Bill Text: TX HB3846 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Mustang Ranch Municipal Management District No. 1; providing authority to levy an assessment and issue bonds.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-09 - Referred to Intergovernmental Relations [HB3846 Detail]
Download: Texas-2011-HB3846-Comm_Sub.html
Bill Title: Relating to the creation of the Mustang Ranch Municipal Management District No. 1; providing authority to levy an assessment and issue bonds.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-09 - Referred to Intergovernmental Relations [HB3846 Detail]
Download: Texas-2011-HB3846-Comm_Sub.html
82R22326 JXC-D | |||
By: Laubenberg | H.B. No. 3846 | ||
Substitute the following for H.B. No. 3846: | |||
By: Keffer | C.S.H.B. No. 3846 |
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relating to the creation of the Mustang Ranch Municipal Management | ||
District No. 1; providing authority to levy an assessment and issue | ||
bonds. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 4, Special District Local Laws | ||
Code, is amended by adding Chapter 3885 to read as follows: | ||
CHAPTER 3885. MUSTANG RANCH MUNICIPAL MANAGEMENT DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3885.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Celina, Texas. | ||
(3) "County" means Collin County, Texas. | ||
(4) "Development agreement" means the development | ||
agreement between the city and Celina 682 Partners, L.P., initially | ||
effective June 11, 2007. | ||
(5) "Director" means a board member. | ||
(6) "District" means the Mustang Ranch Municipal | ||
Management District No. 1. | ||
Sec. 3885.002. CREATION AND NATURE OF DISTRICT. The | ||
district is a special district created under Sections 52 and 52-a, | ||
Article III, and Section 59, Article XVI, Texas Constitution. | ||
Sec. 3885.003. PURPOSE; LEGISLATIVE FINDINGS. (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. 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. | ||
(b) 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. | ||
(c) 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 to the area in the district as of the effective | ||
date of the Act enacting this chapter. The district is created to | ||
supplement and not to supplant the city and county services | ||
provided in the district. | ||
Sec. 3885.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) 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. | ||
(c) The district is created to accomplish the purposes of a | ||
municipal management district as provided by general law and | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution. | ||
(d) The creation of the district is in the public interest | ||
and is essential to: | ||
(1) further the public purposes of developing and | ||
diversifying the economy of the state; | ||
(2) eliminate unemployment and underemployment; and | ||
(3) develop or expand transportation and commerce. | ||
(e) 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; and | ||
(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. | ||
(f) 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. | ||
(g) 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. 3885.005. 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 contract; | ||
(3) authority to borrow money or issue bonds or other | ||
obligations described by Section 3885.253 or to pay the principal | ||
and interest of the bonds or other obligations; | ||
(4) right to impose or collect an assessment, or | ||
collect other revenue; or | ||
(5) legality or operation. | ||
Sec. 3885.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||
(a) 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; | ||
(2) a tax abatement reinvestment zone created under | ||
Chapter 312, Tax Code; | ||
(3) an enterprise zone created under Chapter 2303, | ||
Government Code; or | ||
(4) an industrial district created under Chapter 42, | ||
Local Government Code. | ||
(b) If the city creates a tax increment reinvestment zone | ||
described by Subsection (a), the city and the board of directors of | ||
the zone, by contract with the district, may grant money deposited | ||
in the tax increment fund to the district to be used by the district | ||
for: | ||
(1) the purposes permitted for money granted to a | ||
corporation under Section 380.002(b), Local Government Code; and | ||
(2) any other district purpose, including the right to | ||
pledge the money as security for any bonds or other obligations | ||
issued by the district under Section 3885.253. | ||
(c) A tax increment reinvestment zone created by the city in | ||
the district is not subject to the limitations provided by Section | ||
311.006, Tax Code. | ||
Sec. 3885.007. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICT LAW. Except as provided by this chapter, Chapter 375, | ||
Local Government Code, applies to the district. | ||
Sec. 3885.008. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed in conformity with the | ||
findings and purposes stated in this chapter. | ||
[Sections 3885.009-3885.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3885.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five directors composed of: | ||
(1) two directors appointed by the governing body of | ||
the city; | ||
(2) one director appointed by the governing body of | ||
the city who is an employee of the Prosper Independent School | ||
District; | ||
(3) the city manager; and | ||
(4) the city's chief financial officer. | ||
(b) An appointed director serves a term of four years. | ||
Sec. 3885.052. QUALIFICATIONS OF DIRECTOR. (a) Section | ||
375.063, Local Government Code, does not apply to a director | ||
employed by the city or the Prosper Independent School District. | ||
(b) Section 49.052, Water Code, does not apply to the | ||
district. | ||
Sec. 3885.053. VACANCY. The governing body of the city | ||
shall appoint a director to fill a vacancy on the board for the | ||
remainder of the unexpired term. | ||
Sec. 3885.054. DIRECTOR'S OATH OR AFFIRMATION. A director | ||
shall file the director's oath or affirmation of office with the | ||
district, and the district shall retain the oath or affirmation in | ||
the district records. | ||
Sec. 3885.055. OFFICERS. The board shall elect from among | ||
the directors a chair, a vice chair, and a secretary. | ||
Sec. 3885.056. COMPENSATION; EXPENSES. (a) The district | ||
may compensate each director in an amount not to exceed $150 for | ||
each board meeting. | ||
(b) A director is entitled to reimbursement for necessary | ||
and reasonable expenses incurred in carrying out the duties and | ||
responsibilities of a director. | ||
Sec. 3885.057. LIABILITY INSURANCE. The district may | ||
obtain and pay for comprehensive general liability insurance | ||
coverage from a commercial insurance company or other source that | ||
protects and insures the directors against personal liability and | ||
from all claims for actions taken as directors or actions and | ||
activities taken by the district or by others acting on its behalf. | ||
Sec. 3885.058. BOARD MEETINGS. The board shall hold | ||
meetings at a place accessible to the public. | ||
Sec. 3885.059. INITIAL DIRECTORS. (a) The initial board | ||
consists of the following directors: | ||
(1) Rod Hogan, city manager; | ||
(2) Jay Toutounchian, city chief financial officer; | ||
(3) Jim Melino; | ||
(4) Drew Watkins, Prosper Independent School District | ||
employee; and | ||
(5) a director appointed by the governing body of the | ||
city. | ||
(b) Of the initial directors, the term of the director | ||
appointed under Subsection (a)(3) expires May 31, 2014, and the | ||
terms of the directors appointed under Subsections (a)(4) and (5) | ||
expire May 31, 2012. | ||
(c) This section expires September 1, 2014. | ||
[Sections 3885.060-3885.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3885.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3885.102. IMPROVEMENT PROJECTS. The district may | ||
provide, or it may enter into contracts with a governmental or | ||
private entity to provide, the improvement projects described by | ||
Subchapter C-1 or activities in support of or incidental to those | ||
projects. | ||
Sec. 3885.103. WATER DISTRICT POWERS. The district has the | ||
powers provided by the general laws relating to conservation and | ||
reclamation districts created under Section 59, Article XVI, Texas | ||
Constitution, including Chapters 49 and 54, Water Code. | ||
Sec. 3885.104. ROAD DISTRICT POWERS. The district has the | ||
powers provided by the general laws relating to road districts and | ||
road utility districts created under Section 52(b), Article III, | ||
Texas Constitution, including Chapter 441, Transportation Code. | ||
Sec. 3885.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The | ||
district has the powers provided by Chapter 372, Local Government | ||
Code, to a municipality or county. | ||
Sec. 3885.106. CONTRACT POWERS. The district may contract | ||
with a governmental or private entity, on terms determined by the | ||
board, to carry out a power or duty authorized by this chapter or to | ||
accomplish a purpose for which the district is created. | ||
Sec. 3885.107. EMERGENCY SERVICES. (a) This section | ||
applies only to territory in the district: | ||
(1) that is in the extraterritorial jurisdiction of | ||
the city; | ||
(2) for which a plat has been filed; and | ||
(3) that includes 100 or more residents. | ||
(b) To protect the public interest, the district shall | ||
provide or contract with a qualified party to provide emergency | ||
services, including law enforcement, fire, and ambulance services, | ||
in the territory described by Subsection (a). | ||
Sec. 3885.108. AMENDMENT OF DEVELOPMENT AGREEMENT. The | ||
parties to the development agreement may amend the agreement as | ||
necessary to accomplish the purposes of the district. | ||
Sec. 3885.109. ECONOMIC DEVELOPMENT. (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 that: | ||
(1) Chapter 380, Local Government Code, provides to a | ||
municipality; and | ||
(2) Subchapter A, Chapter 1509, Government Code, | ||
provides to a municipality. | ||
Sec. 3885.110. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
Sec. 3885.111. NO TOLL ROADS. The district may not | ||
construct, acquire, maintain, or operate a toll road. | ||
[Sections 3885.112-3885.150 reserved for expansion] | ||
SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES | ||
Sec. 3885.151. IMPROVEMENT PROJECTS AND SERVICES. The | ||
district may provide, design, construct, acquire, improve, | ||
relocate, operate, maintain, or finance an improvement project or | ||
service using money available to the district, or contract with a | ||
governmental or private entity to 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. | ||
Sec. 3885.152. BOARD DETERMINATION REQUIRED. The district | ||
may not undertake an improvement project unless the board | ||
determines the project: | ||
(1) is necessary to accomplish a public purpose of the | ||
district; and | ||
(2) complies with the development agreement or the | ||
parties to the development agreement agree to the project, in | ||
writing. | ||
Sec. 3885.153. LOCATION OF IMPROVEMENT PROJECT. An | ||
improvement project may be inside or outside the district. | ||
Sec. 3885.154. CITY REQUIREMENTS. (a) An improvement | ||
project in the city must comply with any applicable requirements of | ||
the city, including codes and ordinances, that are consistent with | ||
the development agreement. | ||
(b) The district may not provide, conduct, or authorize any | ||
improvement project on the city's streets, highways, | ||
rights-of-way, or easements without the consent of the governing | ||
body of the city. | ||
Sec. 3885.155. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE | ||
AREA. The district may undertake an improvement project or service | ||
that confers a special benefit on a definable area in the district | ||
and levy and collect a special assessment on benefited property in | ||
the district in accordance with: | ||
(1) Chapter 372, Local Government Code; or | ||
(2) Chapter 375, Local Government Code. | ||
Sec. 3885.156. CONTRACTS. A contract to design, construct, | ||
acquire, improve, relocate, operate, maintain, or finance an | ||
improvement project is considered a contract for a good or service | ||
under Subchapter I, Chapter 271, Local Government Code. | ||
[Sections 3885.157-3885.200 reserved for expansion] | ||
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS | ||
Sec. 3885.201. DIVISION OF DISTRICT; PREREQUISITE. The | ||
district may be divided into two or more new districts only if the | ||
district has no outstanding bonded debt. | ||
Sec. 3885.202. LAW APPLICABLE TO NEW DISTRICT. This | ||
chapter applies to any new district created by division of the | ||
district, and a new district has all the powers and duties of the | ||
district. | ||
Sec. 3885.203. DIVISION PROCEDURES. (a) The board, on its | ||
own motion or on receipt of a petition signed by an owner of real | ||
property in the district, may adopt an order proposing to divide the | ||
district. | ||
(b) The board may not divide the district unless the | ||
division is approved by the governing body of the city by | ||
resolution. The resolution may set terms for the division under | ||
Subsection (c). | ||
(c) If the board decides to divide the district, the board | ||
shall, subject to the city's resolution: | ||
(1) set the terms of the division, including names for | ||
the new districts and a plan for the payment or performance of any | ||
outstanding district obligations; | ||
(2) prepare a metes and bounds description for each | ||
proposed district; and | ||
(3) appoint initial directors for each new district. | ||
Sec. 3885.204. NOTICE AND RECORDING OF ORDER. Not later | ||
than the 30th day after the date of an order dividing the district, | ||
the district shall: | ||
(1) file the order with the Texas Commission on | ||
Environmental Quality; and | ||
(2) record the order in the real property records of | ||
the county in which the district is located. | ||
Sec. 3885.205. CONTRACT AUTHORITY OF NEW DISTRICTS. (a) | ||
Except as provided by Subsection (b), the new districts may | ||
contract with each other for any matter the boards of the new | ||
districts consider appropriate. | ||
(b) The new districts may not contract with each other for | ||
water and wastewater services. | ||
[Sections 3885.206-3885.250 reserved for expansion] | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3885.251. 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 the district's money. | ||
Sec. 3885.252. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||
The district may undertake and provide an improvement project or | ||
service authorized by this chapter using any money available to the | ||
district. | ||
Sec. 3885.253. BORROWING MONEY; OBLIGATIONS. (a) The | ||
district may borrow money for a district purpose without holding an | ||
election by issuing bonds, notes, time warrants, or other | ||
obligations, or by entering into a contract or other agreement | ||
payable wholly or partly from an assessment, a contract payment, a | ||
grant, revenue from a zone created under Chapter 311 or 312, Tax | ||
Code, other district revenue, or a combination of these sources. | ||
(b) An obligation described by Subsection (a): | ||
(1) may bear interest at a rate determined by the | ||
board; and | ||
(2) may include a term or condition as determined by | ||
the board. | ||
Sec. 3885.254. DEVELOPMENT AGREEMENT. Before the district | ||
borrows money or issues an obligation under Section 3885.253, the | ||
city must provide written certification to the district that no | ||
party to the development agreement is in default as of the date the | ||
district is authorized to borrow the money or enter the obligation. | ||
Sec. 3885.255. ASSESSMENTS. (a) Except as provided by | ||
Subsection (b), the district may impose an assessment on property | ||
in the district to pay for an obligation described by Section | ||
3885.253 in the manner provided for: | ||
(1) a district under Subchapters A, E, and F, Chapter | ||
375, Local Government Code; or | ||
(2) a municipality or county under Subchapter A, | ||
Chapter 372, Local Government Code. | ||
(b) The district may not impose an assessment on a | ||
municipality, county, or other political subdivision. | ||
Sec. 3885.256. NOTICE OF ASSESSMENTS. (a) The board shall | ||
annually file written notice with the secretary of the city that | ||
specifies the assessments the district will impose in the | ||
district's next fiscal year in sufficient clarity to describe the | ||
assessments for the operation and maintenance of the district and | ||
the assessments for the payment of debt service of obligations | ||
issued or incurred by the district. | ||
(b) The board shall annually record in the deed records of | ||
the county a current assessment roll approved by the governing body | ||
of the city. | ||
(c) The assessment roll must clearly state that the | ||
assessments in the assessment roll are in addition to the ad valorem | ||
taxes imposed by other taxing units that tax real property in the | ||
district. | ||
(d) The district shall generate and implement a program to | ||
provide notification to a prospective purchaser of property in the | ||
district of the assessments that have been approved and are imposed | ||
by the district. | ||
Sec. 3885.257. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||
375.161, Local Government Code, does not apply to the district. | ||
Sec. 3885.258. NO IMPACT FEES. The district may not impose | ||
an impact fee. | ||
Sec. 3885.259. NO AD VALOREM TAX. The district may not | ||
impose an ad valorem tax. | ||
[Sections 3885.260-3885.300 reserved for expansion] | ||
SUBCHAPTER F. DISSOLUTION | ||
Sec. 3885.301. DISSOLUTION BY CITY. (a) The city may | ||
dissolve the district by ordinance. | ||
(b) The city may not dissolve the district until: | ||
(1) the district's outstanding debt or contractual | ||
obligations have been repaid or discharged; or | ||
(2) the city agrees to succeed to the rights and | ||
obligations of the district. | ||
Sec. 3885.302. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. | ||
(a) If the dissolved district has bonds or other obligations | ||
outstanding secured by and payable from assessments or other | ||
revenue, the city succeeds to the rights and obligations of the | ||
district regarding enforcement and collection of the assessments or | ||
other revenue. | ||
(b) The city shall have and exercise all district powers to | ||
enforce and collect the assessments or other revenue to pay: | ||
(1) the bonds or other obligations when due and | ||
payable according to their terms; or | ||
(2) special revenue or assessment bonds or other | ||
obligations issued by the city to refund the outstanding bonds or | ||
obligations of the district. | ||
Sec. 3885.303. ASSUMPTION OF ASSETS AND LIABILITIES. (a) | ||
After the city dissolves the district, the city assumes the | ||
obligations of the district, including any bonds or other debt | ||
payable from assessments or other district revenue. | ||
(b) If the city dissolves the district, the board shall | ||
transfer ownership of all district property to the city. | ||
SECTION 2. The Mustang Ranch Municipal Management District | ||
No. 1 initially includes all the territory contained in the | ||
following area: | ||
BEING a tract of land located in the COLEMAN WATSON SURVEY, | ||
ABSTRACT NO. 945, Collin County, Texas and being a part of a called | ||
632.051 acre tract of land described in Deed to Twin Eagles, Ltd. | ||
recorded in County Clerk's Document Number 96-0013989, Deed | ||
Records, Collin County, Texas and being a part of a called 12.686 | ||
acre tract of land described in Deed to Robert S. Folsom, Trustee of | ||
the Twin Eagles Qualified Personal Residence Trust recorded in | ||
County Clerk's Document Number 95-0093145, Deed Records, Collin | ||
County, Texas and being a part of a called 50.00 acre tract of land | ||
described in Deed to Twin Eagles Ltd. recorded in Volume 4826, Page | ||
2205, Deed Records, Collin County, Texas and being more | ||
particularly described as follows: | ||
BEGINNING at a 5/8 inch iron rod found in the North line of | ||
Farm-To-Market Road 1461, a variable width right-of-way, at the | ||
Southwest corner of a called 19.93 acre tract of land described in | ||
Deed to Debra Folsom Jarma and Don M. Jarma recorded in Volume 3790, | ||
Page 267, Deed Records, Collin County, Texas, said point being the | ||
Southeast corner of said 50.00 acre tract; | ||
THENCE South 89 degrees 41 minutes 18 seconds West, along the | ||
North line of said Farm-To-Market Road 1461, a distance of 750.84 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set for corner, from which a 1/2 inch iron found bears South 76 | ||
degrees 31 minutes 14 seconds West, a distance of 2.08 feet; | ||
THENCE South 89 degrees 16 minutes 18 seconds West, | ||
continuing long the North line of said Farm-To-Market Road 1461, a | ||
distance of 231.01 feet to a 1/2 inch iron rod with a yellow plastic | ||
cap stamped "DAA" set at the Southwest corner of Lot 30, Block C of | ||
TWELVE OAKS PHASE II, an Addition to Collin County, Texas according | ||
to the Plat thereof recorded in Cabinet P, Slide 486, Map Records, | ||
Collin County, Texas, from which a 1/2 inch iron rod with a yellow | ||
plastic cap stamped "EC&D RPLS 5439" bears South 06 degrees 27 | ||
minutes 24 seconds West, a distance of 0.32 feet; | ||
THENCE North 00 degrees 54 minutes 55 seconds East, along the | ||
West line of said TWELVE OAKS PHASE II, a distance of 2,206.67 feet | ||
to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set in | ||
the South line of said 632.051 acre tract at the Northeast corner of | ||
Lot 18, Block C of said TWELVE OAKS PHASE II, from which a 1/2 inch | ||
iron rod with a yellow plastic cap stamped "ROOME" bears South 50 | ||
degrees 24 minutes 07 seconds West, a distance of 0.44 feet; | ||
THENCE South 89 degrees 37 minutes 23 seconds West, along the | ||
North line of said TWELVE OAKS PHASE II, a distance of 2,146.50 feet | ||
to a 3/8 inch iron rod found at the Southwest corner of said 632.051 | ||
acre tract; | ||
THENCE North 00 degrees 07 minutes 29 seconds East, along the | ||
West line of said 632.051 acre tract, a distance of 1,637.32 feet to | ||
a point for corner in the approximate centerline of Wilson Creek and | ||
in the East line of Lot 5, Block A of WILSON CREEK ESTATES, an | ||
Addition to Collin County, Texas according to the Plat thereof | ||
recorded in Cabinet J, Slide 605, Map Records, Collin County, | ||
Texas; | ||
THENCE Northerly, along the East line of said WILSON CREEK | ||
ESTATES and the approximate centerline of said Wilson Creek, the | ||
following five (5) courses and distances; North 39 degrees 31 | ||
minutes 50 seconds East, a distance of 1.00 feet to a point for | ||
corner; North 14 degrees 09 minutes 54 seconds East, a distance of | ||
67.24 feet to a point for corner; North 01 degrees 45 minutes 24 | ||
seconds West, a distance of 113.30 feet to a point for corner; North | ||
08 degrees 43 minutes 39 seconds West, a distance of 137.99 feet to | ||
point for corner; North 02 degrees 14 minutes 13 seconds West, a | ||
distance of 113.37 feet to point at the Southeast corner of WILSON | ||
CREEK ESTATES 2, an Addition to Collin County, Texas according to | ||
the Plat thereof recorded in Cabinet K, Slide 192, Map Records, | ||
Collin County, Texas; | ||
THENCE Northerly, along the East line of said WILSON CREEK | ||
ESTATES 2 and the approximate centerline of said Wilson Creek, the | ||
following eight (8) courses and distances; North 15 degrees 56 | ||
minutes 43 seconds East, a distance of 284.21 feet to point for | ||
corner; North 27 degrees 49 minutes 29 seconds East, a distance of | ||
53.72 feet to a point for corner; North 13 degrees 03 minutes 17 | ||
seconds East, a distance of 109.39 feet to point for corner; North | ||
10 degrees 02 minutes 27 seconds West, a distance of 235.76 feet to | ||
point for corner; North 04 degrees 58 minutes 53 seconds East, a | ||
distance of 56.26 feet to a point for corner; North 05 degrees 12 | ||
minutes 56 seconds West, a distance of 121.33 feet to point for | ||
corner; North 09 degrees 39 minutes 44 seconds West, a distance of | ||
165.65 feet to point for corner; North 01 degrees 30 minutes 36 | ||
seconds East, a distance of 45.98 feet to a point for corner in the | ||
South line of a called 185.094 acre tract of land described as Tract | ||
One in Deed to J. Baxter Brinkman recorded in County Clerk's | ||
Document Number 92-0052450, Deed Records, Collin County, Texas, | ||
from which a 3/4 inch iron rod found bears South 89 degrees 38 | ||
minutes 46 seconds West; a distance of 39.22 feet; | ||
THENCE North 89 degrees 38 minutes 46 seconds East, along the | ||
common line of said 185.094 acre tract and said 632.051 acre tract, | ||
a distance of 1,947.39 feet to a 1/2 inch iron rod found for corner; | ||
THENCE North 00 degrees 14 minutes 27 seconds West, along the | ||
common line of said 185.094 acre tract and said 632.051 acre tract, | ||
a distance of 1,721.69 feet to a 1/2 inch iron rod with a yellow | ||
plastic cap stamped "DAA" set at the Southwest corner of a called | ||
5.384 acre tract of land described as Tract Two in Deed to J. Baxter | ||
Brinkman recorded in County Clerk's Document Number 92-0052450, | ||
Deed Records, Collin County, Texas, from which a 1/2 inch iron rod | ||
found bears South 85 degrees 18 minutes 16 seconds West, a distance | ||
of 1.01 feet; | ||
THENCE Easterly, along the common line of said 5.384 acre | ||
tract and said 632.051 acre tract, the following six (6) courses and | ||
distances: North 89 degrees 48 minutes 09 seconds East, a distance | ||
of 2,167.88 feet to a 1/2 inch iron rod with a yellow plastic cap | ||
stamped "COLLIS RPLS 1764" found for corner; North 89 degrees 49 | ||
minutes 55 seconds East, a distance of 465.82 feet to a 1/2 inch | ||
iron rod with a yellow plastic cap stamped "DAA" set for corner, | ||
from which a 1/2 inch iron rod found bears South 35 degrees 46 | ||
minutes 01 seconds West, a distance of 0.39 feet; North 89 degrees | ||
47 minutes 20 seconds East, a distance of 305.39 feet to a 1/2 inch | ||
iron rod found for corner; North 89 degrees 51 minutes 51 seconds | ||
East, a distance of 816.05 feet to a 1/2 inch iron rod with a yellow | ||
plastic cap stamped "DAA" set for corner; South 89 degrees 56 | ||
minutes 24 seconds East, a distance of 311.73 feet to a 1/2 inch | ||
iron rod with a yellow plastic cap stamped "DAA" set for corner; | ||
North 89 degrees 42 minutes 42 seconds East, a distance of 330.59 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set at the Northwest corner of a called 1.0000 acre tract of land | ||
described in Deed to Danville Water Supply Corporation recorded in | ||
Volume 1992, Page 738, Deed Records, Collin County, Texas; | ||
THENCE South 00 degrees 15 minutes 01 seconds East, along the | ||
common line of said 1.0000 acre tract and said 632.051 acre tract, a | ||
distance of 146.88 feet to a 1/2 inch iron rod found for corner; | ||
THENCE North 89 degrees 44 minutes 59 seconds East, | ||
continuing along the common line of said 1.0000 acre tract and said | ||
632.051 acre tract a distance of 299.37 feet to a 1/2 inch iron rod | ||
with a yellow plastic cap stamped "DAA" set for corner in the West | ||
line of Farm-To-Market Road 2478, a variable width right-of-way, | ||
from which a 1/2 inch iron rod found bears South 89 degrees 44 | ||
minutes 59 seconds East, a distance of 0.33 feet; | ||
THENCE Southerly, along the West line of said Farm-To-Market | ||
Road 2478, the following eight (8) courses and distances: South 04 | ||
degrees 07 minutes 13 seconds East, a distance of 113.40 feet to a | ||
wood right-of-way marker found for corner; South 03 degrees 46 | ||
minutes 13 seconds East, a distance of 525.05 feet to a 1/2 inch | ||
iron rod found for corner; South 01 degrees 56 minutes 26 seconds | ||
West, a distance of 100.50 feet to a nail found in wood right-of-way | ||
marker for corner; South 03 degrees 46 minutes 13 seconds East, a | ||
distance of 200.00 feet to a 1/2 inch iron rod with a yellow plastic | ||
cap stamped "DAA" set for corner, from which a wood right-of-way | ||
marker found bears North 78 degrees 39 minutes 45 seconds West, a | ||
distance of 0.95 feet; South 09 degrees 28 minutes 51 seconds East, | ||
a distance of 100.50 feet to a 1/2 inch iron rod with a yellow | ||
plastic cap stamped "DAA" set for corner; South 03 degrees 46 | ||
minutes 13 seconds East, a distance of 415.90 feet to a wood | ||
right-of-way marker found for corner at the beginning of a curve to | ||
the right having a central angle of 03 degrees 41 minutes 00 | ||
seconds, a radius of 5,679.58 feet and a chord bearing and distance | ||
of South 01 degrees 55 minutes 43 seconds East, 365.06 feet; | ||
Southerly, along said curve to the right, an arc distance of 365.12 | ||
feet to a wood right-of-way marker found for corner; South 00 | ||
degrees 05 minutes 13 seconds East, a distance of 2,278.15 feet to a | ||
1/2 inch iron rod with a yellow plastic cap stamped "DAA" set at the | ||
Northeast corner of a called 1.000 acre tract of land described in | ||
Deed to Rhea's Mill Baptist Church recorded in Volume 1745, Page | ||
773, Deed Records, Collin County, Texas, from which a 1/2 inch | ||
square pipe found bears South 89 degrees 48 minutes 02 seconds West, | ||
a distance of 1.07 feet; | ||
THENCE South 89 degrees 48 minutes 02 seconds West, a | ||
distance of 291.81 feet to a 1/2 inch iron rod found at the | ||
Northwest corner of said Rhea's Mill Baptist Church tract; | ||
THENCE South 00 degrees 20 minutes 34 seconds East, a | ||
distance of 150.52 feet to a 1/2 inch iron rod with a yellow plastic | ||
cap stamped "DAA" set for corner in the North line of Lot 4 of | ||
ROLLING MEADOWS ESTATES, an Addition to Collin County, Texas | ||
according to the Plat thereof recorded in Cabinet P, Slide 486, Map | ||
Records, Collin County, Texas; | ||
THENCE South 89 degrees 40 minutes 07 seconds West, along the | ||
common line of said ROLLING MEADOWS ESTATES and said 632.051 acre | ||
tract, passing at a distance of 1,509.89 feet a 1 inch iron rod | ||
found at the Northwest corner of said ROLLING MEADOWS ESTATES and | ||
the Northeast corner of a called 81.104 acre tract described in Deed | ||
to Debra F. Jarma and Don M. Jarma recorded in County Clerk's | ||
Document Number 95-0092267, Deed Records, Collin County, Texas and | ||
continuing along the common line of said 81.104 acre tract and said | ||
632.051 acre tract, in all for a total distance of 2,209.89 feet to | ||
a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for | ||
corner; | ||
THENCE South 00 degrees 52 minutes 41 seconds West, along the | ||
common line of said 81.104 acre tract and said 632.051 acre tract, a | ||
distance of 421.13 feet to a 1/2 inch iron rod with a yellow plastic | ||
cap stamped "DAA" set for corner; | ||
THENCE South 89 degrees 27 minutes 07 seconds West, | ||
continuing along the common line of said 81.104 acre tract and said | ||
632,051 acre tract, a distance of 1,159.85 feet to a 1/2 inch iron | ||
square pipe found at the Northwest corner of said 81.104 acre tract | ||
and the Northeast corner of a called 11.252 acre tract of land | ||
described in Deed to Debra F. Jarma and Don M. Jarma recorded in | ||
Volume 4973, Page 3420, Deed Records, Collin County, Texas; | ||
THENCE South 89 degrees 24 minutes 47 seconds West, along the | ||
common line of said 11.252 acre tract and said 632.051 acre tract, a | ||
distance of 281.99 feet to a 1/2 inch iron rod with a yellow plastic | ||
cap stamped "DAA" set at the Northwest corner of said 11.252 acre | ||
tract; | ||
THENCE Southerly, along the West line of said 11.252 acre | ||
tract, the following six (6) courses and distances: South 00 | ||
degrees 55 minutes 08 seconds West, a distance of 420.00 feet to a | ||
1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for | ||
corner; South 14 degrees 29 minutes 02 seconds East, a distance of | ||
241.26 feet to a 1/2 inch iron rod with a yellow plastic cap stamped | ||
"DAA" set for corner; South 00 degrees 55 minutes 08 seconds West, a | ||
distance of 320.00 feet to a 1/2 inch iron rod with a yellow plastic | ||
cap stamped "DAA" set for corner; South 12 degrees 45 minutes 08 | ||
seconds West, a distance of 449.55 feet to a 1/2 inch iron rod with a | ||
yellow plastic cap stamped "DAA" set for corner; South 19 degrees 10 | ||
minutes 32 seconds East, a distance of 436.57 feet to a 1/2 inch | ||
iron rod with a yellow plastic cap stamped "DAA" set for corner; | ||
South 33 degrees 22 minutes 42 seconds East, a distance of 288.40 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set for corner in the West line of said 19.93 acre tract; | ||
THENCE South 01 degrees 56 minutes 48 seconds West, along the | ||
West line of said 19.93 acre tract, a distance of 139.88 feet to the | ||
POINT OF BEGINNING and containing 681.999 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 September 1, 2011. |