By: Holland (Senate Sponsor - Estes) H.B. No. 4294
(In the Senate - Received from the House May 19, 2017;
May 19, 2017, read first time and referred to Committee on
Intergovernmental Relations; May 22, 2017, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 6,
Nays 0, 1 present not voting; May 22, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 4294 By: Garcia
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the North Celina Municipal Management
District No. 3; providing authority to impose taxes, levy
assessments, 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 3959 to read as follows:
CHAPTER 3959. NORTH CELINA MUNICIPAL MANAGEMENT DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3959.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Celina, Texas.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Director" means a board member.
(5) "District" means the North Celina Municipal
Management District No. 3.
Sec. 3959.002. 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. 3959.003. 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 city 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) The district is created to supplement and not to
supplant city services provided in the district.
Sec. 3959.004. 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 creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment;
(3) developing or expanding transportation and
commerce; and
(4) providing quality residential housing.
(d) 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 residential 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.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, vehicle parking, and street art objects are parts of
and necessary components of a street and are considered to be an
improvement project that includes a street or road improvement.
(f) 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. 3959.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(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 issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3959.006. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICT LAW. Except as provided by this chapter, Chapter 375,
Local Government Code, applies to the district.
Sec. 3959.007. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The initial directors shall hold an election to confirm
the creation of the district and to elect five permanent directors
as provided by Section 49.102, Water Code.
Sec. 3959.008. CONSENT OF MUNICIPALITY REQUIRED. The
initial directors may not hold an election under Section 3959.007
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 3959.009. 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 under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code; or
(3) an enterprise zone created under Chapter 2303,
Government Code.
(b) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city 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 or other obligations
issued by the district under Section 3959.201.
(c) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city may determine the percentage
of the property in the zone that may be used for residential
purposes and is not subject to the limitations provided by Section
311.006, Tax Code.
Sec. 3959.010. EFFECT OF ANNEXATION. Notwithstanding any
other law, if all of the territory of the district is annexed by the
city into the city's corporate limits, the district:
(1) retains all of the district's outstanding debt and
obligations;
(2) is not dissolved; and
(3) continues to operate under this chapter until the
district is dissolved under Subchapter F.
Sec. 3959.011. CONSTRUCTION OF CHAPTER. This chapter shall
be construed liberally in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3959.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 3959.054, directors serve
staggered four-year terms, with two or three directors' terms
expiring June 1 of each odd-numbered year.
Sec. 3959.052. BOARD MEETINGS. The board shall hold
meetings at a place accessible to the public and located in the
city.
Sec. 3959.053. REMOVAL OF DIRECTORS. (a) The board may
remove a director by unanimous vote of the other directors if the
director has missed at least half of the meetings scheduled during
the preceding 12 months.
(b) A director removed under this section may file a written
appeal with the commission not later than the 30th day after the
date the director receives written notice of the board action. The
commission may reinstate the director if the commission finds that
the removal was unwarranted under the circumstances after
considering the reasons for the absences, the time and place of the
meetings, the business conducted at the meetings missed, and any
other relevant circumstances.
Sec. 3959.054. INITIAL DIRECTORS. (a) The initial board
consists of:
Pos. No. Name of Director
1 John Peavy
2 Charles Taylor
3 Steve Cook
4 Paul Schlosberg
5 Russell Miller
(b) Initial directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 3959.007; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 3959.007 and the terms of the initial directors have
expired, successor initial directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 3959.007; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
according to the most recent certified tax appraisal rolls for the
county may submit a petition to the commission requesting that the
commission appoint as successor initial directors the five persons
named in the petition. The commission shall appoint as successor
initial directors the five persons named in the petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3959.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3959.102. PUBLIC IMPROVEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 372, Local Government
Code, to a municipality or county.
Sec. 3959.103. IMPROVEMENT PROJECTS AND SERVICES. (a)
Subject to Subsection (c), 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.
(b) The district may undertake an improvement project or
service that confers a special benefit on a definable area in the
district and levy and collect a special assessment on benefited
property in the district in accordance with:
(1) Chapter 372, Local Government Code; or
(2) Chapter 375, Local Government Code.
(c) The district may not construct or finance an improvement
project, other than a water, sewer, or drainage facility or road,
without obtaining the written consent of the city's governing body.
Sec. 3959.104. LOCATION OF IMPROVEMENT PROJECT. A district
improvement project may be located inside or outside of the
district.
Sec. 3959.105. OWNERSHIP OF IMPROVEMENT PROJECTS. (a)
Before a district improvement project may be put into operation,
the district must transfer ownership of the project to the city.
(b) The transfer of ownership is complete on the city's
acceptance of ownership.
Sec. 3959.106. RETAIL WATER AND SEWER SERVICES PROHIBITED.
The district may not provide retail water or sewer services.
Sec. 3959.107. ADDING OR REMOVING TERRITORY. (a) Subject
to Subsections (b) and (c), the board may add or remove territory as
provided by Subchapter J, Chapter 49, Water Code.
(b) The district may add territory as described by
Subsection (a) only if the district obtains written consent from
the governing body of the city.
(c) The district and any district created under Section
3959.108 may not add a total area of more than 100 acres.
Sec. 3959.108. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
3959.007 to confirm the creation of the district.
(f) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint initial directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 3959.007.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
3959.008 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
Sec. 3959.109. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3959.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3959.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, operate, maintain, or finance
an improvement project or service authorized by this chapter or
Chapter 375, Local Government Code, using any money available to
the district.
Sec. 3959.153. METHOD OF NOTICE FOR HEARING. The district
may mail the notice required by Section 375.115(c), Local
Government Code, by certified or first class United States mail.
The board shall determine the method of notice.
Sec. 3959.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by order may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district in the manner provided for:
(1) a district under Subchapters A, E, and F, Chapter
375, Local Government Code; or
(2) a municipality or county under Subchapter A,
Chapter 372, Local Government Code.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district are:
(1) a first and prior lien against the property
assessed;
(2) superior to any other lien or claim other than a
lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) the personal liability of and a charge against the
owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
(e) The district may not impose an assessment on a
municipality, county, or other political subdivision.
Sec. 3959.155. NOTICE OF ASSESSMENTS. Annually, the board
shall file with the secretary of the city written notice that
specifies the assessments the district will impose in the
district's next fiscal year in sufficient clarity to describe the
assessments for the operation and maintenance of the district and
the assessments for the payment of debt service of obligations
issued or incurred by the district.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3959.201. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue, by public or private sale, bonds, notes, or
other obligations payable wholly or partly from ad valorem taxes or
assessments in the manner provided by:
(1) Subchapter J, Chapter 375, Local Government Code;
or
(2) Subchapter A, Chapter 372, Local Government Code,
if the improvements financed by an obligation issued under this
section will be conveyed to or operated and maintained by a
municipality or other retail utility provider pursuant to an
agreement with the district entered into before the issuance of the
obligation.
(b) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
(c) In addition to the sources of money described by
Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
Government Code, district bonds may be secured and made payable
wholly or partly by a pledge of any part of the money the district
receives from improvement revenue or from any other source.
(d) Not later than the 30th day before the date the district
holds a bond sale, the district shall provide the governing body of
the city written notice of the sale.
(e) The district may issue bonds, notes, or other
obligations to maintain or repair an existing improvement project
only if the district obtains written consent from the governing
body of the city.
SUBCHAPTER F. DISSOLUTION
Sec. 3959.251. DISSOLUTION BY CITY ORDINANCE. (a) The
governing body of the city may dissolve the district by ordinance.
(b) The governing body may not dissolve the district until:
(1) water, sanitary, sewer, and drainage improvements
and roads have been constructed to serve at least 80 percent of the
net developable territory of the district; and
(2) the district has reimbursed a developer in the
district for all costs advanced to or on behalf of the district.
(c) Until the district is dissolved, the district is
responsible for all bonds and other obligations of the district.
Sec. 3959.252. 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 revenue from ad valorem taxes:
(1) the assessments remain in effect; and
(2) the city shall succeed to the rights and
obligations of the district regarding enforcement and collection of
the assessments or other revenue.
(b) The city 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 city to refund the outstanding bonds or
obligations.
Sec. 3959.253. ASSUMPTION OF ASSETS AND LIABILITIES. After
the city dissolves the district, the city assumes, subject to the
appropriation and availability of funds, the obligations of the
district, including any bonds or other debt payable from taxes,
assessments, or other district revenue and any assets of the
district.
SUBCHAPTER Z. SPECIAL BOND PROVISIONS
Sec. 3959.901. APPLICABILITY. This subchapter applies to
bonds payable wholly or partly from revenue derived from
assessments on real property in the district.
Sec. 3959.902. CONFLICT OF LAWS. In the event of a conflict
between this subchapter and any other law, this subchapter
prevails.
Sec. 3959.903. WRITTEN AGREEMENT REGARDING SPECIAL
APPRAISALS. Before an election may be held on the question of
issuing bonds, including an election that combines the question of
confirming the creation of the district with the question of
authorizing the district to issue bonds, the district and any
person to whom the governing body of the district intends that
proceeds of the bonds be distributed, including the developer,
another owner of land in the district, and any entity acting as a
lender to the developer or other landowner for the purpose of a
project relating to the district, must enter into a written
agreement that:
(1) waives for the term of the agreement the right to a
special appraisal with respect to taxation by the district under
Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and
(2) remains in effect for 30 years and is binding on
the parties, on entities related to or affiliated with the parties,
and on their successors and assignees.
Sec. 3959.904. REQUIREMENTS FOR ADVERTISING BOND ISSUE. A
district may not advertise for an issuance of bonds until the
completion of at least 25 percent of the projected value of the
improvements, including houses and other buildings, that are liable
for district assessments and necessary to support the district
bonds.
Sec. 3959.905. REQUIREMENTS FOR BOND ISSUE. The district
may not issue bonds until:
(1) the issuance of the bonds is approved by a majority
of the district voters voting at an election called for that
purpose;
(2) the district submits to the commission:
(A) an engineer's report describing the project
for which the bonds will provide funding, including data, profiles,
maps, plans, and specifications related to the project; and
(B) a cash flow analysis to determine the
projected rate of assessment, which includes the following
assumptions:
(i) each ending balance for debt service in
the analysis is not less than 25 percent of the following year's
debt service requirement;
(ii) interest income is only shown on the
ending balance for debt service for the first two years; and
(iii) the projected rate of assessment is
level or decreasing for the life of the bonds issued by the
district;
(3) the completion of at least 75 percent of the
projected value of the improvements, including houses and other
buildings, that are liable for district assessments and necessary
to support the district bonds; and
(4) the district has obtained an independent market
study from a firm recognized in the area of real estate market
analysis supporting the development projects for the real property
that is liable for district assessments and necessary to support
the district bonds.
Sec. 3959.906. REQUIREMENTS FOR COLLECTION OF REVENUE TO
PAY BONDS. The district may not collect an assessment to be used
for the payment of bonds until:
(1) the completion of at least 95 percent of the
underground water, wastewater, and drainage facilities financed
from bond proceeds that are necessary to serve the projected
build-out, as certified by the district's engineer;
(2) the district or other appropriate party has
secured the groundwater, surface water, and water discharge permits
that are necessary to secure capacity to support the projected
build-out;
(3) the completion of at least 95 percent of lift
station, water plant, and sewage treatment plant capacity
sufficient to serve the connections constructed in the project for
a period of not less than 18 months, as certified by the district's
engineer; and
(4) the completion of at least 95 percent of the
streets and roads that are necessary to provide access to the areas
served by utilities and financed by the proceeds of bonds issued by
the district, as certified by the district's engineer and
constructed in accordance with municipal or county standards.
SECTION 2. The North Celina Municipal Management District
No. 3 initially includes all the territory contained in the
following area:
TRACT 1: 2178 ACRES MORE OR LESS
LEGAL DESCRIPTION CONSISTING OF 2178.085 ACRES MORE OR LESS BY
COMPILING DEEDS DESCRIBED AS TRACT II IN THE DEED TO DYNAVEST JOINT
VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE DEED RECORDS OF
COLLIN COUNTY, TEXAS, A 218.360 ACRE TRACT OF LAND DESCRIBED AS
TRACT NO. 1, A CALLED 161.910 ACRE TRACT OF LAND DESCRIBED AS TRACT
NO. 2 IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME
2288, PAGE 125 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS AND A
1215.843 ACRE TRACT DESCRIBED IN THE DEED TO DYNAVEST JOINT VENTURE
AS RECORDED IN VOLUME 2288, PAGE 110, OF THE DEED RECORDS OF COLLIN
COUNTY, TEXAS.
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J. W.
HAYNES SURVEY, ABSTRACT # 453, J, CUMBA SURVEY, ABSTRACT # 242, THE
J DAVIS SURVEY, ABSTRACT # 254, THE B.B.B. & C.R.R. SURVEY, ABSTRACT
# 131, THE H. COCHRAN SURVEY, ABSTRACT # 192, THE T & P. RR CO.
SURVEY, ABSTRACT # 1054, THE J.F. SMILEY SURVEY, ABSTRACT 869, THE
J. WORRALL SURVEY, ABSTRACT # 1036, THE J. QUEEN SURVEY, ABSTRACT #
733, THE J. H. BIGGS SURVEY, ABSTRACT # 51, THE E. ALEXANDER SURVEY,
ABSTRACT # 19, THE SA & MG RR CO SURVEY, ABSTRACT # 876 AND THE P.
NEWSON, SURVEY, ABSTRACT # 665 AND BEING ALL OF A CALLED 579.400
ACRE TRACT OF LAND DESCRIBED AS TRACT II IN THE DEED TO DYNAVEST
JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE DEED
RECORDS OF COLLIN COUNTY, TEXAS, ALL OF A CALLED 218.360 ACRE TRACT
OF LAND DESCRIBED AS TRACT NO. 1 AND ALL OF A CALLED 161.910 ACRE
TRACT OF LAND DESCRIBED AS TRACT NO. 2 IN THE DEED TO DYNAVEST JOINT
VENTURE AS RECORDED IN VOLUME 2288, PAGE 125 OF THE DEED RECORDS OF
COLLIN COUNTY, TEXAS AND ALL OF A CALLED 1215.843 ACRE TRACT
DESCRIBED IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN
VOLUME 2288, PAGE 110, OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
AND BEING MORE PARTICULAR DESCRIBED AS FOLLOWS:
BEGINNING AT A THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED
HEREIN AT THE SOUTHWEST CORNER OF SAID 579.400 ACRE TRACT IN THE
NORTH RIGHT-OF-WAY LINE OF F. M. # 455;
THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST A DISTANCE OF
6447.04 FEET TO A POINT FOR CORNER AT THE NORTHWEST CORNER OF SAID
579.400 ACRE TRACT;
THENCE SOUTH 89 DEGREES 27 MINUTES 28 SECONDS EAST A DISTANCE OF
2678.28 FEET TO A POINT FOR CORNER;
THENCE NORTH 00 DEGREES 23 MINUTES 38 SECONDS EAST A DISTANCE OF
1013.53 FEET TO A POINT FOR CORNER AT THE MOST NORTHERLY NORTHWEST
CORNER OF SAID 579.400 ACRE TRACT;
THENCE NORTH 89 DEGREES 27 MINUTES 02 SECONDS EAST A DISTANCE OF
2192.86 FEET TO A POINT FOR CORNER IN ELM CREEK;
THENCE NORTH 41 DEGREES 45 MINUTES 00 SECONDS EAST ALONG THE CENTER
OF ELM CREEK A DISTANCE OF 693.00 FEET TO A POINT FOR CORNER;
THENCE NORTH 48 DEGREES 30 MINUTES 00 SECONDS EAST ALONG THE CENTER
OF ELM CREEK A DISTANCE OF 417.00 FEET TO A POINT FOR CORNER;
THENCE NORTH 10 DEGREES 40 MINUTES 00 SECONDS EAST ALONG THE CENTER
OF ELM CREEK A DISTANCE OF 274.20 FEET TO A POINT FOR CORNER;
THENCE NORTH 74 DEGREES 54 MINUTES 00 SECONDS EAST ALONG THE CENTER
OF ELM CREEK A DISTANCE OF 211.00 FEET TO A POINT FOR CORNER;
THENCE NORTH 65 DEGREES 52 MINUTES 00 SECONDS EAST ALONG THE CENTER
OF ELM CREEK A DISTANCE OF 282.00 FEET TO A POINT FOR CORNER;
THENCE NORTH 26 DEGREES 53 MINUTES 00 SECONDS EAST ALONG THE CENTER
OF ELM CREEK A DISTANCE OF 1077.50 FEET TO A POINT FOR CORNER TO THE
MOST NORTHERLY NORTHWEST CORNER OF SAID 1215.843 ACRE TRACT;
THENCE SOUTH 87 DEGREES 54 MINUTES 00 SECONDS EAST A DISTANCE OF
271.00 FEET TO A POINT FOR CORNER;
THENCE SOUTH 89 DEGREES 54 MINUTES 00 SECONDS EAST A DISTANCE OF
127.00 FEET TO A POINT FOR CORNER;
THENCE NORTH 88 DEGREES 58 MINUTES 00 SECONDS EAST A DISTANCE OF
560.00 FEET TO A POINT FOR CORNER;
THENCE NORTH 87 DEGREES 46 MINUTES 00 SECONDS EAST A DISTANCE OF
917.00 FEET TO A POINT FOR CORNER;
THENCE SOUTH 86 DEGREES 43 MINUTES 00 SECONDS EAST A DISTANCE OF
411.00 FEET TO A POINT FOR CORNER TO THE MOST NORTHERLY NORTHEAST
CORNER OF SAID 1215.843 ACRE TRACT
THENCE SOUTH 01 DEGREES 44 MINUTES 00 SECONDS EAST A DISTANCE OF
889.00 FEET TO A POINT FOR CORNER;
THENCE SOUTH 58 DEGREES 17 MINUTES 00 SECONDS EAST A DISTANCE OF
675.00 FEET TO A POINT FOR CORNER;
THENCE NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST A DISTANCE OF
611.00 FEET TO A POINT FOR CORNER;
THENCE SOUTH 00 DEGREES 52 MINUTES 00 SECONDS WEST A DISTANCE OF
529.00 FEET TO A POINT FOR CORNER;
THENCE SOUTH 00 DEGREES 19 MINUTES 00 SECONDS WEST A DISTANCE OF
3775.00 FEET TO A POINT FOR CORNER;
THENCE SOUTH 03 DEGREES 39 MINUTES 54 SECONDS WEST A DISTANCE OF
491.83 FEET TO A POINT FOR CORNER;
THENCE SOUTH 00 DEGREES 21 MINUTES 00 SECONDS WEST A DISTANCE OF
271.50 FEET TO A POINT FOR CORNER;
THENCE SOUTH 02 DEGREES 03 MINUTES 09 SECONDS EAST A DISTANCE OF
560.34 FEET TO A POINT FOR CORNER;
THENCE SOUTH 86 DEGREES 42 MINUTES 28 SECONDS WEST A DISTANCE OF
66.00 FEET TO A POINT FOR CORNER;
THENCE SOUTH 01 DEGREES 07 MINUTES 18 SECONDS EAST A DISTANCE OF
2883.84 FEET TO A POINT FOR CORNER AT THE MOST EASTERLY SOUTHEAST
CORNER OF SAID 1215.843 ACRE TRACT AND THE NORTHEAST CORNER OF SAID
161.91 ACRE TRACT;
THENCE SOUTH 01 DEGREES 59 MINUTES 59 SECONDS EAST A DISTANCE OF
271.54 FEET TO A POINT FOR CORNER;
THENCE SOUTH 02 DEGREES 49 MINUTES 01 SECONDS EAST A DISTANCE OF
698.98 FEET TO A POINT FOR CORNER;
THENCE SOUTH 02 DEGREES 27 MINUTES 24 SECONDS EAST A DISTANCE OF
849.68 FEET TO A POINT FOR CORNER TO THE SOUTHEAST CORNER OF SAID
161.91 ACRE TRACT;
THENCE SOUTH 88 DEGREES 39 MINUTES 30 SECONDS WEST A DISTANCE OF
2104.21 FEET TO A POINT FOR CORNER;
THENCE SOUTH 87 DEGREES 44 MINUTES 05 SECONDS WEST A DISTANCE OF
986.67 FEET TO A POINT FOR CORNER;
THENCE SOUTH 89 DEGREES 09 MINUTES 32 SECONDS WEST A DISTANCE OF
508.11 FEET TO A POINT FOR CORNER;
THENCE SOUTH 87 DEGREES 55 MINUTES 18 SECONDS WEST A DISTANCE OF
230.84 FEET TO A POINT FOR CORNER;
THENCE SOUTH 88 DEGREES 45 MINUTES 02 SECONDS WEST A DISTANCE OF
285.38 FEET TO A POINT FOR CORNER;
THENCE NORTH 74 DEGREES 25 MINUTES 03 SECONDS WEST A DISTANCE OF
1160.29 FEET TO A POINT FOR CORNER;
THENCE NORTH 74 DEGREES 36 MINUTES 18 SECONDS WEST A DISTANCE OF
404.97 FEET TO A POINT FOR CORNER TO A POINT IN THE NORTH
RIGHT-OF-WAY LINE OF FM # 455;
THENCE NORTH 15 DEGREES 23 MINUTES 42 SECONDS EAST WITH SAID
RIGHT-OF-WAY LINE A DISTANCE OF 40.00 FEET TO A POINT FOR CORNER;
THENCE NORTH 74 DEGREES 36 MINUTES 18 SECONDS WEST WITH SAID
RIGHT-OF-WAY LINE A DISTANCE OF 179.93 FEET TO A POINT FOR CORNER;
THENCE NORTH 52 DEGREES 06 MINUTES 25 SECONDS WEST WITH SAID
RIGHT-OF-WAY LINE A DISTANCE OF 697.67 FEET TO A POINT FOR CORNER;
THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE
LEFT WITH AN ARC LENGTH OF363.14 FEET, WITH A RADIUS OF 986.86 FEET,
WITH A CHORD BEARING OF NORTH 62 DEGREES 38 MINUTES 55 SECONDS WEST,
AND WITH A CHORD LENGTH OF 361.09 FEET TO A POINT FOR CORNER;
THENCE NORTH 73 DEGREES 11 MINUTES 25 SECONDS WEST WITH SAID
RIGHT-OF-WAY LINE A DISTANCE OF 199.75 FEET TO A POINT FOR CORNER;
THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE
LEFT WITH AN ARC LENGTH OF 254.11 FEET, WITH A RADIUS OF 1367.32
FEET, WITH A CHORD BEARING OF NORTH 78 DEGREES 37 MINUTES 35 SECONDS
WEST, AND WITH A CHORD LENGTH OF 253.75 FEET;
THENCE NORTH 83 DEGREES 34 MINUTES 06 SECONDS WEST WITH SAID
RIGHT-OF-WAY LINE A DISTANCE OF 104.02 FEET TO A POINT FOR CORNER;
THENCE NORTH 83 DEGREES 34 MINUTES 06 SECONDS WEST WITH SAID
RIGHT-OF-WAY LINE A DISTANCE OF 2140.11 FEET TO A POINT FOR CORNER;
THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE
RIGHT WITH AN ARC LENGTH OF 283.92 FEET, WITH A RADIUS OF 528.70
FEET, WITH A CHORD BEARING OF NORTH 68 DEGREES 22 MINUTES 06 SECONDS
WEST, AND WITH A CHORD LENGTH OF 280.52 FEET TO A POINT FOR CORNER,;
THENCE NORTH 53 DEGREES 10 MINUTES 06 SECONDS WEST WITH SAID
RIGHT-OF-WAY LINE A DISTANCE OF 766.67 FEET TO THE POINT OF
BEGINNING AND ENCLOSING 2178.085 ACRES OF LAND, MORE OR LESS.
TRACT 2: 100.474 ACRES MORE OR LESS
LEGAL DESCRIPTION CONSISTING OF 100.474 ACRES MORE OR LESS BY
COMPUTING EXHIBIT A IN THE DEED TO THE TRACT OF LAND DESCRIBED AS
TRACT I IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME
2288, PAGE 119 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J.
DAVIS SURVEY, ABSTRACT # 254, THE W.P. ALLEN SURVEY, ABSTRACT # 24,
AND THE J. HOWARD SURVEY, ABSTRACT # 442 AND BEING ALL OF A CALLED
100.474 ACRE TRACT OF LAND DESCRIBED AS TRACT I IN THE DEED TO
DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE
DEED RECORDS OF COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED
HEREIN AT THE INTERSECTION OF THE WEST LINE OF SAID COLLIN COUNTY
WITH THE SOUTHWEST CORNER OF SAID 100.474 ACRE TRACT OF LAND;
THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST, A DISTANCE OF
1213.34 FEET TO A POINT FOR CORNER;
THENCE NORTH 89 DEGREES 57 MINUTES 51 SECONDS EAST, A DISTANCE OF
3608.95 FEET TO A POINT FOR CORNER;
THENCE SOUTH 00 DEGREES 56 MINUTES 02 SECONDS EAST, A DISTANCE OF
1192.20 FEET TO A POINT FOR CORNER;
THENCE SOUTH 89 DEGREES 11 MINUTES 58 SECONDS WEST, A DISTANCE OF
1594.31 FEET TO A POINT FOR CORNER;
THENCE SOUTH 89 DEGREES 57 MINUTES 51 SECONDS WEST, A DISTANCE OF
2038.77 FEET TO THE POINT OF BEGINNING AND ENCLOSING 100.474 ACRES
OF LAND, MORE OR LESS.
TRACT 3: 958.042 ACRES MORE OR LESS
LEGAL DESCRIPTION CONSISTING OF 958.042 ACRES MORE OR LESS BY
COMPUTING EXHIBIT A IN THE DEED TO THE TRACT OF LAND DESCRIBED IN
THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE
114 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J. W.
HAYNES SURVEY, ABSTRACT # 453, J, CUMBA SURVEY, ABSTRACT # 242, THE
J. QUEEN SURVEY, ABSTRACT # 733, THE J. QUEEN SURVEY, ABSTRACT #
1111, THE A. H. GEE SURVEY, ABSTRACT # 1104, THE H. COCHRAN SURVEY,
ABSTRACT # 191, THE J. RAGSDALE SURVEY, ABSTRACT # 735 AND THE
GERMAN IMIGRATION CO. SURVEY, ABSTRACT # 356 AND BEING ALL OF A
CALLED 957.743 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO DYNAVEST
JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 144 OF THE DEED
RECORDS OF COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE TRACT BEING DESCRIBED
HEREIN AT A POINT AT THE NORTHWEST CORNER OF SAID 957.743 ACRE TRACT
IN THE SOUTH RIGHT-OF-WAY LINE OF FM # 455;
THENCE SOUTH 53 DEGREES 10 MINUTES 06 SECONDS EAST WITH SAID SOUTH
RIGHT-OF-WAY LINE A DISTANCE OF 699.50 FEET TO A POINT FOR CORNER;
THENCE WITH SAID SOUTH RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO
THE LEFT WITH AN ARC LENGTH OF 332.25 FEET, WITH A RADIUS OF 618.70
FEET, WITH A CHORD BEARING OF SOUTH 68 DEGREES 22 MINUTES 06 SECONDS
EAST, AND WITH A CHORD LENGTH OF 328.27 FEET TO A POINT FOR CORNER;
THENCE SOUTH 83 DEGREES 34 MINUTES 06 SECONDS EAST WITH SAID SOUTH
RIGHT-OF-WAY LINE A DISTANCE OF 2243.84 FEET TO A POINT FOR CORNER;
THENCE WITH SAID SOUTH RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO
THE RIGHT WITH AN ARC LENGTH OF 237.99 FEET, WITH A RADIUS OF
1277.20 FEET, WITH A CHORD BEARING OF SOUTH 78 DEGREES 38 MINUTES 21
SECONDS EAST, AND WITH A CHORD LENGTH OF 237.64 FEET TO A POINT FOR
CORNER;
THENCE SOUTH 73 DEGREES 11 MINUTES 25 SECONDS EAST WITH SAID SOUTH
RIGHT-OF-WAY LINE A DISTANCE OF 131.75 FEET TO A POINT FOR CORNER;
THENCE SOUTH 16 DEGREES 58 MINUTES 43 SECONDS WEST A DISTANCE OF
103.35 FEET TO A POINT FOR CORNER;
THENCE SOUTH 40 DEGREES 22 MINUTES 29 SECONDS WEST A DISTANCE OF
414.21 FEET TO A POINT FOR CORNER;
THENCE SOUTH 50 DEGREES 17 MINUTES 10 SECONDS EAST A DISTANCE OF
174.16 FEET TO A POINT FOR CORNER;
THENCE SOUTH 04 DEGREES 36 MINUTES 13 SECONDS EAST A DISTANCE OF
103.17 FEET TO A POINT FOR CORNER;
THENCE SOUTH 53 DEGREES 02 MINUTES 05 SECONDS WEST A DISTANCE OF
256.14 FEET TO A POINT FOR CORNER;
THENCE SOUTH 23 DEGREES 11 MINUTES 46 SECONDS WEST A DISTANCE OF
269.21 FEET TO A POINT FOR CORNER;
THENCE SOUTH 66 DEGREES 05 MINUTES 31 SECONDS EAST A DISTANCE OF
178.82 FEET TO A POINT FOR CORNER;
THENCE SOUTH 04 DEGREES 58 MINUTES 45 SECONDS EAST A DISTANCE OF
193.80 FEET TO A POINT FOR CORNER;
THENCE SOUTH 50 DEGREES 28 MINUTES 50 SECONDS WEST A DISTANCE OF
169.49 FEET TO A POINT FOR CORNER;
THENCE SOUTH 87 DEGREES 27 MINUTES 53 SECONDS WEST A DISTANCE OF
174.71 FEET TO A POINT FOR CORNER;
THENCE SOUTH 00 DEGREES 14 MINUTES 15 SECONDS WEST A DISTANCE OF
763.18 FEET TO A POINT FOR CORNER;
THENCE NORTH 86 DEGREES 32 MINUTES 52 SECONDS EAST A DISTANCE OF
1464.77 FEET TO A POINT FOR CORNER;
THENCE NORTH 89 DEGREES 13 MINUTES 02 SECONDS EAST A DISTANCE OF
524.81 FEET TO A POINT FOR CORNER IN THE WEST RIGHT-OF-WAY LINE OF
FM # 455;
THENCE SOUTH 03 DEGREES 06 MINUTES 54 SECONDS WEST WITH SAID WEST
RIGHT-OF-WAY LINE A DISTANCE OF 37.23 FEET TO A POINT FOR CORNER;
THENCE WITH SAID WEST RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO
THE LEFT WITH AN ARC LENGTH OF 577.39 FEET, WITH A RADIUS OF 1477.38
FEET, WITH A CHORD BEARING OF SOUTH 08 DEGREES 00 MINUTES 36 SECONDS
EAST , AND WITH A CHORD LENGTH OF 573.72 FEET TO A POINT FOR CORNER;
THENCE SOUTH 19 DEGREES 08 MINUTES 06 SECONDS EAST WITH SAID WEST
RIGHT-OF-WAY LINE A DISTANCE OF 354.02 FEET TO A POINT FOR CORNER;
THENCE SOUTH 89 DEGREES 08 MINUTES 02 SECONDS WEST A DISTANCE OF
974.20 FEET TO A POINT FOR CORNER;
THENCE SOUTH 00 DEGREES 24 MINUTES 13 SECONDS EAST A DISTANCE OF
1724.68 FEET TO A POINT FOR CORNER;
THENCE SOUTH 01 DEGREES 25 MINUTES 40 SECONDS EAST A DISTANCE OF
2948.48 FEET TO A POINT FOR CORNER;
THENCE NORTH 88 DEGREES 01 MINUTES 35 SECONDS EAST A DISTANCE OF
1138.15 FEET TO A POINT FOR CORNER;
THENCE SOUTH 01 DEGREES 46 MINUTES 21 SECONDS EAST A DISTANCE OF
1965.29 FEET TO A POINT FOR CORNER;
THENCE SOUTH 89 DEGREES 32 MINUTES 30 SECONDS WEST A DISTANCE OF
5389.11 FEET TO A POINT FOR CORNER;
THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST A DISTANCE OF
10550.55 FEET TO A POINT FOR CORNER;
AND ENCLOSING 958.042 ACRES OF LAND, MORE OR LESS.
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 September 1, 2017.
* * * * *