Texas 2017 - 85th Regular

Texas House Bill HB4294 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Holland (Senate Sponsor - Estes) H.B. No. 4294
2		-	(In the Senate - Received from the House May 19, 2017;
3		-	May 19, 2017, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 22, 2017, reported adversely,
5		-	with favorable Committee Substitute by the following vote: Yeas 6,
6		-	Nays 0, 1 present not voting; May 22, 2017, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 4294 By: Garcia
	1	+	85R26935 JCG-F
	2	+	By: Holland H.B. No. 4294
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the creation of the North Celina Municipal Management
14		-	District No. 3; providing authority to impose taxes, levy
15		-	assessments, and issue bonds.
	8	+	District No. 3; providing a limited authority of eminent domain;
	9	+	providing authority to impose taxes, levy assessments, and issue
	10	+	bonds.
16	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	12		SECTION 1. Subtitle C, Title 4, Special District Local Laws
18	13		Code, is amended by adding Chapter 3959 to read as follows:
19	14		CHAPTER 3959. NORTH CELINA MUNICIPAL MANAGEMENT DISTRICT NO. 3
20	15		SUBCHAPTER A. GENERAL PROVISIONS
21	16		Sec. 3959.001. DEFINITIONS. In this chapter:
22	17		(1) "Board" means the district's board of directors.
23	18		(2) "City" means the City of Celina, Texas.
24	19		(3) "Commission" means the Texas Commission on
25	20		Environmental Quality.
26	21		(4) "Director" means a board member.
27	22		(5) "District" means the North Celina Municipal
28	23		Management District No. 3.
29	24		Sec. 3959.002. CREATION AND NATURE OF DISTRICT. The
30	25		district is a special district created under Sections 52 and 52-a,
31	26		Article III, and Section 59, Article XVI, Texas Constitution.
32	27		Sec. 3959.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
33	28		creation of the district is essential to accomplish the purposes of
34	29		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
35	30		Texas Constitution, and other public purposes stated in this
36	31		chapter. By creating the district and in authorizing the city and
37	32		other political subdivisions to contract with the district, the
38	33		legislature has established a program to accomplish the public
39	34		purposes set out in Section 52-a, Article III, Texas Constitution.
40	35		(b) The creation of the district is necessary to promote,
41	36		develop, encourage, and maintain employment, commerce,
42	37		transportation, housing, tourism, recreation, the arts,
43	38		entertainment, economic development, safety, and the public
44	39		welfare in the district.
45	40		(c) The district is created to supplement and not to
46	41		supplant city services provided in the district.
47	42		Sec. 3959.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
48	43		The district is created to serve a public use and benefit.
49	44		(b) All land and other property included in the district
50	45		will benefit from the improvements and services to be provided by
51	46		the district under powers conferred by Sections 52 and 52-a,
52	47		Article III, and Section 59, Article XVI, Texas Constitution, and
53	48		other powers granted under this chapter.
54	49		(c) The creation of the district is in the public interest
55	50		and is essential to further the public purposes of:
56	51		(1) developing and diversifying the economy of the
57	52		state;
58	53		(2) eliminating unemployment and underemployment;
59	54		(3) developing or expanding transportation and
60	55		commerce; and
61	56		(4) providing quality residential housing.
62	57		(d) The district will:
63	58		(1) promote the health, safety, and general welfare of
64	59		residents, employers, potential employees, employees, visitors,
65	60		and consumers in the district, and of the public;
66	61		(2) provide needed funding for the district to
67	62		preserve, maintain, and enhance the economic health and vitality of
68	63		the district territory as a residential community and business
69	64		center; and
70	65		(3) promote the health, safety, welfare, and enjoyment
71	66		of the public by providing pedestrian ways and by landscaping and
72	67		developing certain areas in the district, which are necessary for
73	68		the restoration, preservation, and enhancement of scenic beauty.
74	69		(e) Pedestrian ways along or across a street, whether at
75	70		grade or above or below the surface, and street lighting, street
76	71		landscaping, vehicle parking, and street art objects are parts of
77	72		and necessary components of a street and are considered to be an
78	73		improvement project that includes a street or road improvement.
79	74		(f) The district will not act as the agent or
80	75		instrumentality of any private interest even though the district
81	76		will benefit many private interests as well as the public.
82	77		Sec. 3959.005. INITIAL DISTRICT TERRITORY. (a) The
83	78		district is initially composed of the territory described by
84	79		Section 2 of the Act enacting this chapter.
85	80		(b) The boundaries and field notes contained in Section 2 of
86	81		the Act enacting this chapter form a closure. A mistake in the
87	82		field notes or in copying the field notes in the legislative process
88	83		does not affect the district's:
89	84		(1) organization, existence, or validity;
90	85		(2) right to issue any type of bond for the purposes
91	86		for which the district is created or to pay the principal of and
92	87		interest on a bond;
93	88		(3) right to impose or collect an assessment or tax; or
94	89		(4) legality or operation.
95	90		Sec. 3959.006. APPLICABILITY OF MUNICIPAL MANAGEMENT
96	91		DISTRICT LAW. Except as provided by this chapter, Chapter 375,
97	92		Local Government Code, applies to the district.
98	93		Sec. 3959.007. CONFIRMATION AND DIRECTORS' ELECTION
99	94		REQUIRED. The initial directors shall hold an election to confirm
100	95		the creation of the district and to elect five permanent directors
101	96		as provided by Section 49.102, Water Code.
102	97		Sec. 3959.008. CONSENT OF MUNICIPALITY REQUIRED. The
103	98		initial directors may not hold an election under Section 3959.007
104	99		until each municipality in whose corporate limits or
105	100		extraterritorial jurisdiction the district is located has
106	101		consented by ordinance or resolution to the creation of the
107	102		district and to the inclusion of land in the district.
108	103		Sec. 3959.009. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
109	104		(a) All or any part of the area of the district is eligible to be
110	105		included in:
111	106		(1) a tax increment reinvestment zone created under
112	107		Chapter 311, Tax Code;
113	108		(2) a tax abatement reinvestment zone created under
114	109		Chapter 312, Tax Code; or
115	110		(3) an enterprise zone created under Chapter 2303,
116	111		Government Code.
117	112		(b) If the city creates a tax increment reinvestment zone
118	113		described by Subsection (a), the city and the board of directors of
119	114		the zone, by contract with the district, may grant money deposited
120	115		in the tax increment fund to the district to be used by the district
121	116		for:
122	117		(1) the purposes permitted for money granted to a
123	118		corporation under Section 380.002(b), Local Government Code; and
124	119		(2) any other district purpose, including the right to
125	120		pledge the money as security for any bonds or other obligations
126	121		issued by the district under Section 3959.201.
127	122		(c) If the city creates a tax increment reinvestment zone
128	123		described by Subsection (a), the city may determine the percentage
129	124		of the property in the zone that may be used for residential
130	125		purposes and is not subject to the limitations provided by Section
131	126		311.006, Tax Code.
132	127		Sec. 3959.010. EFFECT OF ANNEXATION. Notwithstanding any
133	128		other law, if all of the territory of the district is annexed by the
134	129		city into the city's corporate limits, the district:
135	130		(1) retains all of the district's outstanding debt and
136	131		obligations;
137	132		(2) is not dissolved; and
138	133		(3) continues to operate under this chapter until the
139	134		district is dissolved under Subchapter F.
140	135		Sec. 3959.011. CONSTRUCTION OF CHAPTER. This chapter shall
141	136		be construed liberally in conformity with the findings and purposes
142	137		stated in this chapter.
143	138		SUBCHAPTER B. BOARD OF DIRECTORS
144	139		Sec. 3959.051. GOVERNING BODY; TERMS. (a) The district is
145	140		governed by a board of five elected directors.
146	141		(b) Except as provided by Section 3959.054, directors serve
147	142		staggered four-year terms, with two or three directors' terms
148	143		expiring June 1 of each odd-numbered year.
149	144		Sec. 3959.052. BOARD MEETINGS. The board shall hold
150	145		meetings at a place accessible to the public and located in the
151	146		city.
152	147		Sec. 3959.053. REMOVAL OF DIRECTORS. (a) The board may
153	148		remove a director by unanimous vote of the other directors if the
154	149		director has missed at least half of the meetings scheduled during
155	150		the preceding 12 months.
156	151		(b) A director removed under this section may file a written
157	152		appeal with the commission not later than the 30th day after the
158	153		date the director receives written notice of the board action. The
159	154		commission may reinstate the director if the commission finds that
160	155		the removal was unwarranted under the circumstances after
161	156		considering the reasons for the absences, the time and place of the
162	157		meetings, the business conducted at the meetings missed, and any
163	158		other relevant circumstances.
164	159		Sec. 3959.054. INITIAL DIRECTORS. (a) The initial board
165	160		consists of:
166	161		Pos. No. Name of Director
167	162		1 John Peavy
168	163		2 Charles Taylor
169	164		3 Steve Cook
170	165		4 Paul Schlosberg
171	166		5 Russell Miller
172	167		(b) Initial directors serve until the earlier of:
173	168		(1) the date permanent directors are elected under
174	169		Section 3959.007; or
175	170		(2) the fourth anniversary of the effective date of
176	171		the Act enacting this chapter.
177	172		(c) If permanent directors have not been elected under
178	173		Section 3959.007 and the terms of the initial directors have
179	174		expired, successor initial directors shall be appointed or
180	175		reappointed as provided by Subsection (d) to serve terms that
181	176		expire on the earlier of:
182	177		(1) the date permanent directors are elected under
183	178		Section 3959.007; or
184	179		(2) the fourth anniversary of the date of the
185	180		appointment or reappointment.
186	181		(d) If Subsection (c) applies, the owner or owners of a
187	182		majority of the assessed value of the real property in the district
188	183		according to the most recent certified tax appraisal rolls for the
189	184		county may submit a petition to the commission requesting that the
190	185		commission appoint as successor initial directors the five persons
191	186		named in the petition. The commission shall appoint as successor
192	187		initial directors the five persons named in the petition.
193	188		SUBCHAPTER C. POWERS AND DUTIES
194	189		Sec. 3959.101. GENERAL POWERS AND DUTIES. The district has
195	190		the powers and duties necessary to accomplish the purposes for
196	191		which the district is created.
197	192		Sec. 3959.102. PUBLIC IMPROVEMENT DISTRICT POWERS. The
198	193		district has the powers provided by Chapter 372, Local Government
199	194		Code, to a municipality or county.
200	195		Sec. 3959.103. IMPROVEMENT PROJECTS AND SERVICES. (a)
201	196		Subject to Subsection (c), the district may provide, design,
202	197		construct, acquire, improve, relocate, operate, maintain, or
203	198		finance an improvement project or service using money available to
204	199		the district, or contract with a governmental or private entity to
205	200		provide, design, construct, acquire, improve, relocate, operate,
206	201		maintain, or finance an improvement project or service authorized
207	202		under this chapter or Chapter 375, Local Government Code.
208	203		(b) The district may undertake an improvement project or
209	204		service that confers a special benefit on a definable area in the
210	205		district and levy and collect a special assessment on benefited
211	206		property in the district in accordance with:
212	207		(1) Chapter 372, Local Government Code; or
213	208		(2) Chapter 375, Local Government Code.
214	209		(c) The district may not construct or finance an improvement
215	210		project, other than a water, sewer, or drainage facility or road,
216	211		without obtaining the written consent of the city's governing body.
217	212		Sec. 3959.104. LOCATION OF IMPROVEMENT PROJECT. A district
218	213		improvement project may be located inside or outside of the
219	214		district.
220	215		Sec. 3959.105. OWNERSHIP OF IMPROVEMENT PROJECTS. (a)
221	216		Before a district improvement project may be put into operation,
222	217		the district must transfer ownership of the project to the city.
223	218		(b) The transfer of ownership is complete on the city's
224	219		acceptance of ownership.
225	220		Sec. 3959.106. RETAIL WATER AND SEWER SERVICES PROHIBITED.
226	221		The district may not provide retail water or sewer services.
227	222		Sec. 3959.107. ADDING OR REMOVING TERRITORY. (a) Subject
228	223		to Subsections (b) and (c), the board may add or remove territory as
229	224		provided by Subchapter J, Chapter 49, Water Code.
230	225		(b) The district may add territory as described by
231	226		Subsection (a) only if the district obtains written consent from
232	227		the governing body of the city.
233	228		(c) The district and any district created under Section
234	229		3959.108 may not add a total area of more than 100 acres.
235	230		Sec. 3959.108. DIVISION OF DISTRICT. (a) The district may
236	231		be divided into two or more new districts only if the district:
237	232		(1) has no outstanding bonded debt; and
238	233		(2) is not imposing ad valorem taxes.
239	234		(b) This chapter applies to any new district created by the
240	235		division of the district, and a new district has all the powers and
241	236		duties of the district.
242	237		(c) Any new district created by the division of the district
243	238		may not, at the time the new district is created, contain any land
244	239		outside the area described by Section 2 of the Act enacting this
245	240		chapter.
246	241		(d) The board, on its own motion or on receipt of a petition
247	242		signed by the owner or owners of a majority of the assessed value of
248	243		the real property in the district, may adopt an order dividing the
249	244		district.
250	245		(e) The board may adopt an order dividing the district
251	246		before or after the date the board holds an election under Section
252	247		3959.007 to confirm the creation of the district.
253	248		(f) An order dividing the district must:
254	249		(1) name each new district;
255	250		(2) include the metes and bounds description of the
256	251		territory of each new district;
257	252		(3) appoint initial directors for each new district;
258	253		and
259	254		(4) provide for the division of assets and liabilities
260	255		between or among the new districts.
261	256		(g) On or before the 30th day after the date of adoption of
262	257		an order dividing the district, the district shall file the order
263	258		with the commission and record the order in the real property
264	259		records of each county in which the district is located.
265	260		(h) Any new district created by the division of the district
266	261		shall hold a confirmation and directors' election as required by
267	262		Section 3959.007.
268	263		(i) Municipal consent to the creation of the district and to
269	264		the inclusion of land in the district granted under Section
270	265		3959.008 acts as municipal consent to the creation of any new
271	266		district created by the division of the district and to the
272	267		inclusion of land in the new district.
273	268		(j) Any new district created by the division of the district
274	269		must hold an election as required by this chapter to obtain voter
275	270		approval before the district may impose a maintenance tax or issue
276	271		bonds payable wholly or partly from ad valorem taxes.
277	272		(k) If the creation of the new district is confirmed, the
278	273		new district shall provide the election date and results to the
279	274		commission.
280		-	Sec. 3959.109. NO EMINENT DOMAIN POWER. The district may
281		-	not exercise the power of eminent domain.
	275	+	Sec. 3959.109. LIMITED EMINENT DOMAIN POWER. The district
	276	+	may not exercise the power of eminent domain unless the district
	277	+	obtains written consent from the governing body of the city.
282	278		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
283	279		Sec. 3959.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
284	280		board by resolution shall establish the number of directors'
285	281		signatures and the procedure required for a disbursement or
286	282		transfer of the district's money.
287	283		Sec. 3959.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
288	284		The district may acquire, construct, operate, maintain, or finance
289	285		an improvement project or service authorized by this chapter or
290	286		Chapter 375, Local Government Code, using any money available to
291	287		the district.
292	288		Sec. 3959.153. METHOD OF NOTICE FOR HEARING. The district
293	289		may mail the notice required by Section 375.115(c), Local
294	290		Government Code, by certified or first class United States mail.
295	291		The board shall determine the method of notice.
296	292		Sec. 3959.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
297	293		The board by order may impose and collect an assessment for any
298	294		purpose authorized by this chapter in all or any part of the
299	295		district in the manner provided for:
300	296		(1) a district under Subchapters A, E, and F, Chapter
301	297		375, Local Government Code; or
302	298		(2) a municipality or county under Subchapter A,
303	299		Chapter 372, Local Government Code.
304	300		(b) An assessment, a reassessment, or an assessment
305	301		resulting from an addition to or correction of the assessment roll
306	302		by the district, penalties and interest on an assessment or
307	303		reassessment, an expense of collection, and reasonable attorney's
308	304		fees incurred by the district are:
309	305		(1) a first and prior lien against the property
310	306		assessed;
311	307		(2) superior to any other lien or claim other than a
312	308		lien or claim for county, school district, or municipal ad valorem
313	309		taxes; and
314	310		(3) the personal liability of and a charge against the
315	311		owners of the property even if the owners are not named in the
316	312		assessment proceedings.
317	313		(c) The lien is effective from the date of the board's
318	314		resolution imposing the assessment until the date the assessment is
319	315		paid. The board may enforce the lien in the same manner that the
320	316		board may enforce an ad valorem tax lien against real property.
321	317		(d) The board may make a correction to or deletion from the
322	318		assessment roll that does not increase the amount of assessment of
323	319		any parcel of land without providing notice and holding a hearing in
324	320		the manner required for additional assessments.
325	321		(e) The district may not impose an assessment on a
326	322		municipality, county, or other political subdivision.
327	323		Sec. 3959.155. NOTICE OF ASSESSMENTS. Annually, the board
328	324		shall file with the secretary of the city written notice that
329	325		specifies the assessments the district will impose in the
330	326		district's next fiscal year in sufficient clarity to describe the
331	327		assessments for the operation and maintenance of the district and
332	328		the assessments for the payment of debt service of obligations
333	329		issued or incurred by the district.
334	330		SUBCHAPTER E. TAXES AND BONDS
335	331		Sec. 3959.201. BONDS AND OTHER OBLIGATIONS. (a) The
336	332		district may issue, by public or private sale, bonds, notes, or
337	333		other obligations payable wholly or partly from ad valorem taxes or
338	334		assessments in the manner provided by:
339	335		(1) Subchapter J, Chapter 375, Local Government Code;
340	336		or
341	337		(2) Subchapter A, Chapter 372, Local Government Code,
342	338		if the improvements financed by an obligation issued under this
343	339		section will be conveyed to or operated and maintained by a
344	340		municipality or other retail utility provider pursuant to an
345	341		agreement with the district entered into before the issuance of the
346	342		obligation.
347	343		(b) In exercising the district's borrowing power, the
348	344		district may issue a bond or other obligation in the form of a bond,
349	345		note, certificate of participation or other instrument evidencing a
350	346		proportionate interest in payments to be made by the district, or
351	347		other type of obligation.
352	348		(c) In addition to the sources of money described by
353	349		Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
354	350		Government Code, district bonds may be secured and made payable
355	351		wholly or partly by a pledge of any part of the money the district
356	352		receives from improvement revenue or from any other source.
357	353		(d) Not later than the 30th day before the date the district
358	354		holds a bond sale, the district shall provide the governing body of
359	355		the city written notice of the sale.
360	356		(e) The district may issue bonds, notes, or other
361	357		obligations to maintain or repair an existing improvement project
362	358		only if the district obtains written consent from the governing
363	359		body of the city.
364	360		SUBCHAPTER F. DISSOLUTION
365	361		Sec. 3959.251. DISSOLUTION BY CITY ORDINANCE. (a) The
366	362		governing body of the city may dissolve the district by ordinance.
367	363		(b) The governing body may not dissolve the district until:
368	364		(1) water, sanitary, sewer, and drainage improvements
369	365		and roads have been constructed to serve at least 80 percent of the
370	366		net developable territory of the district; and
371	367		(2) the district has reimbursed a developer in the
372	368		district for all costs advanced to or on behalf of the district.
373	369		(c) Until the district is dissolved, the district is
374	370		responsible for all bonds and other obligations of the district.
375	371		Sec. 3959.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
376	372		(a) If the dissolved district has bonds or other obligations
377	373		outstanding secured by and payable from assessments or other
378	374		revenue, other than revenue from ad valorem taxes:
379	375		(1) the assessments remain in effect; and
380	376		(2) the city shall succeed to the rights and
381	377		obligations of the district regarding enforcement and collection of
382	378		the assessments or other revenue.
383	379		(b) The city shall have and exercise all district powers to
384	380		enforce and collect the assessments or other revenue to pay:
385	381		(1) the bonds or other obligations when due and
386	382		payable according to their terms; or
387	383		(2) special revenue or assessment bonds or other
388	384		obligations issued by the city to refund the outstanding bonds or
389	385		obligations.
390	386		Sec. 3959.253. ASSUMPTION OF ASSETS AND LIABILITIES. After
391	387		the city dissolves the district, the city assumes, subject to the
392	388		appropriation and availability of funds, the obligations of the
393	389		district, including any bonds or other debt payable from taxes,
394	390		assessments, or other district revenue and any assets of the
395	391		district.
396		-	SUBCHAPTER Z. SPECIAL BOND PROVISIONS
397		-	Sec. 3959.901. APPLICABILITY. This subchapter applies to
398		-	bonds payable wholly or partly from revenue derived from
399		-	assessments on real property in the district.
400		-	Sec. 3959.902. CONFLICT OF LAWS. In the event of a conflict
401		-	between this subchapter and any other law, this subchapter
402		-	prevails.
403		-	Sec. 3959.903. WRITTEN AGREEMENT REGARDING SPECIAL
404		-	APPRAISALS. Before an election may be held on the question of
405		-	issuing bonds, including an election that combines the question of
406		-	confirming the creation of the district with the question of
407		-	authorizing the district to issue bonds, the district and any
408		-	person to whom the governing body of the district intends that
409		-	proceeds of the bonds be distributed, including the developer,
410		-	another owner of land in the district, and any entity acting as a
411		-	lender to the developer or other landowner for the purpose of a
412		-	project relating to the district, must enter into a written
413		-	agreement that:
414		-	(1) waives for the term of the agreement the right to a
415		-	special appraisal with respect to taxation by the district under
416		-	Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and
417		-	(2) remains in effect for 30 years and is binding on
418		-	the parties, on entities related to or affiliated with the parties,
419		-	and on their successors and assignees.
420		-	Sec. 3959.904. REQUIREMENTS FOR ADVERTISING BOND ISSUE. A
421		-	district may not advertise for an issuance of bonds until the
422		-	completion of at least 25 percent of the projected value of the
423		-	improvements, including houses and other buildings, that are liable
424		-	for district assessments and necessary to support the district
425		-	bonds.
426		-	Sec. 3959.905. REQUIREMENTS FOR BOND ISSUE. The district
427		-	may not issue bonds until:
428		-	(1) the issuance of the bonds is approved by a majority
429		-	of the district voters voting at an election called for that
430		-	purpose;
431		-	(2) the district submits to the commission:
432		-	(A) an engineer's report describing the project
433		-	for which the bonds will provide funding, including data, profiles,
434		-	maps, plans, and specifications related to the project; and
435		-	(B) a cash flow analysis to determine the
436		-	projected rate of assessment, which includes the following
437		-	assumptions:
438		-	(i) each ending balance for debt service in
439		-	the analysis is not less than 25 percent of the following year's
440		-	debt service requirement;
441		-	(ii) interest income is only shown on the
442		-	ending balance for debt service for the first two years; and
443		-	(iii) the projected rate of assessment is
444		-	level or decreasing for the life of the bonds issued by the
445		-	district;
446		-	(3) the completion of at least 75 percent of the
447		-	projected value of the improvements, including houses and other
448		-	buildings, that are liable for district assessments and necessary
449		-	to support the district bonds; and
450		-	(4) the district has obtained an independent market
451		-	study from a firm recognized in the area of real estate market
452		-	analysis supporting the development projects for the real property
453		-	that is liable for district assessments and necessary to support
454		-	the district bonds.
455		-	Sec. 3959.906. REQUIREMENTS FOR COLLECTION OF REVENUE TO
456		-	PAY BONDS. The district may not collect an assessment to be used
457		-	for the payment of bonds until:
458		-	(1) the completion of at least 95 percent of the
459		-	underground water, wastewater, and drainage facilities financed
460		-	from bond proceeds that are necessary to serve the projected
461		-	build-out, as certified by the district's engineer;
462		-	(2) the district or other appropriate party has
463		-	secured the groundwater, surface water, and water discharge permits
464		-	that are necessary to secure capacity to support the projected
465		-	build-out;
466		-	(3) the completion of at least 95 percent of lift
467		-	station, water plant, and sewage treatment plant capacity
468		-	sufficient to serve the connections constructed in the project for
469		-	a period of not less than 18 months, as certified by the district's
470		-	engineer; and
471		-	(4) the completion of at least 95 percent of the
472		-	streets and roads that are necessary to provide access to the areas
473		-	served by utilities and financed by the proceeds of bonds issued by
474		-	the district, as certified by the district's engineer and
475		-	constructed in accordance with municipal or county standards.
476	392		SECTION 2. The North Celina Municipal Management District
477	393		No. 3 initially includes all the territory contained in the
478	394		following area:
479	395		TRACT 1: 2178 ACRES MORE OR LESS
480	396		LEGAL DESCRIPTION CONSISTING OF 2178.085 ACRES MORE OR LESS BY
481	397		COMPILING DEEDS DESCRIBED AS TRACT II IN THE DEED TO DYNAVEST JOINT
482	398		VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE DEED RECORDS OF
483	399		COLLIN COUNTY, TEXAS, A 218.360 ACRE TRACT OF LAND DESCRIBED AS
484	400		TRACT NO. 1, A CALLED 161.910 ACRE TRACT OF LAND DESCRIBED AS TRACT
485	401		NO. 2 IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME
486	402		2288, PAGE 125 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS AND A
487	403		1215.843 ACRE TRACT DESCRIBED IN THE DEED TO DYNAVEST JOINT VENTURE
488	404		AS RECORDED IN VOLUME 2288, PAGE 110, OF THE DEED RECORDS OF COLLIN
489	405		COUNTY, TEXAS.
490	406		BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J. W.
491	407		HAYNES SURVEY, ABSTRACT # 453, J, CUMBA SURVEY, ABSTRACT # 242, THE
492	408		J DAVIS SURVEY, ABSTRACT # 254, THE B.B.B. & C.R.R. SURVEY, ABSTRACT
493	409		# 131, THE H. COCHRAN SURVEY, ABSTRACT # 192, THE T & P. RR CO.
494	410		SURVEY, ABSTRACT # 1054, THE J.F. SMILEY SURVEY, ABSTRACT 869, THE
495	411		J. WORRALL SURVEY, ABSTRACT # 1036, THE J. QUEEN SURVEY, ABSTRACT #
496	412		733, THE J. H. BIGGS SURVEY, ABSTRACT # 51, THE E. ALEXANDER SURVEY,
497	413		ABSTRACT # 19, THE SA & MG RR CO SURVEY, ABSTRACT # 876 AND THE P.
498	414		NEWSON, SURVEY, ABSTRACT # 665 AND BEING ALL OF A CALLED 579.400
499	415		ACRE TRACT OF LAND DESCRIBED AS TRACT II IN THE DEED TO DYNAVEST
500	416		JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE DEED
501	417		RECORDS OF COLLIN COUNTY, TEXAS, ALL OF A CALLED 218.360 ACRE TRACT
502	418		OF LAND DESCRIBED AS TRACT NO. 1 AND ALL OF A CALLED 161.910 ACRE
503	419		TRACT OF LAND DESCRIBED AS TRACT NO. 2 IN THE DEED TO DYNAVEST JOINT
504	420		VENTURE AS RECORDED IN VOLUME 2288, PAGE 125 OF THE DEED RECORDS OF
505	421		COLLIN COUNTY, TEXAS AND ALL OF A CALLED 1215.843 ACRE TRACT
506	422		DESCRIBED IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN
507	423		VOLUME 2288, PAGE 110, OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
508	424		AND BEING MORE PARTICULAR DESCRIBED AS FOLLOWS:
509	425		BEGINNING AT A THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED
510	426		HEREIN AT THE SOUTHWEST CORNER OF SAID 579.400 ACRE TRACT IN THE
511	427		NORTH RIGHT-OF-WAY LINE OF F. M. # 455;
512	428		THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST A DISTANCE OF
513	429		6447.04 FEET TO A POINT FOR CORNER AT THE NORTHWEST CORNER OF SAID
514	430		579.400 ACRE TRACT;
515	431		THENCE SOUTH 89 DEGREES 27 MINUTES 28 SECONDS EAST A DISTANCE OF
516	432		2678.28 FEET TO A POINT FOR CORNER;
517	433		THENCE NORTH 00 DEGREES 23 MINUTES 38 SECONDS EAST A DISTANCE OF
518	434		1013.53 FEET TO A POINT FOR CORNER AT THE MOST NORTHERLY NORTHWEST
519	435		CORNER OF SAID 579.400 ACRE TRACT;
520	436		THENCE NORTH 89 DEGREES 27 MINUTES 02 SECONDS EAST A DISTANCE OF
521	437		2192.86 FEET TO A POINT FOR CORNER IN ELM CREEK;
522	438		THENCE NORTH 41 DEGREES 45 MINUTES 00 SECONDS EAST ALONG THE CENTER
523	439		OF ELM CREEK A DISTANCE OF 693.00 FEET TO A POINT FOR CORNER;
524	440		THENCE NORTH 48 DEGREES 30 MINUTES 00 SECONDS EAST ALONG THE CENTER
525	441		OF ELM CREEK A DISTANCE OF 417.00 FEET TO A POINT FOR CORNER;
526	442		THENCE NORTH 10 DEGREES 40 MINUTES 00 SECONDS EAST ALONG THE CENTER
527	443		OF ELM CREEK A DISTANCE OF 274.20 FEET TO A POINT FOR CORNER;
528	444		THENCE NORTH 74 DEGREES 54 MINUTES 00 SECONDS EAST ALONG THE CENTER
529	445		OF ELM CREEK A DISTANCE OF 211.00 FEET TO A POINT FOR CORNER;
530	446		THENCE NORTH 65 DEGREES 52 MINUTES 00 SECONDS EAST ALONG THE CENTER
531	447		OF ELM CREEK A DISTANCE OF 282.00 FEET TO A POINT FOR CORNER;
532	448		THENCE NORTH 26 DEGREES 53 MINUTES 00 SECONDS EAST ALONG THE CENTER
533	449		OF ELM CREEK A DISTANCE OF 1077.50 FEET TO A POINT FOR CORNER TO THE
534	450		MOST NORTHERLY NORTHWEST CORNER OF SAID 1215.843 ACRE TRACT;
535	451		THENCE SOUTH 87 DEGREES 54 MINUTES 00 SECONDS EAST A DISTANCE OF
536	452		271.00 FEET TO A POINT FOR CORNER;
537	453		THENCE SOUTH 89 DEGREES 54 MINUTES 00 SECONDS EAST A DISTANCE OF
538	454		127.00 FEET TO A POINT FOR CORNER;
539	455		THENCE NORTH 88 DEGREES 58 MINUTES 00 SECONDS EAST A DISTANCE OF
540	456		560.00 FEET TO A POINT FOR CORNER;
541	457		THENCE NORTH 87 DEGREES 46 MINUTES 00 SECONDS EAST A DISTANCE OF
542	458		917.00 FEET TO A POINT FOR CORNER;
543	459		THENCE SOUTH 86 DEGREES 43 MINUTES 00 SECONDS EAST A DISTANCE OF
544	460		411.00 FEET TO A POINT FOR CORNER TO THE MOST NORTHERLY NORTHEAST
545	461		CORNER OF SAID 1215.843 ACRE TRACT
546	462		THENCE SOUTH 01 DEGREES 44 MINUTES 00 SECONDS EAST A DISTANCE OF
547	463		889.00 FEET TO A POINT FOR CORNER;
548	464		THENCE SOUTH 58 DEGREES 17 MINUTES 00 SECONDS EAST A DISTANCE OF
549	465		675.00 FEET TO A POINT FOR CORNER;
550	466		THENCE NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST A DISTANCE OF
551	467		611.00 FEET TO A POINT FOR CORNER;
552	468		THENCE SOUTH 00 DEGREES 52 MINUTES 00 SECONDS WEST A DISTANCE OF
553	469		529.00 FEET TO A POINT FOR CORNER;
554	470		THENCE SOUTH 00 DEGREES 19 MINUTES 00 SECONDS WEST A DISTANCE OF
555	471		3775.00 FEET TO A POINT FOR CORNER;
556	472		THENCE SOUTH 03 DEGREES 39 MINUTES 54 SECONDS WEST A DISTANCE OF
557	473		491.83 FEET TO A POINT FOR CORNER;
558	474		THENCE SOUTH 00 DEGREES 21 MINUTES 00 SECONDS WEST A DISTANCE OF
559	475		271.50 FEET TO A POINT FOR CORNER;
560	476		THENCE SOUTH 02 DEGREES 03 MINUTES 09 SECONDS EAST A DISTANCE OF
561	477		560.34 FEET TO A POINT FOR CORNER;
562	478		THENCE SOUTH 86 DEGREES 42 MINUTES 28 SECONDS WEST A DISTANCE OF
563	479		66.00 FEET TO A POINT FOR CORNER;
564	480		THENCE SOUTH 01 DEGREES 07 MINUTES 18 SECONDS EAST A DISTANCE OF
565	481		2883.84 FEET TO A POINT FOR CORNER AT THE MOST EASTERLY SOUTHEAST
566	482		CORNER OF SAID 1215.843 ACRE TRACT AND THE NORTHEAST CORNER OF SAID
567	483		161.91 ACRE TRACT;
568	484		THENCE SOUTH 01 DEGREES 59 MINUTES 59 SECONDS EAST A DISTANCE OF
569	485		271.54 FEET TO A POINT FOR CORNER;
570	486		THENCE SOUTH 02 DEGREES 49 MINUTES 01 SECONDS EAST A DISTANCE OF
571	487		698.98 FEET TO A POINT FOR CORNER;
572	488		THENCE SOUTH 02 DEGREES 27 MINUTES 24 SECONDS EAST A DISTANCE OF
573	489		849.68 FEET TO A POINT FOR CORNER TO THE SOUTHEAST CORNER OF SAID
574	490		161.91 ACRE TRACT;
575	491		THENCE SOUTH 88 DEGREES 39 MINUTES 30 SECONDS WEST A DISTANCE OF
576	492		2104.21 FEET TO A POINT FOR CORNER;
577	493		THENCE SOUTH 87 DEGREES 44 MINUTES 05 SECONDS WEST A DISTANCE OF
578	494		986.67 FEET TO A POINT FOR CORNER;
579	495		THENCE SOUTH 89 DEGREES 09 MINUTES 32 SECONDS WEST A DISTANCE OF
580	496		508.11 FEET TO A POINT FOR CORNER;
581	497		THENCE SOUTH 87 DEGREES 55 MINUTES 18 SECONDS WEST A DISTANCE OF
582	498		230.84 FEET TO A POINT FOR CORNER;
583	499		THENCE SOUTH 88 DEGREES 45 MINUTES 02 SECONDS WEST A DISTANCE OF
584	500		285.38 FEET TO A POINT FOR CORNER;
585	501		THENCE NORTH 74 DEGREES 25 MINUTES 03 SECONDS WEST A DISTANCE OF
586	502		1160.29 FEET TO A POINT FOR CORNER;
587	503		THENCE NORTH 74 DEGREES 36 MINUTES 18 SECONDS WEST A DISTANCE OF
588	504		404.97 FEET TO A POINT FOR CORNER TO A POINT IN THE NORTH
589	505		RIGHT-OF-WAY LINE OF FM # 455;
590	506		THENCE NORTH 15 DEGREES 23 MINUTES 42 SECONDS EAST WITH SAID
591	507		RIGHT-OF-WAY LINE A DISTANCE OF 40.00 FEET TO A POINT FOR CORNER;
592	508		THENCE NORTH 74 DEGREES 36 MINUTES 18 SECONDS WEST WITH SAID
593	509		RIGHT-OF-WAY LINE A DISTANCE OF 179.93 FEET TO A POINT FOR CORNER;
594	510		THENCE NORTH 52 DEGREES 06 MINUTES 25 SECONDS WEST WITH SAID
595	511		RIGHT-OF-WAY LINE A DISTANCE OF 697.67 FEET TO A POINT FOR CORNER;
596	512		THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE
597	513		LEFT WITH AN ARC LENGTH OF363.14 FEET, WITH A RADIUS OF 986.86 FEET,
598	514		WITH A CHORD BEARING OF NORTH 62 DEGREES 38 MINUTES 55 SECONDS WEST,
599	515		AND WITH A CHORD LENGTH OF 361.09 FEET TO A POINT FOR CORNER;
600	516		THENCE NORTH 73 DEGREES 11 MINUTES 25 SECONDS WEST WITH SAID
601	517		RIGHT-OF-WAY LINE A DISTANCE OF 199.75 FEET TO A POINT FOR CORNER;
602	518		THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE
603	519		LEFT WITH AN ARC LENGTH OF 254.11 FEET, WITH A RADIUS OF 1367.32
604	520		FEET, WITH A CHORD BEARING OF NORTH 78 DEGREES 37 MINUTES 35 SECONDS
605	521		WEST, AND WITH A CHORD LENGTH OF 253.75 FEET;
606	522		THENCE NORTH 83 DEGREES 34 MINUTES 06 SECONDS WEST WITH SAID
607	523		RIGHT-OF-WAY LINE A DISTANCE OF 104.02 FEET TO A POINT FOR CORNER;
608	524		THENCE NORTH 83 DEGREES 34 MINUTES 06 SECONDS WEST WITH SAID
609	525		RIGHT-OF-WAY LINE A DISTANCE OF 2140.11 FEET TO A POINT FOR CORNER;
610	526		THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE
611	527		RIGHT WITH AN ARC LENGTH OF 283.92 FEET, WITH A RADIUS OF 528.70
612	528		FEET, WITH A CHORD BEARING OF NORTH 68 DEGREES 22 MINUTES 06 SECONDS
613	529		WEST, AND WITH A CHORD LENGTH OF 280.52 FEET TO A POINT FOR CORNER,;
614	530		THENCE NORTH 53 DEGREES 10 MINUTES 06 SECONDS WEST WITH SAID
615	531		RIGHT-OF-WAY LINE A DISTANCE OF 766.67 FEET TO THE POINT OF
616	532		BEGINNING AND ENCLOSING 2178.085 ACRES OF LAND, MORE OR LESS.
617	533		TRACT 2: 100.474 ACRES MORE OR LESS
618	534		LEGAL DESCRIPTION CONSISTING OF 100.474 ACRES MORE OR LESS BY
619	535		COMPUTING EXHIBIT A IN THE DEED TO THE TRACT OF LAND DESCRIBED AS
620	536		TRACT I IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME
621	537		2288, PAGE 119 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
622	538		BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J.
623	539		DAVIS SURVEY, ABSTRACT # 254, THE W.P. ALLEN SURVEY, ABSTRACT # 24,
624	540		AND THE J. HOWARD SURVEY, ABSTRACT # 442 AND BEING ALL OF A CALLED
625	541		100.474 ACRE TRACT OF LAND DESCRIBED AS TRACT I IN THE DEED TO
626	542		DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE
627	543		DEED RECORDS OF COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY
628	544		DESCRIBED AS FOLLOWS:
629	545		BEGINNING AT THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED
630	546		HEREIN AT THE INTERSECTION OF THE WEST LINE OF SAID COLLIN COUNTY
631	547		WITH THE SOUTHWEST CORNER OF SAID 100.474 ACRE TRACT OF LAND;
632	548		THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST, A DISTANCE OF
633	549		1213.34 FEET TO A POINT FOR CORNER;
634	550		THENCE NORTH 89 DEGREES 57 MINUTES 51 SECONDS EAST, A DISTANCE OF
635	551		3608.95 FEET TO A POINT FOR CORNER;
636	552		THENCE SOUTH 00 DEGREES 56 MINUTES 02 SECONDS EAST, A DISTANCE OF
637	553		1192.20 FEET TO A POINT FOR CORNER;
638	554		THENCE SOUTH 89 DEGREES 11 MINUTES 58 SECONDS WEST, A DISTANCE OF
639	555		1594.31 FEET TO A POINT FOR CORNER;
640	556		THENCE SOUTH 89 DEGREES 57 MINUTES 51 SECONDS WEST, A DISTANCE OF
641	557		2038.77 FEET TO THE POINT OF BEGINNING AND ENCLOSING 100.474 ACRES
642	558		OF LAND, MORE OR LESS.
643	559		TRACT 3: 958.042 ACRES MORE OR LESS
644	560		LEGAL DESCRIPTION CONSISTING OF 958.042 ACRES MORE OR LESS BY
645	561		COMPUTING EXHIBIT A IN THE DEED TO THE TRACT OF LAND DESCRIBED IN
646	562		THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE
647	563		114 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
648	564		BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J. W.
649	565		HAYNES SURVEY, ABSTRACT # 453, J, CUMBA SURVEY, ABSTRACT # 242, THE
650	566		J. QUEEN SURVEY, ABSTRACT # 733, THE J. QUEEN SURVEY, ABSTRACT #
651	567		1111, THE A. H. GEE SURVEY, ABSTRACT # 1104, THE H. COCHRAN SURVEY,
652	568		ABSTRACT # 191, THE J. RAGSDALE SURVEY, ABSTRACT # 735 AND THE
653	569		GERMAN IMIGRATION CO. SURVEY, ABSTRACT # 356 AND BEING ALL OF A
654	570		CALLED 957.743 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO DYNAVEST
655	571		JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 144 OF THE DEED
656	572		RECORDS OF COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY
657	573		DESCRIBED AS FOLLOWS:
658	574		BEGINNING AT THE NORTHWEST CORNER OF THE TRACT BEING DESCRIBED
659	575		HEREIN AT A POINT AT THE NORTHWEST CORNER OF SAID 957.743 ACRE TRACT
660	576		IN THE SOUTH RIGHT-OF-WAY LINE OF FM # 455;
661	577		THENCE SOUTH 53 DEGREES 10 MINUTES 06 SECONDS EAST WITH SAID SOUTH
662	578		RIGHT-OF-WAY LINE A DISTANCE OF 699.50 FEET TO A POINT FOR CORNER;
663	579		THENCE WITH SAID SOUTH RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO
664	580		THE LEFT WITH AN ARC LENGTH OF 332.25 FEET, WITH A RADIUS OF 618.70
665	581		FEET, WITH A CHORD BEARING OF SOUTH 68 DEGREES 22 MINUTES 06 SECONDS
666	582		EAST, AND WITH A CHORD LENGTH OF 328.27 FEET TO A POINT FOR CORNER;
667	583		THENCE SOUTH 83 DEGREES 34 MINUTES 06 SECONDS EAST WITH SAID SOUTH
668	584		RIGHT-OF-WAY LINE A DISTANCE OF 2243.84 FEET TO A POINT FOR CORNER;
669	585		THENCE WITH SAID SOUTH RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO
670	586		THE RIGHT WITH AN ARC LENGTH OF 237.99 FEET, WITH A RADIUS OF
671	587		1277.20 FEET, WITH A CHORD BEARING OF SOUTH 78 DEGREES 38 MINUTES 21
672	588		SECONDS EAST, AND WITH A CHORD LENGTH OF 237.64 FEET TO A POINT FOR
673	589		CORNER;
674	590		THENCE SOUTH 73 DEGREES 11 MINUTES 25 SECONDS EAST WITH SAID SOUTH
675	591		RIGHT-OF-WAY LINE A DISTANCE OF 131.75 FEET TO A POINT FOR CORNER;
676	592		THENCE SOUTH 16 DEGREES 58 MINUTES 43 SECONDS WEST A DISTANCE OF
677	593		103.35 FEET TO A POINT FOR CORNER;
678	594		THENCE SOUTH 40 DEGREES 22 MINUTES 29 SECONDS WEST A DISTANCE OF
679	595		414.21 FEET TO A POINT FOR CORNER;
680	596		THENCE SOUTH 50 DEGREES 17 MINUTES 10 SECONDS EAST A DISTANCE OF
681	597		174.16 FEET TO A POINT FOR CORNER;
682	598		THENCE SOUTH 04 DEGREES 36 MINUTES 13 SECONDS EAST A DISTANCE OF
683	599		103.17 FEET TO A POINT FOR CORNER;
684	600		THENCE SOUTH 53 DEGREES 02 MINUTES 05 SECONDS WEST A DISTANCE OF
685	601		256.14 FEET TO A POINT FOR CORNER;
686	602		THENCE SOUTH 23 DEGREES 11 MINUTES 46 SECONDS WEST A DISTANCE OF
687	603		269.21 FEET TO A POINT FOR CORNER;
688	604		THENCE SOUTH 66 DEGREES 05 MINUTES 31 SECONDS EAST A DISTANCE OF
689	605		178.82 FEET TO A POINT FOR CORNER;
690	606		THENCE SOUTH 04 DEGREES 58 MINUTES 45 SECONDS EAST A DISTANCE OF
691	607		193.80 FEET TO A POINT FOR CORNER;
692	608		THENCE SOUTH 50 DEGREES 28 MINUTES 50 SECONDS WEST A DISTANCE OF
693	609		169.49 FEET TO A POINT FOR CORNER;
694	610		THENCE SOUTH 87 DEGREES 27 MINUTES 53 SECONDS WEST A DISTANCE OF
695	611		174.71 FEET TO A POINT FOR CORNER;
696	612		THENCE SOUTH 00 DEGREES 14 MINUTES 15 SECONDS WEST A DISTANCE OF
697	613		763.18 FEET TO A POINT FOR CORNER;
698	614		THENCE NORTH 86 DEGREES 32 MINUTES 52 SECONDS EAST A DISTANCE OF
699	615		1464.77 FEET TO A POINT FOR CORNER;
700	616		THENCE NORTH 89 DEGREES 13 MINUTES 02 SECONDS EAST A DISTANCE OF
701	617		524.81 FEET TO A POINT FOR CORNER IN THE WEST RIGHT-OF-WAY LINE OF
702	618		FM # 455;
703	619		THENCE SOUTH 03 DEGREES 06 MINUTES 54 SECONDS WEST WITH SAID WEST
704	620		RIGHT-OF-WAY LINE A DISTANCE OF 37.23 FEET TO A POINT FOR CORNER;
705	621		THENCE WITH SAID WEST RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO
706	622		THE LEFT WITH AN ARC LENGTH OF 577.39 FEET, WITH A RADIUS OF 1477.38
707	623		FEET, WITH A CHORD BEARING OF SOUTH 08 DEGREES 00 MINUTES 36 SECONDS
708	624		EAST , AND WITH A CHORD LENGTH OF 573.72 FEET TO A POINT FOR CORNER;
709	625		THENCE SOUTH 19 DEGREES 08 MINUTES 06 SECONDS EAST WITH SAID WEST
710	626		RIGHT-OF-WAY LINE A DISTANCE OF 354.02 FEET TO A POINT FOR CORNER;
711	627		THENCE SOUTH 89 DEGREES 08 MINUTES 02 SECONDS WEST A DISTANCE OF
712	628		974.20 FEET TO A POINT FOR CORNER;
713	629		THENCE SOUTH 00 DEGREES 24 MINUTES 13 SECONDS EAST A DISTANCE OF
714	630		1724.68 FEET TO A POINT FOR CORNER;
715	631		THENCE SOUTH 01 DEGREES 25 MINUTES 40 SECONDS EAST A DISTANCE OF
716	632		2948.48 FEET TO A POINT FOR CORNER;
717	633		THENCE NORTH 88 DEGREES 01 MINUTES 35 SECONDS EAST A DISTANCE OF
718	634		1138.15 FEET TO A POINT FOR CORNER;
719	635		THENCE SOUTH 01 DEGREES 46 MINUTES 21 SECONDS EAST A DISTANCE OF
720	636		1965.29 FEET TO A POINT FOR CORNER;
721	637		THENCE SOUTH 89 DEGREES 32 MINUTES 30 SECONDS WEST A DISTANCE OF
722	638		5389.11 FEET TO A POINT FOR CORNER;
723	639		THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST A DISTANCE OF
724	640		10550.55 FEET TO A POINT FOR CORNER;
725	641		AND ENCLOSING 958.042 ACRES OF LAND, MORE OR LESS.
726	642		SECTION 3. (a) The legal notice of the intention to
727	643		introduce this Act, setting forth the general substance of this
728	644		Act, has been published as provided by law, and the notice and a
729	645		copy of this Act have been furnished to all persons, agencies,
730	646		officials, or entities to which they are required to be furnished
731	647		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
732	648		Government Code.
733	649		(b) The governor, one of the required recipients, has
734	650		submitted the notice and Act to the Texas Commission on
735	651		Environmental Quality.
736	652		(c) The Texas Commission on Environmental Quality has filed
737	653		its recommendations relating to this Act with the governor,
738	654		lieutenant governor, and speaker of the house of representatives
739	655		within the required time.
740	656		(d) All requirements of the constitution and laws of this
741	657		state and the rules and procedures of the legislature with respect
742	658		to the notice, introduction, and passage of this Act have been
743	659		fulfilled and accomplished.
744		-	SECTION 4. This Act takes effect September 1, 2017.
745		-	* * * * *
	660	+	SECTION 4. (a) Section 3959.109, Special District Local
	661	+	Laws Code, as added by Section 1 of this Act, takes effect only if
	662	+	this Act receives a two-thirds vote of all the members elected to
	663	+	each house.
	664	+	(b) If this Act does not receive a two-thirds vote of all the
	665	+	members elected to each house, Subchapter C, Chapter 3959, Special
	666	+	District Local Laws Code, as added by Section 1 of this Act, is
	667	+	amended by adding Section 3959.109 to read as follows:
	668	+	Sec. 3959.109. NO EMINENT DOMAIN POWER. The district may
	669	+	not exercise the power of eminent domain.
	670	+	(c) This section is not intended to be an expression of a
	671	+	legislative interpretation of the requirements of Section 17(c),
	672	+	Article I, Texas Constitution.
	673	+	SECTION 5. This Act takes effect September 1, 2017.