Texas 2019 - 86th Regular

Texas Senate Bill SB2537 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R19451 SMT-F
2	2	By: Fallon S.B. No. 2537
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Dynavest Municipal Management
7	7	District No. 1; providing authority to issue bonds; providing
8	8	authority to impose assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 4, Special District Local Laws
11	11	Code, is amended by adding Chapter 3986 to read as follows:
12	12	CHAPTER 3986. DYNAVEST MUNICIPAL MANAGEMENT DISTRICT NO. 1
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 3986.0101. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "City" means the City of Celina.
17	17	(3) "Director" means a board member.
18	18	(4) "District" means the Dynavest Municipal
19	19	Management District No. 1.
20	20	Sec. 3986.0102. NATURE OF DISTRICT. The Dynavest Municipal
21	21	Management District No. 1 is a special district created under
22	22	Section 59, Article XVI, Texas Constitution.
23	23	Sec. 3986.0103. PURPOSE; DECLARATION OF INTENT. (a) The
24	24	creation of the district is essential to accomplish the purposes of
25	25	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
26	26	Texas Constitution, and other public purposes stated in this
27	27	chapter.
28	28	(b) By creating the district and in authorizing the city and
29	29	other political subdivisions to contract with the district, the
30	30	legislature has established a program to accomplish the public
31	31	purposes set out in Section 52-a, Article III, Texas Constitution.
32	32	(c) The creation of the district is necessary to promote,
33	33	develop, encourage, and maintain employment, commerce,
34	34	transportation, housing, tourism, recreation, the arts,
35	35	entertainment, economic development, safety, and the public
36	36	welfare in the district.
37	37	(d) This chapter and the creation of the district may not be
38	38	interpreted to relieve the city from providing the level of
39	39	services provided as of the effective date of the Act enacting this
40	40	chapter to the area in the district. The district is created to
41	41	supplement and not to supplant city services provided in the
42	42	district.
43	43	Sec. 3986.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
44	44	(a) All land and other property included in the district will
45	45	benefit from the improvements and services to be provided by the
46	46	district under powers conferred by Sections 52 and 52-a, Article
47	47	III, and Section 59, Article XVI, Texas Constitution, and other
48	48	powers granted under this chapter.
49	49	(b) The district is created to serve a public use and
50	50	benefit.
51	51	(c) The creation of the district is in the public interest
52	52	and is essential to further the public purposes of:
53	53	(1) developing and diversifying the economy of the
54	54	state;
55	55	(2) eliminating unemployment and underemployment; and
56	56	(3) developing or expanding transportation and
57	57	commerce.
58	58	(d) The district will:
59	59	(1) promote the health, safety, and general welfare of
60	60	residents, employers, potential employees, employees, visitors,
61	61	and consumers in the district, and of the public;
62	62	(2) provide needed funding for the district to
63	63	preserve, maintain, and enhance the economic health and vitality of
64	64	the district territory as a community and business center;
65	65	(3) promote the health, safety, welfare, and enjoyment
66	66	of the public by providing pedestrian ways and by landscaping and
67	67	developing certain areas in the district, which are necessary for
68	68	the restoration, preservation, and enhancement of scenic beauty;
69	69	and
70	70	(4) provide for water, wastewater, drainage, road, and
71	71	recreational facilities for the district.
72	72	(e) Pedestrian ways along or across a street, whether at
73	73	grade or above or below the surface, and street lighting, street
74	74	landscaping, parking, and street art objects are parts of and
75	75	necessary components of a street and are considered to be a street
76	76	or road improvement.
77	77	(f) The district will not act as the agent or
78	78	instrumentality of any private interest even though the district
79	79	will benefit many private interests as well as the public.
80	80	Sec. 3986.0105. INITIAL DISTRICT TERRITORY. (a) The
81	81	district is initially composed of the territory described by
82	82	Section 2 of the Act enacting this chapter.
83	83	(b) The boundaries and field notes contained in Section 2 of
84	84	the Act enacting this chapter form a closure. A mistake in the
85	85	field notes or in copying the field notes in the legislative process
86	86	does not affect the district's:
87	87	(1) organization, existence, or validity;
88	88	(2) right to issue any type of bonds for the purposes
89	89	for which the district is created or to pay the principal of and
90	90	interest on the bonds;
91	91	(3) right to impose or collect an assessment or tax; or
92	92	(4) legality or operation.
93	93	Sec. 3986.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
94	94	All or any part of the area of the district is eligible to be
95	95	included in:
96	96	(1) a tax increment reinvestment zone created under
97	97	Chapter 311, Tax Code; or
98	98	(2) a tax abatement reinvestment zone created under
99	99	Chapter 312, Tax Code.
100	100	Sec. 3986.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
101	101	DISTRICTS LAW. Except as otherwise provided by this chapter,
102	102	Chapter 375, Local Government Code, applies to the district.
103	103	Sec. 3986.0108. CONSTRUCTION OF CHAPTER. This chapter
104	104	shall be liberally construed in conformity with the findings and
105	105	purposes stated in this chapter.
106	106	Sec. 3986.0109. COMPLIANCE WITH AND ENFORCEABILITY OF
107	107	MUNICIPAL CONSENT AGREEMENT, ORDINANCE, OR RESOLUTION. (a) The
108	108	district shall comply with all applicable requirements of any
109	109	ordinance or resolution that consents to the creation of the
110	110	district or to the inclusion of land in the district.
111	111	(b) Any agreement between the district and a municipality
112	112	related to the municipality's consent to the creation of the
113	113	district, including a development agreement, is valid and
114	114	enforceable.
115	115	SUBCHAPTER B. BOARD OF DIRECTORS
116	116	Sec. 3986.0201. GOVERNING BODY; TERMS. (a) The district is
117	117	governed by a board of five elected directors who serve staggered
118	118	terms of four years.
119	119	(b) Directors are elected in the manner provided by
120	120	Subchapter D, Chapter 49, Water Code.
121	121	Sec. 3986.0202. COMPENSATION; EXPENSES. (a) The district
122	122	may compensate each director in an amount not to exceed $150 for
123	123	each board meeting. The total amount of compensation for each
124	124	director in one year may not exceed $7,200.
125	125	(b) A director is entitled to reimbursement for necessary
126	126	and reasonable expenses incurred in carrying out the duties and
127	127	responsibilities of the board.
128	128	Sec. 3986.0203. INITIAL DIRECTORS. (a) The initial board
129	129	consists of the following directors:
130	130	Pos. No. Name of Director Pos. No. Name of Director
131	131	Pos. No. Name of Director
132	132	1 ____________ 1 ____________
133	133	1 ____________
134	134	2 ____________ 2 ____________
135	135	2 ____________
136	136	3 ____________ 3 ____________
137	137	3 ____________
138	138	4 ____________ 4 ____________
139	139	4 ____________
140	140	5 ____________ 5 ____________
141	141	5 ____________
142	142	(b) The initial directors shall hold an election to elect
143	143	five permanent directors as provided by Section 49.102, Water Code.
144	144	(c) Initial directors serve until the earlier of:
145	145	(1) the date permanent directors are elected under
146	146	Subsection (b); or
147	147	(2) the fourth anniversary of the effective date of
148	148	the Act enacting this chapter.
149	149	(d) If permanent directors have not been elected under
150	150	Subsection (b) and the terms of the initial directors have expired,
151	151	successor initial directors shall be appointed or reappointed as
152	152	provided by Subsection (e) to serve terms that expire on the earlier
153	153	of:
154	154	(1) the date permanent directors are elected under
155	155	Subsection (b); or
156	156	(2) the fourth anniversary of the date of the
157	157	appointment or reappointment.
158	158	(e) If Subsection (d) applies, the owner or owners of a
159	159	majority of the assessed value of the real property in the district
160	160	according to the most recent certified tax appraisal roll for the
161	161	county may submit a petition to the commission requesting that the
162	162	commission appoint as successor initial directors the five persons
163	163	named in the petition. The commission shall appoint as successor
164	164	initial directors the five persons named in the petition.
165	165	SUBCHAPTER C. POWERS AND DUTIES
166	166	Sec. 3986.0301. GENERAL POWERS AND DUTIES. The district
167	167	has the powers and duties necessary to accomplish the purposes for
168	168	which the district is created.
169	169	Sec. 3986.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
170	170	district, using any money available to the district for the
171	171	purpose, may provide, design, construct, acquire, improve,
172	172	relocate, operate, maintain, or finance an improvement project or
173	173	service authorized under this chapter or Chapter 375, Local
174	174	Government Code.
175	175	(b) The district may contract with a governmental or private
176	176	entity to carry out an action under Subsection (a).
177	177	(c) The implementation of a district project or service is a
178	178	governmental function or service for the purposes of Chapter 791,
179	179	Government Code.
180	180	Sec. 3986.0303. NONPROFIT CORPORATION. (a) The board by
181	181	resolution may authorize the creation of a nonprofit corporation to
182	182	assist and act for the district in implementing a project or
183	183	providing a service authorized by this chapter.
184	184	(b) The nonprofit corporation:
185	185	(1) has each power of and is considered to be a local
186	186	government corporation created under Subchapter D, Chapter 431,
187	187	Transportation Code; and
188	188	(2) may implement any project and provide any service
189	189	authorized by this chapter.
190	190	(c) The board shall appoint the board of directors of the
191	191	nonprofit corporation. The board of directors of the nonprofit
192	192	corporation shall serve in the same manner as the board of directors
193	193	of a local government corporation created under Subchapter D,
194	194	Chapter 431, Transportation Code, except that a board member is not
195	195	required to reside in the district.
196	196	Sec. 3986.0304. LAW ENFORCEMENT SERVICES. To protect the
197	197	public interest, the district may contract with a qualified party,
198	198	including the city, to provide law enforcement services in the
199	199	district for a fee.
200	200	Sec. 3986.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
201	201	The district may join and pay dues to a charitable or nonprofit
202	202	organization that performs a service or provides an activity
203	203	consistent with the furtherance of a district purpose.
204	204	Sec. 3986.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
205	205	district may engage in activities that accomplish the economic
206	206	development purposes of the district.
207	207	(b) The district may establish and provide for the
208	208	administration of one or more programs to promote state or local
209	209	economic development and to stimulate business and commercial
210	210	activity in the district, including programs to:
211	211	(1) make loans and grants of public money; and
212	212	(2) provide district personnel and services.
213	213	(c) The district may create economic development programs
214	214	and exercise the economic development powers provided to
215	215	municipalities by:
216	216	(1) Chapter 380, Local Government Code; and
217	217	(2) Subchapter A, Chapter 1509, Government Code.
218	218	Sec. 3986.0307. PARKING FACILITIES. (a) The district may
219	219	acquire, lease as lessor or lessee, construct, develop, own,
220	220	operate, and maintain parking facilities or a system of parking
221	221	facilities, including lots, garages, parking terminals, or other
222	222	structures or accommodations for parking motor vehicles off the
223	223	streets and related appurtenances.
224	224	(b) The district's parking facilities serve the public
225	225	purposes of the district and are owned, used, and held for a public
226	226	purpose even if leased or operated by a private entity for a term of
227	227	years.
228	228	(c) The district's parking facilities are parts of and
229	229	necessary components of a street and are considered to be a street
230	230	or road improvement.
231	231	(d) The development and operation of the district's parking
232	232	facilities may be considered an economic development program.
233	233	Sec. 3986.0308. ADDING OR EXCLUDING LAND. The district may
234	234	add or exclude land in the manner provided by Subchapter J, Chapter
235	235	49, Water Code, or by Subchapter H, Chapter 54, Water Code.
236	236	Sec. 3986.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
237	237	board by resolution shall establish the number of directors'
238	238	signatures and the procedure required for a disbursement or
239	239	transfer of district money.
240	240	Sec. 3986.0310. DIVISION OF DISTRICT. (a) The district may
241	241	be divided into two or more new districts only if the district:
242	242	(1) has no outstanding bonded debt; and
243	243	(2) is not imposing ad valorem taxes.
244	244	(b) This chapter applies to any new district created by the
245	245	division of the district, and a new district has all the powers and
246	246	duties of the district.
247	247	(c) Any new district created by the division of the district
248	248	may not, at the time the new district is created, contain any land
249	249	outside the area described by Section 2 of the Act enacting this
250	250	chapter.
251	251	(d) The board, on its own motion or on receipt of a petition
252	252	signed by the owner or owners of a majority of the assessed value of
253	253	the real property in the district, may adopt an order dividing the
254	254	district.
255	255	(e) An order dividing the district must:
256	256	(1) name each new district;
257	257	(2) include the metes and bounds description of the
258	258	territory of each new district;
259	259	(3) appoint initial directors for each new district;
260	260	and
261	261	(4) provide for the division of assets and liabilities
262	262	between or among the new districts.
263	263	(f) On or before the 30th day after the date of adoption of
264	264	an order dividing the district, the district shall file the order
265	265	with the commission and record the order in the real property
266	266	records of each county in which the district is located.
267	267	(g) Municipal consent to the creation of the district and to
268	268	the inclusion of land in the district acts as municipal consent to
269	269	the creation of any new district created by the division of the
270	270	district and to the inclusion of land in the new district.
271	271	(h) A new district created by the division of the district
272	272	must hold an election as required by Section 3986.0501 to obtain
273	273	voter approval before the district may impose a maintenance tax or
274	274	issue bonds payable wholly or partly from ad valorem taxes.
275	275	Sec. 3986.0311. NO EMINENT DOMAIN POWER. The district may
276	276	not exercise the power of eminent domain.
277	277	SUBCHAPTER D. ASSESSMENTS
278	278	Sec. 3986.0401. PETITION REQUIRED FOR FINANCING SERVICES
279	279	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
280	280	service or improvement project with assessments under this chapter
281	281	unless a written petition requesting that service or improvement
282	282	has been filed with the board.
283	283	(b) A petition filed under Subsection (a) must be signed by
284	284	the owners of a majority of the assessed value of real property in
285	285	the district subject to assessment according to the most recent
286	286	certified tax appraisal roll for the county.
287	287	Sec. 3986.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
288	288	The board by resolution may impose and collect an assessment for any
289	289	purpose authorized by this chapter in all or any part of the
290	290	district.
291	291	(b) An assessment, a reassessment, or an assessment
292	292	resulting from an addition to or correction of the assessment roll
293	293	by the district, penalties and interest on an assessment or
294	294	reassessment, an expense of collection, and reasonable attorney's
295	295	fees incurred by the district:
296	296	(1) are a first and prior lien against the property
297	297	assessed;
298	298	(2) are superior to any other lien or claim other than
299	299	a lien or claim for county, school district, or municipal ad valorem
300	300	taxes; and
301	301	(3) are the personal liability of and a charge against
302	302	the owners of the property even if the owners are not named in the
303	303	assessment proceedings.
304	304	(c) The lien is effective from the date of the board's
305	305	resolution imposing the assessment until the date the assessment is
306	306	paid. The board may enforce the lien in the same manner that the
307	307	board may enforce an ad valorem tax lien against real property.
308	308	(d) The board may make a correction to or deletion from the
309	309	assessment roll that does not increase the amount of assessment of
310	310	any parcel of land without providing notice and holding a hearing in
311	311	the manner required for additional assessments.
312	312	SUBCHAPTER E. TAXES AND BONDS
313	313	Sec. 3986.0501. TAX ELECTION REQUIRED. The district must
314	314	hold an election in the manner provided by Chapter 49, Water Code,
315	315	or, if applicable, Chapter 375, Local Government Code, to obtain
316	316	voter approval before the district may impose an ad valorem tax.
317	317	Sec. 3986.0502. OPERATION AND MAINTENANCE TAX. (a) If
318	318	authorized by a majority of the district voters voting at an
319	319	election under Section 3986.0501, the district may impose an
320	320	operation and maintenance tax on taxable property in the district
321	321	in the manner provided by Section 49.107, Water Code, for any
322	322	district purpose, including to:
323	323	(1) maintain and operate the district;
324	324	(2) construct or acquire improvements; or
325	325	(3) provide a service.
326	326	(b) The board shall determine the operation and maintenance
327	327	tax rate. The rate may not exceed the rate approved at the
328	328	election.
329	329	Sec. 3986.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
330	330	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
331	331	terms determined by the board.
332	332	(b) The district may issue bonds, notes, or other
333	333	obligations payable wholly or partly from ad valorem taxes,
334	334	assessments, impact fees, revenue, contract payments, grants, or
335	335	other district money, or any combination of those sources of money,
336	336	to pay for any authorized district purpose.
337	337	Sec. 3986.0504. BONDS SECURED BY REVENUE OR CONTRACT
338	338	PAYMENTS. The district may issue, without an election, bonds
339	339	secured by:
340	340	(1) revenue other than ad valorem taxes, including
341	341	contract revenues; or
342	342	(2) contract payments, provided that the requirements
343	343	of Section 49.108, Water Code, have been met.
344	344	Sec. 3986.0505. BONDS SECURED BY AD VALOREM TAXES;
345	345	ELECTIONS. (a) If authorized at an election under Section
346	346	3986.0501, the district may issue bonds payable from ad valorem
347	347	taxes.
348	348	(b) Section 375.243, Local Government Code, does not apply
349	349	to the district.
350	350	(c) At the time the district issues bonds payable wholly or
351	351	partly from ad valorem taxes, the board shall provide for the annual
352	352	imposition of a continuing direct annual ad valorem tax, without
353	353	limit as to rate or amount, for each year that all or part of the
354	354	bonds are outstanding as required and in the manner provided by
355	355	Sections 54.601 and 54.602, Water Code.
356	356	(d) All or any part of any facilities or improvements that
357	357	may be acquired by a district by the issuance of its bonds may be
358	358	submitted as a single proposition or as several propositions to be
359	359	voted on at the election.
360	360	Sec. 3986.0506. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT
361	361	UNDER AGREEMENT. If the improvements financed by an obligation
362	362	will be conveyed to or operated and maintained by a municipality or
363	363	retail utility provider under an agreement between the district and
364	364	the municipality or retail utility provider entered into before the
365	365	issuance of the obligation, the obligation may be in the form of
366	366	bonds, notes, or other obligations payable wholly or partly from
367	367	assessments, issued by public or private sale, in the manner
368	368	provided by Subchapter A, Chapter 372, Local Government Code.
369	369	Sec. 3986.0507. CONSENT OF MUNICIPALITY REQUIRED. (a) The
370	370	board may not issue bonds until each municipality in whose
371	371	corporate limits or extraterritorial jurisdiction the district is
372	372	located has consented by ordinance or resolution to the creation of
373	373	the district and to the inclusion of land in the district.
374	374	(b) This section applies only to the district's first
375	375	issuance of bonds payable from ad valorem taxes.
376	376	SUBCHAPTER I. DISSOLUTION
377	377	Sec. 3986.0901. DISSOLUTION. (a) The board shall dissolve
378	378	the district on written petition filed with the board by the owners
379	379	of:
380	380	(1) 66 percent or more of the assessed value of the
381	381	property subject to assessment by the district based on the most
382	382	recent certified county property tax rolls; or
383	383	(2) 66 percent or more of the surface area of the
384	384	district, excluding roads, streets, highways, utility
385	385	rights-of-way, other public areas, and other property exempt from
386	386	assessment by the district according to the most recent certified
387	387	county property tax rolls.
388	388	(b) The board by majority vote may dissolve the district at
389	389	any time.
390	390	(c) The district may not be dissolved by its board under
391	391	Subsection (a) or (b) if the district:
392	392	(1) has any outstanding debt until that debt has been
393	393	repaid or defeased in accordance with the order or resolution
394	394	authorizing the issuance of the debt;
395	395	(2) has a contractual obligation to pay money until
396	396	that obligation has been fully paid in accordance with the
397	397	contract; or
398	398	(3) owns, operates, or maintains public works,
399	399	facilities, or improvements unless the district contracts with
400	400	another person for the ownership and operation or maintenance of
401	401	the public works, facilities, or improvements.
402	402	(d) Sections 375.261, 375.262, and 375.264, Local
403	403	Government Code, do not apply to the district.
404	404	SECTION 2. The Dynavest Municipal Management District No. 1
405	405	initially includes all territory contained in the following area:
406	406	TRACT 1: 2178 ACRES MORE OR LESS
407	407	LEGAL DESCRIPTION CONSISTING OF 2178.085 ACRES MORE OR LESS BY
408	408	COMPILING DEEDS DESCRIBED AS TRACT II IN THE DEED TO DYNAVEST JOINT
409	409	VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE DEED RECORDS OF
410	410	COLLIN COUNTY, TEXAS, A 218.360 ACRE TRACT OF LAND DESCRIBED AS
411	411	TRACT NO. 1, A CALLED 161.910 ACRE TRACT OF LAND DESCRIBED AS TRACT
412	412	NO. 2 IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME
413	413	2288, PAGE 125 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS AND A
414	414	1215.843 ACRE TRACT DESCRIBED IN THE DEED TO DYNAVEST JOINT VENTURE
415	415	AS RECORDED IN VOLUME 2288, PAGE 110, OF THE DEED RECORDS OF COLLIN
416	416	COUNTY, TEXAS.
417	417	BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J. W.
418	418	HAYNES SURVEY, ABSTRACT # 453, J, CUMBA SURVEY, ABSTRACT # 242, THE
419	419	J DAVIS SURVEY, ABSTRACT # 254, THE B.B.B. & C.R.R. SURVEY, ABSTRACT
420	420	# 131, THE H. COCHRAN SURVEY, ABSTRACT # 192, THE T & P. RR CO.
421	421	SURVEY, ABSTRACT # 1054, THE J.F. SMILEY SURVEY, ABSTRACT 869, THE
422	422	J. WORRALL SURVEY, ABSTRACT # 1036, THE J. QUEEN SURVEY, ABSTRACT #
423	423	733, THE J. H. BIGGS SURVEY, ABSTRACT # 51, THE E. ALEXANDER SURVEY,
424	424	ABSTRACT # 19, THE SA & MG RR CO SURVEY, ABSTRACT # 876 AND THE P.
425	425	NEWSON, SURVEY, ABSTRACT # 665 AND BEING ALL OF A CALLED 579.400
426	426	ACRE TRACT OF LAND DESCRIBED AS TRACT II IN THE DEED TO DYNAVEST
427	427	JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE DEED
428	428	RECORDS OF COLLIN COUNTY, TEXAS, ALL OF A CALLED 218.360 ACRE TRACT
429	429	OF LAND DESCRIBED AS TRACT NO. 1 AND ALL OF A CALLED 161.910 ACRE
430	430	TRACT OF LAND DESCRIBED AS TRACT NO. 2 IN THE DEED TO DYNAVEST JOINT
431	431	VENTURE AS RECORDED IN VOLUME 2288, PAGE 125 OF THE DEED RECORDS OF
432	432	COLLIN COUNTY, TEXAS AND ALL OF A CALLED 1215.843 ACRE TRACT
433	433	DESCRIBED IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN
434	434	VOLUME 2288, PAGE 110, OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
435	435	AND BEING MORE PARTICULAR DESCRIBED AS FOLLOWS:
436	436	BEGINNING AT A THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED
437	437	HEREIN AT THE SOUTHWEST CORNER OF SAID 579.400 ACRE TRACT IN THE
438	438	NORTH RIGHT-OF-WAY LINE OF F. M. # 455;
439	439	THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST A DISTANCE OF
440	440	6447.04 FEET TO A POINT FOR CORNER AT THE NORTHWEST CORNER OF SAID
441	441	579.400 ACRE TRACT;
442	442	THENCE SOUTH 89 DEGREES 27 MINUTES 28 SECONDS EAST A DISTANCE OF
443	443	2678.28 FEET TO A POINT FOR CORNER;
444	444	THENCE NORTH 00 DEGREES 23 MINUTES 38 SECONDS EAST A DISTANCE OF
445	445	1013.53 FEET TO A POINT FOR CORNER AT THE MOST NORTHERLY NORTHWEST
446	446	CORNER OF SAID 579.400 ACRE TRACT;
447	447	THENCE NORTH 89 DEGREES 27 MINUTES 02 SECONDS EAST A DISTANCE OF
448	448	2192.86 FEET TO A POINT FOR CORNER IN ELM CREEK;
449	449	THENCE NORTH 41 DEGREES 45 MINUTES 00 SECONDS EAST ALONG THE CENTER
450	450	OF ELM CREEK A DISTANCE OF 693.00 FEET TO A POINT FOR CORNER;
451	451	THENCE NORTH 48 DEGREES 30 MINUTES 00 SECONDS EAST ALONG THE CENTER
452	452	OF ELM CREEK A DISTANCE OF 417.00 FEET TO A POINT FOR CORNER;
453	453	THENCE NORTH 10 DEGREES 40 MINUTES 00 SECONDS EAST ALONG THE CENTER
454	454	OF ELM CREEK A DISTANCE OF 274.20 FEET TO A POINT FOR CORNER;
455	455	THENCE NORTH 74 DEGREES 54 MINUTES 00 SECONDS EAST ALONG THE CENTER
456	456	OF ELM CREEK A DISTANCE OF 211.00 FEET TO A POINT FOR CORNER;
457	457	THENCE NORTH 65 DEGREES 52 MINUTES 00 SECONDS EAST ALONG THE CENTER
458	458	OF ELM CREEK A DISTANCE OF 282.00 FEET TO A POINT FOR CORNER;
459	459	THENCE NORTH 26 DEGREES 53 MINUTES 00 SECONDS EAST ALONG THE CENTER
460	460	OF ELM CREEK A DISTANCE OF 1077.50 FEET TO A POINT FOR CORNER TO THE
461	461	MOST NORTHERLY NORTHWEST CORNER OF SAID 1215.843 ACRE TRACT;
462	462	THENCE SOUTH 87 DEGREES 54 MINUTES 00 SECONDS EAST A DISTANCE OF
463	463	271.00 FEET TO A POINT FOR CORNER;
464	464	THENCE SOUTH 89 DEGREES 54 MINUTES 00 SECONDS EAST A DISTANCE OF
465	465	127.00 FEET TO A POINT FOR CORNER;
466	466	THENCE NORTH 88 DEGREES 58 MINUTES 00 SECONDS EAST A DISTANCE OF
467	467	560.00 FEET TO A POINT FOR CORNER;
468	468	THENCE NORTH 87 DEGREES 46 MINUTES 00 SECONDS EAST A DISTANCE OF
469	469	917.00 FEET TO A POINT FOR CORNER;
470	470	THENCE SOUTH 86 DEGREES 43 MINUTES 00 SECONDS EAST A DISTANCE OF
471	471	411.00 FEET TO A POINT FOR CORNER TO THE MOST NORTHERLY NORTHEAST
472	472	CORNER OF SAID 1215.843 ACRE TRACT
473	473	THENCE SOUTH 01 DEGREES 44 MINUTES 00 SECONDS EAST A DISTANCE OF
474	474	889.00 FEET TO A POINT FOR CORNER;
475	475	THENCE SOUTH 58 DEGREES 17 MINUTES 00 SECONDS EAST A DISTANCE OF
476	476	675.00 FEET TO A POINT FOR CORNER;
477	477	THENCE NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST A DISTANCE OF
478	478	611.00 FEET TO A POINT FOR CORNER;
479	479	THENCE SOUTH 00 DEGREES 52 MINUTES 00 SECONDS WEST A DISTANCE OF
480	480	529.00 FEET TO A POINT FOR CORNER;
481	481	THENCE SOUTH 00 DEGREES 19 MINUTES 00 SECONDS WEST A DISTANCE OF
482	482	3775.00 FEET TO A POINT FOR CORNER;
483	483	THENCE SOUTH 03 DEGREES 39 MINUTES 54 SECONDS WEST A DISTANCE OF
484	484	491.83 FEET TO A POINT FOR CORNER;
485	485	THENCE SOUTH 00 DEGREES 21 MINUTES 00 SECONDS WEST A DISTANCE OF
486	486	271.50 FEET TO A POINT FOR CORNER;
487	487	THENCE SOUTH 02 DEGREES 03 MINUTES 09 SECONDS EAST A DISTANCE OF
488	488	560.34 FEET TO A POINT FOR CORNER;
489	489	THENCE SOUTH 86 DEGREES 42 MINUTES 28 SECONDS WEST A DISTANCE OF
490	490	66.00 FEET TO A POINT FOR CORNER;
491	491	THENCE SOUTH 01 DEGREES 07 MINUTES 18 SECONDS EAST A DISTANCE OF
492	492	2883.84 FEET TO A POINT FOR CORNER AT THE MOST EASTERLY SOUTHEAST
493	493	CORNER OF SAID 1215.843 ACRE TRACT AND THE NORTHEAST CORNER OF SAID
494	494	161.91 ACRE TRACT;
495	495	THENCE SOUTH 01 DEGREES 59 MINUTES 59 SECONDS EAST A DISTANCE OF
496	496	271.54 FEET TO A POINT FOR CORNER;
497	497	THENCE SOUTH 02 DEGREES 49 MINUTES 01 SECONDS EAST A DISTANCE OF
498	498	698.98 FEET TO A POINT FOR CORNER;
499	499	THENCE SOUTH 02 DEGREES 27 MINUTES 24 SECONDS EAST A DISTANCE OF
500	500	849.68 FEET TO A POINT FOR CORNER TO THE SOUTHEAST CORNER OF SAID
501	501	161.91 ACRE TRACT;
502	502	THENCE SOUTH 88 DEGREES 39 MINUTES 30 SECONDS WEST A DISTANCE OF
503	503	2104.21 FEET TO A POINT FOR CORNER;
504	504	THENCE SOUTH 87 DEGREES 44 MINUTES 05 SECONDS WEST A DISTANCE OF
505	505	986.67 FEET TO A POINT FOR CORNER;
506	506	THENCE SOUTH 89 DEGREES 09 MINUTES 32 SECONDS WEST A DISTANCE OF
507	507	508.11 FEET TO A POINT FOR CORNER;
508	508	THENCE SOUTH 87 DEGREES 55 MINUTES 18 SECONDS WEST A DISTANCE OF
509	509	230.84 FEET TO A POINT FOR CORNER;
510	510	THENCE SOUTH 88 DEGREES 45 MINUTES 02 SECONDS WEST A DISTANCE OF
511	511	285.38 FEET TO A POINT FOR CORNER;
512	512	THENCE NORTH 74 DEGREES 25 MINUTES 03 SECONDS WEST A DISTANCE OF
513	513	1160.29 FEET TO A POINT FOR CORNER;
514	514	THENCE NORTH 74 DEGREES 36 MINUTES 18 SECONDS WEST A DISTANCE OF
515	515	404.97 FEET TO A POINT FOR CORNER TO A POINT IN THE NORTH
516	516	RIGHT-OF-WAY LINE OF FM # 455;
517	517	THENCE NORTH 15 DEGREES 23 MINUTES 42 SECONDS EAST WITH SAID
518	518	RIGHT-OF-WAY LINE A DISTANCE OF 40.00 FEET TO A POINT FOR CORNER;
519	519	THENCE NORTH 74 DEGREES 36 MINUTES 18 SECONDS WEST WITH SAID
520	520	RIGHT-OF-WAY LINE A DISTANCE OF 179.93 FEET TO A POINT FOR CORNER;
521	521	THENCE NORTH 52 DEGREES 06 MINUTES 25 SECONDS WEST WITH SAID
522	522	RIGHT-OF-WAY LINE A DISTANCE OF 697.67 FEET TO A POINT FOR CORNER;
523	523	THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE
524	524	LEFT WITH AN ARC LENGTH OF363.14 FEET, WITH A RADIUS OF 986.86 FEET,
525	525	WITH A CHORD BEARING OF NORTH 62 DEGREES 38 MINUTES 55 SECONDS WEST,
526	526	AND WITH A CHORD LENGTH OF 361.09 FEET TO A POINT FOR CORNER;
527	527	THENCE NORTH 73 DEGREES 11 MINUTES 25 SECONDS WEST WITH SAID
528	528	RIGHT-OF-WAY LINE A DISTANCE OF 199.75 FEET TO A POINT FOR CORNER;
529	529	THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE
530	530	LEFT WITH AN ARC LENGTH OF 254.11 FEET, WITH A RADIUS OF 1367.32
531	531	FEET, WITH A CHORD BEARING OF NORTH 78 DEGREES 37 MINUTES 35 SECONDS
532	532	WEST, AND WITH A CHORD LENGTH OF 253.75 FEET;
533	533	THENCE NORTH 83 DEGREES 34 MINUTES 06 SECONDS WEST WITH SAID
534	534	RIGHT-OF-WAY LINE A DISTANCE OF 104.02 FEET TO A POINT FOR CORNER;
535	535	THENCE NORTH 83 DEGREES 34 MINUTES 06 SECONDS WEST WITH SAID
536	536	RIGHT-OF-WAY LINE A DISTANCE OF 2140.11 FEET TO A POINT FOR CORNER;
537	537	THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE
538	538	RIGHT WITH AN ARC LENGTH OF 283.92 FEET, WITH A RADIUS OF 528.70
539	539	FEET, WITH A CHORD BEARING OF NORTH 68 DEGREES 22 MINUTES 06 SECONDS
540	540	WEST, AND WITH A CHORD LENGTH OF 280.52 FEET TO A POINT FOR CORNER,;
541	541	THENCE NORTH 53 DEGREES 10 MINUTES 06 SECONDS WEST WITH SAID
542	542	RIGHT-OF-WAY LINE A DISTANCE OF 766.67 FEET TO THE POINT OF
543	543	BEGINNING AND ENCLOSING 2178.085 ACRES OF LAND, MORE OR LESS.
544	544	NOTE: THIS DESCRIPTION HAS BEEN CREATED BY RECORD INFORMATION ONLY.
545	545	THERE WERE CLOSURE ERRORS FOUND IN THE DEEDS THAT COULD NOT BE
546	546	ISOLATED. EXACT DIMENSIONS AND AREAS CAN BE OBTAINED BY AN ON THE
547	547	GROUND SURVEY.
548	548	TRACT 2: 100.474 ACRES MORE OR LESS
549	549	LEGAL DESCRIPTION CONSISTING OF 100.474 ACRES MORE OR LESS BY
550	550	COMPUTING EXHIBIT A IN THE DEED TO THE TRACT OF LAND DESCRIBED AS
551	551	TRACT I IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME
552	552	2288, PAGE 119 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
553	553	BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J.
554	554	DAVIS SURVEY, ABSTRACT # 254, THE W.P. ALLEN SURVEY, ABSTRACT # 24,
555	555	AND THE J. HOWARD SURVEY, ABSTRACT # 442 AND BEING ALL OF A CALLED
556	556	100.474 ACRE TRACT OF LAND DESCRIBED AS TRACT I IN THE DEED TO
557	557	DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE
558	558	DEED RECORDS OF COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY
559	559	DESCRIBED AS FOLLOWS:
560	560	BEGINNING AT THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED
561	561	HEREIN AT THE INTERSECTION OF THE WEST LINE OF SAID COLLIN COUNTY
562	562	WITH THE SOUTHWEST CORNER OF SAID 100.474 ACRE TRACT OF LAND;
563	563	THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST, A DISTANCE OF
564	564	1213.34 FEET TO A POINT FOR CORNER;
565	565	THENCE NORTH 89 DEGREES 57 MINUTES 51 SECONDS EAST, A DISTANCE OF
566	566	3608.95 FEET TO A POINT FOR CORNER;
567	567	THENCE SOUTH 00 DEGREES 56 MINUTES 02 SECONDS EAST, A DISTANCE OF
568	568	1192.20 FEET TO A POINT FOR CORNER;
569	569	THENCE SOUTH 89 DEGREES 11 MINUTES 58 SECONDS WEST, A DISTANCE OF
570	570	1594.31 FEET TO A POINT FOR CORNER;
571	571	THENCE SOUTH 89 DEGREES 57 MINUTES 51 SECONDS WEST, A DISTANCE OF
572	572	2038.77 FEET TO THE POINT OF BEGINNING AND ENCLOSING 100.474 ACRES
573	573	OF LAND, MORE OR LESS.
574	574	TRACT 3: 958.042 ACRES MORE OR LESS
575	575	LEGAL DESCRIPTION CONSISTING OF 958.042 ACRES MORE OR LESS BY
576	576	COMPUTING EXHIBIT A IN THE DEED TO THE TRACT OF LAND DESCRIBED IN
577	577	THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE
578	578	114 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
579	579	BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J. W.
580	580	HAYNES SURVEY, ABSTRACT # 453, J, CUMBA SURVEY, ABSTRACT # 242, THE
581	581	J. QUEEN SURVEY, ABSTRACT # 733, THE J. QUEEN SURVEY, ABSTRACT #
582	582	1111, THE A. H. GEE SURVEY, ABSTRACT # 1104, THE H. COCHRAN SURVEY,
583	583	ABSTRACT # 191, THE J. RAGSDALE SURVEY, ABSTRACT # 735 AND THE
584	584	GERMAN IMIGRATION CO. SURVEY, ABSTRACT # 356 AND BEING ALL OF A
585	585	CALLED 957.743 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO DYNAVEST
586	586	JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 144 OF THE DEED
587	587	RECORDS OF COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY
588	588	DESCRIBED AS FOLLOWS:
589	589	BEGINNING AT THE NORTHWEST CORNER OF THE TRACT BEING DESCRIBED
590	590	HEREIN AT A POINT AT THE NORTHWEST CORNER OF SAID 957.743 ACRE TRACT
591	591	IN THE SOUTH RIGHT-OF-WAY LINE OF FM # 455;
592	592	THENCE SOUTH 53 DEGREES 10 MINUTES 06 SECONDS EAST WITH SAID SOUTH
593	593	RIGHT-OF-WAY LINE A DISTANCE OF 699.50 FEET TO A POINT FOR CORNER;
594	594	THENCE WITH SAID SOUTH RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO
595	595	THE LEFT WITH AN ARC LENGTH OF 332.25 FEET, WITH A RADIUS OF 618.70
596	596	FEET, WITH A CHORD BEARING OF SOUTH 68 DEGREES 22 MINUTES 06 SECONDS
597	597	EAST, AND WITH A CHORD LENGTH OF 328.27 FEET TO A POINT FOR CORNER;
598	598	THENCE SOUTH 83 DEGREES 34 MINUTES 06 SECONDS EAST WITH SAID SOUTH
599	599	RIGHT-OF-WAY LINE A DISTANCE OF 2243.84 FEET TO A POINT FOR CORNER;
600	600	THENCE WITH SAID SOUTH RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO
601	601	THE RIGHT WITH AN ARC LENGTH OF 237.99 FEET, WITH A RADIUS OF
602	602	1277.20 FEET, WITH A CHORD BEARING OF SOUTH 78 DEGREES 38 MINUTES 21
603	603	SECONDS EAST, AND WITH A CHORD LENGTH OF 237.64 FEET TO A POINT FOR
604	604	CORNER;
605	605	THENCE SOUTH 73 DEGREES 11 MINUTES 25 SECONDS EAST WITH SAID SOUTH
606	606	RIGHT-OF-WAY LINE A DISTANCE OF 131.75 FEET TO A POINT FOR CORNER;
607	607	THENCE SOUTH 16 DEGREES 58 MINUTES 43 SECONDS WEST A DISTANCE OF
608	608	103.35 FEET TO A POINT FOR CORNER;
609	609	THENCE SOUTH 40 DEGREES 22 MINUTES 29 SECONDS WEST A DISTANCE OF
610	610	414.21 FEET TO A POINT FOR CORNER;
611	611	THENCE SOUTH 50 DEGREES 17 MINUTES 10 SECONDS EAST A DISTANCE OF
612	612	174.16 FEET TO A POINT FOR CORNER;
613	613	THENCE SOUTH 04 DEGREES 36 MINUTES 13 SECONDS EAST A DISTANCE OF
614	614	103.17 FEET TO A POINT FOR CORNER;
615	615	THENCE SOUTH 53 DEGREES 02 MINUTES 05 SECONDS WEST A DISTANCE OF
616	616	256.14 FEET TO A POINT FOR CORNER;
617	617	THENCE SOUTH 23 DEGREES 11 MINUTES 46 SECONDS WEST A DISTANCE OF
618	618	269.21 FEET TO A POINT FOR CORNER;
619	619	THENCE SOUTH 66 DEGREES 05 MINUTES 31 SECONDS EAST A DISTANCE OF
620	620	178.82 FEET TO A POINT FOR CORNER;
621	621	THENCE SOUTH 04 DEGREES 58 MINUTES 45 SECONDS EAST A DISTANCE OF
622	622	193.80 FEET TO A POINT FOR CORNER;
623	623	THENCE SOUTH 50 DEGREES 28 MINUTES 50 SECONDS WEST A DISTANCE OF
624	624	169.49 FEET TO A POINT FOR CORNER;
625	625	THENCE SOUTH 87 DEGREES 27 MINUTES 53 SECONDS WEST A DISTANCE OF
626	626	174.71 FEET TO A POINT FOR CORNER;
627	627	THENCE SOUTH 00 DEGREES 14 MINUTES 15 SECONDS WEST A DISTANCE OF
628	628	763.18 FEET TO A POINT FOR CORNER;
629	629	THENCE NORTH 86 DEGREES 32 MINUTES 52 SECONDS EAST A DISTANCE OF
630	630	1464.77 FEET TO A POINT FOR CORNER;
631	631	THENCE NORTH 89 DEGREES 13 MINUTES 02 SECONDS EAST A DISTANCE OF
632	632	524.81 FEET TO A POINT FOR CORNER IN THE WEST RIGHT-OF-WAY LINE OF
633	633	FM # 455;
634	634	THENCE SOUTH 03 DEGREES 06 MINUTES 54 SECONDS WEST WITH SAID WEST
635	635	RIGHT-OF-WAY LINE A DISTANCE OF 37.23 FEET TO A POINT FOR CORNER;
636	636	THENCE WITH SAID WEST RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO
637	637	THE LEFT WITH AN ARC LENGTH OF 577.39 FEET, WITH A RADIUS OF 1477.38
638	638	FEET, WITH A CHORD BEARING OF SOUTH 08 DEGREES 00 MINUTES 36 SECONDS
639	639	EAST , AND WITH A CHORD LENGTH OF 573.72 FEET TO A POINT FOR CORNER;
640	640	THENCE SOUTH 19 DEGREES 08 MINUTES 06 SECONDS EAST WITH SAID WEST
641	641	RIGHT-OF-WAY LINE A DISTANCE OF 354.02 FEET TO A POINT FOR CORNER;
642	642	THENCE SOUTH 89 DEGREES 08 MINUTES 02 SECONDS WEST A DISTANCE OF
643	643	974.20 FEET TO A POINT FOR CORNER;
644	644	THENCE SOUTH 00 DEGREES 24 MINUTES 13 SECONDS EAST A DISTANCE OF
645	645	1724.68 FEET TO A POINT FOR CORNER;
646	646	THENCE SOUTH 01 DEGREES 25 MINUTES 40 SECONDS EAST A DISTANCE OF
647	647	2948.48 FEET TO A POINT FOR CORNER;
648	648	THENCE NORTH 88 DEGREES 01 MINUTES 35 SECONDS EAST A DISTANCE OF
649	649	1138.15 FEET TO A POINT FOR CORNER;
650	650	THENCE SOUTH 01 DEGREES 46 MINUTES 21 SECONDS EAST A DISTANCE OF
651	651	1965.29 FEET TO A POINT FOR CORNER;
652	652	THENCE SOUTH 89 DEGREES 32 MINUTES 30 SECONDS WEST A DISTANCE OF
653	653	5389.11 FEET TO A POINT FOR CORNER;
654	654	THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST A DISTANCE OF
655	655	10550.55 FEET TO A POINT FOR CORNER;
656	656	AND ENCLOSING 958.042 ACRES OF LAND, MORE OR LESS.
657	657	SECTION 3. (a) The legal notice of the intention to
658	658	introduce this Act, setting forth the general substance of this
659	659	Act, has been published as provided by law, and the notice and a
660	660	copy of this Act have been furnished to all persons, agencies,
661	661	officials, or entities to which they are required to be furnished
662	662	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
663	663	Government Code.
664	664	(b) The governor, one of the required recipients, has
665	665	submitted the notice and Act to the Texas Commission on
666	666	Environmental Quality.
667	667	(c) The Texas Commission on Environmental Quality has filed
668	668	its recommendations relating to this Act with the governor,
669	669	lieutenant governor, and speaker of the house of representatives
670	670	within the required time.
671	671	(d) All requirements of the constitution and laws of this
672	672	state and the rules and procedures of the legislature with respect
673	673	to the notice, introduction, and passage of this Act have been
674	674	fulfilled and accomplished.
675	675	SECTION 4. This Act takes effect immediately if it receives
676	676	a vote of two-thirds of all the members elected to each house, as
677	677	provided by Section 39, Article III, Texas Constitution. If this
678	678	Act does not receive the vote necessary for immediate effect, this
679	679	Act takes effect September 1, 2019.
680	680
681	681	Pos. No. Name of Director
682	682
683	683	1 ____________
684	684
685	685	2 ____________
686	686
687	687	3 ____________
688	688
689	689	4 ____________
690	690
691	691	5 ____________