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  H.B. No. 3182
 
 
 
 
AN ACT
  relating to the creation of the Tradition Municipal Utility
  District No. 2 of Denton County; providing authority to impose a tax
  and issue bonds; granting a limited power of eminent domain.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8189 to read as follows:
  CHAPTER 8189. TRADITION MUNICIPAL UTILITY DISTRICT
  NO. 2 OF DENTON COUNTY
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8189.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the board of directors of the
  district.
               (2)  "Director" means a member of the board.
               (3)  "District" means the Tradition Municipal Utility
  District No. 2 of Denton County.
         Sec. 8189.002.  NATURE OF DISTRICT. The district is a
  municipal utility district in Denton County created under and
  essential to accomplish the purposes of Section 59, Article XVI,
  Texas Constitution.
         Sec. 8189.003.  CONFIRMATION ELECTION REQUIRED. If the
  creation of the district is not confirmed at a confirmation
  election held under Section 8189.024 before September 1, 2011:
               (1)  the district is dissolved September 1, 2011,
  except that:
                     (A)  any debts incurred shall be paid;
                     (B)  any assets that remain after the payment of
  debts shall be transferred to Denton County; and
                     (C)  the organization of the district shall be
  maintained until all debts are paid and remaining assets are
  transferred; and
               (2)  this chapter expires September 1, 2014.
         Sec. 8189.004.  INITIAL DISTRICT TERRITORY. (a) The
  district is initially composed of the territory described by
  Section 2 of the Act creating this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act creating this chapter form a closure. A mistake made in the
  field notes or in copying the field notes in the legislative process
  does not affect:
               (1)  the organization, existence, or validity of the
  district;
               (2)  the right of the district to impose taxes;
               (3)  the validity of the district's bonds, notes, or
  indebtedness; or
               (4)  the legality or operation of the district or the
  board.
  [Sections 8189.005-8189.020 reserved for expansion]
  SUBCHAPTER A1. TEMPORARY PROVISIONS
         Sec. 8189.021.  TEMPORARY DIRECTORS. (a) On or after
  September 1, 2007, a person who owns land in the district may submit
  a petition to the Texas Commission on Environmental Quality
  requesting that the commission appoint as temporary directors the
  five persons named in the petition.
         (b)  The commission shall appoint as temporary directors the
  five persons named in the first petition received by the commission
  under Subsection (a).
         (c)  If a temporary director fails to qualify for office, the
  commission shall appoint a person to fill the vacancy.
         (d)  Temporary directors serve until the earlier of:
               (1)  the date directors are elected under Section
  8189.024; or
               (2)  the date this subchapter expires under Section
  8189.026.
         Sec. 8189.022.  ORGANIZATIONAL MEETING OF TEMPORARY
  DIRECTORS. As soon as practicable after all the temporary
  directors have qualified under Section 49.055, Water Code, the
  temporary directors shall meet at a location in the district
  agreeable to a majority of the directors. At the meeting, the
  temporary directors shall elect officers from among the temporary
  directors and conduct any other district business.
         Sec. 8189.023.  CONSENT OF MUNICIPALITY REQUIRED.  The
  temporary directors may not hold an election under Section 8189.024
  until each municipality in whose extraterritorial jurisdiction the
  district is located has adopted a resolution after September 1,
  2007, reconfirming its consent to the creation of the district.
         Sec. 8189.024.  CONFIRMATION AND INITIAL DIRECTORS'
  ELECTION.  The temporary directors shall hold an election to
  confirm the creation of the district and to elect five directors as
  provided by Section 49.102, Water Code.
         Sec. 8189.025.  INITIAL ELECTED DIRECTORS; TERMS.  The
  directors elected under Section 8189.024 shall draw lots to
  determine which two shall serve until the first regularly scheduled
  election of directors under Section 8189.052 and which three shall
  serve until the second regularly scheduled election of directors.
         Sec. 8189.026.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2014.
  [Sections 8189.027-8189.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8189.051.  DIRECTORS; TERMS. (a) The district is
  governed by a board of five directors.
         (b)  Directors serve staggered four-year terms.
         Sec. 8189.052.  ELECTION OF DIRECTORS. On the uniform
  election date in May of each even-numbered year, the appropriate
  number of directors shall be elected.
  [Sections 8189.053-8189.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8189.101.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES.  The district has the powers and duties provided by the
  general law of this state, including Chapters 49 and 54, Water Code,
  applicable to municipal utility districts created under Section 59,
  Article XVI, Texas Constitution.
         Sec. 8189.102.  ROAD PROJECTS. (a)  To the extent authorized
  by Section 52, Article III, Texas Constitution, the district may
  construct, acquire, improve, maintain, or operate macadamized,
  graveled, or paved roads, or improvements in aid of those roads,
  inside the district.
         (b)  A road project must meet or exceed all applicable
  construction standards, zoning and subdivision requirements, and
  regulatory ordinances of each municipality in whose corporate
  limits or extraterritorial jurisdiction the district is located.
         (c)  The district may not undertake a road project unless
  each municipality in whose corporate limits or extraterritorial
  jurisdiction the district is located consents by ordinance or
  resolution.
         Sec. 8189.103.  DIVISION OF DISTRICT; REQUIREMENTS. (a)  
  The district may be divided into two or more new districts only if
  the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  The board may consider a proposal to divide the district
  on:
               (1)  a petition of a landowner in the district; or
               (2)  a motion by the board.
         (c)  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)  send written notice containing the information
  required by Subdivisions (1) and (2) to each county and
  municipality in whose extraterritorial jurisdiction the district
  is located.
         (d)  Any new district created by the division of the district
  may not, at the time the new district is created:
               (1)  contain any land outside the area described by
  Section 2 of the Act creating this chapter; or
               (2)  consist of fewer than 300 acres or more than 500
  acres, without obtaining prior consent from the City Council of the
  City of Fort Worth.
         (e)  The City Council of the City of Fort Worth may refuse to
  issue a building permit or refuse to commence water service for an
  area located in the district until the area is in a new district
  that has been created by the division of the district in accordance
  with this section.
         Sec. 8189.104.  ELECTION FOR DIVISION OF DISTRICT. (a)  Not
  sooner than the 30th day after the date on which the board has
  complied with Section 8189.103(c), the board shall hold an election
  in the district to determine whether the district should be divided
  as proposed.
         (b)  The board shall give notice of the election not later
  than the 35th day before the date of the election.  The notice must
  state:
               (1)  the date and location of the election; and
               (2)  the proposition to be voted on.
         (c)  If a majority of the votes cast are in favor of the
  division:
               (1)  the district is divided; and
               (2)  not later than the 30th day after the date of the
  election, the district shall provide written notice of the division
  to:
                     (A)  the Texas Commission on Environmental
  Quality;
                     (B)  the attorney general;
                     (C)  the Commissioners Court of Denton County; and
                     (D)  any municipality having extraterritorial
  jurisdiction over territory in each new district.
         (d)  If a majority of the votes cast are not in favor of the
  division, the district may not be divided.
         Sec. 8189.105.  ELECTION OF DIRECTORS OF NEW DISTRICTS. (a)  
  Not later than the 90th day after the date of an election in favor of
  the division of the district, the board shall:
               (1)  appoint itself as the board of one of the new
  districts; and
               (2)  appoint five directors for each of the other new
  districts.
         (b)  Directors appointed under Subsection (a)(1) serve the
  staggered terms to which they were elected in the original
  district.  Directors appointed under Subsection (a)(2) serve until
  the election for directors under Subsection (c).
         (c)  On the uniform election date in May of the first
  even-numbered year after the year in which the directors are
  appointed, the appointed board shall hold an election to elect five
  directors in each district for which directors were appointed under
  Subsection (a)(2).  The directors shall draw lots to determine
  which two shall serve until the next regularly scheduled election
  of directors and which three shall serve until the second regularly
  scheduled election of directors.
         Sec. 8189.106.  CONTINUING POWERS AND OBLIGATIONS OF NEW
  DISTRICTS. (a)  Each new district may incur and pay debts and has
  all powers of the original district created by this chapter,
  including the power to divide into two or more districts.
         (b)  If the district is divided as provided by this
  subchapter, the current obligations and any bond authorizations of
  the district are not impaired. Debts shall be paid by revenue or by
  taxes or assessments imposed on real property in the district as if
  the district had not been divided or by contributions from each new
  district as stated in the terms set by the board under Section
  8189.103(c).
         (c)  Any other district obligation is divided pro rata among
  the new districts on an acreage basis or on other terms that are
  satisfactory to the new districts.
         Sec. 8189.107.  COMPLIANCE WITH MUNICIPAL ORDINANCES OR
  RESOLUTIONS. The original district and any new district created by
  the division of the district shall comply with all applicable
  requirements of any ordinance or resolution adopted by the City
  Council of the City of Fort Worth that consents to the creation of
  the district.
         Sec. 8189.108.  PAYMENT OF IMPACT FEES. (a)  A municipality
  that provides water or wastewater service to a new development
  located in the district or in a district created under this
  subchapter may impose impact fees as provided by Chapter 395, Local
  Government Code.
         (b)  Notwithstanding the provisions of Chapter 395, Local
  Government Code, regarding the time and method of payment of impact
  fees, the fees may be paid by the district, a district created under
  this subchapter, the landowner, or the developer under an agreement
  with the municipality.
         Sec. 8189.109.  LIMIT ON EMINENT DOMAIN POWER. The district
  may exercise the power of eminent domain outside the district only
  to acquire an easement necessary for pipeline, storm water, or
  drainage facilities that serve the district.
  [Sections 8189.110-8189.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8189.151.  TAX TO REPAY BONDS. The district may impose
  a tax to pay the principal of or interest on bonds issued under
  Section 8189.201.
  [Sections 8189.152-8189.200 reserved for expansion]
  SUBCHAPTER E. BONDS
         Sec. 8189.201.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS. (a) The district may issue bonds or other obligations
  as provided by Chapters 49 and 54, Water Code, to finance the
  construction, maintenance, or operation of projects under Sections
  8189.101 and 8189.102.
         (b)  The district may not issue bonds to finance projects
  authorized by Section 8189.102 unless the issuance is approved by a
  vote of a two-thirds majority of the voters of the district voting
  at an election called for that purpose.
         (c)  Bonds or other obligations issued or incurred to finance
  projects authorized by Section 8189.102 may not exceed one-fourth
  of the assessed value of the real property in the district.
         SECTION 2.  The Tradition Municipal Utility District No. 2
  of Denton County initially includes all the territory contained in
  the following area:
  BEING a 1,922.737 acre tract of land in the G. Cardinas Survey,
  Abstract No. 214, the James Chesier Survey, Abstract No. 225, the
  W.D. Reed Survey, Abstract No. 1125, the W.C. Brookfield Survey,
  Abstract No. 34, and the W.A. Ferris Survey, Abstract No. 419
  situated in Denton County, Texas and being a combination of a
  portion of those tracts conveyed to Aperion Communities, L.L.L.P.
  (Aperion Tract One-A and Aperion Tract One-B), by deed recorded
  under County Clerk's File No. 2004-11913 of the Real Property
  Records of Denton County, Texas (RPRDCT), that tract conveyed to
  Nancy Talley Reynolds, et al, by deed recorded in Volume 2301, Page
  223 RPRDCT, a portion of that tract conveyed to Aperion
  Communities, L.L.L.P. by deed recorded under County Clerk's File
  No. 2003-190652 RPRDCT (Aperion Tract Two), that tract conveyed to
  Rocksand Investments, LLLP by deed recorded in Instrument Number
  2005-30851 RPRDCT and those tracts recorded in Volume 5128, Page
  3102 and Volume 5119, Page 715, RPRDCT and being more particularly
  described as follows:
  TRACT ONE
  COMMENCING at a capped 5/8" iron pin found, said iron pin also being
  on the north right-of-way line of State Highway No. 114, said iron
  pin also being on the west line of said Alliance 161 Investments
  tract, said iron pin also being on the east line of a tract conveyed
  to Betty Marie McIntyre, et al, by deed recorded in Volume 2906,
  Page 363 RPRDCT; THENCE
  N 00°32'36" W along the west line of said Alliance 161 Investments
  tract and the east line of said McIntyre, et al, tract recorded in
  Volume 2906, Page 363 RPRDCT, a distance of 3701.24 feet to a 3/8"
  iron pin found; THENCE N 89°39'59" E along the north line of said
  Alliance 161 Investments tract and the east line of said McIntyre,
  et al, tract recorded in Volume 2906, Page 363 RPRDCT, a distance of
  1826.89 feet to a 1/2" iron pin found, said iron pin also being on
  the west line of said Aperion Tract One-A; THENCE N 00°22'44" W
  along the east line of said McIntyre, et al, tract recorded in
  Volume 2906, Page 363 RPRDCT, and the west line of said Aperion
  Tract One-A, a distance of 1294.80 feet to a capped 1/2" iron pin
  set, said capped iron pin set also being on the west line of said
  Nancy Reynolds Talley, et al tract, said iron pin also being the
  POINT OF BEGINNING of the herein described tract;
  THENCE N 00°22'44" W along the east line of said McIntyre, et al,
  tract recorded in Volume 2906, Page 363 RPRDCT, and the west line of
  said Aperion Tract One-A, a distance of 102.53 feet to a capped 1/2"
  iron pin set
  THENCE N 57°46'29" W along the east line of said McIntyre, et al,
  tract recorded in Volume 2906, Page 363 RPRDCT, the east line of a
  tract conveyed to Peggy Jeannine Eaton and Betty Marie McIntyre by
  deed recorded under County Clerk's File No. 2003-203215 and the
  west line of said Nancy Reynolds Talley, et al tract, a distance of
  253.45 feet to a 1/2" iron pin found;
  THENCE N 00°21'32" E along the east line of said Peggy Jeannine Eaton
  and Betty Marie McIntyre tract and the west line of said Nancy
  Reynolds Talley, et al tract, a distance of 1364.27 feet to a
  railroad spike found, said railroad spike also being on a west line
  of said Aperion Tract One-A, said railroad spike also being in Sam
  Reynolds Road;
  THENCE N 00°12'20" W along the east line of said Peggy Jeannine Eaton
  and Betty Marie McIntyre tract and the west line of said Aperion
  Tract One-A and in Sam Reynolds Road, a distance of 2791.88 feet to
  a railroad spike found;
  THENCE S 89°52'16" W along the north line of said Peggy Jeannine
  Eaton and Betty Marie McIntyre tract and the west line of said
  Aperion Tract One-A and in Sam Reynolds Road, a distance of 1909.29
  feet to a 5/8" iron pin found, said iron pin also being on the east
  line of Indian Trails Phase 1, an addition to Denton County, Texas
  as recorded in Cabinet G, Page 311 of the Plat Records of Denton
  County, Texas (PRDCT);
  THENCE N 00°09'15" W along the west line of said Aperion Tract One-A,
  the east line of said Indian Trails Phase 1, the east line of a tract
  conveyed to Avondale Ranch by deed recorded in Volume 5289, Page
  4253 RPRDCT and in Sam Reynolds Road, a distance of 1437.47 feet to
  a 60d nail in asphalt found, said 60d nail also being the southwest
  corner of a tract conveyed to Milton High by deed recorded in Volume
  501, Page 248 RPRDCT;
  THENCE N 76°15'28" E along the west line of said Aperion Tract One-A
  and the south line of said High tract, a distance of 381.87 feet to a
  1/2" iron pin found;
  THENCE N 00°18'58" W along the west line of said Aperion Tract One-A
  and the east line of said High tract, a distance of 307.76 feet to a
  1/2" iron pin found;
  THENCE S 89°55'09" W along the west line of said Aperion Tract One-A
  and the north line of said High tract, a distance of 370.41 feet to a
  60d nail found, said 60d nail also being on the east line of said
  Avondale Ranch tract and in Sam Reynolds Road;
  THENCE N 00°12'09" W along the west line of said Aperion Tract One-A,
  the east line of said Avondale Ranch tract, the east line of a tract
  conveyed to W.E. Wilkerson by deed recorded in Volume 960, Page 35
  RPRDCT, the east line of a tract conveyed to Edward Zelnik, et ux
  Janet by deed recorded in Volume 4062, Page 1905 RPRDCT, the east
  line of a tract conveyed to J. Lloyd Barksdale, et ux Dorthy by deed
  recorded in Volume 829, Page 271 RPRDCT, the east line of a tract
  conveyed to J. Lloyd Barksdale, et ux Dorthy by deed recorded in
  Volume 829, Page 275 RPRDCT, the east line of a tract conveyed to
  Gary Lynn Barksdale, et ux Toni Gayle by deed recorded in Volume
  1545, Page 427 RPRDCT, the east line of a tract conveyed to Bobby J.
  Henry by deed recorded in Volume 5028, Page 3683 RPRDCT, and in Sam
  Reynolds Road, a distance of 3495.34 feet to a railroad spike found,
  said railroad spike also being on the south line of a tract conveyed
  to Margaret DiNapoli, et al, by deed recorded in Volume 4522, Page
  2063 RPRDCT;
  THENCE S 89°57'51" E along the west line of said Aperion Tract One-A
  and the south line of said Margaret DiNapoli, et al tract, a
  distance of 509.83 feet to a 5/8" iron pin found, said iron pin also
  being on the west line of a tract conveyed to Archie Eddleman by
  deed recorded in Volume 2322, Page 824 RPRDCT;
  THENCE S 00°14'31" E along the west line of said Aperion Tract One-A
  and the west line of said Eddleman tract, a distance of 226.43 feet
  to a 1/2" iron pin found;
  THENCE N 89°05'10" E along the west line of said Aperion Tract One-A
  and the south line of said Eddleman tract, a distance of 870.61 feet
  to a 5/8" iron pin found, said iron pin also being the southwest
  corner of a tract conveyed to Ricky Iverson by deed recorded in
  Volume 4718, Page 362 RPRDCT;
  THENCE N 88°48'54" E along the west line of said Aperion Tract One-A
  and the south line of said Iverson tract and the south line of a
  tract conveyed to Carol Theis by deed recorded in Volume 1038, Page
  887 RPRDCT, a distance of 1598.77 feet to a 1/2" iron pin found;
  THENCE N 00°24'54" W along the west line of said Aperion Tract One-A
  and the east line of said Theis tract and the east line of a tract
  conveyed to S.R. Harper by deed recorded in Volume 1726, Page 31
  RPRDCT, a distance of 907.14 feet to a 1/2" iron pin found, said
  iron pin also being the southeast corner of a tract conveyed to Roy
  Chastain by Contract of Sale recorded under County Clerk's File No.
  97-R0021328 RPRDCT;
  THENCE N 00°43'24" W along the west line of said Aperion Tract One-A
  and the east line of said Chastain tract, a distance of 423.43 feet
  to a 1/2" iron pin found, said iron pin also being the southeast
  corner of said Aperion Tract Two;
  THENCE S 88°53'01" W along the south line of said Aperion Tract Two
  and the north line of said Chastain tract, a distance of 1193.21
  feet to a capped 1/2" iron pin found, said iron pin also being on the
  east line of a tract conveyed to Wayne Harris by deed recorded in
  Volume 976, Page 42 RPRDCT;
  THENCE N 00°35'15" W along the west line of said Aperion Tract Two
  and the east line of said Harris tract, the east line of a tract
  conveyed to John McCurry by deed recorded in Volume 971, Page 697
  RPRDCT, the east line of a tract conveyed to Samuel Haynes by deed
  recorded in Volume 962, Page 43 RPRDCT, and the east line of a tract
  conveyed to Howell Choate by deed recorded in Volume 924, Page 921
  RPRDCT, a distance of 2336.13 feet to a 1/2" iron pin found, said
  iron pin also being the southwest corner of a tract conveyed to The
  Pennington Family Trust by deed recorded in Volume 4833, Page 525
  RPRDCT;
  THENCE S 88°03'05" E along the north line of said Aperion Tract Two
  and the south line of said Pennington Family Trust tract recorded in
  Volume 4833, Page 525 RPRDCT, a distance of 977.84 feet to a capped
  1/2" iron pin previously set, said iron pin also being on the north
  line of Aperion Tract One-A;
  THENCE N 00°33'20" W, departing the south line of said Pennington
  Family Trust tract and the north line of said Aperion Tract One-A, a
  distance of 723.83 feet to a capped 1/2" iron pin previously set,
  said iron pin also being on the south right-of-way line of F.M. 407
  (90' R.O.W.);
  THENCE N 89°26'40" E, along the south right-of-way line of said F.M.
  407 and along the north line of said Pennington Family Trust tract,
  a distance of 170.00 feet to a capped 1/2" iron pin previously set;
  THENCE S 00°33'20" E, departing the south right-of-way line of said
  F.M. 407 and the north line of said Pennington Family Trust tract, a
  distance of 731.26 feet to a capped 1/2" iron pin previously set,
  said iron pin also being on the south line of said Pennington Family
  Trust tract and the north line of Aperion Tract One-A;
  THENCE S 88°03'05" E along the north line of said Aperion Tract One-A
  and the south line of said Pennington Family Trust tract, a distance
  of 42.05 feet to a 1/2" iron pin found, said iron pin also being on
  the north line of Aperion Tract One-A;
  THENCE N 89°00'24" E along the north line of said Aperion Tract
  One-A, the south line of said Pennington Family Trust tract
  recorded in Volume 4833, Page 525 RPRDCT and the south line of a
  tract conveyed to The Pennington Family Trust by deed recorded in
  Volume 4833, Page 521 RPRDCT, a distance of 1146.79 feet to a 1/2"
  iron pin found, said iron pin also being on the southerly
  right-of-way line of Farm-to-Market Road No. 407 (F.M. 407) (90'
  ROW);
  THENCE S 50°10'01" E along the north line of said Aperion Tract One-A
  and the southerly right-of-way line of F.M. 407, a distance of
  682.19 feet to a capped 1/2" iron pin set, said iron pin also being
  the Point of Curvature of a circular curve to the left having a
  radius of 617.96 feet, a central angle of 39°44'46" and being
  subtended by a chord which bears S 70°02'24" E , 420.13 feet;
  THENCE along said curve to the left and the north line of said
  Aperion Tract One-A and the southerly right-of-way line of F.M.
  407, a distance of 428.68 feet to a capped 1/2" iron pin set;
  THENCE S 89°54'47" E tangent to said curve and along the north line
  of said Aperion Tract One-A and the southerly right-of-way line of
  F.M. 407, a distance of 458.09 feet to a point on the east line of
  the City of Fort Worth ETJ line and the west line of the Town of
  Northlake ETJ line;
  THENCE S 00°00'00" W, departing the north line of said Aperion Tract
  One-A and the southerly right-of-way line of said F.M 407, along the
  east line of the City of Fort Worth ETJ line and along the west line
  of the Town of Northlake ETJ line, a distance of 2998.33 feet to a
  point on the north line of a tract conveyed to Patricia Malloy by
  deed recorded in Volume 769, Page 965 RPRDCT;
  THENCE S 88°57'42" W along the east line of said Aperion Tract One-A
  and the north line of the north line of said Patricia Malloy tract,
  a distance of 802.46 feet to a 5/8" iron pin found;
  THENCE S 00°10'33" E along the east line of said Aperion Tract One-A
  and the west line of said Patricia Malloy tract, a distance of
  3748.38 feet to a 5/8" iron pin found, said iron pin also being the
  northwest corner of Riggs Place, an addition to Denton County,
  Texas as recorded in Cabinet E, Page 359 PRDCT;
  THENCE S 00°17'37" E along the east line of said Aperion Tract One-A,
  the west line of said Riggs Place and the west line of a remainder
  tract conveyed to James Riggs, Jr., et ux Deborah, by deed recorded
  in Volume 870, Page 444 RPRDCT, a distance of 4211.11 feet to a 1/2"
  iron pin found, said iron pin also being in Sam Reynolds Road;
  THENCE N 89°56'15" E along the east line of said Aperion Tract One-A,
  the south line of said James Riggs, Jr. remainder tract, the south
  line of said Riggs Place, the south line of Sunflower Meadows, an
  addition to Denton County, Texas as recorded in Cabinet O, Page 122
  PRDCT, the south line of Sage Meadows, Phase One, an addition to
  Denton County, Texas as recorded in Cabinet M, Page 208 PRDCT; the
  south line of a tract conveyed to Locust Thorn, L.P., by deed
  recorded in Volume 4009, Page 321 RPRDCT, the south line of Foxbane
  Estates, an addition to Denton County, Texas as recorded in Cabinet
  H, Page 24 PRDCT and in Sam Reynolds Road, a distance of 3409.24
  feet to a capped 1/2" iron pin set, said iron pin also being the
  original northwest corner of Peyton Place, Phase One, an addition
  to Denton County, Texas as recorded in Cabinet M, Page 266 PRDCT;
  THENCE S 00°15'21" E along the east line of said Aperion Tract One-A,
  the west line of said Peyton Place, Phase One and the west line of
  Peyton Place, Phase Two, an addition to Denton County, Texas as
  recorded in Cabinet P, Page 50 PRDCT, a distance of 1482.19 feet to
  a 1/2" iron pin found, said iron pin also being the northeast corner
  of a tract conveyed to Rocksand Investments, LLLP by deed recorded
  in Instrument Number 2005-30851 RPRDCT;
  THENCE S 00°03'07" E along the east line of said Rocksand
  Investments tract, a distance of 503.35 feet to a 1/2" iron pin
  found, said iron pin also being on the northwesterly line of a tract
  conveyed to The Atchison, Topeka and Santa Fe Railway Company by
  deed recorded under County Clerk's File No. 93-R0020408 RPRDCT;
  said iron pin also being the Point of Curvature of a non-tangent
  circular curve to the left having a radius of 5829.65 feet, a
  central angle of 19°15'23" and being subtended by a chord which
  bears S 54°00'43" W, 1950.06 feet;
  THENCE along said curve to the left and the northwesterly line of
  said Atchison, Topeka and Santa Fe Railway Company tract, a
  distance of 1959.27 feet to a 1/2" iron pin found;
  THENCE S 44°23'02" W along the northwesterly line of said Atchison,
  Topeka and Santa Fe Railway Company tract, a distance of 27.66 feet
  to a 5/8" iron pin found;
  THENCE N 45°36'58" W along the northwesterly line of said Atchison,
  Topeka and Santa Fe Railway Company tract, a distance of 50.00 feet
  to a 5/8" iron pin found;
  THENCE S 44°23'02" W along the northwesterly line of said Atchison,
  Topeka and Santa Fe Railway Company tract, a distance of 1446.37
  feet to a 5/8" iron pin found, said iron pin being on the east line
  of said Aperion Tract One-A and the west line of said Rocksand
  Investments tract;
  THENCE N 00°07'20" W along the east line of said Aperion Tract One-A
  and the west line of said Rocksand Investments tract, a distance of
  857.55 feet to a capped 1/2" iron pin set;
  THENCE N 90°00'00" W, departing the east line of said Aperion Tract
  One-A and the west line of said Rocksand Investments tract, a
  distance of 773.31 feet to a capped 1/2" iron pin set;
  THENCE N 65°58'36" W, a distance of 1029.92 feet to a capped 1/2"
  iron pin set;
  THENCE N 44°08'03" W, a distance of 999.82 feet to a capped 1/2" iron
  pin set;
  THENCE N 52°34'22" W, a distance of 867.86 feet to a capped 1/2" iron
  pin set;
  THENCE N 86°14'27" W, a distance of 222.13 feet to the POINT OF
  BEGINNING and containing 59,787,842 square feet or 1372.540 acres
  of land, more or less.
  TRACT TWO
  BEING a 550.197 acre tract of land in the W.C. Brookfield Survey,
  Abstract No. 34, situated in Denton County, Texas and being that
  same tract of land as described in deeds recorded in Volume 5128,
  Page 3102 and Volume 5119, Page 715 of the Real Property Records of
  Denton County, Texas (RPRDCT) and being more particularly described
  as follows:
  BEGINNING at a point in the north line of F.M. 407 at the southeast
  corner of the herein described tract of land, said point lying in
  the west line of a tract of land as described in deed to Bill
  Pennington, recorded in Volume 572, Page 131, RPRDCT;
  THENCE along the north line of said F.M. 407, as follows:
  Northwesterly, along a curve to the left, having a radius point that
  bears S 18°06'28" W, 624.31 feet, an arc distance of 204.03 feet, a
  central angle of 18°43'31" and being subtended by a chord which
  bears N 81°15'18" W, 203.13 feet;
  S 89°22'57" W, a distance of 1876.49 feet;
  S 89°18'36" W, a distance of 1931.01 feet;
  THENCE N 00°04'03" W, departing the north line of said F.M. 407, a
  distance of 2834.59 feet;
  THENCE N 00°00'51" E, a distance of 1161.59 feet;
  THENCE N 00°04'13" E, a distance of 1244.99 feet to the northwest
  corner of the herein described tract of land;
  THENCE, being adjoined to the north by a tract of land as described
  in deed to Orville Rogers, recorded in Document No. 94-R0029773,
  RPRDCT, along the north line of the herein described tract of land,
  as follows:
  S 89°37'03" E, a distance of 5409.41 feet;
  S 00°32'35" W, a distance of 352.79 feet;
  N 89°46'56" E, a distance of 651.45 feet;
  THENCE S 00°44'37" E, being adjoined to the east by a tract of land
  as described in deed to Laura Carter Johnson, recorded in Volume
  3038, Page 713, RPRDCT, a distance of 1372.47 feet;
  THENCE N 85°16'40" W, a distance of 2099.00 feet;
  THENCE S 00°24'45" E, being adjoined to the east by the
  aforementioned Pennington tract, a distance of 3642.68 feet to the
  POINT OF BEGINNING and containing 550.197 acres, 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, the
  lieutenant governor, and the 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 are fulfilled
  and accomplished.
         SECTION 4.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3182 was passed by the House on May 9,
  2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3182 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor