82R10224 TJB-F
By: Paxton H.B. No. 3854
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Prosper Municipal Management
District No. 2; providing authority to impose a tax, levy an
assessment, and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3910 to read as follows:
CHAPTER 3910. PROSPER MUNICIPAL MANAGEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3910.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "County" means Collin County, Texas.
(3) "Development agreement" means an interlocal
project development agreement between the district and the town
regarding the district's development plans and rules for the
development and operation of the district and the financing of
improvement projects.
(4) "Director" means a board member.
(5) "District" means the Prosper Municipal Management
District No. 2.
(6) "Town" means the Town of Prosper, Texas.
Sec. 3910.002. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution.
Sec. 3910.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the town and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the town or county from providing the level
of services provided to the area in the district as of the effective
date of the Act enacting this chapter. The district is created to
supplement and not to supplant the town and county services
provided in the district.
Sec. 3910.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The district is created to accomplish the purposes of a
municipal management district as provided by general law and
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
(d) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(g) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3910.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act enacting
this chapter, as that territory may have been modified under
Section 3910.111 or other law.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to contract;
(3) authority to borrow money or issue bonds or other
obligations described by Section 3910.251 or to pay the principal
and interest of the bonds or other obligations;
(4) right to impose and collect taxes, assessments, or
other revenue; or
(5) legality or operation.
Sec. 3910.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created by the
town under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by the
town under Chapter 312, Tax Code;
(3) an enterprise zone created by the town under
Chapter 2303, Government Code; or
(4) an industrial district created by the town under
Chapter 42, Local Government Code.
(b) If the town creates a tax increment reinvestment zone
described by Subsection (a), the town and the board of directors of
the zone, by contract with the district, may grant money deposited
in the tax increment fund to the district to be used by the district
for:
(1) the purposes permitted for money granted to a
corporation under Section 380.002(b), Local Government Code; and
(2) any other district purpose, including the right to
pledge the money as security for any bonds issued by the district
under Section 3901.251.
(c) A tax increment reinvestment zone created by the town in
the district is not subject to the limitations provided by Section
311.006, Tax Code.
Sec. 3910.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3910.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3910.009-3910.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3910.051. GOVERNING BODY; TERMS. The district is
governed by a board of five directors who serve staggered four-year
terms, with the terms of two or three directors expiring on June 1
of each odd-numbered year.
Sec. 3910.052. APPOINTMENTS. (a) The governing body of the
town, by a majority vote, shall appoint one director.
(b) The other four directors are appointed as provided by
Section 375.064, Local Government Code.
(c) If Subsection (a) or (b) is found to be invalid, the
Texas Commission on Environmental Quality shall appoint the board
from recommendations submitted by the preceding board.
Sec. 3910.053. QUALIFICATIONS. (a) Except for a director
appointed under Section 3910.052(a), to be qualified to serve as a
director a person must meet the qualifications of Section 375.063,
Local Government Code.
(b) Section 49.052, Water Code, does not apply to the
district.
Sec. 3910.054. VACANCY. (a) The remaining directors shall
fill a vacancy on the board for the unexpired term by appointing a
person who is qualified under Section 3910.053.
(b) If there are fewer than three directors, the governing
body of the town shall appoint the necessary number of directors to
fill all board vacancies.
Sec. 3910.055. DIRECTOR'S OATH OR AFFIRMATION. A director
shall file the oath or affirmation of office with the district, and
the district shall retain the oath or affirmation in the district
records.
Sec. 3910.056. OFFICERS. The board shall elect from among
the directors a chair, a vice chair, and a secretary.
Sec. 3910.057. COMPENSATION; EXPENSES. A director serves
without compensation but is entitled to reimbursement for necessary
expenses incurred in carrying out the duties and responsibilities
of a director.
Sec. 3910.058. INITIAL DIRECTORS. (a) The governing body
of the town shall appoint one initial director not later than the
90th day after the effective date of the Act creating the district.
(b) On or after the effective date of the Act creating the
district, the owners of all real property in the district and the
lienholders of record, as shown in the deed records of the county,
that have a deed-of-trust lien on any property in the district may
submit a petition to the governing body of the town requesting that
the governing body appoint as additional initial directors the four
persons named in the petition.
(c) The four initial directors named in the petition shall
agree on, or draw lots to determine, which two directors serve a
term that expires June 1, 2013, and which two directors serve a term
that expires June 1, 2015. The director appointed by the town under
Subsection (a) serves a term that expires June 1, 2015.
(d) The district is dissolved and this chapter expires if a
petition described by Subsection (b) is not submitted to the
governing body of the town not later than the 180th day after the
effective date of the Act creating the district.
(e) Section 3910.053 does not apply to this section.
(f) This section expires September 1, 2015.
[Sections 3910.059-3910.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3910.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3910.102. IMPROVEMENT PROJECTS. The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, the improvement projects described by
Subchapter C-1 or activities in support of or incidental to those
projects.
Sec. 3910.103. WATER DISTRICT POWERS. The district has the
powers provided by the general laws relating to conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code.
Sec. 3910.104. ROAD DISTRICT POWERS. The district has the
powers provided by the general laws relating to road districts and
road utility districts created under Section 52(b), Article III,
Texas Constitution, including Chapter 441, Transportation Code.
Sec. 3910.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 372, Local Government
Code, to a municipality or county.
Sec. 3910.106. CONTRACT POWERS. The district may contract
with a governmental or private entity, on terms determined by the
board, to carry out a power or duty authorized by this chapter or to
accomplish a purpose for which the district is created.
Sec. 3910.107. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3910.108. RULES; ENFORCEMENT. (a) The district may
adopt rules:
(1) to administer or operate the district;
(2) for the use, enjoyment, availability, protection,
security, and maintenance of the district's property and
facilities; or
(3) to provide for public safety and security in the
district.
(b) The district may enforce its rules by injunctive relief.
(c) To the extent a district rule conflicts with a town
rule, order, or regulation, the town rule, order, or regulation
controls.
Sec. 3910.109. NOTICE OF NAME CHANGE. The board shall give
written notice of any name change to the town.
Sec. 3910.110. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3910.111. ADDING TERRITORY. As provided by Subchapter
J, Chapter 49, Water Code, the board may add territory to the
district, subject to Section 54.016, Water Code, except that the
addition of the territory must be approved by:
(1) the governing body of the town; and
(2) the owners of the territory being added.
Sec. 3910.112. EXCLUDING TERRITORY. The board may exclude
land from the district as provided by Section 375.044, Local
Government Code.
Sec. 3910.113. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
Sec. 3910.114. NO TOLL ROADS. The district may not
construct, acquire, maintain, or operate a toll road.
[Sections 3910.115-3910.150 reserved for expansion]
SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES
Sec. 3910.151. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using money available to the district, or contract with a
governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter or
Chapter 375, Local Government Code.
Sec. 3910.152. BOARD DETERMINATION REQUIRED. The district
may not undertake an improvement project unless the board
determines the project to be necessary to accomplish a public
purpose of the district.
Sec. 3910.153. LOCATION OF IMPROVEMENT PROJECT. An
improvement project may be inside or outside the district.
Sec. 3910.154. TOWN REQUIREMENTS. (a) An improvement
project must comply with any applicable town requirements,
including codes and ordinances.
(b) The district may not provide, conduct, or authorize any
improvement project on the town streets, highways, rights-of-way,
or easements without the consent of the governing body of the town.
Sec. 3910.155. ADDITIONAL TOWN POWERS REGARDING
IMPROVEMENT PROJECTS. (a) Unless the district and the town agree
otherwise, the town may:
(1) by ordinance, order, or resolution require that
title to all or any portion of an improvement project vest in the
town; or
(2) by ordinance, order, or resolution or other
directive authorize the district to own, encumber, maintain, and
operate an improvement project or convey the project to the town at
a later date.
(b) The district shall immediately comply with any town
ordinance, order, or resolution adopted under this section.
Sec. 3910.156. LAKE. For the purposes of this subchapter,
planning, design, construction, improvement, or maintenance of a
lake includes work done for drainage, reclamation, or recreation.
Sec. 3910.157. STORM WATER. An improvement project may
include protection and improvement of the quality of storm water
that flows through the district.
Sec. 3910.158. EDUCATION AND CULTURE. An improvement
project may include the planning and acquisition of:
(1) public art and sculpture and related exhibits and
facilities; or
(2) an educational facility and a cultural exhibit or
facility.
Sec. 3910.159. CONVENTION CENTER. An improvement project
may include the planning, design, construction, acquisition,
lease, rental, improvement, maintenance, installation, and
management of and provision of furnishings for a facility for:
(1) a conference, convention, or exhibition;
(2) a manufacturer, consumer, or trade show;
(3) a civic, community, or institutional event; or
(4) an exhibit, display, attraction, special event, or
seasonal or cultural celebration or holiday.
Sec. 3910.160. DEMOLITION. An improvement project may
include the removal, razing, demolition, or clearing of land or
improvements in connection with an improvement project.
Sec. 3910.161. MITIGATION OF ENVIRONMENTAL EFFECTS. An
improvement project may include the acquisition and improvement of
land or other property for the mitigation of the environmental
effects of an improvement project.
Sec. 3910.162. ACQUISITION OF PROPERTY. An improvement
project may include the acquisition of property or an interest in
property in connection with an improvement project.
Sec. 3910.163. SPECIAL OR SUPPLEMENTAL SERVICES. An
improvement project may include a special or supplemental service
for the improvement and promotion of the district or an area
adjacent to the district or for the protection of public health and
safety in or adjacent to the district, including:
(1) tourism;
(2) fire protection or emergency medical services;
(3) the elimination of traffic congestion; and
(4) educational improvements, enhancements, and
services.
Sec. 3910.164. MISCELLANEOUS DESIGN, CONSTRUCTION, AND
MAINTENANCE. An improvement project may include the planning,
design, construction, improvement, and maintenance of:
(1) highway right-of-way or transit corridor
beautification and improvement;
(2) a hiking and cycling path or trail;
(3) a pedestrian walkway; or
(4) a garden, sports facility, open space, or related
exhibit or preserve.
Sec. 3910.165. SIMILAR IMPROVEMENT PROJECTS. An
improvement project may include a public improvement, facility, or
service similar to a project described by this subchapter.
Sec. 3910.166. CONTRACTS. A contract to design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project is considered a contract for a good or service
under Subchapter I, Chapter 271, Local Government Code.
[Sections 3910.167-3910.200 reserved for expansion]
SUBCHAPTER C-2. CONTRACTS
Sec. 3910.201. GENERAL CONTRACT POWERS. The district may
contract with any person to accomplish any district purpose.
Sec. 3910.202. CONTRACT TERMS. (a) In this section, "note"
includes a bond anticipation note.
(b) A contract the district enters into to carry out a
purpose of this chapter may be on any terms and for any period the
board determines, including an obligation to issue a negotiable or
nonnegotiable note or warrant payable to the town, the county, or
any other person for the payment or reimbursement of any district
costs.
Sec. 3910.203. REIMBURSEMENT OF COSTS. The district may
contract with any person for the payment, repayment, or
reimbursement of costs incurred by that person on behalf of the
district, including all or part of the costs of an improvement
project and interest on the reimbursed cost.
Sec. 3910.204. CONTRACT FOR IMPROVEMENT PROJECT. (a) The
district may contract with any person for the use, occupancy,
lease, rental, operation, maintenance, or management of all or part
of a proposed or existing improvement project.
(b) The district may apply for and contract with any person
to receive, administer, and perform a duty or obligation of the
district under a federal, state, local, or private gift, grant,
loan, conveyance, transfer, bequest, or other financial assistance
arrangement relating to the investigation, planning, analysis,
study, design, acquisition, construction, improvement, completion,
implementation, or operation by the district or others of a
proposed or existing improvement project.
Sec. 3910.205. NO FURTHER CONTRACT AUTHORIZATION REQUIRED.
Except as provided by Section 3910.206, any person may contract
with the district to carry out the purposes of this chapter without
further statutory or other authorization.
Sec. 3910.206. TOWN APPROVAL OF PROPERTY TAX CONTRACT. The
district may not enter into a contract payable from property taxes
for a period longer than one year unless the governing body of the
town approves the contract.
[Sections 3910.207-3910.250 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3910.251. BORROWING MONEY; OBLIGATIONS. (a) The
district may borrow money for a district purpose by issuing bonds,
notes, time warrants, or other obligations, or by entering into a
contract or other agreement payable wholly or partly from an
assessment, an ad valorem tax, an impact fee, a contract payment, a
grant, sales and use tax revenue from a zone created under Chapter
311 or 312, Tax Code, or under Chapter 2303, Government Code, other
district revenue, or a combination of these sources.
(b) An obligation described by Subsection (a):
(1) may bear interest at a rate determined by the
board; and
(2) may include a term or condition as determined by
the board.
Sec. 3910.252. ASSESSMENTS. The district may impose an
assessment on property in the district to pay for an obligation
described by Section 3910.251 in the manner provided for:
(1) a district under Chapter 375, Local Government
Code; or
(2) a municipality or county under Chapter 372, Local
Government Code.
[Sections 3910.253-3910.300 reserved for expansion]
SUBCHAPTER E. TAXES AND BONDS
Sec. 3910.301. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenue or contract payments from any source
other than ad valorem taxes.
(b) The district must obtain the approval of the governing
body of the town and hold an election in the manner provided by
Chapters 49 and 54, Water Code, to obtain voter approval before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 3910.302. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held under Section 3910.301, the district may impose an
operation and maintenance tax on taxable property in the district
in accordance with Section 49.107, Water Code, for any district
purpose, including to:
(1) operate and maintain the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 3910.303. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 3910.304. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued:
(1) the board shall impose a continuing direct annual
ad valorem tax, without limit as to rate or amount, for each year
that all or part of the bonds are outstanding; and
(2) the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due;
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date; and
(C) pay the expenses of imposing the taxes.
Sec. 3910.305. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects may not exceed
one-fourth of the assessed value of the real property in the
district.
Sec. 3910.306. BOND MATURITY. Bonds may mature not more
than 40 years from their date of issue.
Sec. 3910.307. DEVELOPMENT AGREEMENT; CONSENT OF TOWN. An
obligation must be authorized by a development agreement or
otherwise approved by the governing body of the town.
Sec. 3910.308. TOWN NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. The town is not required to pay a bond, note, or other
obligation of the district.
Sec. 3910.309. CERTAIN OBLIGATIONS NOT SUBJECT TO
JURISDICTION OR SUPERVISION OF TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY. An obligation described by Section 3910.301 and secured
by special assessments is not subject to the jurisdiction or
supervision of the Texas Commission on Environmental Quality under
Chapter 49 or 54, Water Code, Section 375.208, Local Government
Code, or any other law.
[Sections 3910.310-3910.350 reserved for expansion]
SUBCHAPTER F. DISSOLUTION
Sec. 3910.351. DISSOLUTION BY TOWN ORDINANCE. (a) The town
by ordinance may dissolve the district.
(b) The town may not dissolve the district until the
district's outstanding debt or contractual obligations that are
payable from ad valorem taxes have been repaid or discharged.
(c) The town may not dissolve the district until a
development agreement has been executed and the district's
performance under the agreement has been fulfilled, including any
right or obligation the district has to reimburse a developer or
owner for the costs of improvement projects.
Sec. 3910.352. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
(a) If the dissolved district has bonds or other obligations
outstanding secured by and payable from assessments or other
revenue, other than ad valorem taxes, the town shall succeed to the
rights and obligations of the district regarding enforcement and
collection of the assessments or other revenue.
(b) The town shall have and exercise all district powers to
enforce and collect the assessments or other revenue to pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) special revenue or assessment bonds or other
obligations issued by the town to refund the outstanding bonds or
obligations.
Sec. 3910.353. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
After the town dissolves the district, the town assumes the
obligations of the district, including any bonds or other
indebtedness payable from assessments or other district revenue.
(b) If the town dissolves the district, the board shall
transfer ownership of all district property to the town.
SECTION 2. The Prosper Municipal Management District No. 2
initially includes all the territory contained in the following
area:
BEING a parcel of land located in the City of Prosper, Collin
County, Texas, and being a part of the Collin County School Land
Survey, Abstract No. 147, and being a part of a called 188.635 acre
tract of land described in a Trustee's Deed and Bill of Sale to
M.A.H.G. Partnership as recorded in Document No. 20100601000545080
of the Official Public Records of Collin County, Texas, and being
further described as follows:
COMMENCING at a one-half inch iron rod found at the southeast corner
of said 188.635 acre tract of land, said point being the
intersection of the north right-of-way line of State Highway No.
380 (a variable width right-of-way) with the west right-of-way line
of the Dallas North Tollway (a variable width right-of-way);
THENCE along the west right-of-way line of the Dallas North Tollway
as follows:North 00 degrees 25 minutes 34 seconds West, 523.30 feet
to a one-half inch iron rod found for corner;
Northeasterly, 250.65 feet along a curve to theright
which has a central angle of 02 degrees 30 minutes 00 seconds, a
radius of 5,744.58 feet, a tangent of 125.34 feet, and whose chord
bears North 00 degrees 49 minutes 26 seconds East, 250.63 feet to a
one-half inch iron rod found for corner;
North 02 degrees 04 minutes 26 seconds East, 587.13 feet
to a one-half inch iron rod found for corner;
Northeasterly, 233.77 feet along a curve to the right
which has a central angle of 01 degrees 09 minutes 03 seconds, a
radius of 11,639.16 feet, a tangent of 116.89 feet, and whose chord
bears North 02 degrees 38 minutes 57 seconds East, 233.77 feet to
the POINT OF BEGINNING of this tract of land;
THENCE South 89 degrees 43 minutes 30 seconds West, 2,369.30 feet to
a one-iron pipe found for corner in the west line of said 188.635
acre tract of land;
THENCE along the west line of said 188.635 acre tract of land as
follows:
North 00 degrees 24 minutes 51 seconds East, 974.29 feet
to a one-half inch iron rod found for corner;
North 89 degrees 28 minutes 46 seconds West, 38.28 feet
to a one-half inch iron rod found for corner;
North 00 degrees 00 minutes 43 seconds West, 650.33 feet
to a point for corner;
THENCE North 89 degrees 22 minutes 23 seconds East, 1,352.75 feet to
a point for corner;
THENCE South 00 degrees 34 minutes 52 seconds East, 6.73 feet to a
one-half inch iron rod found for corner;
THENCE South 00 degrees 31 minutes 42 seconds East, 651.92 feet to a
one-half inch iron rod found for corner;
THENCE North 89 degrees 39 minutes 24 seconds East, 1,117.44 feet to
a one-half inch iron rod found for corner in the west right-of-way
line of the Dallas North Tollway;
THENCE along the west right-of-way line of the North Dallas Tollway
as follows:
South 04 degrees 37 minutes 34 seconds West, 705.31 feet
to a point for corner;
Southwesterly, 274.07 feet along a curve to the left
which has a central angle of 01 degrees 20 minutes 57 seconds, a
radius of 11,639.16 feet, a tangent of 137.04 feet and whose chord
bears South 03 degrees 54 minutes 00 seconds West, 274.07 feet to
the POINT OF BEGINNING and containing 3,229,435 square feet or
74.138 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,
lieutenant governor, and 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 have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.