Bill Text: TX HB4706 | 2019-2020 | 86th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the North Celina Municipal Management District No. 3; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-14 - Effective immediately [HB4706 Detail]
Download: Texas-2019-HB4706-Engrossed.html
Bill Title: Relating to the creation of the North Celina Municipal Management District No. 3; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-14 - Effective immediately [HB4706 Detail]
Download: Texas-2019-HB4706-Engrossed.html
86R24612 SMT-F | ||
By: Holland | H.B. No. 4706 |
|
|||||
relating to the creation of the North Celina Municipal Management | |||||
District No. 3; providing authority to issue bonds; providing | |||||
authority to impose assessments, fees, and taxes. | |||||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |||||
SECTION 1. Subtitle C, Title 4, Special District Local Laws | |||||
Code, is amended by adding Chapter 3986 to read as follows: | |||||
CHAPTER 3986. NORTH CELINA MUNICIPAL MANAGEMENT DISTRICT NO. 3 | |||||
SUBCHAPTER A. GENERAL PROVISIONS | |||||
Sec. 3986.0101. DEFINITIONS. In this chapter: | |||||
(1) "Board" means the district's board of directors. | |||||
(2) "City" means the City of Celina. | |||||
(3) "Director" means a board member. | |||||
(4) "District" means the North Celina Municipal | |||||
Management District No. 3. | |||||
Sec. 3986.0102. NATURE OF DISTRICT. The North Celina | |||||
Municipal Management District No. 3 is a special district created | |||||
under Section 59, Article XVI, Texas Constitution. | |||||
Sec. 3986.0103. 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 and | |||||
other political subdivisions to contract with the district, the | |||||
legislature has established a program to accomplish the public | |||||
purposes set out in Section 52-a, Article III, Texas Constitution. | |||||
(c) The creation of the district is necessary to promote, | |||||
develop, encourage, and maintain employment, commerce, | |||||
transportation, housing, tourism, recreation, the arts, | |||||
entertainment, economic development, safety, and the public | |||||
welfare in the district. | |||||
(d) This chapter and the creation of the district may not be | |||||
interpreted to relieve the city from providing the level of | |||||
services provided as of the effective date of the Act enacting this | |||||
chapter to the area in the district. The district is created to | |||||
supplement and not to supplant city services provided in the | |||||
district. | |||||
Sec. 3986.0104. 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 the construction of 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. 3986.0105. 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. 3986.0106. 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. 3986.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT | |||||
DISTRICTS LAW. Except as otherwise provided by this chapter, | |||||
Chapter 375, Local Government Code, applies to the district. | |||||
Sec. 3986.0108. CONSTRUCTION OF CHAPTER. This chapter | |||||
shall be liberally construed in conformity with the findings and | |||||
purposes stated in this chapter. | |||||
Sec. 3986.0109. COMPLIANCE WITH AND ENFORCEABILITY OF | |||||
MUNICIPAL CONSENT AGREEMENT, ORDINANCE, OR RESOLUTION. (a) The | |||||
district shall comply with all applicable requirements of any | |||||
ordinance or resolution that consents to the creation of the | |||||
district or to the inclusion of land in the district. | |||||
(b) Any agreement between the district and a municipality | |||||
related to the municipality's consent to the creation of the | |||||
district, including a development agreement, is valid and | |||||
enforceable. | |||||
SUBCHAPTER B. BOARD OF DIRECTORS | |||||
Sec. 3986.0201. GOVERNING BODY; TERMS. (a) The district is | |||||
governed by a board of five directors who serve staggered terms of | |||||
four years. | |||||
(b) Four directors must be elected in the manner provided by | |||||
Subchapter D, Chapter 49, Water Code. | |||||
(c) One director must be appointed by the governing body of | |||||
the city from a list of persons recommended by the preceding board. | |||||
Sec. 3986.0202. COMPENSATION; EXPENSES. (a) The district | |||||
may compensate each elected 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) An appointed director is not entitled to compensation | |||||
for service on the board. | |||||
(c) An elected or appointed director is entitled to | |||||
reimbursement for necessary and reasonable expenses incurred in | |||||
carrying out the duties and responsibilities of the board. | |||||
Sec. 3986.0203. INITIAL DIRECTORS. (a) The initial board | |||||
consists of the following directors: | |||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
|
|||||
(b) Of the initial directors, the terms of directors | |||||
appointed for positions one through three expire June 1, 2021, and | |||||
the terms of directors appointed for positions four and five expire | |||||
June 1, 2023. The initial directors in positions one through four | |||||
are replaced by directors elected under Section 3986.0201(b), and | |||||
the initial director in position five is replaced by a director | |||||
appointed under Section 3986.0201(c). | |||||
SUBCHAPTER C. POWERS AND DUTIES | |||||
Sec. 3986.0301. GENERAL POWERS AND DUTIES. The district | |||||
has the powers and duties necessary to accomplish the purposes for | |||||
which the district is created. | |||||
Sec. 3986.0302. 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. 3986.0303. 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. 3986.0304. LAW ENFORCEMENT SERVICES. To protect the | |||||
public interest, the district may contract with a qualified party, | |||||
including the city, to provide law enforcement services in the | |||||
district for a fee. | |||||
Sec. 3986.0305. 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. 3986.0306. 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. 3986.0307. 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. 3986.0308. ADDING OR EXCLUDING LAND. If the governing | |||||
body of the city approves an addition or exclusion of land by | |||||
affirmative vote, the district may add or exclude the land in the | |||||
manner provided by Subchapter J, Chapter 49, Water Code, or by | |||||
Subchapter H, Chapter 54, Water Code. The district may add land | |||||
only if the land is located in the city's corporate limits. | |||||
Sec. 3986.0309. 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. 3986.0310. DIVISION OF DISTRICT. (a) The district may | |||||
be divided into two or more new districts only if: | |||||
(1) the district has no outstanding bonded debt; | |||||
(2) the district is not imposing ad valorem taxes; and | |||||
(3) not more than four new districts are created by the | |||||
division. | |||||
(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 commission and record the order in the real property | |||||
records of each county in which the district is located. | |||||
(g) Municipal consent to the creation of the district and to | |||||
the inclusion of land in the district acts as municipal consent to | |||||
the creation of any new district created by the division of the | |||||
district and to the inclusion of land in the new district. | |||||
(h) A new district created by the division of the district | |||||
must hold an election as required by Section 3986.0501 to obtain | |||||
voter approval before the district may impose a maintenance tax or | |||||
issue bonds payable wholly or partly from ad valorem taxes. | |||||
Sec. 3986.0311. NO EMINENT DOMAIN POWER. The district may | |||||
not exercise the power of eminent domain. | |||||
SUBCHAPTER D. ASSESSMENTS | |||||
Sec. 3986.0401. 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. 3986.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | |||||
Except as provided by Section 3986.0503(c), 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. 3986.0501. TAX ELECTION REQUIRED. The district must | |||||
hold an election in the manner provided by Chapter 49, Water Code, | |||||
or, if applicable, Chapter 375, Local Government Code, to obtain | |||||
voter approval before the district may impose an ad valorem tax. | |||||
Sec. 3986.0502. OPERATION AND MAINTENANCE TAX. (a) If | |||||
authorized by a majority of the district voters voting at an | |||||
election under Section 3986.0501, 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. 3986.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE | |||||
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on | |||||
terms determined by the board. | |||||
(b) The district may issue bonds, notes, or other | |||||
obligations payable wholly or partly from ad valorem taxes, 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 bonds, notes, or other | |||||
obligations payable wholly or partly from assessments only to | |||||
finance a major public infrastructure improvement project that | |||||
serves a majority of the district. | |||||
(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 an 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. 3986.0504. 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. 3986.0505. BONDS SECURED BY AD VALOREM TAXES; | |||||
ELECTIONS. (a) If authorized at an election under Section | |||||
3986.0501, the district may issue bonds payable from ad valorem | |||||
taxes. | |||||
(b) At the time the district issues bonds payable wholly or | |||||
partly from ad valorem taxes, the board shall provide for the annual | |||||
imposition of a continuing direct annual ad valorem tax, without | |||||
limit as to rate or amount, for each year that all or part of the | |||||
bonds are outstanding as required and in the manner provided by | |||||
Sections 54.601 and 54.602, Water Code. | |||||
(c) All or any part of any facilities or improvements that | |||||
may be acquired by a district by the issuance of its bonds may be | |||||
submitted as a single proposition or as several propositions to be | |||||
voted on at the election. | |||||
Sec. 3986.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The | |||||
board may not issue bonds until each municipality in whose | |||||
corporate limits or extraterritorial jurisdiction the district is | |||||
located 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 payable from ad valorem taxes. | |||||
SUBCHAPTER I. DISSOLUTION | |||||
Sec. 3986.0901. DISSOLUTION. (a) Except as limited by | |||||
Subsection (b), the board shall dissolve the district on written | |||||
petition filed with the board by the owners of: | |||||
(1) 66 percent or more of the assessed value of the | |||||
property subject to assessment by the district based on the most | |||||
recent certified county property tax rolls; or | |||||
(2) 66 percent or more of the surface area of the | |||||
district, excluding roads, streets, highways, utility | |||||
rights-of-way, other public areas, and other property exempt from | |||||
assessment by the district according to the most recent certified | |||||
county property tax rolls. | |||||
(b) The district may not be dissolved if the district: | |||||
(1) has any outstanding bonded or other indebtedness | |||||
until that bonded or other indebtedness has been repaid or defeased | |||||
in accordance with the order or resolution authorizing the issuance | |||||
of the bonded or other indebtedness; | |||||
(2) has a contractual obligation to pay money until: | |||||
(A) that obligation has been fully paid in | |||||
accordance with the contract; or | |||||
(B) another political subdivision assumes the | |||||
obligation; or | |||||
(3) owns, operates, or maintains public works, | |||||
facilities, or improvements unless, before the district dissolves, | |||||
the district contracts with another party for the ownership and | |||||
operation or maintenance of the public works, facilities, or | |||||
improvements. | |||||
(d) Section 375.262, Local Government Code, does not apply | |||||
to the district. | |||||
SECTION 2. The North Celina Municipal Management District | |||||
No. 3 initially includes all territory contained in the following | |||||
area: | |||||
TRACT 1: 2178 ACRES MORE OR LESS | |||||
LEGAL DESCRIPTION CONSISTING OF 2178.085 ACRES MORE OR LESS BY | |||||
COMPILING DEEDS DESCRIBED AS TRACT II IN THE DEED TO DYNAVEST JOINT | |||||
VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE DEED RECORDS OF | |||||
COLLIN COUNTY, TEXAS, A 218.360 ACRE TRACT OF LAND DESCRIBED AS | |||||
TRACT NO. 1, A CALLED 161.910 ACRE TRACT OF LAND DESCRIBED AS TRACT | |||||
NO. 2 IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME | |||||
2288, PAGE 125 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS AND A | |||||
1215.843 ACRE TRACT DESCRIBED IN THE DEED TO DYNAVEST JOINT VENTURE | |||||
AS RECORDED IN VOLUME 2288, PAGE 110, OF THE DEED RECORDS OF COLLIN | |||||
COUNTY, TEXAS. | |||||
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J. W. | |||||
HAYNES SURVEY, ABSTRACT # 453, J, CUMBA SURVEY, ABSTRACT # 242, THE | |||||
J DAVIS SURVEY, ABSTRACT # 254, THE B.B.B. & C.R.R. SURVEY, ABSTRACT | |||||
# 131, THE H. COCHRAN SURVEY, ABSTRACT # 192, THE T & P. RR CO. | |||||
SURVEY, ABSTRACT # 1054, THE J.F. SMILEY SURVEY, ABSTRACT 869, THE | |||||
J. WORRALL SURVEY, ABSTRACT # 1036, THE J. QUEEN SURVEY, ABSTRACT # | |||||
733, THE J. H. BIGGS SURVEY, ABSTRACT # 51, THE E. ALEXANDER SURVEY, | |||||
ABSTRACT # 19, THE SA & MG RR CO SURVEY, ABSTRACT # 876 AND THE P. | |||||
NEWSON, SURVEY, ABSTRACT # 665 AND BEING ALL OF A CALLED 579.400 | |||||
ACRE TRACT OF LAND DESCRIBED AS TRACT II IN THE DEED TO DYNAVEST | |||||
JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE DEED | |||||
RECORDS OF COLLIN COUNTY, TEXAS, ALL OF A CALLED 218.360 ACRE TRACT | |||||
OF LAND DESCRIBED AS TRACT NO. 1 AND ALL OF A CALLED 161.910 ACRE | |||||
TRACT OF LAND DESCRIBED AS TRACT NO. 2 IN THE DEED TO DYNAVEST JOINT | |||||
VENTURE AS RECORDED IN VOLUME 2288, PAGE 125 OF THE DEED RECORDS OF | |||||
COLLIN COUNTY, TEXAS AND ALL OF A CALLED 1215.843 ACRE TRACT | |||||
DESCRIBED IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN | |||||
VOLUME 2288, PAGE 110, OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS | |||||
AND BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: | |||||
BEGINNING AT A THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED | |||||
HEREIN AT THE SOUTHWEST CORNER OF SAID 579.400 ACRE TRACT IN THE | |||||
NORTH RIGHT-OF-WAY LINE OF F. M. # 455; | |||||
THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST A DISTANCE OF | |||||
6447.04 FEET TO A POINT FOR CORNER AT THE NORTHWEST CORNER OF SAID | |||||
579.400 ACRE TRACT; | |||||
THENCE SOUTH 89 DEGREES 27 MINUTES 28 SECONDS EAST A DISTANCE OF | |||||
2678.28 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 00 DEGREES 23 MINUTES 38 SECONDS EAST A DISTANCE OF | |||||
1013.53 FEET TO A POINT FOR CORNER AT THE MOST NORTHERLY NORTHWEST | |||||
CORNER OF SAID 579.400 ACRE TRACT; | |||||
THENCE NORTH 89 DEGREES 27 MINUTES 02 SECONDS EAST A DISTANCE OF | |||||
2192.86 FEET TO A POINT FOR CORNER IN ELM CREEK; | |||||
THENCE NORTH 41 DEGREES 45 MINUTES 00 SECONDS EAST ALONG THE CENTER | |||||
OF ELM CREEK A DISTANCE OF 693.00 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 48 DEGREES 30 MINUTES 00 SECONDS EAST ALONG THE CENTER | |||||
OF ELM CREEK A DISTANCE OF 417.00 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 10 DEGREES 40 MINUTES 00 SECONDS EAST ALONG THE CENTER | |||||
OF ELM CREEK A DISTANCE OF 274.20 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 74 DEGREES 54 MINUTES 00 SECONDS EAST ALONG THE CENTER | |||||
OF ELM CREEK A DISTANCE OF 211.00 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 65 DEGREES 52 MINUTES 00 SECONDS EAST ALONG THE CENTER | |||||
OF ELM CREEK A DISTANCE OF 282.00 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 26 DEGREES 53 MINUTES 00 SECONDS EAST ALONG THE CENTER | |||||
OF ELM CREEK A DISTANCE OF 1077.50 FEET TO A POINT FOR CORNER TO THE | |||||
MOST NORTHERLY NORTHWEST CORNER OF SAID 1215.843 ACRE TRACT; | |||||
THENCE SOUTH 87 DEGREES 54 MINUTES 00 SECONDS EAST A DISTANCE OF | |||||
271.00 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 89 DEGREES 54 MINUTES 00 SECONDS EAST A DISTANCE OF | |||||
127.00 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 88 DEGREES 58 MINUTES 00 SECONDS EAST A DISTANCE OF | |||||
560.00 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 87 DEGREES 46 MINUTES 00 SECONDS EAST A DISTANCE OF | |||||
917.00 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 86 DEGREES 43 MINUTES 00 SECONDS EAST A DISTANCE OF | |||||
411.00 FEET TO A POINT FOR CORNER TO THE MOST NORTHERLY NORTHEAST | |||||
CORNER OF SAID 1215.843 ACRE TRACT | |||||
THENCE SOUTH 01 DEGREES 44 MINUTES 00 SECONDS EAST A DISTANCE OF | |||||
889.00 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 58 DEGREES 17 MINUTES 00 SECONDS EAST A DISTANCE OF | |||||
675.00 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST A DISTANCE OF | |||||
611.00 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 00 DEGREES 52 MINUTES 00 SECONDS WEST A DISTANCE OF | |||||
529.00 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 00 DEGREES 19 MINUTES 00 SECONDS WEST A DISTANCE OF | |||||
3775.00 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 03 DEGREES 39 MINUTES 54 SECONDS WEST A DISTANCE OF | |||||
491.83 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 00 DEGREES 21 MINUTES 00 SECONDS WEST A DISTANCE OF | |||||
271.50 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 02 DEGREES 03 MINUTES 09 SECONDS EAST A DISTANCE OF | |||||
560.34 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 86 DEGREES 42 MINUTES 28 SECONDS WEST A DISTANCE OF | |||||
66.00 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 01 DEGREES 07 MINUTES 18 SECONDS EAST A DISTANCE OF | |||||
2883.84 FEET TO A POINT FOR CORNER AT THE MOST EASTERLY SOUTHEAST | |||||
CORNER OF SAID 1215.843 ACRE TRACT AND THE NORTHEAST CORNER OF SAID | |||||
161.91 ACRE TRACT; | |||||
THENCE SOUTH 01 DEGREES 59 MINUTES 59 SECONDS EAST A DISTANCE OF | |||||
271.54 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 02 DEGREES 49 MINUTES 01 SECONDS EAST A DISTANCE OF | |||||
698.98 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 02 DEGREES 27 MINUTES 24 SECONDS EAST A DISTANCE OF | |||||
849.68 FEET TO A POINT FOR CORNER TO THE SOUTHEAST CORNER OF SAID | |||||
161.91 ACRE TRACT; | |||||
THENCE SOUTH 88 DEGREES 39 MINUTES 30 SECONDS WEST A DISTANCE OF | |||||
2104.21 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 87 DEGREES 44 MINUTES 05 SECONDS WEST A DISTANCE OF | |||||
986.67 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 89 DEGREES 09 MINUTES 32 SECONDS WEST A DISTANCE OF | |||||
508.11 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 87 DEGREES 55 MINUTES 18 SECONDS WEST A DISTANCE OF | |||||
230.84 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 88 DEGREES 45 MINUTES 02 SECONDS WEST A DISTANCE OF | |||||
285.38 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 74 DEGREES 25 MINUTES 03 SECONDS WEST A DISTANCE OF | |||||
1160.29 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 74 DEGREES 36 MINUTES 18 SECONDS WEST A DISTANCE OF | |||||
404.97 FEET TO A POINT FOR CORNER TO A POINT IN THE NORTH | |||||
RIGHT-OF-WAY LINE OF FM # 455; | |||||
THENCE NORTH 15 DEGREES 23 MINUTES 42 SECONDS EAST WITH SAID | |||||
RIGHT-OF-WAY LINE A DISTANCE OF 40.00 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 74 DEGREES 36 MINUTES 18 SECONDS WEST WITH SAID | |||||
RIGHT-OF-WAY LINE A DISTANCE OF 179.93 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 52 DEGREES 06 MINUTES 25 SECONDS WEST WITH SAID | |||||
RIGHT-OF-WAY LINE A DISTANCE OF 697.67 FEET TO A POINT FOR CORNER; | |||||
THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE | |||||
LEFT WITH AN ARC LENGTH OF363.14 FEET, WITH A RADIUS OF 986.86 FEET, | |||||
WITH A CHORD BEARING OF NORTH 62 DEGREES 38 MINUTES 55 SECONDS WEST, | |||||
AND WITH A CHORD LENGTH OF 361.09 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 73 DEGREES 11 MINUTES 25 SECONDS WEST WITH SAID | |||||
RIGHT-OF-WAY LINE A DISTANCE OF 199.75 FEET TO A POINT FOR CORNER; | |||||
THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE | |||||
LEFT WITH AN ARC LENGTH OF 254.11 FEET, WITH A RADIUS OF 1367.32 | |||||
FEET, WITH A CHORD BEARING OF NORTH 78 DEGREES 37 MINUTES 35 SECONDS | |||||
WEST, AND WITH A CHORD LENGTH OF 253.75 FEET; | |||||
THENCE NORTH 83 DEGREES 34 MINUTES 06 SECONDS WEST WITH SAID | |||||
RIGHT-OF-WAY LINE A DISTANCE OF 104.02 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 83 DEGREES 34 MINUTES 06 SECONDS WEST WITH SAID | |||||
RIGHT-OF-WAY LINE A DISTANCE OF 2140.11 FEET TO A POINT FOR CORNER; | |||||
THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE | |||||
RIGHT WITH AN ARC LENGTH OF 283.92 FEET, WITH A RADIUS OF 528.70 | |||||
FEET, WITH A CHORD BEARING OF NORTH 68 DEGREES 22 MINUTES 06 SECONDS | |||||
WEST, AND WITH A CHORD LENGTH OF 280.52 FEET TO A POINT FOR CORNER,; | |||||
THENCE NORTH 53 DEGREES 10 MINUTES 06 SECONDS WEST WITH SAID | |||||
RIGHT-OF-WAY LINE A DISTANCE OF 766.67 FEET TO THE POINT OF | |||||
BEGINNING AND ENCLOSING 2178.085 ACRES OF LAND, MORE OR LESS. | |||||
NOTE: THIS DESCRIPTION HAS BEEN CREATED BY RECORD INFORMATION ONLY. | |||||
THERE WERE CLOSURE ERRORS FOUND IN THE DEEDS THAT COULD NOT BE | |||||
ISOLATED. EXACT DIMENSIONS AND AREAS CAN BE OBTAINED BY AN ON THE | |||||
GROUND SURVEY. | |||||
TRACT 2: 100.474 ACRES MORE OR LESS | |||||
LEGAL DESCRIPTION CONSISTING OF 100.474 ACRES MORE OR LESS BY | |||||
COMPUTING EXHIBIT A IN THE DEED TO THE TRACT OF LAND DESCRIBED AS | |||||
TRACT I IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME | |||||
2288, PAGE 119 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS | |||||
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J. | |||||
DAVIS SURVEY, ABSTRACT # 254, THE W.P. ALLEN SURVEY, ABSTRACT # 24, | |||||
AND THE J. HOWARD SURVEY, ABSTRACT # 442 AND BEING ALL OF A CALLED | |||||
100.474 ACRE TRACT OF LAND DESCRIBED AS TRACT I IN THE DEED TO | |||||
DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE | |||||
DEED RECORDS OF COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY | |||||
DESCRIBED AS FOLLOWS: | |||||
BEGINNING AT THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED | |||||
HEREIN AT THE INTERSECTION OF THE WEST LINE OF SAID COLLIN COUNTY | |||||
WITH THE SOUTHWEST CORNER OF SAID 100.474 ACRE TRACT OF LAND; | |||||
THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST, A DISTANCE OF | |||||
1213.34 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 89 DEGREES 57 MINUTES 51 SECONDS EAST, A DISTANCE OF | |||||
3608.95 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 00 DEGREES 56 MINUTES 02 SECONDS EAST, A DISTANCE OF | |||||
1192.20 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 89 DEGREES 11 MINUTES 58 SECONDS WEST, A DISTANCE OF | |||||
1594.31 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 89 DEGREES 57 MINUTES 51 SECONDS WEST, A DISTANCE OF | |||||
2038.77 FEET TO THE POINT OF BEGINNING AND ENCLOSING 100.474 ACRES | |||||
OF LAND, MORE OR LESS. | |||||
TRACT 3: 958.042 ACRES MORE OR LESS | |||||
LEGAL DESCRIPTION CONSISTING OF 958.042 ACRES MORE OR LESS BY | |||||
COMPUTING EXHIBIT A IN THE DEED TO THE TRACT OF LAND DESCRIBED IN | |||||
THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE | |||||
114 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS | |||||
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J. W. | |||||
HAYNES SURVEY, ABSTRACT # 453, J, CUMBA SURVEY, ABSTRACT # 242, THE | |||||
J. QUEEN SURVEY, ABSTRACT # 733, THE J. QUEEN SURVEY, ABSTRACT # | |||||
1111, THE A. H. GEE SURVEY, ABSTRACT # 1104, THE H. COCHRAN SURVEY, | |||||
ABSTRACT # 191, THE J. RAGSDALE SURVEY, ABSTRACT # 735 AND THE | |||||
GERMAN IMIGRATION CO. SURVEY, ABSTRACT # 356 AND BEING ALL OF A | |||||
CALLED 957.743 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO DYNAVEST | |||||
JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 144 OF THE DEED | |||||
RECORDS OF COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY | |||||
DESCRIBED AS FOLLOWS: | |||||
BEGINNING AT THE NORTHWEST CORNER OF THE TRACT BEING DESCRIBED | |||||
HEREIN AT A POINT AT THE NORTHWEST CORNER OF SAID 957.743 ACRE TRACT | |||||
IN THE SOUTH RIGHT-OF-WAY LINE OF FM # 455; | |||||
THENCE SOUTH 53 DEGREES 10 MINUTES 06 SECONDS EAST WITH SAID SOUTH | |||||
RIGHT-OF-WAY LINE A DISTANCE OF 699.50 FEET TO A POINT FOR CORNER; | |||||
THENCE WITH SAID SOUTH RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO | |||||
THE LEFT WITH AN ARC LENGTH OF 332.25 FEET, WITH A RADIUS OF 618.70 | |||||
FEET, WITH A CHORD BEARING OF SOUTH 68 DEGREES 22 MINUTES 06 SECONDS | |||||
EAST, AND WITH A CHORD LENGTH OF 328.27 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 83 DEGREES 34 MINUTES 06 SECONDS EAST WITH SAID SOUTH | |||||
RIGHT-OF-WAY LINE A DISTANCE OF 2243.84 FEET TO A POINT FOR CORNER; | |||||
THENCE WITH SAID SOUTH RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO | |||||
THE RIGHT WITH AN ARC LENGTH OF 237.99 FEET, WITH A RADIUS OF | |||||
1277.20 FEET, WITH A CHORD BEARING OF SOUTH 78 DEGREES 38 MINUTES 21 | |||||
SECONDS EAST, AND WITH A CHORD LENGTH OF 237.64 FEET TO A POINT FOR | |||||
CORNER; | |||||
THENCE SOUTH 73 DEGREES 11 MINUTES 25 SECONDS EAST WITH SAID SOUTH | |||||
RIGHT-OF-WAY LINE A DISTANCE OF 131.75 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 16 DEGREES 58 MINUTES 43 SECONDS WEST A DISTANCE OF | |||||
103.35 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 40 DEGREES 22 MINUTES 29 SECONDS WEST A DISTANCE OF | |||||
414.21 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 50 DEGREES 17 MINUTES 10 SECONDS EAST A DISTANCE OF | |||||
174.16 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 04 DEGREES 36 MINUTES 13 SECONDS EAST A DISTANCE OF | |||||
103.17 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 53 DEGREES 02 MINUTES 05 SECONDS WEST A DISTANCE OF | |||||
256.14 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 23 DEGREES 11 MINUTES 46 SECONDS WEST A DISTANCE OF | |||||
269.21 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 66 DEGREES 05 MINUTES 31 SECONDS EAST A DISTANCE OF | |||||
178.82 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 04 DEGREES 58 MINUTES 45 SECONDS EAST A DISTANCE OF | |||||
193.80 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 50 DEGREES 28 MINUTES 50 SECONDS WEST A DISTANCE OF | |||||
169.49 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 87 DEGREES 27 MINUTES 53 SECONDS WEST A DISTANCE OF | |||||
174.71 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 00 DEGREES 14 MINUTES 15 SECONDS WEST A DISTANCE OF | |||||
763.18 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 86 DEGREES 32 MINUTES 52 SECONDS EAST A DISTANCE OF | |||||
1464.77 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 89 DEGREES 13 MINUTES 02 SECONDS EAST A DISTANCE OF | |||||
524.81 FEET TO A POINT FOR CORNER IN THE WEST RIGHT-OF-WAY LINE OF | |||||
FM # 455; | |||||
THENCE SOUTH 03 DEGREES 06 MINUTES 54 SECONDS WEST WITH SAID WEST | |||||
RIGHT-OF-WAY LINE A DISTANCE OF 37.23 FEET TO A POINT FOR CORNER; | |||||
THENCE WITH SAID WEST RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO | |||||
THE LEFT WITH AN ARC LENGTH OF 577.39 FEET, WITH A RADIUS OF 1477.38 | |||||
FEET, WITH A CHORD BEARING OF SOUTH 08 DEGREES 00 MINUTES 36 SECONDS | |||||
EAST , AND WITH A CHORD LENGTH OF 573.72 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 19 DEGREES 08 MINUTES 06 SECONDS EAST WITH SAID WEST | |||||
RIGHT-OF-WAY LINE A DISTANCE OF 354.02 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 89 DEGREES 08 MINUTES 02 SECONDS WEST A DISTANCE OF | |||||
974.20 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 00 DEGREES 24 MINUTES 13 SECONDS EAST A DISTANCE OF | |||||
1724.68 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 01 DEGREES 25 MINUTES 40 SECONDS EAST A DISTANCE OF | |||||
2948.48 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 88 DEGREES 01 MINUTES 35 SECONDS EAST A DISTANCE OF | |||||
1138.15 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 01 DEGREES 46 MINUTES 21 SECONDS EAST A DISTANCE OF | |||||
1965.29 FEET TO A POINT FOR CORNER; | |||||
THENCE SOUTH 89 DEGREES 32 MINUTES 30 SECONDS WEST A DISTANCE OF | |||||
5389.11 FEET TO A POINT FOR CORNER; | |||||
THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST A DISTANCE OF | |||||
10550.55 FEET TO A POINT FOR CORNER; | |||||
AND ENCLOSING 958.042 ACRES 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. This Act takes effect immediately if it receives | |||||
a vote of two-thirds of all the members elected to each house, as | |||||
provided by Section 39, Article III, Texas Constitution. If this | |||||
Act does not receive the vote necessary for immediate effect, this | |||||
Act takes effect September 1, 2019. |