
76	76	the restoration, preservation, and enhancement of scenic beauty.
77	77	(f) Pedestrian ways along or across a street, whether at
78	78	grade or above or below the surface, and street lighting, street
79	79	landscaping, parking, and street art objects are parts of and
80	80	necessary components of a street and are considered to be a street
81	81	or road improvement.
82	82	(g) The district will not act as the agent or
83	83	instrumentality of any private interest even though the district
84	84	will benefit many private interests as well as the public.
85	85	Sec. 3885.005. INITIAL DISTRICT TERRITORY. (a) The
86	86	district is initially composed of the territory described by
87	87	Section 2 of the Act enacting this chapter.
88	88	(b) The boundaries and field notes contained in Section 2 of
89	89	the Act enacting this chapter form a closure. A mistake in the
90	90	field notes or in copying the field notes in the legislative process
91	91	does not affect the district's:
92	92	(1) organization, existence, or validity;
93	93	(2) right to contract;
94	94	(3) authority to borrow money or issue bonds or other
95	95	obligations described by Section 3885.253 or to pay the principal
96	96	and interest of the bonds or other obligations;
97	97	(4) right to impose or collect an assessment, or
98	98	collect other revenue; or
99	99	(5) legality or operation.
100	100	Sec. 3885.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
101	101	(a) All or any part of the area of the district is eligible to be
102	102	included in:
103	103	(1) a tax increment reinvestment zone created under
104	104	Chapter 311, Tax Code;
105	105	(2) a tax abatement reinvestment zone created under
106	106	Chapter 312, Tax Code;
107	107	(3) an enterprise zone created under Chapter 2303,
108	108	Government Code; or
109	109	(4) an industrial district created under Chapter 42,
110	110	Local Government Code.
111	111	(b) If the city creates a tax increment reinvestment zone
112	112	described by Subsection (a), the city and the board of directors of
113	113	the zone, by contract with the district, may grant money deposited
114	114	in the tax increment fund to the district to be used by the district
115	115	for:
116	116	(1) the purposes permitted for money granted to a
117	117	corporation under Section 380.002(b), Local Government Code; and
118	118	(2) any other district purpose, including the right to
119	119	pledge the money as security for any bonds or other obligations
120	120	issued by the district under Section 3885.253.
121	121	(c) A tax increment reinvestment zone created by the city in
122	122	the district is not subject to the limitations provided by Section
123	123	311.006, Tax Code.
124	124	Sec. 3885.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
125	125	DISTRICT LAW. Except as provided by this chapter, Chapter 375,
126	126	Local Government Code, applies to the district.
127	127	Sec. 3885.008. LIBERAL CONSTRUCTION OF CHAPTER. This
128	128	chapter shall be liberally construed in conformity with the
129	129	findings and purposes stated in this chapter.
130	130	[Sections 3885.009-3885.050 reserved for expansion]
131	131	SUBCHAPTER B. BOARD OF DIRECTORS
132	132	Sec. 3885.051. GOVERNING BODY; TERMS. (a) The district is
133	133	governed by a board of five directors composed of:
134	134	(1) two directors appointed by the governing body of
135	135	the city;
136	136	(2) one director appointed by the governing body of
137	137	the city who is an employee of the Prosper Independent School
138	138	District;
139	139	(3) the city manager; and
140	140	(4) the city's chief financial officer.
141	141	(b) An appointed director serves a term of four years.
142	142	Sec. 3885.052. QUALIFICATIONS OF DIRECTOR. (a) Section
143	143	375.063, Local Government Code, does not apply to a director
144	144	employed by the city or the Prosper Independent School District.
145	145	(b) Section 49.052, Water Code, does not apply to the
146	146	district.
147	147	Sec. 3885.053. VACANCY. The governing body of the city
148	148	shall appoint a director to fill a vacancy on the board for the
149	149	remainder of the unexpired term.
150	150	Sec. 3885.054. DIRECTOR'S OATH OR AFFIRMATION. A director
151	151	shall file the director's oath or affirmation of office with the
152	152	district, and the district shall retain the oath or affirmation in
153	153	the district records.
154	154	Sec. 3885.055. OFFICERS. The board shall elect from among
155	155	the directors a chair, a vice chair, and a secretary.
156	156	Sec. 3885.056. COMPENSATION; EXPENSES. (a) The district
157	157	may compensate each director in an amount not to exceed $150 for
158	158	each board meeting.
159	159	(b) A director is entitled to reimbursement for necessary
160	160	and reasonable expenses incurred in carrying out the duties and
161	161	responsibilities of a director.
162	162	Sec. 3885.057. LIABILITY INSURANCE. The district may
163	163	obtain and pay for comprehensive general liability insurance
164	164	coverage from a commercial insurance company or other source that
165	165	protects and insures the directors against personal liability and
166	166	from all claims for actions taken as directors or actions and
167	167	activities taken by the district or by others acting on its behalf.
168	168	Sec. 3885.058. BOARD MEETINGS. The board shall hold
169	169	meetings at a place accessible to the public.
170	170	Sec. 3885.059. INITIAL DIRECTORS. (a) The initial board
171	171	consists of the following directors:
172	172	(1) Rod Hogan, city manager;
173	173	(2) Jay Toutounchian, city chief financial officer;
174	174	(3) Jim Melino;
175	175	(4) Drew Watkins, Prosper Independent School District
176	176	employee; and
177	177	(5) a director appointed by the governing body of the
178	178	city.
179	179	(b) Of the initial directors, the term of the director
180	180	appointed under Subsection (a)(3) expires May 31, 2014, and the
181	181	terms of the directors appointed under Subsections (a)(4) and (5)
182	182	expire May 31, 2012.
183	183	(c) This section expires September 1, 2014.
184	184	[Sections 3885.060-3885.100 reserved for expansion]
185	185	SUBCHAPTER C. POWERS AND DUTIES
186	186	Sec. 3885.101. GENERAL POWERS AND DUTIES. The district has
187	187	the powers and duties necessary to accomplish the purposes for
188	188	which the district is created.
189	189	Sec. 3885.102. IMPROVEMENT PROJECTS. The district may
190	190	provide, or it may enter into contracts with a governmental or
191	191	private entity to provide, the improvement projects described by
192	192	Subchapter C-1 or activities in support of or incidental to those
193	193	projects.
194	194	Sec. 3885.103. WATER DISTRICT POWERS. The district has the
195	195	powers provided by the general laws relating to conservation and
196	196	reclamation districts created under Section 59, Article XVI, Texas
197	197	Constitution, including Chapters 49 and 54, Water Code.
198	198	Sec. 3885.104. ROAD DISTRICT POWERS. The district has the
199	199	powers provided by the general laws relating to road districts and
200	200	road utility districts created under Section 52(b), Article III,
201	201	Texas Constitution, including Chapter 441, Transportation Code.
202	202	Sec. 3885.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The
203	203	district has the powers provided by Chapter 372, Local Government
204	204	Code, to a municipality or county.
205	205	Sec. 3885.106. CONTRACT POWERS. The district may contract
206	206	with a governmental or private entity, on terms determined by the
207	207	board, to carry out a power or duty authorized by this chapter or to
208	208	accomplish a purpose for which the district is created.
209	209	Sec. 3885.107. EMERGENCY SERVICES. (a) This section
210	210	applies only to territory in the district:
211	211	(1) that is in the extraterritorial jurisdiction of
212	212	the city;
213	213	(2) for which a plat has been filed; and
214	214	(3) that includes 100 or more residents.
215	215	(b) To protect the public interest, the district shall
216	216	provide or contract with a qualified party to provide emergency
217	217	services, including law enforcement, fire, and ambulance services,
218	218	in the territory described by Subsection (a).
219	219	Sec. 3885.108. AMENDMENT OF DEVELOPMENT AGREEMENT. The
220	220	parties to the development agreement may amend the agreement as
221	221	necessary to accomplish the purposes of the district.
222	222	Sec. 3885.109. ECONOMIC DEVELOPMENT. (a) The district may
223	223	engage in activities that accomplish the economic development
224	224	purposes of the district.
225	225	(b) The district may establish and provide for the
226	226	administration of one or more programs to promote state or local
227	227	economic development and to stimulate business and commercial
228	228	activity in the district, including programs to:
229	229	(1) make loans and grants of public money; and
230	230	(2) provide district personnel and services.
231	231	(c) The district may create economic development programs
232	232	and exercise the economic development powers that:
233	233	(1) Chapter 380, Local Government Code, provides to a
234	234	municipality; and
235	235	(2) Subchapter A, Chapter 1509, Government Code,
236	236	provides to a municipality.
237	237	Sec. 3885.110. NO EMINENT DOMAIN POWER. The district may
238	238	not exercise the power of eminent domain.
239	239	Sec. 3885.111. NO TOLL ROADS. The district may not
240	240	construct, acquire, maintain, or operate a toll road.
241	241	[Sections 3885.112-3885.150 reserved for expansion]
242	242	SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES
243	243	Sec. 3885.151. IMPROVEMENT PROJECTS AND SERVICES. The
244	244	district may provide, design, construct, acquire, improve,
245	245	relocate, operate, maintain, or finance an improvement project or
246	246	service using money available to the district, or contract with a
247	247	governmental or private entity to provide, design, construct,
248	248	acquire, improve, relocate, operate, maintain, or finance an
249	249	improvement project or service authorized under this chapter or
250	250	Chapter 375, Local Government Code.
251	251	Sec. 3885.152. BOARD DETERMINATION REQUIRED. The district
252	252	may not undertake an improvement project unless the board
253	253	determines the project:
254	254	(1) is necessary to accomplish a public purpose of the
255	255	district; and
256	256	(2) complies with the development agreement or the
257	257	parties to the development agreement agree to the project, in
258	258	writing.
259	259	Sec. 3885.153. LOCATION OF IMPROVEMENT PROJECT. An
260	260	improvement project may be inside or outside the district.
261	261	Sec. 3885.154. CITY REQUIREMENTS. (a) An improvement
262	262	project in the city must comply with any applicable requirements of
263	263	the city, including codes and ordinances, that are consistent with
264	264	the development agreement.
265	265	(b) The district may not provide, conduct, or authorize any
266	266	improvement project on the city's streets, highways,
267	267	rights-of-way, or easements without the consent of the governing
268	268	body of the city.
269	269	Sec. 3885.155. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE
270	270	AREA. The district may undertake an improvement project or service
271	271	that confers a special benefit on a definable area in the district
272	272	and levy and collect a special assessment on benefited property in
273	273	the district in accordance with:
274	274	(1) Chapter 372, Local Government Code; or
275	275	(2) Chapter 375, Local Government Code.
276	276	Sec. 3885.156. CONTRACTS. A contract to design, construct,
277	277	acquire, improve, relocate, operate, maintain, or finance an
278	278	improvement project is considered a contract for a good or service
279	279	under Subchapter I, Chapter 271, Local Government Code.
280	280	[Sections 3885.157-3885.200 reserved for expansion]
281	281	SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
282	282	Sec. 3885.201. DIVISION OF DISTRICT; PREREQUISITE. The
283	283	district may be divided into two or more new districts only if the
284	284	district has no outstanding bonded debt.
285	285	Sec. 3885.202. LAW APPLICABLE TO NEW DISTRICT. This
286	286	chapter applies to any new district created by division of the
287	287	district, and a new district has all the powers and duties of the
288	288	district.
289	289	Sec. 3885.203. DIVISION PROCEDURES. (a) The board, on its
290	290	own motion or on receipt of a petition signed by an owner of real
291	291	property in the district, may adopt an order proposing to divide the
292	292	district.
293	293	(b) The board may not divide the district unless the
294	294	division is approved by the governing body of the city by
295	295	resolution. The resolution may set terms for the division under
296	296	Subsection (c).
297	297	(c) If the board decides to divide the district, the board
298	298	shall, subject to the city's resolution:
299	299	(1) set the terms of the division, including names for
300	300	the new districts and a plan for the payment or performance of any
301	301	outstanding district obligations;
302	302	(2) prepare a metes and bounds description for each
303	303	proposed district; and
304	304	(3) appoint initial directors for each new district.
305	305	Sec. 3885.204. NOTICE AND RECORDING OF ORDER. Not later
306	306	than the 30th day after the date of an order dividing the district,
307	307	the district shall:
308	308	(1) file the order with the Texas Commission on
309	309	Environmental Quality; and
310	310	(2) record the order in the real property records of
311	311	the county in which the district is located.
312	312	Sec. 3885.205. CONTRACT AUTHORITY OF NEW DISTRICTS. (a)
313	313	Except as provided by Subsection (b), the new districts may
314	314	contract with each other for any matter the boards of the new
315	315	districts consider appropriate.
316	316	(b) The new districts may not contract with each other for
317	317	water and wastewater services.
318	318	[Sections 3885.206-3885.250 reserved for expansion]
319	319	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
320	320	Sec. 3885.251. DISBURSEMENTS AND TRANSFERS OF MONEY. The
321	321	board by resolution shall establish the number of directors'
322	322	signatures and the procedure required for a disbursement or
323	323	transfer of the district's money.
324	324	Sec. 3885.252. MONEY USED FOR IMPROVEMENTS OR SERVICES.
325	325	The district may undertake and provide an improvement project or
326	326	service authorized by this chapter using any money available to the
327	327	district.
328	328	Sec. 3885.253. BORROWING MONEY; OBLIGATIONS. (a) The
329	329	district may borrow money for a district purpose without holding an
330	330	election by issuing bonds, notes, time warrants, or other
331	331	obligations, or by entering into a contract or other agreement
332	332	payable wholly or partly from an assessment, a contract payment, a
333	333	grant, revenue from a zone created under Chapter 311 or 312, Tax
334	334	Code, other district revenue, or a combination of these sources.
335	335	(b) An obligation described by Subsection (a):
336	336	(1) may bear interest at a rate determined by the
337	337	board; and
338	338	(2) may include a term or condition as determined by
339	339	the board.
340	340	Sec. 3885.254. DEVELOPMENT AGREEMENT. Before the district
341	341	borrows money or issues an obligation under Section 3885.253, the
342	342	city must provide written certification to the district that no
343	343	party to the development agreement is in default as of the date the
344	344	district is authorized to borrow the money or enter the obligation.
345	345	Sec. 3885.255. ASSESSMENTS. (a) Except as provided by
346	346	Subsection (b), the district may impose an assessment on property
347	347	in the district to pay for an obligation described by Section
348	348	3885.253 in the manner provided for:
349	349	(1) a district under Subchapters A, E, and F, Chapter
350	350	375, Local Government Code; or
351	351	(2) a municipality or county under Subchapter A,
352	352	Chapter 372, Local Government Code.
353	353	(b) The district may not impose an assessment on a
354	354	municipality, county, or other political subdivision.
355	355	Sec. 3885.256. NOTICE OF ASSESSMENTS. (a) The board shall
356	356	annually file written notice with the secretary of the city that
357	357	specifies the assessments the district will impose in the
358	358	district's next fiscal year in sufficient clarity to describe the
359	359	assessments for the operation and maintenance of the district and
360	360	the assessments for the payment of debt service of obligations
361	361	issued or incurred by the district.
362	362	(b) The board shall annually record in the deed records of
363	363	the county a current assessment roll approved by the governing body
364	364	of the city.
365	365	(c) The assessment roll must clearly state that the
366	366	assessments in the assessment roll are in addition to the ad valorem
367	367	taxes imposed by other taxing units that tax real property in the
368	368	district.
369	369	(d) The district shall generate and implement a program to
370	370	provide notification to a prospective purchaser of property in the
371	371	district of the assessments that have been approved and are imposed
372	372	by the district.
373	373	Sec. 3885.257. RESIDENTIAL PROPERTY NOT EXEMPT. Section
374	374	375.161, Local Government Code, does not apply to the district.
375	375	Sec. 3885.258. NO IMPACT FEES. The district may not impose
376	376	an impact fee.
377	377	Sec. 3885.259. NO AD VALOREM TAX. The district may not
378	378	impose an ad valorem tax.
379	379	[Sections 3885.260-3885.300 reserved for expansion]
380	380	SUBCHAPTER F. DISSOLUTION
381	381	Sec. 3885.301. DISSOLUTION BY CITY. (a) The city may
382	382	dissolve the district by ordinance.
383	383	(b) The city may not dissolve the district until:
384	384	(1) the district's outstanding debt or contractual
385	385	obligations have been repaid or discharged; or
386	386	(2) the city agrees to succeed to the rights and
387	387	obligations of the district.
388	388	Sec. 3885.302. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
389	389	(a) If the dissolved district has bonds or other obligations
390	390	outstanding secured by and payable from assessments or other
391	391	revenue, the city succeeds to the rights and obligations of the
392	392	district regarding enforcement and collection of the assessments or
393	393	other revenue.
394	394	(b) The city shall have and exercise all district powers to
395	395	enforce and collect the assessments or other revenue to pay:
396	396	(1) the bonds or other obligations when due and
397	397	payable according to their terms; or
398	398	(2) special revenue or assessment bonds or other
399	399	obligations issued by the city to refund the outstanding bonds or
400	400	obligations of the district.
401	401	Sec. 3885.303. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
402	402	After the city dissolves the district, the city assumes the
403	403	obligations of the district, including any bonds or other debt
404	404	payable from assessments or other district revenue.
405	405	(b) If the city dissolves the district, the board shall
406	406	transfer ownership of all district property to the city.
407	407	SECTION 2. The Mustang Ranch Municipal Management District
408	408	No. 1 initially includes all the territory contained in the
409	409	following area:
410	410	BEING a tract of land located in the COLEMAN WATSON SURVEY,
411	411	ABSTRACT NO. 945, Collin County, Texas and being a part of a called
412	412	632.051 acre tract of land described in Deed to Twin Eagles, Ltd.
413	413	recorded in County Clerk's Document Number 96-0013989, Deed
414	414	Records, Collin County, Texas and being a part of a called 12.686
415	415	acre tract of land described in Deed to Robert S. Folsom, Trustee of
416	416	the Twin Eagles Qualified Personal Residence Trust recorded in
417	417	County Clerk's Document Number 95-0093145, Deed Records, Collin
418	418	County, Texas and being a part of a called 50.00 acre tract of land
419	419	described in Deed to Twin Eagles Ltd. recorded in Volume 4826, Page
420	420	2205, Deed Records, Collin County, Texas and being more
421	421	particularly described as follows:
422	422	BEGINNING at a 5/8 inch iron rod found in the North line of
423	423	Farm-To-Market Road 1461, a variable width right-of-way, at the
424	424	Southwest corner of a called 19.93 acre tract of land described in
425	425	Deed to Debra Folsom Jarma and Don M. Jarma recorded in Volume 3790,
426	426	Page 267, Deed Records, Collin County, Texas, said point being the
427	427	Southeast corner of said 50.00 acre tract;
428	428	THENCE South 89 degrees 41 minutes 18 seconds West, along the
429	429	North line of said Farm-To-Market Road 1461, a distance of 750.84
430	430	feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
431	431	set for corner, from which a 1/2 inch iron found bears South 76
432	432	degrees 31 minutes 14 seconds West, a distance of 2.08 feet;
433	433	THENCE South 89 degrees 16 minutes 18 seconds West,
434	434	continuing long the North line of said Farm-To-Market Road 1461, a
435	435	distance of 231.01 feet to a 1/2 inch iron rod with a yellow plastic
436	436	cap stamped "DAA" set at the Southwest corner of Lot 30, Block C of
437	437	TWELVE OAKS PHASE II, an Addition to Collin County, Texas according
438	438	to the Plat thereof recorded in Cabinet P, Slide 486, Map Records,
439	439	Collin County, Texas, from which a 1/2 inch iron rod with a yellow
440	440	plastic cap stamped "EC&D RPLS 5439" bears South 06 degrees 27
441	441	minutes 24 seconds West, a distance of 0.32 feet;
442	442	THENCE North 00 degrees 54 minutes 55 seconds East, along the
443	443	West line of said TWELVE OAKS PHASE II, a distance of 2,206.67 feet
444	444	to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set in
445	445	the South line of said 632.051 acre tract at the Northeast corner of
446	446	Lot 18, Block C of said TWELVE OAKS PHASE II, from which a 1/2 inch
447	447	iron rod with a yellow plastic cap stamped "ROOME" bears South 50
448	448	degrees 24 minutes 07 seconds West, a distance of 0.44 feet;
449	449	THENCE South 89 degrees 37 minutes 23 seconds West, along the
450	450	North line of said TWELVE OAKS PHASE II, a distance of 2,146.50 feet
451	451	to a 3/8 inch iron rod found at the Southwest corner of said 632.051
452	452	acre tract;
453	453	THENCE North 00 degrees 07 minutes 29 seconds East, along the
454	454	West line of said 632.051 acre tract, a distance of 1,637.32 feet to
455	455	a point for corner in the approximate centerline of Wilson Creek and
456	456	in the East line of Lot 5, Block A of WILSON CREEK ESTATES, an
457	457	Addition to Collin County, Texas according to the Plat thereof
458	458	recorded in Cabinet J, Slide 605, Map Records, Collin County,
459	459	Texas;
460	460	THENCE Northerly, along the East line of said WILSON CREEK
461	461	ESTATES and the approximate centerline of said Wilson Creek, the
462	462	following five (5) courses and distances; North 39 degrees 31
463	463	minutes 50 seconds East, a distance of 1.00 feet to a point for
464	464	corner; North 14 degrees 09 minutes 54 seconds East, a distance of
465	465	67.24 feet to a point for corner; North 01 degrees 45 minutes 24
466	466	seconds West, a distance of 113.30 feet to a point for corner; North
467	467	08 degrees 43 minutes 39 seconds West, a distance of 137.99 feet to
468	468	point for corner; North 02 degrees 14 minutes 13 seconds West, a
469	469	distance of 113.37 feet to point at the Southeast corner of WILSON
470	470	CREEK ESTATES 2, an Addition to Collin County, Texas according to
471	471	the Plat thereof recorded in Cabinet K, Slide 192, Map Records,
472	472	Collin County, Texas;
473	473	THENCE Northerly, along the East line of said WILSON CREEK
474	474	ESTATES 2 and the approximate centerline of said Wilson Creek, the
475	475	following eight (8) courses and distances; North 15 degrees 56
476	476	minutes 43 seconds East, a distance of 284.21 feet to point for
477	477	corner; North 27 degrees 49 minutes 29 seconds East, a distance of
478	478	53.72 feet to a point for corner; North 13 degrees 03 minutes 17
479	479	seconds East, a distance of 109.39 feet to point for corner; North
480	480	10 degrees 02 minutes 27 seconds West, a distance of 235.76 feet to
481	481	point for corner; North 04 degrees 58 minutes 53 seconds East, a
482	482	distance of 56.26 feet to a point for corner; North 05 degrees 12
483	483	minutes 56 seconds West, a distance of 121.33 feet to point for
484	484	corner; North 09 degrees 39 minutes 44 seconds West, a distance of
485	485	165.65 feet to point for corner; North 01 degrees 30 minutes 36
486	486	seconds East, a distance of 45.98 feet to a point for corner in the
487	487	South line of a called 185.094 acre tract of land described as Tract
488	488	One in Deed to J. Baxter Brinkman recorded in County Clerk's
489	489	Document Number 92-0052450, Deed Records, Collin County, Texas,
490	490	from which a 3/4 inch iron rod found bears South 89 degrees 38
491	491	minutes 46 seconds West; a distance of 39.22 feet;
492	492	THENCE North 89 degrees 38 minutes 46 seconds East, along the
493	493	common line of said 185.094 acre tract and said 632.051 acre tract,
494	494	a distance of 1,947.39 feet to a 1/2 inch iron rod found for corner;
495	495	THENCE North 00 degrees 14 minutes 27 seconds West, along the
496	496	common line of said 185.094 acre tract and said 632.051 acre tract,
497	497	a distance of 1,721.69 feet to a 1/2 inch iron rod with a yellow
498	498	plastic cap stamped "DAA" set at the Southwest corner of a called
499	499	5.384 acre tract of land described as Tract Two in Deed to J. Baxter
500	500	Brinkman recorded in County Clerk's Document Number 92-0052450,
501	501	Deed Records, Collin County, Texas, from which a 1/2 inch iron rod
502	502	found bears South 85 degrees 18 minutes 16 seconds West, a distance
503	503	of 1.01 feet;
504	504	THENCE Easterly, along the common line of said 5.384 acre
505	505	tract and said 632.051 acre tract, the following six (6) courses and
506	506	distances: North 89 degrees 48 minutes 09 seconds East, a distance
507	507	of 2,167.88 feet to a 1/2 inch iron rod with a yellow plastic cap
508	508	stamped "COLLIS RPLS 1764" found for corner; North 89 degrees 49
509	509	minutes 55 seconds East, a distance of 465.82 feet to a 1/2 inch
510	510	iron rod with a yellow plastic cap stamped "DAA" set for corner,
511	511	from which a 1/2 inch iron rod found bears South 35 degrees 46
512	512	minutes 01 seconds West, a distance of 0.39 feet; North 89 degrees
513	513	47 minutes 20 seconds East, a distance of 305.39 feet to a 1/2 inch
514	514	iron rod found for corner; North 89 degrees 51 minutes 51 seconds
515	515	East, a distance of 816.05 feet to a 1/2 inch iron rod with a yellow
516	516	plastic cap stamped "DAA" set for corner; South 89 degrees 56
517	517	minutes 24 seconds East, a distance of 311.73 feet to a 1/2 inch
518	518	iron rod with a yellow plastic cap stamped "DAA" set for corner;
519	519	North 89 degrees 42 minutes 42 seconds East, a distance of 330.59
520	520	feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
521	521	set at the Northwest corner of a called 1.0000 acre tract of land
522	522	described in Deed to Danville Water Supply Corporation recorded in
523	523	Volume 1992, Page 738, Deed Records, Collin County, Texas;
524	524	THENCE South 00 degrees 15 minutes 01 seconds East, along the
525	525	common line of said 1.0000 acre tract and said 632.051 acre tract, a
526	526	distance of 146.88 feet to a 1/2 inch iron rod found for corner;
527	527	THENCE North 89 degrees 44 minutes 59 seconds East,
528	528	continuing along the common line of said 1.0000 acre tract and said
529	529	632.051 acre tract a distance of 299.37 feet to a 1/2 inch iron rod
530	530	with a yellow plastic cap stamped "DAA" set for corner in the West
531	531	line of Farm-To-Market Road 2478, a variable width right-of-way,
532	532	from which a 1/2 inch iron rod found bears South 89 degrees 44
533	533	minutes 59 seconds East, a distance of 0.33 feet;
534	534	THENCE Southerly, along the West line of said Farm-To-Market
535	535	Road 2478, the following eight (8) courses and distances: South 04
536	536	degrees 07 minutes 13 seconds East, a distance of 113.40 feet to a
537	537	wood right-of-way marker found for corner; South 03 degrees 46
538	538	minutes 13 seconds East, a distance of 525.05 feet to a 1/2 inch
539	539	iron rod found for corner; South 01 degrees 56 minutes 26 seconds
540	540	West, a distance of 100.50 feet to a nail found in wood right-of-way
541	541	marker for corner; South 03 degrees 46 minutes 13 seconds East, a
542	542	distance of 200.00 feet to a 1/2 inch iron rod with a yellow plastic
543	543	cap stamped "DAA" set for corner, from which a wood right-of-way
544	544	marker found bears North 78 degrees 39 minutes 45 seconds West, a
545	545	distance of 0.95 feet; South 09 degrees 28 minutes 51 seconds East,
546	546	a distance of 100.50 feet to a 1/2 inch iron rod with a yellow
547	547	plastic cap stamped "DAA" set for corner; South 03 degrees 46
548	548	minutes 13 seconds East, a distance of 415.90 feet to a wood
549	549	right-of-way marker found for corner at the beginning of a curve to
550	550	the right having a central angle of 03 degrees 41 minutes 00
551	551	seconds, a radius of 5,679.58 feet and a chord bearing and distance
552	552	of South 01 degrees 55 minutes 43 seconds East, 365.06 feet;
553	553	Southerly, along said curve to the right, an arc distance of 365.12
554	554	feet to a wood right-of-way marker found for corner; South 00
555	555	degrees 05 minutes 13 seconds East, a distance of 2,278.15 feet to a
556	556	1/2 inch iron rod with a yellow plastic cap stamped "DAA" set at the
557	557	Northeast corner of a called 1.000 acre tract of land described in
558	558	Deed to Rhea's Mill Baptist Church recorded in Volume 1745, Page
559	559	773, Deed Records, Collin County, Texas, from which a 1/2 inch
560	560	square pipe found bears South 89 degrees 48 minutes 02 seconds West,
561	561	a distance of 1.07 feet;
562	562	THENCE South 89 degrees 48 minutes 02 seconds West, a
563	563	distance of 291.81 feet to a 1/2 inch iron rod found at the
564	564	Northwest corner of said Rhea's Mill Baptist Church tract;
565	565	THENCE South 00 degrees 20 minutes 34 seconds East, a
566	566	distance of 150.52 feet to a 1/2 inch iron rod with a yellow plastic
567	567	cap stamped "DAA" set for corner in the North line of Lot 4 of
568	568	ROLLING MEADOWS ESTATES, an Addition to Collin County, Texas
569	569	according to the Plat thereof recorded in Cabinet P, Slide 486, Map
570	570	Records, Collin County, Texas;
571	571	THENCE South 89 degrees 40 minutes 07 seconds West, along the
572	572	common line of said ROLLING MEADOWS ESTATES and said 632.051 acre
573	573	tract, passing at a distance of 1,509.89 feet a 1 inch iron rod
574	574	found at the Northwest corner of said ROLLING MEADOWS ESTATES and
575	575	the Northeast corner of a called 81.104 acre tract described in Deed
576	576	to Debra F. Jarma and Don M. Jarma recorded in County Clerk's
577	577	Document Number 95-0092267, Deed Records, Collin County, Texas and
578	578	continuing along the common line of said 81.104 acre tract and said
579	579	632.051 acre tract, in all for a total distance of 2,209.89 feet to
580	580	a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for
581	581	corner;
582	582	THENCE South 00 degrees 52 minutes 41 seconds West, along the
583	583	common line of said 81.104 acre tract and said 632.051 acre tract, a
584	584	distance of 421.13 feet to a 1/2 inch iron rod with a yellow plastic
585	585	cap stamped "DAA" set for corner;
586	586	THENCE South 89 degrees 27 minutes 07 seconds West,
587	587	continuing along the common line of said 81.104 acre tract and said
588	588	632,051 acre tract, a distance of 1,159.85 feet to a 1/2 inch iron
589	589	square pipe found at the Northwest corner of said 81.104 acre tract
590	590	and the Northeast corner of a called 11.252 acre tract of land
591	591	described in Deed to Debra F. Jarma and Don M. Jarma recorded in
592	592	Volume 4973, Page 3420, Deed Records, Collin County, Texas;
593	593	THENCE South 89 degrees 24 minutes 47 seconds West, along the
594	594	common line of said 11.252 acre tract and said 632.051 acre tract, a
595	595	distance of 281.99 feet to a 1/2 inch iron rod with a yellow plastic
596	596	cap stamped "DAA" set at the Northwest corner of said 11.252 acre
597	597	tract;
598	598	THENCE Southerly, along the West line of said 11.252 acre
599	599	tract, the following six (6) courses and distances: South 00
600	600	degrees 55 minutes 08 seconds West, a distance of 420.00 feet to a
601	601	1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for
602	602	corner; South 14 degrees 29 minutes 02 seconds East, a distance of
603	603	241.26 feet to a 1/2 inch iron rod with a yellow plastic cap stamped
604	604	"DAA" set for corner; South 00 degrees 55 minutes 08 seconds West, a
605	605	distance of 320.00 feet to a 1/2 inch iron rod with a yellow plastic
606	606	cap stamped "DAA" set for corner; South 12 degrees 45 minutes 08
607	607	seconds West, a distance of 449.55 feet to a 1/2 inch iron rod with a
608	608	yellow plastic cap stamped "DAA" set for corner; South 19 degrees 10
609	609	minutes 32 seconds East, a distance of 436.57 feet to a 1/2 inch
610	610	iron rod with a yellow plastic cap stamped "DAA" set for corner;
611	611	South 33 degrees 22 minutes 42 seconds East, a distance of 288.40
612	612	feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
613	613	set for corner in the West line of said 19.93 acre tract;
614	614	THENCE South 01 degrees 56 minutes 48 seconds West, along the
615	615	West line of said 19.93 acre tract, a distance of 139.88 feet to the
616	616	POINT OF BEGINNING and containing 681.999 acres of land, more or
617	617	less.
618	618	SECTION 3. (a) The legal notice of the intention to
619	619	introduce this Act, setting forth the general substance of this
620	620	Act, has been published as provided by law, and the notice and a
621	621	copy of this Act have been furnished to all persons, agencies,
622	622	officials, or entities to which they are required to be furnished
623	623	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
624	624	Government Code.
625	625	(b) The governor, one of the required recipients, has
626	626	submitted the notice and Act to the Texas Commission on
627	627	Environmental Quality.
628	628	(c) The Texas Commission on Environmental Quality has filed
629	629	its recommendations relating to this Act with the governor,
630	630	lieutenant governor, and speaker of the house of representatives
631	631	within the required time.
632	632	(d) All requirements of the constitution and laws of this
633	633	state and the rules and procedures of the legislature with respect
634	634	to the notice, introduction, and passage of this Act have been
635	635	fulfilled and accomplished.
636	636	SECTION 4. This Act takes effect September 1, 2011.