Bill Text: TX HB3846 | 2011-2012 | 82nd Legislature | Engrossed

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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-Engrossed.html

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82R22326 JXC-D
By: Laubenberg H.B. No. 3846

A BILL TO BE ENTITLED
AN ACT
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.