85R14573 JCG-F     By: Holland H.B. No. 4294       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the North Celina Municipal Management   District No. 3; providing a limited authority of eminent domain;   providing authority to impose taxes, levy assessments, 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 3959 to read as follows:   CHAPTER 3959.  NORTH CELINA MUNICIPAL MANAGEMENT DISTRICT NO. 3   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 3959.001.  DEFINITIONS. In this chapter:                (1)  "Board" means the district's board of directors.                (2)  "City" means the City of Celina, Texas.                (3)  "Commission" means the Texas Commission on   Environmental Quality.                (4)  "Director" means a board member.                (5)  "District" means the North Celina Municipal   Management District No. 3.          Sec. 3959.002.  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. 3959.003.  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)  The district is created to supplement and not to   supplant city services provided in the district.          Sec. 3959.004.  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 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;                (3)  developing or expanding transportation and   commerce; and                (4)  providing quality residential housing.          (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 residential 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.          (e)  Pedestrian ways along or across a street, whether at   grade or above or below the surface, and street lighting, street   landscaping, vehicle parking, and street art objects are parts of   and necessary components of a street and are considered to be an   improvement project that includes 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. 3959.005.  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 issue any type of bond for the purposes   for which the district is created or to pay the principal of and   interest on a bond;                (3)  right to impose or collect an assessment or tax; or                (4)  legality or operation.          Sec. 3959.006.  APPLICABILITY OF MUNICIPAL MANAGEMENT   DISTRICT LAW.  (a)  Except as provided by this chapter, Chapter 375,   Local Government Code, applies to the district.          (b)  The following provisions of Chapter 375, Local   Government Code, do not apply to the district:                (1)  Sections 375.161 and 375.164; and                (2)  Subchapters B and O.          (c)  This chapter prevails over any provision of Chapter 375,   Local Government Code, that is in conflict or inconsistent with   this chapter.          Sec. 3959.007.  CONFIRMATION AND DIRECTORS' ELECTION   REQUIRED.  The initial directors shall hold an election to confirm   the creation of the district and to elect five permanent directors   as provided by Section 49.102, Water Code.          Sec. 3959.008.  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; or                (3)  an enterprise zone created under Chapter 2303,   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 3959.251.          (c)  If the city creates a tax increment reinvestment zone   described by Subsection (a), the city may determine the percentage   of the property in the zone that may be used for residential   purposes and is not subject to the limitations provided by Section   311.006, Tax Code.          Sec. 3959.009.  EFFECT OF ANNEXATION. Notwithstanding any   other law, if all of the territory of the district is annexed by the   city into the city's corporate limits, the district:                (1)  retains all of the district's outstanding debt and   obligations;                (2)  is not dissolved; and                (3)  continues to operate under this chapter until the   district is dissolved under Subchapter G.          Sec. 3959.010.  CONSTRUCTION OF CHAPTER. This chapter shall   be construed liberally in conformity with the findings and purposes   stated in this chapter.   SUBCHAPTER B.  BOARD OF DIRECTORS          Sec. 3959.051.  GOVERNING BODY; TERMS.  (a) The district is   governed by a board of five elected directors.          (b)  Except as provided by Section 3959.054, directors serve   staggered four-year terms, with two or three directors' terms   expiring June 1 of each odd-numbered year.          Sec. 3959.052.  BOARD MEETINGS. The board shall hold   meetings at a place accessible to the public and located in the   city.          Sec. 3959.053.  REMOVAL OF DIRECTORS. (a) The board may   remove a director by unanimous vote of the other directors if the   director has missed at least half of the meetings scheduled during   the preceding 12 months.          (b)  A director removed under this section may file a written   appeal with the commission not later than the 30th day after the   date the director receives written notice of the board action. The   commission may reinstate the director if the commission finds that   the removal was unwarranted under the circumstances after   considering the reasons for the absences, the time and place of the   meetings, the business conducted at the meetings missed, and any   other relevant circumstances.          Sec. 3959.054.  INITIAL DIRECTORS. (a) The initial board   consists of:                          Pos. No.   Name of Director                          1         _________________                          2         _________________                          3         _________________                          4         _________________                          5         _________________          (b)  Initial directors serve until the earlier of:                (1)  the date permanent directors are elected under   Section 3959.007; or                (2)  the fourth anniversary of the effective date of   the Act enacting this chapter.          (c)  If permanent directors have not been elected under   Section 3959.007 and the terms of the initial directors have   expired, successor initial directors shall be appointed or   reappointed as provided by Subsection (d) to serve terms that   expire on the earlier of:                (1)  the date permanent directors are elected under   Section 3959.007; or                (2)  the fourth anniversary of the date of the   appointment or reappointment.          (d)  If Subsection (c) applies, the owner or owners of a   majority of the assessed value of the real property in the district   according to the most recent certified tax appraisal rolls for the   county may submit a petition to the commission requesting that the   commission appoint as successor initial directors the five persons   named in the petition.  The commission shall appoint as successor   initial directors the five persons named in the petition.   SUBCHAPTER C.  POWERS AND DUTIES          Sec. 3959.101.  GENERAL POWERS AND DUTIES.  The district has   the powers and duties necessary to accomplish the purposes for   which the district is created.          Sec. 3959.102.  PUBLIC IMPROVEMENT DISTRICT POWERS.  The   district has the powers provided by Chapter 372, Local Government   Code, to a municipality or county.          Sec. 3959.103.  IMPROVEMENT PROJECTS AND SERVICES. (a)   Subject to Subsection (c), 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.          (b)  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.          (c)  The district may not construct or finance an improvement   project, other than a water, sewer, or drainage facility or road,   without obtaining the written consent of the city's governing body.          Sec. 3959.104.  LOCATION OF IMPROVEMENT PROJECT. A district   improvement project may be located inside or outside of the   district.          Sec. 3959.105.  OWNERSHIP OF IMPROVEMENT PROJECTS. (a)   Before a district improvement project may be put into operation,   the district must transfer ownership of the project to the city.          (b)  The transfer of ownership is complete on the city's   acceptance of ownership.          Sec. 3959.106.  RETAIL WATER AND SEWER SERVICES PROHIBITED.   The district may not provide retail water or sewer services.          Sec. 3959.107.  ADDING OR REMOVING TERRITORY. (a) Subject   to Subsections (b) and (c), the board may add or remove territory as   provided by Subchapter J, Chapter 49, Water Code.          (b)  The district may add territory as described by   Subsection (a) only if the district obtains written consent from   the governing body of the city.          (c)  The district and any district created under Subchapter D   may not add a total area of more than 100 acres.          Sec. 3959.108.  LIMITED EMINENT DOMAIN POWER. The district   may not exercise the power of eminent domain unless the district   obtains written consent from the governing body of the city.   SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS          Sec. 3959.151.  DIVISION OF DISTRICT; PREREQUISITES. The   district, including territory added to the district under Section   3959.107, may be divided into two or more new districts only if the   district has no outstanding bonded debt.  Territory previously   added to the district under Section 3959.107 may be included in a   new district.          Sec. 3959.152.  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. 3959.153.  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)  If the board decides to divide the district, the board   shall:                (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 four initial directors for each new   district.          (c)  The governing body of the city shall appoint one   director for each new district.          Sec. 3959.154.  CONTRACT AUTHORITY OF NEW DISTRICTS. The   new districts may contract with each other for any matter the boards   of the new districts consider appropriate, including the joint   construction or financing of an improvement authorized under this   chapter or the joint financing of water services, wastewater   services, or a maintenance obligation.   SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS          Sec. 3959.201.  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. 3959.202.  MONEY USED FOR IMPROVEMENTS OR SERVICES.   The district may acquire, construct, operate, maintain, or finance   an improvement project or service authorized by this chapter or   Chapter 375, Local Government Code, using any money available to   the district.          Sec. 3959.203.  METHOD OF NOTICE FOR HEARING. The district   may mail the notice required by Section 375.115(c), Local   Government Code, by certified or first class United States mail.   The board shall determine the method of notice.          Sec. 3959.204.  ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)   The board by order may impose and collect an assessment for any   purpose authorized by this chapter in all or any part of the   district 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)  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 are:                (1)  a first and prior lien against the property   assessed;                (2)  superior to any other lien or claim other than a   lien or claim for county, school district, or municipal ad valorem   taxes; and                (3)  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.          (e)  The district may not impose an assessment on a   municipality, county, or other political subdivision.          Sec. 3959.205.  NOTICE OF ASSESSMENTS. Annually, the board   shall file with the secretary of the city written notice 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.   SUBCHAPTER F.  TAXES AND BONDS          Sec. 3959.251.  BONDS AND OTHER OBLIGATIONS. (a) The   district may issue, by public or private sale, bonds, notes, or   other obligations payable wholly or partly from ad valorem taxes or   assessments in the manner provided by Subchapter A, Chapter 372, or   Subchapter J, Chapter 375, Local Government Code.  Sections   375.207(a) and (b), Local Government Code, do not apply to the   district.          (b)  In exercising the district's borrowing power, the   district may issue a bond or other obligation in the form of a bond,   note, certificate of participation or other instrument evidencing a   proportionate interest in payments to be made by the district, or   other type of obligation.          (c)  In addition to the sources of money described by   Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local   Government Code, district bonds may be secured and made payable   wholly or partly by a pledge of any part of the money the district   receives from improvement revenue or from any other source.          (d)  Not later than the 30th day before the date the district   holds a bond sale, the district shall provide the governing body of   the city written notice of the sale.          (e)  The district may issue bonds, notes, or other   obligations to maintain or repair an existing improvement project   only if the district obtains written consent from the governing   body of the city.   SUBCHAPTER G.  DISSOLUTION          Sec. 3959.301.  DISSOLUTION BY CITY ORDINANCE. (a) The   governing body of the city may dissolve the district by ordinance.          (b)  The governing body may not dissolve the district until:                (1)  water, sanitary, sewer, and drainage improvements   and roads have been constructed to serve at least 80 percent of the   net developable territory of the district; and                (2)  the district has reimbursed a developer in the   district for all costs advanced to or on behalf of the district.          (c)  Until the district is dissolved, the district is   responsible for all bonds and other obligations of the district.          Sec. 3959.302.  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, other than revenue from ad valorem taxes:                (1)  the assessments remain in effect; and                (2)  the city shall succeed 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.          Sec. 3959.303.  ASSUMPTION OF ASSETS AND LIABILITIES. After   the city dissolves the district, the city assumes, subject to the   appropriation and availability of funds, the obligations of the   district, including any bonds or other debt payable from taxes,   assessments, or other district revenue and any assets of the   district.          SECTION 2.  The North Celina Municipal Management District   No. 3 initially includes all the 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.   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.  (a)  Section 3959.108, Special District Local   Laws Code, as added by Section 1 of this Act, takes effect only if   this Act receives a two-thirds vote of all the members elected to   each house.          (b)  If this Act does not receive a two-thirds vote of all the   members elected to each house, Subchapter C, Chapter 3959, Special   District Local Laws Code, as added by Section 1 of this Act, is   amended by adding Section 3959.108 to read as follows:          Sec. 3959.108.  NO EMINENT DOMAIN POWER. The district may   not exercise the power of eminent domain.          (c)  This section is not intended to be an expression of a   legislative interpretation of the requirements of Section 17(c),   Article I, Texas Constitution.          SECTION 5.  This Act takes effect September 1, 2017.