Bill Text: TX HB4706 | 2019-2020 | 86th Legislature | Enrolled

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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-Enrolled.html

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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:
Pos. No. Name of Director
1 John Peavy
2 Charles Taylor
3 Steve Cook
4 Paul Schlosberg
5 Russell Miller
(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. RESIDENTIAL PROPERTY NOT EXEMPT FROM
CERTAIN REQUIREMENTS. Sections 375.161 and 375.164, Local
Government Code, do not apply to the district.
Sec. 3986.0312. 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 3986.0504(b), 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. TAX LIMITATION. An ad valorem tax imposed
by the district may be used only for a purpose authorized under:
(1) Chapter 49 or 54, Water Code;
(2) Section 52, Article III, Texas Constitution; or
(3) Section 59, Article XVI, Texas Constitution.
Sec. 3986.0503. 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.
(b) The board shall determine the operation and maintenance
tax rate. The rate may not exceed the rate approved at the
election.
Sec. 3986.0504. 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:
(1) 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;
(2) ad valorem taxes for a purpose authorized under
Section 3986.0502; and
(3) assessments only to finance a major public
infrastructure improvement project that serves a majority of the
district.
(c) The district may issue, by public or private sale,
bonds, notes, or other obligations payable wholly or partly from
assessments in the manner provided by Subchapter A, Chapter 372,
Local Government Code, if the improvement financed by 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. 3986.0505. 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. 3986.0506. 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. 3986.0507. 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.
(c) 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4706 was passed by the House on May 7,
2019, by the following vote: Yeas 130, Nays 16, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4706 on May 24, 2019, by the following vote: Yeas 113, Nays 28,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4706 was passed by the Senate, with
amendments, on May 21, 2019, by the following vote: Yeas 28, Nays
3.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor