89R13983 MCF-F
By: Richardson H.B. No. 5682
A BILL TO BE ENTITLED
relating to the creation of the Colmena Ranch Municipal Management
District No. 1; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments and fees.
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 4019 to read as follows:
CHAPTER 4019. COLMENA RANCH MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 4019.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "County" means Collin County.
(3) "Director" means a board member.
(4) "District" means the Colmena Ranch Municipal
Management District No. 1.
Sec. 4019.0102. NATURE OF DISTRICT. The Colmena Ranch
Municipal Management District No. 1 is a special district created
under Section 59, Article XVI, Texas Constitution.
Sec. 4019.0103. 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 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 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 county services provided in the
district.
Sec. 4019.0104. 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; and
(3) 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. 4019.0105. 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
(4) legality or operation.
Sec. 4019.0106. 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 under
Chapter 311, Tax Code; or
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code.
Sec. 4019.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 4019.0108. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 4019.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors who serve staggered
terms of four years.
(b) Directors are elected in the manner provided by
Subchapter D, Chapter 49, Water Code.
Sec. 4019.0202. 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 for each
director in one 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.
(c) Sections 375.069 and 375.070, Local Government Code, do
not apply to the board.
Sec. 4019.0203. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 Eric Burton 1 Eric Burton
1 Eric Burton
2 Mike Alley 2 Mike Alley
2 Mike Alley
3 Jacob Thompson 3 Jacob Thompson
3 Jacob Thompson
4 Rodney Price 4 Rodney Price
4 Rodney Price
5 David Medis 5 David Medis
5 David Medis
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2027, and
the terms of directors appointed for positions four and five expire
June 1, 2029.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 4019.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 4019.0302. 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. 4019.0303. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 4019.0304. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county or a municipality with territory in the
district, to provide law enforcement services in the district for a
fee.
Sec. 4019.0305. 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. 4019.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may engage in activities that accomplish the economic
development purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 4019.0307. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 4019.0308. 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. 4019.0309. ADDING OR EXCLUDING LAND. Except as
provided by Section 4019.0310, 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.
Sec. 4019.0310. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district has
no outstanding bonded debt.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint initial directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(f) 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. 4019.0311. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
Section 375.161, Local Government Code, does not apply to the
district.
Sec. 4019.0312. NO AD VALOREM TAX. The district may not
impose an ad valorem tax.
Sec. 4019.0313. EMINENT DOMAIN. The district may exercise
the power of eminent domain in the manner provided by Section
49.222, Water Code.
SUBCHAPTER D. ASSESSMENTS
Sec. 4019.0401. 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 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. 4019.0402. 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.
(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 a
taxing unit, as that term is defined by Section 1.04, Tax Code, 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.
SUBCHAPTER E. BONDS
Sec. 4019.0501. 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, by public or private sale,
bonds, notes, or other obligations payable wholly or partly from
assessments, impact fees, 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 district may issue, by public or private sale,
bonds, notes, or other obligations payable wholly or partly from
assessments in the manner provided by Subchapter A, Chapter 372,
Local Government Code, if the improvement financed by the
obligation issued under this section will be conveyed to or
operated and maintained by a municipality or other retail utility
provider pursuant to an agreement with the district entered into
before the issuance of the obligation.
Sec. 4019.0502. BONDS SECURED BY REVENUE OR CONTRACT
PAYMENTS. The district may issue, without an election, bonds
secured by:
(1) revenue, including contract revenues; or
(2) contract payments, provided that the requirements
of Section 49.108, Water Code, have been met.
Sec. 4019.0503. CONDITION PRECEDENT TO ISSUING
OBLIGATIONS. (a) The district may not issue bonds, notes, or other
obligations under this subchapter unless the district has entered
into a contract with a municipality, the county, or another entity
that:
(1) provides for adequate supplemental police, fire,
and emergency services for the district; and
(2) is approved by the commissioners court of the
county under Subsection (c).
(b) A contract under Subsection (a) may include a provision
that the contract takes effect only on the approval of the
commissioners court of the county and the voters in the district
voting in an election held for that purpose.
(c) The commissioners court of the county shall review a
contract under Subsection (a) and evaluate the supplemental police,
fire, and emergency services provided for in the contract. If the
commissioners court determines that the contract provides for
adequate services, the commissioners court shall adopt a resolution
stating that the contract has met the requirements of Subsection
(a).
SUBCHAPTER I. DISSOLUTION
Sec. 4019.0901. DISSOLUTION. (a) The board shall dissolve
the district on written petition filed with the board by the owners
of:
(1) at least two-thirds 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) at least two-thirds 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 Colmena Ranch Municipal Management District
No. 1 initially includes all territory contained in the following
area:
METES AND BOUNDS DESCRIPTION
Tract 1
BEING a tract of land situated in the J. Wilson Survey, Abstract
No. 994 in Collin County, Texas, being part of a tract conveyed to
BFJ Land, LLC, by deed recorded in Document No. 20130913001293160
of the Official Public Records, Collin County, Texas (OPRCCT), with
the subject tract being more particularly described as follows:
BEGINNING at a PK nail set at the intersection of the east line of
Farm to Market Road 543, a variable width public right-of-way, with
the approximate center of County Road 205, a public road;
THENCE along County Road 205, the following:
N 89°26'47" E, 1169.87 feet to a MAG nail found;
N 89°20'19" E, 788.96 feet to a MAG nail found;
N 89°36'12" E, 904.70 feet;
N 88°40'44" E, 1224.72 feet to a MAG nail found;
And N 89°18'20" E, 1177.86 feet to a 1/2" iron rod with plastic cap
found at the intersection of County Road 205 and County Road 204;
THENCE S 00°04'46" E, 822.78 feet along said road to a 5/8" iron rod
found at the intersection thereof with the north line of the Collin
County Outer Loop, conveyed as Parcel No. 56 to Collin County,
Texas, recorded in Document No. 20201228002329490 OPRCCT;
THENCE along the north line of Parcel No. 56, the following:
S 65°15'29" W, 131.00 feet;
A tangent curve to the right having a central angle of 24°08'07", a
radius of 2800.00 feet, a chord of S 77°19'32" W - 1170.77 feet, an
arc length of 1179.47 feet to a 5/8" iron rod found;
S 89°23'36" W, 1506.29 feet;
N 45°37'27" W, 49.51 feet;
S 89°23'36" W, 77.70 feet;
S 54°39'17" W, 61.42 feet;
And S 89°23'36" W, 2336.13 feet to the east line of Farm to Market
Road 543;
THENCE N 00°00'17" W, 1107.71 feet along the east line thereof to the
POINT OF BEGINNING with the subject tract containing 5,722,211
square feet or 131.364 acres of land.
Tract 2
BEING a tract of land situated in the J. Wilson Survey, Abstract
No. 994 in Collin County, Texas, being part of a tract conveyed to
BFJ Land, LLC, by deed recorded in Document No. 20130913001293160
of the Official Public Records, Collin County, Texas (OPRCCT), with
the subject tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod with plastic cap found on the east line
of Farm to Market Road 543, a variable width public right-of-way,
for the northwest corner of a tract conveyed to Bitted H, LLC,
recorded in Document No. 20150617000723180 OPRCCT;
THENCE along the east line of Farm to Market Road 543, the
following:
N 00°25'17" W, 1227.59 feet;
N 00°16'17" W, 922.58 feet;
And N 01°21'17" W, 370.16 feet to a 5/8" iron rod with plastic cap
found for the intersection thereof with the south line of the Collin
County Outer Loop, conveyed as Parcel No. 56 to Collin County,
Texas, recorded in Document No. 20201228002329490 OPRCCT;
THENCE along the south line of Parcel No. 56, the following:
N 89°23'36" E, 1920.31 feet;
S 45°38'15" E, 28.30 feet to a 5/8" iron rod with plastic cap found;
N 89°23'36" E, 254.67 feet;
N 44°21'45" E, 28.27 feet;
And N 89°23'36" E, 1362.93 feet to the intersection thereof with the
west line of a tract conveyed to RMWD Limited Partnership, recorded
in Volume 5579, Page 4415, Deed Records, Collin County, Texas
(DRCCT);
THENCE along the west line thereof, the following:
S 13°35'50" W, 260.67 feet;
S 07°06'13" W, 1157.12 feet to a 3/8" iron rod found;
And S 89°51'29" E, 34.00 feet to a point being the northwest corner
of a tract conveyed to William Donald West and James Edwin West,
recorded in Volume 3291, Page 864 DRCCT;
THENCE S 08°28'41" W, 349.66 feet along the west line thereof;
THENCE S 00°31'19" E, 191.99 feet continuing along the west line of
said West tract to a 3/8" iron rod found for the northeast corner of
Honey Creek Country Estates, an addition recorded in Cabinet F,
Page 261, Plat Records, Collin County, Texas;
THENCE along the common line thereof, the following:
S 89°48'07" W, 842.55 feet to a 60d nail found;
S 89°42'02" W, 805.11 feet to a 1" iron pipe found;
S 03°11'09" E, 165.88 feet;
S 00°13'13" W, 548.06 feet to a 1/2" iron rod found;
And N 86°15'57" W, 619.60 feet to a 1/2" iron rod found for the
northeast corner of said Bitted H tract;
THENCE N 86°42'36" W, 1078.33 feet along the north line thereof to
the POINT OF BEGINNING with the subject tract containing 7,713,276
square feet or 177.072 acres of land.
Tract 3
BEING a tract of land situated in the J. Wilson Survey, Abstract
No. 994, the E.S. Burge Survey, Abstract No. 1082, the W. Wilhite
Survey, Abstract No. 1003, the W. Clement Survey, Abstract No. 225,
the G. Key Survey, Abstract No. 507, the W. Smith Survey, Abstract
No. 844, and the J. Brown Survey, Abstract No. 101, in Collin
County, Texas, being part of a tract conveyed to BFJ Land, LLC, by
deed recorded in Document No. 20130913001293160 of the Official
Public Records, Collin County, Texas (OPRCCT), with the subject
tract being more particularly described as follows:
BEGINNING at a MAG nail found in County Road 167, a public road, for
the northeast corner of a tract conveyed to Stanley Eugene Partee,
recorded in Document No. 20160314000302020 OPRCCT;
THENCE S 89°54'50" W, 1242.43 feet along the north line thereof;
THENCE S 89°35'36" W, 367.48 feet continuing along the north line of
said Partee tract to a 1/2" iron rod found for the northeast corner
of a tract conveyed to Back Nine Partners, L.P., recorded in
Document No. 20201109001983980 OPRCCT;
THENCE N 89°39'59" W, 166.01 feet along the north line thereof;
THENCE S 89°21'13" W, 1790.64 feet along the north line thereof;
THENCE S 89°30'07" W, 1589.20 feet along the north line of said Back
Nine tract to a 1/2" iron rod found on the east line of a tract
conveyed to Vakuna, LLC, recorded in Document
No. 20131022001448360 OPRCCT;
THENCE N 00°24'06" E, along the east line thereof, and of a tract
conveyed to Ronald W. Leeper and Diane Inez Sharp, recorded in
Volume 5220, Page 3293, Deed Records, Collin County, Texas (DRCCT),
and of a tract conveyed to Chad and Rachel Leeper, recorded in
Volume 4714, Page 2686 DRCCT, and of the Dahl/Norris Homestead
Addition, recorded in Cabinet 2022, Page 569, Plat Records, Collin
County, Texas (PRCCT), and of a tract conveyed to Ommid John
Ghaemmaghami, recorded in Document No. 20140814000869570 OPRCCT,
and of a tract conveyed to Ommid J. and Courtney Ghaemmaghami,
recorded in Document No. 20110509000475310 OPRCCT, passing at
2588.07 feet a MAG nail found for the southeast corner of Parcel
No. 55A of the Collin County Outer Loop, conveyed to Collin County,
Texas, recorded in Document No. 20201228002329480 OPRCCT, and
continuing along the east line of Parcel No. 55A a total distance
3171.04 feet to a point for the northeast corner of Parcel No. 55A,
being on the south line of Parcel No. 55, Collin County Outer Loop,
recorded in Document No. 20201228002329490 OPRCCT;
THENCE along the south line of the Collin County Outer Loop, the
following:
N 89°13'13" E, 210.13 feet;
S 79°26'37" E, 203.49 feet;
N 89°13'13" E, 150.98 feet;
N 75°19'16" E, 166.52 feet to a 5/8" iron rod with plastic cap found;
N 89°13'13" E, 1517.28 feet to a 5/8" iron rod with plastic cap
found;
S 49°42'24" E, 75.55 feet;
N 89°13'13" E, 50.84 feet;
N 64°17'53" E, 117.79 feet;
N 89°13'13" E, 2360.92 feet to a 5/8" iron rod with plastic cap
found;
A tangent curve to the left having a central angle of 42°35'32", a
radius of 3300.00 feet, a chord of N 67°55'27" E - 2397.04 feet, an
arc length of 2453.13 feet to a 5/8" iron rod found;
N 46°37'41" E, 1578.39 feet;
S 43°25'57" E, 47.76 feet;
N 46°34'03" E, 33.51 feet;
N 36°25'33" E, 269.46 feet;
N 46°37'41" E, 223.76 feet;
A tangent curve to the right having a central angle of 37°32'15", a
radius of 2800.00 feet, a chord of N 65°23'49" E - 1801.80 feet, an
arc length of 1834.43 feet;
S 48°14'54" E, 40.82 feet to a 5/8" iron rod with plastic cap found;
And a non-tangent curve to the right having a central angle of
05°26'22", a radius of 2770.00 feet, a chord of N 87°27'17" E - 262.88
feet, an arc length of 262.98 feet to a point being the intersection
of said Loop with the west line of Farm to Market Road 543, a
variable width public right-of-way;
THENCE along the west line of said road, the following:
S 01°21'17" E, 340.17 feet;
S 00°16'17" E, 921.92 feet;
S 00°25'17" E, 1490.69 feet to a 5/8" iron rod with plastic cap
found, being the north corner of the right-of-way tract for said
road, known as TxDOT Parcel No. P00054369, recorded in Document
No. 2022000163906 OPRCCT;
S 29°46'59" W, 60.17 feet to a 5/8" iron rod with plastic cap found;
S 03°25'17" E, 207.30 feet to a 5/8" iron rod with plastic cap found;
S 07°40'22" E, 108.15 feet;
S 14°33'57" E, 108.75 feet to a 5/8" iron rod with plastic cap found;
And S 26°42'17" E, 51.14 feet to the north northerly corner of Lot 1,
Block A, Wild H Cattle Co. Addition, recorded in Cabinet 2020, Page
325 PRCCT;
THENCE along the west line of Lot 1, the following:
S 00°54'03" E, 228.04 feet to a 1/2" iron rod found;
S 02°50'39" W, 243.00 feet to a 1/2" iron rod with plastic cap found;
S 80°56'23" W, 57.64 feet;
And S 01°49'09" E, 594.11 feet to a 1/2" iron rod found on the north
line of a tract conveyed to Wild H Cattle Company, recorded in
Document No. 20150617000722860 OPRCCT;
THENCE S 89°51'08" W, 749.10 feet along the north line thereof to a
1/2" iron rod with plastic cap found;
THENCE N 89°46'02" W, 547.81 feet continuing along the north line of
said Wild H Cattle tract, and of Lot 23, Block A, Hidden Hills, an
addition recorded in Cabinet E, Page 83 PRCCT, to a point for a
southeast corner of a tract conveyed to John A. and Jill A. Johnson,
recorded in Document No. 20070720001003670 OPRCCT, and being in
Honey Creek;
THENCE along said creek, the following:
N 25°50'12" W, 77.44 feet;
N 46°42'19" W, 88.32 feet;
N 10°30'52" E, 70.89 feet;
N 06°50'58" E, 561.41 feet;
N 13°37'41" E, 45.31 feet;
N 20°33'21" W, 30.25 feet;
N 48°39'21" W, 243.09 feet;
N 18°07'57" W, 175.52 feet;
N 47°56'08" W, 87.04 feet;
N 84°35'39" W, 71.96 feet;
S 21°05'45" W, 73.38 feet;
S 68°55'51" W, 49.82 feet;
N 55°08'17" W, 54.01 feet;
N 66°07'05" W, 167.64 feet;
N 35°57'13" W, 106.70 feet;
N 00°25'38" E, 213.24 feet;
N 33°48'14" W, 78.62 feet;
S 87°36'23" E, 37.26 feet;
N 65°18'48" W, 66.81 feet;
S 68°28'16" W, 167.76 feet;
S 58°21'05" W, 121.29 feet;
S 69°40'26" W, 65.98 feet;
N 63°10'19" W, 122.11 feet;
N 49°14'23" W, 117.55 feet;
And N 15°30'39" W, 13.23 feet;
THENCE N 87°36'23" W, 459.19 feet departing said creek, continuing
along the common line of said Johnson tract, to a 1/2" iron rod with
plastic cap found;
THENCE S 01°44'48" W, 663.61 feet continuing along the common line
thereof to a point in an unnamed creek;
THENCE along said creek, the following:
N 23°57'03" W, 40.32 feet;
N 55°55'46" W, 47.76 feet;
S 84°36'26" W, 99.42 feet;
S 38°38'28" W, 25.00 feet;
S 01°46'17" E, 14.75 feet;
S 41°44'49" E, 134.33 feet;
S 10°59'20" E, 11.55 feet;
S 11°12'25" E, 20.52 feet;
S 73°02'42" W, 45.95 feet;
N 59°20'41" W, 57.93 feet;
S 30°03'36" W, 37.36 feet;
S 16°32'48" E, 49.17 feet;
S 46°51'57" W, 50.38 feet;
N 63°00'21" W, 160.17 feet;
S 26°39'55" W, 47.04 feet;
S 23°03'17" E, 30.60 feet;
S 65°57'23" E, 47.63 feet;
S 23°00'56" E, 53.96 feet;
S 14°32'15" W, 62.64 feet;
S 60°50'12" W, 65.93 feet;
S 82°47'26" W, 65.53 feet;
N 66°02'45" W, 72.17 feet;
S 89°11'57" W, 47.00 feet;
S 55°07'38" W, 90.07 feet;
S 22°33'42" E, 41.09 feet;
And S 14°03'27" W, 121.64 feet to a point in said creek, being a
northerly corner of a tract conveyed to Javier R. and Margaret E.
Villareal, recorded in Document No. 20130730001064390 OPRCCT;
THENCE N 89°38'12" W, 212.34 feet along the north line thereof to a
point being the northeast corner of a tract conveyed to Cielo's Lake
Homeowner Association, recorded in Volume 5309, Page 7239 DRCCT;
THENCE S 45°35'48" W, 222.00 feet along the north line thereof to a
5/8" iron rod found;
THENCE S 84°55'46" W, 1251.88 feet continuing along the north line
of said Homeowner tract to a point for the northwest corner thereof;
THENCE S 01°10'19" W, along the west line thereof, and of a tract
conveyed to JPR Land, LLC, recorded in Document
No. 20190924001182240 OPRCCT, passing at 188.30 feet a 3/4" iron
pipe found for witness, continuing along the west line of said JPR
tract, passing into and along County Road 167, a total distance of
1138.21;
THENCE S 01°09'14" W, 954.03 feet continuing along County Road 167
to the POINT OF BEGINNING with the subject tract containing
28,563,347 square feet or 655.724 acres of land.
Tract 4
BEING a tract of land situated in the J. Brown Survey, Abstract
No. 101, the J. Brown Survey, Abstract No. 82, the B. Thayer
Survey, Abstract No. 915, the T. & P.R.R. Co. Survey, Abstract
No. 930, and the C. Gilman Survey, Abstract No. 345, in Collin
County, Texas, being part of a tract conveyed to BFJ Land, LLC, by
deed recorded in Document No. 20130913001293160 of the Official
Public Records, Collin County, Texas (OPRCCT), with the subject
tract being more particularly described as follows:
BEGINNING at a MAG nail found in County Road 125, a public road, for
the southeast corner of a tract conveyed to the Larry and Carolyn
Smith Irrevocable Trust, recorded in Document
No. 20220321000448030 OPRCCT;
THENCE N 00°43'02" W, 444.24 feet departing said road, along the
east line of said Smith tract to a 5/8" iron rod with plastic cap
found for the southwest corner of Parcel No. 55 of the Collin County
Outer Loop, conveyed to Collin County, Texas, recorded in Document
No. 20201228002329490 OPRCCT;
THENCE along the south line of Parcel No. 55, the following:
N 89°13'13" E, 1847.93 feet;
S 75°42'54" E, 83.36 feet;
N 89°29'18" E, 575.84 feet to a 5/8" iron rod with plastic cap found;
N 77°50'04" E, 123.39 feet;
And N 89°13'13" E, 1179.82 feet to the intersection thereof with
Parcel No. 55A, Collin County Outer Loop, recorded in Document
No. 20201228002329480 OPRCCT;
THENCE along the west line of Parcel No. 55A, the following:
S 00°24'06" W, 518.61 feet;
S 46°23'53" W, 36.07 feet;
And S 00°29'10" W, 36.57 feet to a point in County Road 125, from
which a MAG nail found for the southeast corner of Parcel No. 55A
bears S 88°36'07" E, 86.01 feet;
THENCE generally along County Road 125, the following:
N 88°36'07" W, 1021.75 feet;
N 89°21'02" W, 349.12 feet;
N 78°33'01" W, 250.03 feet;
N 89°09'30" W, 961.79 feet;
And S 89°35'13" W, 1191.81 feet to the POINT OF BEGINNING with the
subject tract containing 1,865,734 square feet or 42.831 acres of
land.
Tract 5
BEING a tract of land situated in the G. Key Survey, Abstract
No. 507, the G. Kenneday Survey, Abstract No. 498, the J. Brown
Survey, Abstract No. 101, the J. Brown Survey, Abstract No. 82, the
T. & P.R.R. Co. Survey, Abstract No. 930, the C. Gilman Survey,
Abstract No. 345, the A. Chandler Survey, Abstract No. 199, and the
T. Culwell Survey, Abstract No. 207, in Collin County, Texas, being
part of a tract conveyed to BFJ Land, LLC, by deed recorded in
Document No. 20130913001293160 of the Official Public Records,
Collin County, Texas (OPRCCT), with the subject tract being more
particularly described as follows:
BEGINNING at a MAG nail found at the intersection of the west line
of Farm to Market Road 543, a variable width public right-of-way,
with the approximate centerline of County Road 170, a public road;
THENCE along the west line of Farm to Market Road 543, the
following:
S 00°00'17" E, 256.98 feet;
S 89°59'43" W, 10.00 feet;
And S 00°00'17" E, 810.56 feet to a 5/8" iron rod with plastic cap
found for the northeast corner of Parcel No. 55 of the Collin County
Outer Loop, conveyed to Collin County, Texas, recorded in Document
No. 20201228002329490 OPRCCT;
THENCE along the north line of the Collin County Outer Loop, the
following:
N 89°53'41" W, 313.33 feet;
A non-tangent curve to the left having a central angle of 01°35'48",
a radius of 3330.00 feet, a chord of S 83°55'22" W - 92.80 feet, an
arc length of 92.80 feet to a 5/8" iron rod with plastic cap found;
S 64°20'13" W, 97.13 feet;
A non-tangent curve to the left having a central angle of 22°50'56",
a radius of 3300.00 feet, a chord of S 70°06'12" W - 1307.30 feet, an
arc length of 1316.00 feet;
S 63°14'13" W, 196.76 feet;
S 56°59'48" W, 309.75 feet to a 5/8" iron rod with plastic cap found;
A non-tangent curve to the left having a central angle of 03°21'16",
a radius of 3345.00 feet, a chord of S 48°18'19" W - 195.81 feet, an
arc length of 195.84 feet;
S 46°37'41" W, 121.56 feet;
S 43°03'59" E, 45.00 feet;
S 46°37'41" W, 1979.12 feet;
A tangent curve to the right having a central angle of 32°26'57", a
radius of 2800.00 feet, a chord of S 62°51'10" W - 1564.66 feet, an
arc length of 1585.77 feet;
N 10°55'22" W, 20.00 feet;
A non-tangent curve to the right having a central angle of
09°45'20", a radius of 2780.00 feet, a chord of S 83°57'18" W - 472.77
feet, an arc length of 473.34 feet;
S 42°21'15" W, 27.49 feet;
S 89°13'13" W, 714.00 feet to a 5/8" iron rod with plastic cap found;
N 76°44'37" W, 82.46 feet;
S 89°13'13" W, 280.00 feet;
S 75°11'03" W, 82.46 feet;
S 89°13'13" W, 307.30 feet;
N 82°15'37" W, 202.50 feet;
S 89°13'13" W, 246.60 feet;
S 75°00'42" W, 122.22 feet to a 5/8" iron rod with plastic cap found;
S 89°13'13" W, 1970.64 feet to a 5/8" iron rod with plastic cap
found;
N 73°27'52" W, 134.40 feet to a 5/8" iron rod with plastic cap found;
S 89°13'13" W, 123.90 feet;
S 78°50'55" W, 222.18 feet;
S 89°13'13" W, 1680.55 feet to a 5/8" iron rod found;
N 72°20'58" W, 158.15 feet;
S 89°13'13" W, 232.53 feet;
S 82°45'07" W, 443.83 feet;
And S 89°13'13" W, 1708.36 feet to the east line of a tract conveyed
to the Larry and Carolyn Smith Irrevocable Trust, recorded in
Document No. 20220321000448030 OPRCCT, and from which a 5/8" iron
rod with plastic cap found for the southwest corner of Parcel No. 55
bears S 00°49'29" E, 500.00 feet;
THENCE along the east line thereof, the following:
N 01°07'40" W, 435.57 feet;
N 01°18'23" W, 387.98 feet;
And N 02°26'05" W, 106.54 feet to the southeast corner of a tract
conveyed to Virgil Dean and Patsy Marie Lassiter, recorded in
Document No. 19941222001121230 OPRCCT;
THENCE N 00°56'54" E, 156.43 feet along the common line thereof to
the southeast corner of a tract conveyed to Dewayne L. Connel and
Michelle A. Sutherland, recorded in Volume 3812, Page 213 DRCCT;
THENCE N 00°10'24" W, 295.02 feet along the common line thereof to
the southeast corner of a tract conveyed to Nicid Limited
Partnership II, recorded in Document No. 20081016001233460 OPRCCT;
THENCE N 01°22'54" W, 646.59 feet along the common line thereof to
the southerly southeast corner of a tract conveyed to the Charles
and Judith Frisk Revocable Trust, recorded in Document
No. 20210311000489230 OPRCCT;
THENCE N 01°21'12" E, 20.49 feet along the common line thereof;
THENCE N 01°02'06" W, 286.18 feet continuing along the common line
thereof to the southeast corner of a tract conveyed to Erik A.
Frisk, recorded in Volume 4729, Page 2171 DRCCT;
THENCE N 01°03'26" W, 311.32 feet along the common line thereof to
the northerly southeast corner of said Charles and Judith Frisk
Revocable Trust tract;
THENCE N 00°59'52" W, 663.21 feet continuing along the common line
thereof to a 1/2" iron rod with plastic cap found on the south line
of a private drive, and being the south line of those tracts
conveyed to Craig and Amy Teague, recorded in Volume 4877, Page
2565, and Volume 5007, Page 3138 DRCCT;
THENCE along the south line thereof, the following:
N 89°01'36" E, 553.52 feet to a 1/2" iron rod found;
N 88°40'13" E, 447.30 feet to a 1/2" iron rod found;
N 89°20'48" E, 404.48 feet;
And N 88°30'22" E, 357.82 feet to the southwest corner of a tract
conveyed to the William E. and Barbara Vollweiler Revocable Living
Trust, recorded in Document No. 20080221000205330 OPRCCT;
THENCE S 88°47'05" E, 819.32 feet along the south line thereof;
THENCE N 00°18'05" W, 2596.78 feet along the east line of said
Vollweiler tract to the northeast corner thereof, being on the
south line of County Road 170;
THENCE along the south line of County Road 170, the following:
S 89°36'52" E, 2265.75 feet to a 5/8" iron rod with plastic cap
found;
N 84°29'56" E, 595.90 feet;
N 53°59'54" E, 105.45 feet to a 5/8" iron rod with plastic cap found;
S 88°08'32" E, 1050.49 feet;
And N 81°21'01" E, 193.41 feet to a point being the intersection of
said road with the south line of the Ninth Tract, conveyed to Frisby
Farms, Ltd., recorded in Volume 4944, Page 637 DRCCT;
THENCE S 88°17'50" E, 432.78 feet along the south line of said
remainder, to a point in the approximate center of Honey Creek;
THENCE along said creek, the following:
S 04°23'54" E, 66.95 feet;
S 31°44'39" E, 101.65 feet;
S 87°27'00" E, 152.99 feet;
S 77°08'23" E, 101.41 feet;
S 64°59'58" E, 180.84 feet;
S 59°31'22" E, 186.47 feet;
S 87°17'31" E, 118.78 feet;
S 68°57'40" E, 84.18 feet;
S 42°05'54" E, 58.19 feet;
S 21°37'37" E, 94.16 feet;
S 07°01'51" E, 248.93 feet;
S 16°21'00" E, 142.80 feet;
S 34°20'12" E, 262.52 feet;
S 12°27'30" E, 88.32 feet;
S 22°55'26" W, 77.02 feet;
S 55°47'23" W, 123.79 feet;
S 33°58'18" W, 104.89 feet;
S 08°33'45" W, 66.59 feet;
S 09°33'25" E, 54.44 feet;
S 35°06'15" E, 122.33 feet;
S 69°27'25" E, 79.39 feet;
S 85°59'57" E, 131.66 feet;
S 81°05'37" E, 209.83 feet;
S 45°06'29" E, 230.63 feet;
And S 30°27'32" E, 107.90 feet, a point being the southwest corner of
a tract conveyed to Nina Dowell Ringley, recorded in Document
No. 20200928001659290 OPRCCT;
THENCE S 88°43'17" E, 1048.46 feet along the common line thereof to a
1/2" iron rod found;
THENCE S 88°40'31" E, 466.85 feet continuing along the common line
thereof;
THENCE N 01°03'47" E, 1526.96 feet continuing along the common line
of said Ringley tract to a 3/8" iron rod found for the southeast
corner of a tract conveyed to Corbin Dowell Ringley, recorded in
Document No. 20210917001902070 OPRCCT;
THENCE N 01°40'38" E, 838.60 feet along the common line thereof to a
1/2" iron rod found on the south line of a tract conveyed to The 58
Land Group, LLC, recorded in Document No. 20120419000457790
OPRCCT;
THENCE S 88°48'30" E, 1065.04 feet along the south line thereof, and
of a tract conveyed to Evans McKee Living Trust, recorded in
Document No. 2024000027076 OPRCCT;
THENCE S 88°34'45" E, 1000.00 feet along the south line thereof;
THENCE S 89°32'45" E, 211.00 feet continuing along the south line
thereof;
THENCE S 89°52'45" E, 342.33 feet continuing along the south line of
said McKee tract to a 1/2" iron rod with plastic cap found in County
Road 170;
THENCE S 01°38'07" W, 1997.66 feet along said road to a 1/2" iron rod
with plastic cap found for a bend point thereof;
THENCE S 89°52'07" E, 1464.59 feet continuing along County Road 170
to the POINT OF BEGINNING with the subject tract containing
62,892,029 square feet or 1443.802 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. (a) Section 4019.0313, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 4019, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 4019.0313 to read as follows:
Sec. 4019.0313. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SECTION 5. 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, 2025.
Pos. No. Name of Director
1 Eric Burton
2 Mike Alley
3 Jacob Thompson
4 Rodney Price
5 David Medis