89R25135 JTZ-F By: Luther H.B. No. 5684 A BILL TO BE ENTITLED relating to the creation of the Alluvium Ranch Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain. 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 4014 to read as follows: CHAPTER 4014. ALLUVIUM RANCH MUNICIPAL MANAGEMENT DISTRICT NO. 1 SUBCHAPTER A. GENERAL PROVISIONS Sec. 4014.0101. DEFINITIONS. In this chapter: (1) "Board" means the district's board of directors. (2) "City" means the City of Sherman. (3) "County" means Grayson County. (4) "Director" means a board member. (5) "District" means the Alluvium Ranch Municipal Management District No. 1. Sec. 4014.0102. NATURE OF DISTRICT. The Alluvium Ranch Municipal Management District No. 1 is a special district created under Section 59, Article XVI, Texas Constitution. Sec. 4014.0103. 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, or 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 or 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 any city or county services provided in the district. Sec. 4014.0104. 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. 4014.0105. 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. 4014.0106. 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. 4014.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district. Sec. 4014.0108. 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. 4014.0201. 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. 4014.0202. 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. 4014.0203. 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 Tim McNutt 1 Tim McNutt 1 Tim McNutt 2 Buck Nguyen 2 Buck Nguyen 2 Buck Nguyen 3 Felix Wong 3 Felix Wong 3 Felix Wong 4 Darrell Rogers 4 Darrell Rogers 4 Darrell Rogers 5 Damian Perez 5 Damian Perez 5 Damian Perez (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. 4014.0301. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created. Sec. 4014.0302. 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 under 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. 4014.0303. 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. 4014.0304. LAW ENFORCEMENT SERVICES. To protect the public interest, the district may contract with a qualified party, including the city or the county, to provide law enforcement services in the district for a fee. Sec. 4014.0305. 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. 4014.0306. 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. 4014.0307. 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. 4014.0308. 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. 4014.0309. ADDING OR EXCLUDING LAND. Except as provided by Section 4014.0310, 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. 4014.0310. 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. (g) A political subdivision's consent to the creation of the district and to the inclusion of land in the district granted under Section 4014.0505 acts as the political subdivision's 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. (h) Any new district created by the division of the district must hold an election as required by this chapter to obtain voter approval before the district may impose a maintenance tax. Sec. 4014.0311. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT. Section 375.161, Local Government Code, does not apply to the district. Sec. 4014.0312. 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. 4014.0401. 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. 4014.0402. 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 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. SUBCHAPTER E. TAXES AND BONDS Sec. 4014.0501. TAX ELECTION REQUIRED. (a) 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. (b) Section 375.243, Local Government Code, does not apply to the district. Sec. 4014.0502. OPERATION AND MAINTENANCE TAX. (a) If authorized by a majority of the district voters voting at an election under Section 4014.0501, 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. 4014.0503. 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, 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 not issue bonds, notes, or other obligations payable wholly or partly from ad valorem taxes. (d) 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, county, or other retail utility provider pursuant to an agreement with the district entered into before the issuance of the obligation. Sec. 4014.0504. 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. 4014.0505. CONSENT OF POLITICAL SUBDIVISION REQUIRED. (a) The board may not issue bonds until each political subdivision in which the district is located from which consent is required by applicable general law has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district. (b) This section applies only to the district's first issuance of bonds. SUBCHAPTER I. DISSOLUTION Sec. 4014.0901. 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 Alluvium Ranch Municipal Management District No. 1 initially includes all territory contained in the following area: BEING a tract of land situated in the Aaron Burleson Survey, Abstract No. 61, James Blagg Survey, Abstract No. 63 and the James Fox Survey, Abstract No. 425, Grayson County, Texas, and being all of a called "First Tract", all of a called "Third Tract", and part of a called "Second Tract, described in a deed to Gerald Eugene Russell, as recorded in Volume 4450, Page 379, all of a called "Third Tract", all of a called "Fourth Tract", all of a called "Fifth Tract", and part of a called "First Tract, described in a deed to Carolyn Washburn Russell and husband, Gerald Eugene Russell, as recorded in Volume 4450, Page 386, and all of a called 49.884-acre tract of land, described in a deed to Gerald Eugene Russell and Carolyn Washburn Russell, as recorded in Instrument No. 2018-4763, all of the Official Records, Grayson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod with red plastic cap stamped "KHA" set for the southeast corner of said "First Tract" (V4450/P386) and the southwest corner of a called 1.2-acre tract of land described in a deed to Christopher B. Robinson and Luanna Colette Robinson, as recorded in Volume 5634, Page 832, said Official Records, same being on the northerly right-of-way line of F. M. 697, a 100 foot right of way; THENCE North 83°50'59" West, along the southerly line of said "First Tract" (V4450/P386) and along the northerly right-of-way line of said F. M. 697, and generally along a barbed wire fence, a distance of 467.07 feet to a point for corner from which a concrete monument found for witness bears South 39°51'38" West, 1.65 feet, same being at the beginning of a tangent curve to the right with a radius of 522.96 feet, a central angle of 02°04'00", and a chord bearing and distance of North 82°49'00" West, 18.86 feet; THENCE in a westerly direction, continuing along the southerly line of said "First Tract" (V4450/P386) and the northerly right-of-way line of said F. M. 697, and generally along a barbed wire fence, and with said curve to the right, an arc distance of 18.86 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" set on the northerly right of way line of said F. M. 697; THENCE North 09°06'10" East, departing the northerly right of way line of said F. M. 697, over and across said "First Tract" (V4450/P386), a distance of 848.30 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" set for corner; THENCE North 75°29'11" West, continuing across said "First Tract" (V4450/P386), a distance of 680.84 feet to a 5/8-inch iron rod with a red plastic cap, stamped "KHA" set for corner on the westerly line of said "First Tract" (V4450/P386), same being on the easterly line of a called 20.000-acre tract of land, described in a deed to Jeff Lillard and wife, Nicole Lillard, as recorded in Volume 3845, Page 642, said Official Records; THENCE North 14°30'49" East, along the westerly line of said "First Tract" (V4450/P386) and the easterly line of said 20.000-acre tract, and generally along a barbed wire fence, a distance of 1,002.95 feet to a 1/2-inch iron rod found for the northeast corner of said 20.000-acre tract, same being the southeast corner of a called 33.000-acre tract of land, described in a deed to Majestic Acres, LLC, as recorded in Instrument No. 2021-36701, said Official Records; THENCE North 14°24'17" East, along the westerly line of said "First Tract" (V4450/P386) and the easterly line of said 33.000-acre tract, passing a 1/2-inch iron rod found for the northwest corner of said "First Tract" (V4450/P386) and the southwest corner of aforesaid 49.884-acre tract, and continuing along the westerly line of said 49.884-acre tract, and generally along a barbed wire fence, a distance of 970.56 feet to a 1/2-inch iron rod found for the northeast corner of said 33.000-acre tract and the southeast corner of the aforesaid "First Tract" (V4450/P379); THENCE North 74°43'02" West, along the southerly line of said "First Tract" (V4450/P379) and the northerly line of said 33.000-acre tract, and generally along a barbed wire fence, passing a 5/8-inch iron rod with a plastic cap, stamped "PRESTON TRAILS LAND SURVEYING" found for the northerly, northwest corner of said 33.000-acre tract and the northeast corner of the remainder of a called 46.915-acre tract of land, described in a deed to Robert Bandy Jeffrey and wife, Melanie Diane Jeffrey, as recorded in Instrument No. 2019-13286, said Official Records,, passing a 5/8-inch iron rod found for the northernmost northwest corner of said 46.915-acre tract and the northeast corner of a called 0.48-acre tract of land described in a deed to Jim Edwin Bennett, as recorded in Volume 2730, Page 596, of the Official Records of Grayson County, and continuing along the northerly line of said 0.48-acre tract, a total distance of 2,682.91 feet to a 1/2-inch iron rod found for the southwest corner of said "First Tract" (V4450/P379) and the northwest corner of said 0.48-acre tract, same being on the easterly line of a tract of land described as "Second Tract" in a deed to Sharon A. and Richard E. Bennett, as recorded in Volume 3489, Page 394, said Official Records; THENCE North 13°43'37" East, along the westerly line of said "First Tract" (V4450/P379) and the easterly line of said "Second Tract" (V3489/P394), and generally along a barbed wire fence, a distance of 725.60 feet to a 1/2-inch iron rod found for the westernmost northwest corner of said "First Tract" (V4450/P379) and the northeast corner of said Second Tract" (V3489/P394), same being on the southerly line of a called 40-acre tract of land described in a deed to Willie Matthews, as recorded in Volume 5239, Page 424, said Official Records; THENCE South 74°41'25" East, continuing along the westerly line of said "First Tract" (V4450/P379) and along the southerly line of said 40-acre tract, a distance of 514.24 feet to a 5/8-iron rod with red plastic cap stamped "KHA" set for the southeast corner of said 40-acre tract; THENCE North 13°38'25" East, continuing along the westerly line of said "First Tract" (V4450/P379) and along the easterly line of said 40-acre tract, a distance of 1,277.88 feet to a PK Nail found in J.P. Cave Road (asphalt road, no record found) for the northernmost northwest corner of said "First Tract" (V4450/P379) and the southwest corner of a called 1.50-acre tract of land described in a deed to Erik Vanmeter and Wife, Melanie Vanmeter, as recorded in Volume 5995, Page 768, said Official Records; THENCE South 75°54'11" East, departing the easterly line of said 40-acre tract and along the northerly line of said "First Tract" (V4450/P379) and the southerly line of said 1.50-acre tract, and generally along a barbed wire fence, passing a 1/2-inch iron rod found for the southeast corner of said 1.50-acre tract and the southernmost southwest corner of a called 28.731-acre tract of land described in a deed to Larry M. McAninch and Wife, Jacqueline M. McAninch, as recorded in Volume 2649, Page 251, said Official Records, and continuing along the southerly line of said 28.731-acre tract, a total distance of 694.21 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" set for corner; THENCE South 76°16'54" East, continuing along the northerly line of said "First Tract" (V4450/P379) and the southerly line of said 28.731-acre tract, and generally along a barbed wire fence, a distance of 547.57 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" set for corner; THENCE South 76°41'22" East, continuing along the northerly line of said "First Tract" (V4450/P379) and the southerly line of said 28.731-acre tract, and generally along a barbed wire fence, a distance of 565.74 feet to a 1/2-inch iron rod found for the southeast corner of said 28.731-acre tract and the southwest corner of a called 9.687-acre tract of land described in a deed to Larry M. McAninch and Wife, Jacqueline M. McAninch, as recorded in Volume 2649, Page 244, said Official Records; THENCE South 76°29'19" East, continuing along the northerly line of said "First Tract" (V4450/P379) and along the southerly line of said 9.687-acre tract, and generally along a barbed wire fence, a distance of 219.89 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" set for corner; THENCE South 77°14'21" East, continuing along the northerly line of said "First Tract" (V4450/P379) and the southerly line of said 9.687-acre tract, and generally along a barbed wire fence, a distance of 137.29 feet to a 3-inch iron pipe found for the southeast corner of said 9.687-acre tract, same being on the westerly line of a called 8.251-acre tract of land described in a deed to Alejandro L. Quiroz and Wife, Carina Quiroz, as recorded in Instrument No. 2021-31579, said Official Records; THENCE South 12°59'51" West, continuing along the northerly line of said "First Tract" (V4450/P379) and along the westerly line of said 8.251-acre tract, and generally along a barbed wire fence, a distance of 76.42 feet to an aluminum disk stamped "COPLEY RPLS 66720" found for the northeast corner of said "First Tract" (V4450/P379) and the southwest corner of said 8.251-acre tract and the northwest corner of the aforementioned "Second Tract" (V4450/P379); THENCE South 76°42'52" East, along the northerly line of said "Second Tract" (V4450/P379) and along the southerly line of said 8.251-acre tract, and generally along a barbed wire fence, a distance of 665.68 feet to an aluminum disk stamped "COPLEY RPLS 66720" found for the northeast corner of said "Second Tract" (V4450/P379) and the southeast corner of said 8.251-acre and the northwest corner of the aforementioned "Third Tract" (V4450/P379) and the southwest corner of the aforementioned "Fifth Tract" (V4450/P386); THENCE North 14°04'41" East, along the easterly line of said 8.251-acre tract and the westerly line of said "Fifth Tract" (V4450/P386), and generally along a barbed wire fence, passing an aluminum disk stamped "COPLEY RPLS 66720" found for the northeast corner of said 8.251-acre tract, and along the easterly line of a called 16.504-acre tract of land described in a deed to Ronnie Boyd, as recorded in Instrument No. 2017-22249, said Official Records, a total distance of 1,076.31 feet to an aluminum disk stamped "COPLEY RPLS 66720" found for the northwest corner of said "Fifth Tract" (V4450/P386) and the northeast corner of said 16.504-acre tract, same being on the southerly line of the aforementioned "Fourth Tract" (V4450/P386); THENCE North 76°28'54" West, along the northerly line of said 16.504-acre tract and along the southerly line of said "Fourth Tract" (V4450/P386), a distance of 668.69 feet to an aluminum disk stamped "COPLEY RPLS 66720" found for the southwest corner of said "Fourth Tract" (V4450/P386) and the northwest corner of said 16.504-acre tract, same being on the easterly line of a called 2.5-acre tract of land described in a deed to Colored Methodist Episcopal Church of America (CME), as recorded in Volume 42, Page 80, said Official Records; THENCE North 13°51'33" East, along the westerly line of said "Fourth Tract" (V4450/P386) and along the easterly line of said 2.5-acre tract, and generally along a barbed wire fence, a distance of 447.86 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" set for the northwest corner of said "Fourth Tract" (V4450/P386) and the northeast corner of said 2.5-acre tract and the southwest corner of a called 14.66-acre tract of land described in a deed to Charles Rex Gibson and Wife, Mary L. Gibson, as recorded in Volume 1548, Page 521, said Official Records; THENCE South 75°23'21" East, along the northerly line of said "Fourth Tract" (V4450/P386) and along the southerly line of said 14.66-acre tract, a distance of 460.90 feet to a point for corner; THENCE North 84°01'11" East, continuing along the northerly line of said "Fourth Tract" (V4450/P386) and the southerly line of said 14.66-acre tract and along the southerly line of a tract of land described in a deed to Colored Methodist Episcopal Church of America (CME), as recorded in volume 64, Page 218, said Official Records, a distance of 265.90 feet to a point for the corner; THENCE South 76°28'54" East, continuing along the northerly line of said "Fourth Tract" (V4450/P386) and the southerly line of said CME tract (V64/P218) and along the northerly line of the aforementioned "Third Tract" (V4450/P386), a distance of 202.81 feet to a point for the southeast corner of said CME tract (V64/P218); THENCE North 14°01'04" East, continuing along the northerly line of said "Third Tract" (V4450/P386) and along the easterly line of said CME tract (V64/P218), a distance of 265.59 feet to a point for the northernmost northwest corner of said "Third Tract" (V4450/P386) and the northeast corner of said CME tract (V64/P218), same being on the southerly line of the aforementioned 14.66-acre tract; THENCE South 41°53'21" East, continuing along the northerly line of said "Third Tract" (V4450/P386) and along the southerly line of said 14.66-acre tract, a distance of 412.83 feet to a point for corner; THENCE North 69°21'39" East, continuing along the northerly line of said "Third Tract" (V4450/P386) and the southerly line of said 14.66-acre tract, a distance of 105.75 feet to a point for the northeast corner of said "Third Tract" (V4450/P386) and the southeast corner of said 14.66-acre tract, same being on the westerly line of a called 20.804-acre tract of land described in a deed to Jeffery Don Hurt, as recorded in Instrument No. 2019-8550, said Official Records; THENCE South 13°03'56" West, along the easterly line of said "Third Tract" (V4450/P386) and the westerly line of said 20.804-acre tract, a distance of 323.24 feet to a 1/2-inch iron rod found for the southwest corner of said 20.804-acre tract and the westernmost northwest corner of a called 12.5-acre tract of land described in a deed to Oscar G. Bevels and Wife, Theda J. Bevels, as recorded in Volume 1580, Page 202, said Official Records; THENCE South 14°09'20" West, continuing along the easterly line of said "Third Tract" (V4450/P386) and along the westerly line of said 12.5-acre tract and along the easterly line of the aforementioned "Fifth Tract" (V4450/P386) and along the westerly lines of a called 12.915-acre tract of land described in a deed to Micha Paul Speciale and Erin Sue Speciale, as recorded in Instrument No. 2021-8954, said Official Records, and a called 1.004-acre tract of land described in a deed to Thomas Philbrook Crabtree and Terri Crabtree, as recorded in Instrument No. 2020-24244, said Official Records, and a called 12.684-acre tract of land described in a deed to Beryl F. Mackey and Wife, Barbara J. Mackey, as recorded in Volume 593, Page 460, said Official Records, a distance of 1,368.77 feet to a 60D Nail found for the southeast corner of said "Fifth Tract" (V4450/P386) and the southwest corner of said 12.864-acre tract and the northeast corner of the aforementioned "Third Tract" (V4450/P379) and the northwest corner of a called 25-acre tract of land described in a deed to Beryl F. Mackey and Wife, Barbara J. Mackey, as recorded in Volume 1161, Page 71, said Official Records; THENCE South 14°03'49" West, along the easterly line of said "Third Tract" (V4450/P379) and along the westerly line of said 25-acre tract and along the westerly line of a called 26.36-acre tract of land described in a deed to Beryl F. Mackey and Wife, Barbara J. Mackey, as recorded in Volume 2178, Page 367, said Official Records, a distance of 529.29 feet to a 1/2-inch iron rod found for the southeast corner of said "Third Tract" (V4450/P379) and the northeast corner of the aforementioned 49.884-acre tract; THENCE South 13°36'00" West, continuing along the westerly line of said 26.36-acre tract and along the easterly line of said 49.884-acre tract, and generally along a barbed wire fence, a distance of 825.98 feet to a 8-inch wood post found for the easternmost southeast corner of said 49.884-acre tract and the southwest corner of said 26.36-acre tract, same being on the northerly line of a called 62.934-acre tract of land described in a deed to Whitmire Forward, L.C., as recorded in volume 5568, Page 523, said Official Records; THENCE North 76°21'57" West, continuing along the easterly line of said 49.884-acre tract and along the northerly line of said 62.934-acre tract, and generally along a barbed wire fence, a distance of 78.43 feet to a 4-inch wood post found for the northwest corner of said 62.934-acre tract; THENCE South 14°35'55" West, continuing along the easterly line of said 49.884-acre tract, and along the westerly line of said 62.934-acre tract, and along the easterly line of the aforementioned "First Tract" (V4450/P386), and along the westerly line of said 1.2 acre tract, and generally along a barbed wire fence, a distance of 3,408.41 feet to the POINT OF BEGINNING and containing 269.03 acres (11,718,769 sq. ft.) of land, more or less. BEING a tract of land situated in the James fox Survey, Abstract No. 425, Grayson County, Texas and being all of a called 218.4-acre tract of land described in a deed to Gerald Eugene Russell, as recorded in Volume 1650, Page 58, Official Records, Grayson County, Texas, and being all of a called 15.00-acre tract of land described in a deed to Gerald Eugene Russell, as recorded in Volume 1580, Page 285, said Official Records, and being all of a called 132.87-acre tract of land described in a deed to Gerald Eugene Russell and Wife, Jamie C. Russell, as recorded in Volume 3135, Page 698, said Official Records, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod with plastic cap stamped "COX 4577" found for the westernmost northwest corner of said 15.00-acre tract and the northeast corner of a called 74.889-acre tract of land described in a deed to Ravundra Reddy Munnangi, et al, as recorded in Instrument No. 2020-34603, said Official Records, same being on the southerly right-of-way line of F.M. 697, a 100' wide right of way; THENCE South 77°28'57" East, along the northerly line of said 15.00-acre tract of land and along the southerly right-of-way line of said F.M. 697, a distance of 205.17 feet to a point for the northwest corner of a called 2.32-acre tract of land described in a deed to Susan K. Strawn & Taylor L. Strawn, as recorded in Volume 1721, Page 289, and Volume 5315, Page 540, said Official Records, from which a 1/2-inch iron rod found for witness bears North 01°48'39" East, 0.86 feet; THENCE departing the southerly right-of-way line of said F.M. 697 and along the common line of said 15.00-acre tract and said 2.32-acre tract the following courses and distances: South 04°51'54" West, a distance of 431.34 feet to a 1-inch iron rod found for the southwest corner of said 2.32-acre tract; South 74°15'33" East, a distance of 233.58 feet to a 1/2-inch iron rod found for the southeast corner of said 2.32-acre tract; North 05°02'58" East, a distance of 444.47 feet to a point for the northeast corner of said 2.32-acre tract from which a 1/2-inch iron rod found for witness bears North 05°02'58" East, 0.96 feet, same being on the southerly right-of-way line of said F.M. 697; THENCE South 77°29'59" East, along the northerly line of said 15.00-acre tract and the southerly right-of-way line of said F.M. 697 and along the northerly line of the aforementioned 218.4-acre tract, a distance of 624.98 feet to a concrete monument found at the beginning of a non-tangent curve to the right with a radius of 1,095.92 feet, a central angle of 10°04'00", and a chord bearing and distance of South 72°27'59" East, 192.30 feet; THENCE along the common line of said 218.4-acre tract and said F.M. 697 the following courses and distances: In an easterly direction, with said curve to the right, an arc distance of 192.55 feet to a concrete monument found for the end of said curve to the right; South 67°25'59" East, a distance of 845.35 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" set for corner; South 65°55'59" East, a distance of 1,165.85 feet to a point for corner from which a concrete monument found for witness bears South 64°27'10" West, 1.11 feet, same being the beginning of a non-tangent curve to the left with a radius of 622.96 feet, a central angle of 17°55'00", and a chord bearing and distance of South 74°53'29" East, 194.01 feet; In an easterly direction, with said non-tangent curve to the left, an arc distance of 194.80 feet to a point for the end of said curve to the left, from which a concrete monument found for witness bears South 84°39'27" West, 1.46 feet; South 83°50'59" East, a distance of 1,043.22 feet to a wood post found for the northeast corner of said 218.4-acre tract and the northwest corner of a called 1.00-acre tract of land described in a deed to Donnie J. Moody and Wife, Joy G. Moody, as recorded in Volume 3251, Page 31, said Official Records; THENCE South 09°26'22" West, departing the southerly right-of-way line of said F.M. 697 and along the easterly line of said 218.4-acre tract and the westerly line of said 1.00-acre tract (V3251/P31), and generally along a barbed wire fence, a distance of 166.93 feet to a 1/2-inch iron rod found for the southwest corner of said 1.00-acre tract and a northwest corner of the aforementioned 132.87-acre tract; THENCE South 78°31'18" East, departing the easterly line of said 218.4-acre tract and along the northerly line of said 132.87-acre tract and the southerly line of said 1.00-acre tract (V3251/P31), and generally along a barbed wire fence, a distance of 262.37 feet to a T-Post found for the southeast corner of said 1.00-acre tract (V3251/P31); THENCE North 12°37'50" East, continuing along the northerly line of said 132.87-acre tract and along the easterly line of said 1.00-acre tract (V3251/P31), and generally along a barbed wire fence, a distance of 162.17 feet to a wood post found for the northeast corner of said 1.00-acre tract (V3251/P31), same being on the southerly right-of-way line of said F.M. 697; THENCE South 75°51'59" East, continuing along the northerly line of said 132.87-acre tract and along the southerly right-of-way line of said F.M. 697, and generally along a barbed wire fence, a distance of 205.57 feet to a point for the northwest corner of a called 1.00-acre tract of land described in a deed to Eber Granados Gutierrez, as recorded in Instrument No. 2021-42275, said Official Records, from which a 1/2-inch iron rod with plastic cap stamped "RPLS 4709" found for witness bears North 08°07'51" East, 8.10 feet; THENCE departing the southerly right-of-way line of said F.M. 697 and along the common line of said 132.87-acre tract and said 1.00-acre tract (2021-42275), and generally along a barbed wire fence, the following courses and distances: South 14°27'51" West, a distance of 146.85 feet to a 6-inch wood post found for the southwest corner of said 1.00-acre tract (2021-42275); South 75°48'18" East, a distance of 280.88 feet to a 1/2-inch iron rod with plastic cap stamped "RPLS 4709" found for the southeast corner of said 1.00-acre tract (2021-42275); North 14°11'15" East, a distance of 157.15 feet to a point for the northeast corner of said 1.00-acre tract (2021-42275), from which a 1/2-inch iron rod with plastic cap stamped "RPLS 4709" found for witness bears South 16°28'27" West, 1.85 feet, same being on the southerly right-of-way line of said F.M. 697; THENCE along the common line of said 132.87-acre tract and said F.M. 697 the following courses and distances: South 75°51'59" East, a distance of 188.32 feet to a point for corner, from which a concrete monument found for witness bears South 71°52'13" West, 3.74 feet, same being at the beginning of a non-tangent curve to the right with a radius of 522.84 feet, a central angle of 49°57'45", and a chord bearing and distance of South 50°53'29" East, 441.61 feet; In an easterly direction, with said curve to the right, an arc distance of 455.92 feet to a point for the end of said curve to the right, from which a concrete monument found for witness bears South 87°48'19" West, 2.52 feet; South 25°54'59" East, a distance of 910.46 feet to a point for the easternmost corner of said 132.87-acre tract and the northeast corner of a called 124.414-acre tract of land described as "Tract 2" in a deed to Larry W. Melton, as recorded in Volume 3849, Page 188, said Official Records, same being in Choctaw Creek; THENCE departing the southerly right-of-way line of said F.M. 697 and along the common line of said 132.87-acre tract and said "Tract 2" and along the general meanders of Choctaw Creek the following courses and distances: South 56°08'21" West, a distance of 103.61 feet to a point for corner; South 73°21'05" West, a distance of 237.58 feet to a point for corner; South 64°01'04" West, a distance of 305.89 feet to a point for corner; North 89°41'21" West, a distance of 205.26 feet to a point for corner; South 80°00'48" West, a distance of 260.78 feet to a point for corner; South 71°24'17" West, a distance of 110.54 feet to a point for corner; South 38°03'55" West, a distance of 117.60 feet to a point for corner; South 05°34'27" West, a distance of 239.30 feet to a point for corner; South 11°40'11" East, a distance of 142.22 feet to a point for corner; South 39°20'36" East, a distance of 101.35 feet to a point for corner; South 39°58'17" East, a distance of 199.83 feet to a point for corner; South 39°58'17" East, a distance of 110.07 feet to a point for corner, same being on the northerly line of a called 276.44-acre tract of land described as "Tract 7" in a deed to Martha Haynes, as recorded in Volume 5610, Page 603, said Official Records; THENCE North 74°33'33" West, departing the westerly line of said "Tract 2" and along the common line of said 132.87-acre tract and said "Tract 7", a distance of 682.51 feet to a point for corner in a stream; THENCE along said common line and said stream the following courses and distances: South 20°47'00" East, a distance of 103.76 feet to a point for corner; South 20°12'28" East, a distance of 45.10 feet to a point for corner; South 00°27'17" West, a distance of 45.64 feet to a point for corner; South 60°21'26" West, a distance of 25.27 feet to a point for corner; North 67°56'34" West, a distance of 28.82 feet to a point for corner; North 45°37'05" West, a distance of 46.36 feet to a point for corner; North 60°35'15" West, a distance of 76.41 feet to a point for corner; North 67°28'34" West, a distance of 49.20 feet to a point for corner; South 43°27'02" West, a distance of 53.35 feet to a point for corner; South 00°42'58" West, a distance of 79.05 feet to a point for corner; South 39°12'28" East, a distance of 40.43 feet to a point for corner; South 19°56'28" East, a distance of 36.60 feet to a point for corner; South 31°17'55" West, a distance of 91.19 feet to a point for corner; South 47°37'43" West, a distance of 35.64 feet to a point for corner; South 80°02'12" West, a distance of 37.30 feet to a point for corner; North 78°10'21" West, a distance of 38.10 feet to a point for corner; North 34°44'12" West, a distance of 32.96 feet to a point for corner; South 49°19'29" West, a distance of 33.34 feet to a point for corner; South 29°11'20" West, a distance of 38.51 feet to a point for corner; South 38°22'14" East, a distance of 60.60 feet to a point for corner; South 03°02'46" West, a distance of 67.58 feet to a point for corner; South 36°00'41" West, a distance of 59.71 feet to a point for corner; North 87°27'43" West, a distance of 80.55 feet to a point for corner; South 82°27'05" West, a distance of 47.93 feet to a point for corner; South 61°58'00" West, a distance of 39.49 feet to a point for corner; South 03°53'39" East, a distance of 115.98 feet to a point for corner; South 18°49'20" West, a distance of 52.76 feet to a point for corner; South 68°30'41" West, a distance of 35.36 feet to a point for corner; North 53°58'10" West, a distance of 54.24 feet to a point for corner; North 70°41'44" West, a distance of 64.53 feet to a point for corner; South 46°38'08" West, a distance of 58.33 feet to a point for corner; South 04°35'48" West, a distance of 107.66 feet to a point for corner; South 43°17'01" West, a distance of 46.02 feet to a point for corner; North 80°50'56" West, a distance of 29.22 feet to a point for corner; North 21°53'31" West, a distance of 78.26 feet to a point for corner; North 50°22'13" West, a distance of 45.24 feet to a point for corner; South 72°52'43" West, a distance of 72.29 feet to a point for corner; South 04°29'14" West, a distance of 73.22 feet to a point for corner; North 83°37'32" West, a distance of 120.24 feet to a point for corner; North 05°36'01" East, a distance of 107.06 feet to a point for corner; South 66°54'51" West, a distance of 42.27 feet to a point for corner; South 38°54'06" West, a distance of 31.64 feet to a point for corner; South 68°31'20" West, a distance of 61.39 feet to a point for corner; South 89°06'52" West, a distance of 43.12 feet to a point for corner; North 02°49'57" East, a distance of 26.26 feet to a point for corner; South 84°07'49" West, a distance of 28.92 feet to a point for corner; North 18°44'36" West, a distance of 36.13 feet to a point for corner; North 39°35'35" East, a distance of 33.27 feet to a point for corner; North 63°10'24" East, a distance of 66.58 feet to a point for corner; North 39°18'14" East, a distance of 83.65 feet to a point for corner; North 32°38'22" West, a distance of 84.82 feet to a point for corner; North 50°51'48" West, a distance of 60.34 feet to a point for corner; South 75°46'38" West, a distance of 70.37 feet to a point for corner; South 45°15'17" West, a distance of 147.53 feet to a point for corner; South 71°46'49" West, a distance of 54.21 feet to a point for corner; North 65°45'57" West, a distance of 96.59 feet to a point for corner; South 89°39'17" West, a distance of 61.85 feet to a point for corner; South 55°47'49" West, a distance of 155.60 feet to a point for corner; South 43°49'09" West, a distance of 74.47 feet to a point for corner; North 88°35'12" West, a distance of 47.47 feet to a point for corner; North 30°08'19" West, a distance of 56.52 feet to a point for corner; North 20°53'30" East, a distance of 138.99 feet to a point for corner; North 07°26'11" West, a distance of 54.37 feet to a point for corner; North 12°42'32" East, a distance of 76.18 feet to a point for corner; North 11°47'41" West, a distance of 54.27 feet to a point for corner; North 52°34'24" West, a distance of 24.67 feet to a point for corner; South 67°59'41" West, a distance of 84.01 feet to a point for corner; North 40°31'14" West, a distance of 173.81 feet to a point for corner; North 00°36'12" East, a distance of 66.20 feet to a point for corner; North 44°47'12" East, a distance of 38.84 feet to a point for corner; North 03°51'23" West, a distance of 39.31 feet to a point for corner; North 58°48'54" West, a distance of 25.28 feet to a point for corner; South 67°50'12" West, a distance of 39.53 feet to a point for corner; South 80°51'04" West, a distance of 41.89 feet to a point for corner; North 67°59'28" West, a distance of 81.51 feet to a point for corner; North 79°26'52" West, a distance of 139.98 feet to a point for corner; South 18°18'37" West, a distance of 96.17 feet to a point for corner; South 87°20'05" West, a distance of 72.82 feet to a point for corner; North 70°36'12" West, a distance of 82.19 feet to a point for corner; North 32°25'00" West, a distance of 59.34 feet to a point for corner; North 12°36'00" West, a distance of 79.28 feet to a point for corner; North 23°00'03" East, a distance of 77.40 feet to a point for corner; North 06°03'39" West, a distance of 99.26 feet to a point for corner; North 84°41'12" West, a distance of 77.72 feet to a point for corner; THENCE North 14°09'50" East, departing said stream and continuing along said common line, a distance of 512.73 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" set for the westernmost northwest corner of said 132.87-acre tract, same being on the southerly line of the aforementioned 218.4-acre tract; THENCE North 75°58'19" West, departing the westerly line of said 132.87-acre tract and along the southerly line of said 218.4-acre tract and along the northerly line of said "Tract 7" and along the northerly line of a called 89.59-acre tract of land described as "Tract 6" in a deed to Martha Haynes, as recorded in Volume 5610, Page 603, said Official Records, a distance of 2,543.77 feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" set for the westernmost southwest corner of said 218.4-acre tract and the southeast corner of the aforementioned 74.889-acre tract; THENCE North 13°37'17" East, along the westerly line of said 218.4-acre tract and the easterly line of said 74.889-acre tract and the easterly line of the aforementioned 15.00-acre tract, and generally along a barbed wire fence, a distance of 2,348.36 feet to the POINT OF BEGINNING and containing 337.35 acres (14,695,0671 sq. ft.) of land, more or less. SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code. (b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality. (c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time. (d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and accomplished. SECTION 4. (a) Section 4014.0312, 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 4014, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 4014.0312 to read as follows: Sec. 4014.0312. 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 Tim McNutt 2 Buck Nguyen 3 Felix Wong 4 Darrell Rogers 5 Damian Perez