H.B. No. 4693
AN ACT
relating to the creation of the Cole Ranch Improvement District No.
1 of Denton County, Texas; providing authority to impose an
assessment, impose a tax, 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 3981 to read as follows:
CHAPTER 3981. COLE RANCH IMPROVEMENT DISTRICT NO. 1 OF DENTON
COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3981.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Denton, Texas.
(3) "County" means Denton County, Texas.
(4) "Developer of property in the district" means a
developer of property in the district as determined by the
governing body of the city.
(5) "Director" means a board member.
(6) "District" means the Cole Ranch Improvement
District No. 1 of Denton County, Texas.
(7) "Operating agreement" means an agreement that
provides for:
(A) a general description of the improvement
projects that may be financed by the district; and
(B) the terms and conditions of:
(i) the financing of the improvement
projects described by Paragraph (A); and
(ii) the operation of the district.
(8) "Project agreement" means an agreement between the
city and a developer of property in the district that relates to any
aspect of the development of property in or outside the district.
The governing body of the city may determine whether an agreement
constitutes a project agreement for purposes of this chapter.
Sec. 3981.0102. NATURE OF DISTRICT. The Cole Ranch
Improvement District No. 1 of Denton County, Texas, is a special
district created under Section 59, Article XVI, Texas Constitution.
Sec. 3981.0103. PURPOSE; DECLARATION OF INTENT. (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.
(b) By creating the district and in authorizing the city,
the county, 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.
(c) 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.
(d) This chapter and the creation of the district may not be
interpreted to relieve the city and the county from providing the
level of services provided as of the effective date of the Act
enacting this chapter to the area in the district. The district is
created to supplement and not to supplant city or county services
provided in the district.
Sec. 3981.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) 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.
(b) The district is created to serve a public use and
benefit.
(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) promoting the affordability of housing; and
(4) developing or expanding transportation and
commerce.
(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 community and business center;
(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;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) 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.
(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. 3981.0105. 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 bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3981.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created by the
city under Chapter 311, Tax Code; or
(2) a tax abatement reinvestment zone created by the
city under Chapter 312, Tax Code.
Sec. 3981.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3981.0108. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Sec. 3981.0109. CITY CONSENT; OPERATING AGREEMENT AND
PROJECT AGREEMENT REQUIRED. (a) Except as provided in Subsection
(c), before the district may exercise any powers under this
chapter:
(1) the city must adopt an ordinance or resolution
consenting to the creation of the district and to the inclusion of
land in the district;
(2) the city and the district must negotiate and
execute a mutually approved and accepted operating agreement; and
(3) the city and each developer of property in the
district must negotiate and execute a project agreement.
(b) This chapter expires December 31, 2020, if:
(1) the city and the district have not executed the
operating agreement required by Subsection (a)(2); or
(2) the city and each developer of property in the
district have not executed a project agreement as required by
Subsection (a)(3).
(c) The board has the powers necessary, convenient, or
desirable to negotiate and execute a mutually approved and accepted
operating agreement.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3981.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of directors as provided in this section.
(b) Five directors are elected in the manner provided by
Subchapter D, Chapter 49, Water Code.
(c) The city may appoint one additional director to the
board.
(d) Section 375.063, Local Government Code, does not apply
to a director appointed by the city.
(e) If the city exercises its right to appoint a director
under Subsection (c), the board consists of six directors while the
appointed director serves on the board. If the city does not
exercise its right to appoint or reappoint a director under
Subsection (c), the board consists of five directors.
(f) Except as provided by Section 3981.0204, directors
serve staggered four-year terms.
Sec. 3981.0202. QUORUM. (a) Three members of the board
constitute a quorum regardless of whether the board has five or six
members.
(b) A majority vote of a quorum of the board is required for
official action.
(c) For purposes of determining the requirements for a
quorum of the board, the following are not counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification; or
(2) a director who is abstaining from participation in
a vote because of a conflict of interest.
Sec. 3981.0203. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
Sec. 3981.0204. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Byron Campbell;
(2) Ryan Miller;
(3) Shawn Street;
(4) Russell Hickey;
(5) Warren Threadgill; and
(6) a temporary director appointed by the city if the
city appoints a temporary director under Section 3981.0201(c).
(b) The temporary or successor temporary directors shall
hold an election as provided by Section 49.102, Water Code, to elect
the five permanent elected directors.
(c) Except for a temporary director appointed by the city,
temporary directors serve until the earlier of:
(1) the date the permanent elected directors are
elected under Subsection (b); or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(d) If the permanent elected directors have not been elected
under Subsection (b) and the terms of the temporary directors have
expired, successor temporary directors, other than a temporary
director appointed by the city, shall be appointed or reappointed
as provided by Subsection (e) to serve terms that expire on the
earlier of:
(1) the date the permanent elected directors are
elected under Subsection (b); or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(e) If Subsection (d) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the five
persons named in the petition.
(f) A temporary director appointed by the city serves until
the fourth anniversary of the effective date of the Act enacting
this chapter.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3981.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3981.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
district, using any money available to the district for the
purpose, may 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 contract with a governmental or private
entity to carry out an action under Subsection (a).
(c) The implementation of a district project or service is a
governmental function or service for the purposes of Chapter 791,
Government Code.
Sec. 3981.0303. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3981.0304. ADDING OR EXCLUDING LAND. (a) The district
may add or exclude land in the manner provided by Subchapter J,
Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water Code.
(b) A district may not add or exclude land unless the city
consents to the addition or exclusion.
Sec. 3981.0305. 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 district money.
Sec. 3981.0306. APPROVAL BY THE CITY. (a) The district
must obtain the approval of the city for:
(1) the plans and specifications of an improvement
project financed by bonds, notes, or other obligations; and
(2) the plans and specifications of an improvement
project related to the use of land owned by the city, an easement
granted by the city, or a right-of-way of a street, road, or
highway.
(b) City approval may be by an administrative process that
does not involve the city's governing body, unless approval of the
city's governing body is required by federal, state, or local law,
ordinance, or regulation.
(c) Before issuing bonds, the district must:
(1) provide to the city the documents authorizing the
bonds;
(2) provide to the city a certification from each
developer of property in the district that the developer is in
compliance with the terms and conditions of the developer's project
agreement with the city; and
(3) certify that the district is in compliance with
the terms and conditions of the ordinance or resolution consenting
to the creation of the district under Section 3981.0109 and the
operating agreement entered into under that section.
(d) The city must complete the city's review of the
documents and certifications required by Subsection (c) not later
than the 30th day after the date the city receives the documents and
certifications. The city may object to the issuance of the bonds if
the city determines that:
(1) the district is not in compliance with the terms
and conditions of the ordinance or resolution consenting to the
creation of the district under Section 3981.0109;
(2) the district is not in compliance with the
operating agreement entered into under Section 3981.0109; or
(3) a developer of property in the district is not in
compliance with the terms and conditions of a project agreement
that applies to the developer.
(e) If the city objects to the district's issuance of bonds,
the district must obtain the consent of the city's governing body to
the issuance of the bonds. The city's governing body may not
unreasonably withhold consent to the issuance of bonds.
(f) Section 375.207, Local Government Code, does not apply
to the district.
Sec. 3981.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3981.0401. PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owner or owners of a majority of the assessed value of real
property in the district subject to assessment according to the
most recent certified tax appraisal roll for the county.
Sec. 3981.0402. 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. Section 375.161, Local Government Code, does not apply
to an assessment imposed by 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:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are 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.
Sec. 3981.0403. IMPACT FEES PROHIBITED. The district may
not adopt or impose an impact fee.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3981.0501. TAX ELECTION REQUIRED. The district must
hold an election in the manner provided by Chapter 49, Water Code,
or, if applicable, Chapter 375, Local Government Code, to obtain
voter approval before the district may impose an ad valorem tax.
Sec. 3981.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 3981.0501, the district may impose an
operation and maintenance tax on taxable property in the district
in the manner provided by Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the operation and maintenance
tax rate. The rate may not exceed the rate approved at the
election.
Sec. 3981.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
terms determined by the board.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, revenue, contract payments, grants, or other district
money, or any combination of those sources of money, to pay for any
authorized district purpose.
(c) The principal amount of bonds issued by the district in
aggregate may not exceed 10 percent of the assessed value of all
real property in the district.
Sec. 3981.0504. BONDS SECURED BY REVENUE OR CONTRACT
PAYMENTS. The district may issue, without an election, bonds
secured by:
(1) revenue other than ad valorem taxes, including
contract revenues; or
(2) contract payments, provided that the requirements
of Section 49.108, Water Code, have been met.
Sec. 3981.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
3981.0501, the district may issue bonds payable from ad valorem
taxes.
(b) Section 375.243, Local Government Code, does not apply
to the district.
(c) At the time the district issues bonds payable wholly or
partly from ad valorem taxes, the board shall provide for the annual
imposition of a continuing direct annual ad valorem tax, without
limit as to rate or amount, for each year that all or part of the
bonds are outstanding as required and in the manner provided by
Sections 54.601 and 54.602, Water Code.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3981.0506. CITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the city is not required to pay a bond, note, or
other obligation of the district.
SUBCHAPTER F. DEFINED AREAS
Sec. 3981.0601. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district to pay for improvements,
facilities, or services that primarily benefit that area or
property and do not generally and directly benefit the district as a
whole.
Sec. 3981.0602. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax applicable only to the defined
area or designated property or issue bonds payable from ad valorem
taxes of the defined area or designated property, the board shall
hold an election as provided by Section 3981.0501 in the defined
area or designated property only.
(b) The board may submit the proposition to the voters on
the same ballot to be used in another election.
Sec. 3981.0603. DECLARING RESULT AND ISSUING ORDER.
(a) If a majority of the voters voting at the election held under
Section 3981.0602 approve the proposition or propositions, the
board shall declare the results and, by order, shall establish the
defined area or designated property and describe it by metes and
bounds or designate the specific area or property.
(b) The board's order is not subject to judicial review
except on the ground of fraud, palpable error, or arbitrary and
confiscatory abuse of discretion.
Sec. 3981.0604. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
approval and adoption of the order described by Section 3981.0603,
the district may apply separately, differently, equitably, and
specifically its taxing power and lien authority to the defined
area or designated property to provide money to construct,
administer, maintain, and operate services, improvements, and
facilities that primarily benefit the defined area or designated
property.
Sec. 3981.0605. ISSUANCE OF BONDS FOR DEFINED AREA OR
DESIGNATED PROPERTY. After the order under Section 3981.0603 is
adopted, the district may issue bonds to provide for any land,
improvements, facilities, plants, equipment, and appliances for
the defined area or designated property.
SUBCHAPTER G. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 3981.0701. DIVISION OF DISTRICT; PREREQUISITES. The
district may be divided into two or more new districts only if the
district:
(1) has never issued any bonds; and
(2) is not imposing ad valorem taxes.
Sec. 3981.0702. 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. 3981.0703. LIMITATION ON AREA OF NEW DISTRICT. A 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.
Sec. 3981.0704. DIVISION PROCEDURES. (a) 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.
(b) 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 temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the new districts.
(c) 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 Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
Sec. 3981.0705. DIRECTORS' ELECTION FOR NEW DISTRICT. A
new district created by the division of the district shall hold a
directors' election in the manner provided by Section 3981.0201.
Sec. 3981.0706. TAX OR BOND ELECTION. Before a new district
created by the division of the district may impose an operation and
maintenance tax under Section 3981.0502 or issue bonds payable
wholly or partly from ad valorem taxes, the new district must hold
an election as required by this chapter to obtain voter approval.
Sec. 3981.0707. CITY CONSENT. (a) City consent to the
creation of the district and to the inclusion of land in the
district granted under Section 3981.0109 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.
(b) A new district created by division of the district is
subject to the terms and conditions contained in the ordinance or
resolution consenting to the creation of the district under Section
3981.0109.
Sec. 3981.0708. OPERATING AGREEMENT AND PROJECT AGREEMENT.
(a) Except as provided by Subsection (b), before a new district
created by division of the district may exercise any powers under
this chapter:
(1) the new district must enter into:
(A) a joinder to the existing operating agreement
between the city and the district; or
(B) a separate operating agreement with the city;
and
(2) each developer of property in the new district
must enter into:
(A) a joinder to an existing project agreement
between the city and a developer of property in the district
applicable to the territory in the new district; or
(B) a separate project agreement with the city.
(b) A new district created by division of the district has
the powers necessary, convenient, or desirable to negotiate and
execute an agreement described by Subsection (a).
SUBCHAPTER H. DISSOLUTION
Sec. 3981.0801. DISSOLUTION. (a) The board shall dissolve
the district on written petition filed with the board by the owner
or owners of:
(1) 66 percent or more of the assessed value of the
property subject to assessment by the district based on the most
recent certified county property tax rolls; or
(2) 66 percent or more of the surface area of the
district, excluding roads, streets, highways, utility
rights-of-way, other public areas, and other property exempt from
assessment by the district according to the most recent certified
county property tax rolls.
(b) The board by majority vote may dissolve the district at
any time.
(c) The district may not be dissolved by its board under
Subsection (a) or (b) if the district:
(1) has any outstanding bonded indebtedness until that
bonded indebtedness has been repaid or defeased in accordance with
the order or resolution authorizing the issuance of the bonds;
(2) has a contractual obligation to pay money until
that obligation has been fully paid in accordance with the
contract; or
(3) owns, operates, or maintains public works,
facilities, or improvements unless the district contracts with
another person for the ownership, operation, or maintenance of the
public works, facilities, or improvements.
(d) Sections 375.261, 375.262, and 375.264, Local
Government Code, do not apply to the district.
SECTION 2. The Cole Ranch Improvement District No. 1 of
Denton County, Texas, initially includes all territory contained in
the following area:
TRACT 1 (North Tract):
SITUATED in Denton County, Texas in the J. W. Kjellberg
Survey, Abstract No. 1610, the James McDonald Survey, Abstract
No. 873, the I.W. Byerly Survey, Abstract No. 1458, the J. Dalton
Survey, Abstract No. 353, the J. A. Burn Survey, Abstract No. 132,
the T. & P. R. R., Abstract No. 1292, the A. C. Madden Survey,
Abstract No. 851, the I. N. Hembree Survey, Abstract No. 594, the
J. Bacon Survey, Abstract No. 1540, the Wm. Neill Survey, Abstract
No. 970, the B. B. B. & C.R.R. Co. Survey, Abstract No. 176, the T.
E. Carruth Survey, Abstract 1707, being a Survey of part of the
562.8 acre "First tract", a Survey of the 798.2 acre "Second Tract",
a Survey of part of the 640 acre "Third Tract" described in a deed
from T. E. Carruth, et al to M. T. Cole, dated December 22, 1931,
recorded in Volume 238, Page 410, a Survey of part of the 415 acre
tract described in a deed from Rudy Copeland and wife, Mary A.
Copeland to M. T. Cole, dated September 26, 1933, recorded in Volume
243, Page 572, both deeds of the Denton County Deed Records, being
described by metes and bounds as follows:
BEGINNING at an 1/2-inch iron pin found at the Northwest
corner of said 798.2 acre tract in the center of Tom Cole Road
(East-West asphalt road) and C. Wolfe Road (rock road) from the
South;
THENCE South 88 degrees 55 minutes 44 seconds East, generally
with the center of said Tom Cole Road, 4685.36 feet to an "x" cut in
a concrete bridge;
THENCE North 89 degrees 43 minutes 13 seconds East, generally
with the center of said Tom Cole Road, 2521.29 feet to a 3/4-inch
iron pin set in place of a nail found at the Northeast corner of said
798.2 acre tract;
THENCE South 00 degrees 23 minutes 40 seconds West, with the
East line of said 798.2 acre tract and generally near an old fence,
1865.00 feet to an 1/2-inch iron pin set by a corner post at the
East-Southeast corner of said 798.2 acre tract; same being in the
North line of said 640 acre tract;
THENCE South 88 degrees 52 minutes 00 seconds East, with the
North line of said 640 acre tract and generally near an old fence,
1616.90 feet to an 1/2-inch iron pin set near a corner post at the
Northwest corner of the 24.73 acre "Tract One" recorded in Volume
871, Page 137;
THENCE South 01 degree 07 minutes 58 seconds West, with the
West line of said 24.73 acre tract and generally near a fence,
950.05 feet to an 1/2-inch iron pin found at the West-Southwest
corner of said 24.73 acre tract;
THENCE South 88 degrees 58 minutes 35 seconds East, with a
South line of said 24.73 acre tract, 144.97 feet to an 1/2-inch iron
pin found at an inside corner of said 24.73 acre tract;
THENCE South 01 degree 05 minutes 17 seconds West, with a West
line of said 24.73 acre tract and with the West line of the 13.89
acre "Tract Two" in said Volume 871, Page 137, 699.86 feet to an
1/2-inch iron pin found at the Southwest corner of said 13.89 acre
tract; same being the Northwest corner of the 31.107 acre tract
recorded in Clerk's File No. 94-71013;
THENCE South 09 degrees 20 minutes 01 second West, with the
West line of said 31.107 acre tract, 1010.79 feet to an 1/2-inch
iron pin found at the Southwest corner of said 31.107 acre tract;
THENCE South 88 degrees 53 minutes 58 seconds East, with the
South line of said 31.107 acre tract, 1499.78 feet to an 1/2-inch
iron pin found at the Southeast corner of said 31.107 acre tract;
THENCE North 07 degrees 10 minutes 06 seconds West, with the
East line of said 31.107 acre tract, 1009.80 feet to an 1/2-inch
iron pin found at the Northeast corner of said 31.107 acre tract;
same being the Southeast corner of said 13.89 acre tract;
THENCE North 01 degree 06 minutes 57 seconds East, with the
East line of said 13.89 acre tract and an East line of said 24.73
acre tract 699.98 feet to an 1/2-inch iron pin found at an inside
corner of said 24.73 acre tract;
THENCE South 88 degrees 52 minutes 57 seconds East, with a
South line of said 24.73 acre tract, 144.76 feet to an 1/2-inch iron
pin found at the East-Southeast corner of said 24.73 acre tract;
THENCE North 01 degree 04 minutes 51 seconds East, with the
East line of said 24.73 acre tract, 629.19 feet to an 1/2-inch iron
pin found at the Northeast corner of said 24.73 acre tract;
THENCE North 89 degrees 25 minutes 26 seconds East, with the
South line of the Southeast Airport Addition recorded in Volume G,
Page 295 of the Denton County Plat Records, 1534.00 feet to an
1/2-inch iron pin found at the Southeast corner of said Airport
Addition, in the center of Westcourt Road (North-South asphalt
road);
THENCE South 00 degrees 38 minutes 25 seconds West, with an
East line of said 415 acre tract and generally with the center of
said Westcourt Road, 1150.78 feet to a 5/8-inch iron pin found at an
inside corner of said 415 acre tract;
THENCE North 89 degrees 48 minutes 14 seconds East, generally
along Spring Side Road, 870.00 feet to an 1/2-inch iron pin found at
the Northwest corner of the 10 acre tract recorded in Volume 971,
Page 251;
THENCE southerly along the East side of Underwood Road
(North-South asphalt road) as follows:
South 00 degrees 11 minutes 34 seconds East, 646.53 feet to a
5-inch pipe corner post;
South 00 degrees 48 minutes 00 seconds East, generally near a
fence for part of the way, 645.16 feet to a 5-inch pipe corner post;
South 00 degrees 41 minutes 32 seconds East, 547.42 feet to a
5/8-inch iron pin found at the North-Northwest corner of the 76.768
acre tract recorded in Volume 1166, Page 235;
South 00 degrees 00 minutes 11 seconds West, with a West line
of said 76.768 acre tract and generally near a wood fence for part
of the way, 344.00 feet to an 1/2-inch iron pin set at an inside
corner of said 76.768 acre tract;
THENCE South 89 degrees 58 minutes 11 seconds West, with a
North line of said 76.768 acre tract and crossing said Underwood
Road, 125.00 feet to an 1/2-inch iron pin set at the West-Northwest
corner of said 76.768 acre tract;
THENCE South 00 degrees 15 minutes 42 seconds East, with the
West line of said 76.768 acre tract and on the West side of said
Underwood Road, passing the Southwest corner of said 76.768 acre
tract and continuing in all, 1561.35 feet to an 1/2-inch iron pin
found near said Underwood Road; same being the North-Northwest
corner of the 96.85 acre tract recorded in Clerk's File
No. 98-117450;
THENCE South 01 degree 54 minutes 54 seconds West, with a West
line of said 96.85 acre tract and generally with said Underwood
Road, 1205.51 feet to an one inch iron pin found at the an inside
corner of said 96.85 acre tract; same being the Southeast corner of
said 415 acre tract; same being where said road turns West;
THENCE North 89 degrees 27 minutes 33 seconds West, with the
South line of said 415 acre tract and generally with the center of
said Underwood Road, 1362.76 feet to an 1/2-inch iron pin set at the
East-Southeast corner of the 18.726 acre "Tract II" recorded in
Volume 489, Page 551 of the right-of-way of Farm Road No. 2449;
THENCE North 00 degrees 28 minutes 37 seconds East, with the
East line of said 18.726 acre tract and the right-of-way line of
said Farm Road No. 2449, 45.00 feet to an 1/2-inch iron pin set at
the Northeast corner of said 18.726 acre tract;
THENCE with the North line of said 18.726 acre tract, the
North right-of-way line of said Farm Road No. 2449 and generally
near a fence as follows:
North 89 degrees 31 minutes 23 seconds West, 2944.75 feet to
an 1/2-inch iron pin set;
South 89 degrees 46 minutes 37 seconds West, 7200.01 feet to
an 1/2-inch iron pin set;
North 84 degrees 30 minutes 45 seconds West, 100.50 feet to an
1/2-inch iron pin set;
South 89 degrees 46 minutes 37 seconds West, 200.00 feet to an
1/2-inch iron pin set;
South 84 degrees 03 minutes 59 seconds West, 100.50 feet to an
1/2-inch iron pin set;
South 89 degrees 46 minutes 37 seconds West, 678.22 feet to an
1/2-inch iron pin set;
North 44 degrees 49 minutes 38 seconds West, 39.98 feet to an
1/2-inch iron pin set at the Northwest corner of said 18.726 acre
tract; same being in the East line of said C. Wolfe Road;
THENCE North 00 degrees 30 minutes 56 seconds East, with the
East line of said C. Wolfe Road and generally near a fence, 1353.53
feet to an 1/2-inch iron pin set;
THENCE North 89 degrees 32 minutes 13 seconds West, 17.14
feet to an 1/2-inch iron pin set in the center of said C. Wolfe Road,
in the West line of said 798.2 acre tract;
THENCE North 00 degrees 32 minutes 15 seconds East, with the
West line of said 798.2 acre tract and generally with the center of
said C. Wolfe Road, 6972.35 feet to the PLACE OF BEGINNING and
containing 2049.00 acres.
TRACT 2 (South Tract):
SITUATED in Denton County, Texas in the S. Paine Survey,
Abstract No. 1035, the M. Paine Survey, Abstract No. 1036, the
George West Survey, Abstract No. 1393, the B. B. B. & C.R.R. Co.
Survey, Abstract No. 176, the E.N. Oliver Survey, Abstract No. 989,
the J. T. Evans Survey, Abstract No. 411, the C. Manchaca Survey,
Abstract No. 789, the G. W. Pettingale Survey, Abstract No. 1041,
the J. W. Kjellberg Survey, Abstract No. 1610, being a Survey of
part of 1.086 acre tract described in a deed from Maurine P. Myers,
et al to M. T. Cole Trust NO. 1, recorded in Volume 1018, Page 453,
being a Survey of part of the 562.8 acre "First tract" described in
a deed from T. E. Carruth, et al to M. T. Cole, dated December 22,
1931, recorded in Volume 238, Page 410, a Survey of the 640 acre
tract described in a Deed from T. E. Carruth, et al to M. T. Cole,
dated January 4, 1935, recorded in Volume 250, Page 121, a Survey of
the 429-3/4 acre tract described in a deed from T. E. Carruth, et al
to M. T. Cole, dated March 28, 1936, recorded in Volume 256, Page
285, all Deeds of the Denton County Deed Records, being described by
metes and bounds as follows:
BEGINNING at an 1/2-inch iron pin set in a broke off Bois
d'arc corner post at the Southwest corner of said 640 acre tract;
same being in the East line of the 320.350 acre tract recorded in
Clerk's File No. 99-67258;
THENCE North 00 degrees 35 minutes 15 seconds East, with the
East line of said 320.350 acre tract and generally near a fence,
3057.12 feet to a 5/8-inch iron pin found at the Northeast corner of
said 320.350 acre tract;
THENCE North 89 degrees 23 minutes 04 seconds West, with the
North line of said 320.350 acre tract, 153.52 feet to an 1/2-inch
iron pin set in the West line of said 1.086 acre tract; same being on
the East side of H. Lively Road (rock road);
THENCE northerly with the East side of said H. Lively Road,
with the West line of said 1.086 acre tract and generally near a
fence as follows:
North 49 degrees 11 minutes 19 seconds East, 31.80 feet to an
1/2-inch iron pin set;
North 06 degrees 29 minutes 42 seconds East, 103.71 feet to an
1/2-inch iron pin set;
North 07 degrees 48 minutes 12 seconds East, 90.24 feet to an
1/2-inch iron pin set;
North 19 degrees 36 minutes 29 seconds East, 83.19 feet to an
1/2-inch iron pin set;
North 17 degrees 17 minutes 59 seconds East, 221.61 feet to an
1/2-inch iron pin set at the Northwest corner of said 1.086 acre
tract;
THENCE South 89 degrees 52 minutes 01 second East, with the
North line of said 1.086 acre tract, 17.07 feet to an 1/2-inch iron
pin found at the Northeast corner of said 1.086 acre tract; same
being in the East line of the 160.939 acre tract recorded in Volume
1300, Page 933;
THENCE northerly with the East line of said 160.939 acre
tract, the East side of said H. Lively Road and generally near a
fence as follows:
North 00 degrees 48 minutes 45 seconds East, 72.34 feet to an
1/2-inch iron pin found;
North 00 degrees 23 minutes 31 seconds East, 2695.55 feet to
an 1/2-inch iron pin set in the South right-of-way line of Farm Road
No. 2449;
THENCE easterly with the South right-of-way line of said Farm
Road No. 2449 and generally near a fence as follows:
North 45 degrees 10 minutes 52 seconds East, 41.58 feet to an
1/2-inch iron pin set;
North 89 degrees 46 minutes 37 seconds East, 679.48 feet to an
1/2-inch iron pin set;
South 84 degrees 30 minutes 45 seconds East, 100.50 feet to an
1/2-inch iron pin set;
North 89 degrees 46 minutes 37 seconds East, 200.00 feet to an
60d nail set in top of a wood right-of-way marker;
North 84 degrees 03 minutes 59 seconds East, 100.50 feet to an
1/2-inch iron pin set;
North 89 degrees 46 minutes 37 seconds East, 1462.48 feet to
an 1/2-inch iron pin found at the Northwest corner of the 18.28 acre
tract recorded in Volume 5, Page 709 of the Lis Pendens records of
Denton County, Texas
THENCE South 00 degrees 16 minutes 13 seconds East, with an
West line of said 18.28 acre tract and generally near a fence 711.07
feet to an 1/2-inch iron pin found by a corner post at the Southwest
corner of said 18.28 acre tract;
THENCE North 89 degrees 45 minutes 23 seconds East, with the
South line of said 18.28 acre tract and generally near a fence,
1119.68 feet to an 1/2-inch iron pin found by a corner post at the
Southeast corner of said 18.28 acre tract;
THENCE North 00 degrees 12 minutes 56 seconds West, with the
East line of said 18.28 acre tract and generally near a fence,
710.67 feet to an 1/2-inch iron pin set at the Northeast corner of
said 18.28 acre tract, in the South right-of-way line of said Farm
Road No. 2449;
THENCE North 89 degrees 46 minutes 37 seconds East, with the
North right-of-way line of said Farm Road No. 2449 and generally
near a fence, 4616.62 feet to an 1/2-inch iron pin set in an East
line of said 562.8 acre tract;
THENCE South 00 degrees 09 minutes 33 seconds West, with an
East line of said 562.8 acre tract and generally with the center of
a rock road 1652.60 feet to an 1/2-inch iron pin set at the
South-Southeast corner of said 562.8 acre tract, where said road
turns to the West;
THENCE North 89 degrees 28 minutes 35 seconds West, with the
South line of said 562.8 acre tract and generally with the center of
said rock road, 254.68 feet to an 1/2-inch iron pin set in place of a
60d nail found at the North-Northeast corner of said 429-3/4 acre
tract;
THENCE South 00 degrees 24 minutes 30 seconds West, with an
East line of said 429-3/4 acre tract and generally near an old
fence, 2169.07 feet to a Bois d'arc corner post found at the inside
corner of said 429-3/4 acre tract;
THENCE South 89 degrees 56 minutes 06 seconds East, with a
North line of said 429-3/4 acre tract and generally near the
evidence of an old fence, passing an 1/2-inch iron pin set by a
corner post at 3125.59 feet and continuing in all, 3151.06 feet to a
point on the West edge of John Paine Road (North-South rock road);
same being in a West line of the 2329.49 acre tract recorded in
Clerk's File No. 98-117450;
THENCE South 00 degrees 33 minutes 24 seconds West, with a
West line of said 2329.49 acre tract and with the West edge of said
John Paine Road, 2545.07 feet to an 1/2-inch iron pin found at the
Southeast corner of said 429-3/4 acre tract and an inside corner of
said 2329.49 acre tract;
THENCE North 89 degrees 47 minutes 59 seconds West, with the
South line of said 429-3/4 acre tract, a North line of said 2329.49
acre tract and generally near an old fence, 5406.60 feet to a Bois
d'arc corner post found at the Southwest corner of said 429-3/4 acre
tract and a Northwest corner of said 2329.49 acre tract;
THENCE South 01 degree 59 minutes 48 seconds West, with a West
line of said 2329.49 acre tract and generally near a fence, 92.25
feet to a Bois d'arc corner post found at an inside corner of said
2329.49 acre tract and the Southeast corner of said 640 acre tract;
an one inch iron pipe found bears South 87 degrees 45 minutes 56
seconds East, 3.46 feet;
THENCE North 89 degrees 30 minutes 24 seconds West, with the
South line of said 640 acre tract, a North line of said 2329.49 acre
tract and generally near an old fence for most of the way, 5806.65
feet to the PLACE OF BEGINNING and containing 1357.12 acres.
SAVE AND EXCEPT THE FOLLOWING TRACTS OF LAND:
Except Tract 1:
22.18748 acres of land situated in Denton County, Texas, in
the George West Survey, Abstract No. 1393 and the G.W. Pettingale
Survey, Abstract No. 1041, being more particularly described in
that certain Special Warranty Deed from SLF II Cole Property, L.P.
to Corporation of the Episcopal Diocese of Dallas dated to be
effective as of February 29, 2008 and recorded on March 4, 2008 as
Instrument No. 2008-22241 in the Real Property Records of Denton
County, Texas.
Except Tract 2:
184.812 acres of land situated in Denton County, Texas, in
the William Neill Survey, Abstract No. 970, the John Bacon Survey,
Abstract No. 1540, the Isaac N. Hambree Survey, Abstract No. 594,
the Jeremiah Dalton Survey, Abstract No. 353 and the J.W. Kjellberg
Survey, Abstract No. 1610, being more particularly described in
that certain Special Warranty Deed from SLF II Cole Property, L.P.
to Aldi (Texas) L.L.C. dated to be effective as of May 8, 2008 and
recorded on May 8, 2008 as Instrument No. 2008-50360 in the Real
Property Records of Denton County, Texas.
Except Tract 3:
0.247 acre of land situated in Denton County, Texas, in the
Jeremiah Dalton Survey, Abstract No. 353, being more particularly
described in that certain Donation Deed from SLF II Cole Property,
L.P. to Denton County, Texas dated to be effective as of September
1, 2010 and recorded on October 26, 2010 as Instrument
No. 2010-107113 in the Real Property Records of Denton County,
Texas, and recorded again on July 25, 2011 as Instrument
No. 2011-68617 in the Real Property Records of Denton County,
Texas.
Except Tract 4:
29.444 acres of land, situated in the J. McDonald Survey,
A-873, Denton County, Texas, and being more particularly described
in that certain Special Warranty Deed from SLF II Cole Property,
L.P. to the City of Denton, Texas dated to be effective as of
December 27, 2016 and recorded on December 29, 2016 as Instrument
No. 163835 in the Real Property Records of Denton County, Texas.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4693 was passed by the House on May
10, 2019, by the following vote: Yeas 122, Nays 19, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4693 was passed by the Senate on May
22, 2019, by the following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor