By: Sanford (Senate Sponsor - Fallon) H.B. No. 3436
(In the Senate - Received from the House May 6, 2019;
May 6, 2019, read first time and referred to Committee on
Intergovernmental Relations; May 17, 2019, reported favorably by
the following vote: Yeas 7, Nays 0; May 17, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Celina Municipal Management
District No. 3; providing authority to issue bonds and impose
assessments, fees, and taxes.
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 3965 to read as follows:
CHAPTER 3965. CELINA MUNICIPAL MANAGEMENT DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3965.0101. 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 Celina Municipal Management
District No. 3.
Sec. 3965.0102. 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. 3965.0103. 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) This chapter and the creation of the district may not be
interpreted to relieve the city 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 city services provided in the
district.
Sec. 3965.0104. 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;
(3) develop or expand transportation and commerce; and
(4) provide quality residential housing.
(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. 3965.0105. 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 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 3965.0601 or to pay the principal
and interest of the bonds or other obligations;
(4) right to impose or collect an assessment, or
collect other revenue; or
(5) legality or operation.
Sec. 3965.0106. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3965.0107. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Sec. 3965.0108. CONFLICTS OF LAW. This chapter prevails
over any provision of Chapter 375, Local Government Code, that is in
conflict or inconsistent with this chapter.
Sec. 3965.0109. CONSENT OF MUNICIPALITY REQUIRED. The
board may not hold an election to authorize the issuance of bonds
until the governing body of the city by ordinance or resolution
consents to the creation of the district and to the inclusion of
land in the district. The city's consent must be granted in the
manner provided by Section 54.016, Water Code, for including land
within the corporate limits or extraterritorial jurisdiction of a
city.
Sec. 3965.0110. EFFECT OF ANNEXATION. Notwithstanding any
other law, if all or any part of the territory of the district is
annexed by the city into the city's corporate limits, the district
retains all of the district's outstanding debt and obligations and
continues to operate under this chapter until the district is
dissolved under Subchapter G.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3965.0201. GOVERNING BODY; TERMS. The district is
governed by a board of five directors who serve staggered terms of
four years, with two or three directors' terms expiring June 1 of
each odd-numbered year. One director is appointed by the city, and
four directors are appointed by the commission as provided by
Sections 3965.0202 and 3965.0203, respectively.
Sec. 3965.0202. APPOINTMENT AND REMOVAL OF DIRECTOR
APPOINTED BY CITY. (a) The governing body of the city shall
appoint one director who must be:
(1) at least 18 years of age; and
(2) a resident of the city.
(b) At any time the governing body of the city may remove the
director appointed by the city and appoint a director to serve the
remainder of the removed director's term.
Sec. 3965.0203. APPOINTMENT BY COMMISSION. (a) Before the
term of a director other than a director appointed under Section
3965.0202 expires, the board shall recommend to the commission the
appropriate number of persons to serve as successor directors. The
commission shall appoint as directors the persons recommended by
the board.
(b) A person recommended by the board under Subsection (a)
must be:
(1) at least 18 years of age;
(2) an owner of property in the district;
(3) an owner of stock, whether beneficial or
otherwise, of a corporate owner of property in the district;
(4) an owner of a beneficial interest in a trust that
owns property in the district; or
(5) an agent, employee, or tenant of a person
described by Subdivision (2), (3), or (4).
Sec. 3965.0204. VACANCY. If a vacancy occurs on the board,
the remaining directors shall appoint a director for the remainder
of the unexpired term.
Sec. 3965.0205. DIRECTOR'S OATH OR AFFIRMATION. (a) A
director shall file the director's oath or affirmation of office
with the district, and the district shall retain the oath or
affirmation in the district records.
(b) A director shall file a copy of the director's oath or
affirmation with the secretary of the city.
Sec. 3965.0206. OFFICERS. The board shall elect from among
the directors a chair, a vice chair, and a secretary. The offices
of chair and secretary may not be held by the same person.
Sec. 3965.0207. COMPENSATION; EXPENSES. (a) The district
may compensate each director in an amount not to exceed $150 for
each board meeting. The total amount of compensation a director may
receive each year may not exceed $7,200.
(b) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of the board.
Sec. 3965.0208. LIABILITY INSURANCE. The district may
obtain and pay for comprehensive general liability insurance
coverage from a commercial insurance company or other source that
protects and insures a director against personal liability and from
all claims relating to:
(1) actions taken by the director in the director's
capacity as a member of the board;
(2) actions and activities taken by the district; or
(3) the actions of others acting on behalf of the
district.
Sec. 3965.0209. NO EXECUTIVE COMMITTEE. The board may not
create an executive committee to exercise the powers of the board.
Sec. 3965.0210. BOARD MEETINGS. The board shall hold
meetings at a place that is accessible to the public and located in
the district or in the city.
Sec. 3965.0211. INITIAL DIRECTORS. (a) On or after
September 1, 2019, 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 initial directors the four persons named in the petition. The
commission shall appoint as initial directors the four persons
named in the petition.
(b) The governing body of the city shall appoint one initial
director.
(c) The initial directors shall determine by lot which three
positions expire June 1, 2021, and which two positions expire June
1, 2023.
(d) This section expires September 1, 2021.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3965.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3965.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
Subject to Subsection (b), 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 not construct or finance an improvement
project, other than a water, sewer, or drainage facility or road,
unless the governing body of the city by ordinance or resolution
consents to the construction or financing.
(c) The district may issue bonds, notes, or other
obligations to maintain or repair an existing improvement project
only if the governing body of the city by ordinance or resolution
consents to the issuance.
Sec. 3965.0303. LOCATION OF IMPROVEMENT PROJECT. A
district improvement project may be located inside or outside of
the district.
Sec. 3965.0304. 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. 3965.0305. RETAIL WATER AND SEWER SERVICES PROHIBITED.
The district may not provide retail water or sewer services.
Sec. 3965.0306. ADDING OR REMOVING TERRITORY. (a) Subject
to Subsections (b), (c), and (d), 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 governing body of the city by ordinance
or resolution consents to the addition.
(c) The district and all districts created under Subchapter
D collectively may add a total area of not more than 200 acres.
(d) Territory added under Subsection (a) must be located in
the corporate limits of the city.
Sec. 3965.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 3965.0401. DIVISION OF DISTRICT; PREREQUISITES. The
district, including territory added to the district under Section
3965.0306, may be divided into two or more new districts only if the
district has no outstanding bonded debt. Territory previously
added to the district under Section 3965.0306 may be included in a
new district.
Sec. 3965.0402. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district.
Sec. 3965.0403. DIVISION PROCEDURES. (a) The board, on its
own motion or on receipt of a petition signed by an owner of real
property in the district, may adopt an order proposing to divide the
district.
(b) If the board decides to divide the district, the board
shall:
(1) set the terms of the division, including names for
the new districts and a plan for the payment or performance of any
outstanding district obligations;
(2) prepare a metes and bounds description for each
proposed district; and
(3) appoint four initial directors for each new
district.
(c) The governing body of the city shall appoint one
director for each new district.
Sec. 3965.0404. CONTRACT AUTHORITY OF NEW DISTRICTS. The
new districts may contract with each other for any matter the boards
of the new districts consider appropriate, including the joint
construction or financing of a utility improvement.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3965.0501. 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. 3965.0502. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, 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. 3965.0503. 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. 3965.0504. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(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. 3965.0505. 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 F. TAXES AND BONDS
Sec. 3965.0601. 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 Subchapter A, Chapter 372, or
Subchapter J, Chapter 375, Local Government Code. Sections
375.207(a) and (b), Local Government Code, do not apply to the
district.
(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.
SUBCHAPTER G. DISSOLUTION
Sec. 3965.0701. 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 90 percent of the
developable territory of the district; and
(2) the district has reimbursed each party that has an
agreement with 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. 3965.0702. 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, 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. 3965.0703. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
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
assessments or other district revenue.
(b) If the city dissolves the district, the board shall
transfer ownership of all district property to the city.
SUBCHAPTER H. SPECIAL BOND PROVISIONS
Sec. 3965.0801. APPLICABILITY. This subchapter applies
only to bonds payable wholly or partly from revenue derived from
assessments on real property in the district.
Sec. 3965.0802. CONFLICT OF LAWS. In the event of a
conflict between this subchapter and any other law, this subchapter
prevails.
Sec. 3965.0803. WRITTEN AGREEMENT REGARDING SPECIAL
APPRAISALS. Before the district may issue bonds, the district and
any person to whom the board 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. 3965.0804. 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. 3965.0805. REQUIREMENTS FOR BOND ISSUE. The district
may not issue bonds until:
(1) 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;
(2) 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
(3) 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. 3965.0806. 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 Celina Municipal Management District No. 3
initially includes all the territory contained in the following
area:
All that certain tract or parcel of land lying and being situated in
Denton County, Texas, a part of the Texas & Pacific Railway Survey,
Abstract No. 1299, and being and including all that same tract said
to contain 61.58 acres, more or less, as described in a deed to
Godwin Family Investments, Ltd., recorded under Clerk's File
No. 04-0035436, said tract or parcel of land is herein described as
follows to wit:
BEGINNING at an 1/2 inch iron rod set in Smiley Road (a County Road
running in a Northerly and Southerly direction) for the Northeast
corner of said Texas & Pacific Railway Survey and the Northeast
corner of the premises here described, said corner being the
Southeast corner of WILLOW WOOD, an addition to Denton County
according to the plat thereof recorded in Cabinet M, page 260 of the
Denton County Plat Records, an 1/2 inch iron rod found for witness
bears North89 degrees 44 minutes 31 seconds West 27.56 feet;
THENCE with Smiley Road and the East line of said Texas & Pacific
Railway Survey, South 00 degrees 30 minutes 10 seconds West 1321.66
feet to an 1/2 inch iron rod found for corner, said corner being the
Northeast corner of a record 62.35 acre tract described in a deed to
Sekine Saraj, et al, recorded under Clerk's File No. 04-0005473;
THENCE North 89 degrees 25 minutes 27 seconds West at 28.05 feet
passing an 1/2 inch iron rod set for witness on the West margin of
Smiley Road and in all a total distance of 2040.69 feet to a 3/4 inch
iron rod found for the Northwestcorner of said 62.35 acre tract and
the Southeast corner hereof;
THENCE North 01 degrees 05 minutes 30 seconds East 18.26 feet to an
1/2 inch iron rod found for corner, same being an angle point in the
East line of a record 324.61 acre tract described in a Deed to Rita
A. Sorrells, recorded in Volume 4381, Page 1 of the Real Property
Records of Denton County;
THENCE North 00 degrees 44 minutes 22 seconds East 856.37 feet to an
1/2 inch iron rod found at an angle point of said 324.61 acre tract;
THENCE North 00 degrees 43 minutes 49 seconds East 435.74 feet to an
1/2 inch iron rod found for corner on the North line of said Texas &
Pacific Railway Survey, said corner being a Northeasterly corner of
said 324.61 acre tract, said corner also being the Southwest corner
of said WILLOW Wood Addition;
THENCE along the South line of WILLOW WOOD addition, South 89
degrees 44 minutes 31 seconds East a distance of 2035.25 feet to the
Place of BEGINNING and containing 61.57 acres of land.
All that certain tract or parcel of land lying and being situated in
Denton County, Texas, a part of the W.S. Ray Survey, Abstract
No. 1105, the A.E. Norwood Survey, Abstract No. 969, the J. Ray
Survey, Abstract No. 1104, the T. & P. Railroad Survey, Abstract
No. 1299 and the Thomas B. Cox Survey, Abstract No. 309, and being
and including all that same land conveyed to Rita L. SorrelIs in a
Correction Substitute Trustee's Deed recorded in Volume 4381, page
1 of the Real Property Records of Denton County, said tract or
parcel of land is herein described as follows; to wit:
BEGINNING at an 1/2 inch iron rod found on the Southeast
right-of-way line of F.M. Highway No. 428 at the Northerly
termination corner of a boundary line described in a Boundary Line
Agreement recorded under Denton County Clerk's File
No. 98-R0022137, said corner being the Northwest corner of the
premises herein described,
THENCE along the Southeast right-of-way line of said F.M. Highway
as follows:
1) North 48 degrees 43 minutes 38 seconds East 1792.49 feet to an
1/2 inch iron rod found;
2) North 48 degrees 44 minutes 09 seconds East 248.64 feet to an
1/2 inch iron rod found;
3) North 45 degrees 58 minutes 51 seconds East 100.06 feet to an
1/2 inch iron rod found, and
4) North 48 degrees 43 minutes 17 seconds East 673.75 feet to an
1/2 inch iron rod found for the Northeast corner hereof, said corner
being the Northwest corner of the Willow Wood, an addition to Denton
County according to the plat thereof recorded in Cabinet M, page 260
of the Plat Records of Denton County;
THENCE South 22 degrees 31 minutes 00 seconds East 1066.49 feet to
an 1/2 inch iron rod found at an angle corner hereof, said corner
being a Southwesterly corner of said Willow Wood;
THENCE South 46 degrees 49 minutes 39 seconds East 640.13 feet to an
1/2 inch iron rod found for corner, said corner being the Southwest
corner of Willow Wood;
THENCE South 00 degrees 45 minutes 11 seconds West 436.11 feet to an
1/2 inch iron rod found for corner;
THENCE South 00 degrees 44 minutes 22 seconds West 856.37 feet to an
1/2 inch iron rod found for corner;
THENCE South 01 degrees 05 minutes 30 seconds West 18.26 feet to a
3/4 inch iron rod found at the Southwest corner of a record 61.58
acre tract described in a Deed recorded in Volume 1554, page 883 of
the Real Property Records of Denton County;
THENCE South 00 degrees 33 minutes 36 seconds West 1324.91 feet to
an 1/2 inch iron rod found for corner;
THENCE South 89 degrees 51 minutes 55 seconds West 704.96 feet to an
1/2 inch iron rod found for a re-entrant corner hereof;
THENCE South 00 degrees 26 minutes 35 seconds West 1810.06 feet to
an 1/2 inch iron rod found for corner;
THENCE South 00 degrees 00 minutes 58 seconds West 865.64 feet to an
1/2 inch iron rod found in the center of an unimproved lane known as
Crutchfield Road;
THENCE North 89 degrees 36 minutes 31 seconds West along a line
following the approximate center of said unimproved lane a distance
of 1947.13 feet to a point for the Southeast corner of a record
40.00 acre tract described in a Deed to Frisco West, LTD., recorded
under Denton County Clerk's File No. 97-R0090325, said corner being
the Southwest corner hereof;
THENCE North 00 degrees 13 minutes 01 seconds East 4017.88 feet to
an 1/2 inch iron rod found at the Northeast corner of said record
40.00 acre tract for a re-entrant corner hereof;
THENCE North 88 degrees 52 minutes 02 seconds West 310.88 feet to an
1/2 inch iron rod found for a corner of said boundary line described
in said Boundary Line Agreement;
THENCE North 00 degrees 17 minutes 43 seconds East a distance of
838.26 feet to the Place of BEGINNING and containing 324.64 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 September 1, 2019.
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