H.B. No. 4752
 
 
 
 
AN ACT
  relating to the creation of the Prosper Management District No. 1;
  providing authority to impose a tax 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 3886 to read as follows:
  CHAPTER 3886. PROSPER MANAGEMENT DISTRICT NO. 1
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 3886.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Prosper Management District
  No. 1.
               (4)  "Improvement project" means any program or project
  authorized by Section 3886.103, inside or outside the district.
               (5)  "Town" means the Town of Prosper, Texas.
         Sec. 3886.002.  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. 3886.003.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
  The district is created to serve a public purpose 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, employees, potential 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.
         (h)  This chapter and the creation of the district may not be
  interpreted to relieve the town, Collin County, or Denton County
  from providing the level of services provided as of the effective
  date of the Act creating this chapter to the area in the district.  
  The district is created to supplement and not to supplant the town
  and county services provided in the district.
         Sec. 3886.004.  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 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 a tax; or
               (4)  legality or operation.
         Sec. 3886.005.  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 by the
  town under Chapter 311, Tax Code;
               (2)  a tax abatement reinvestment zone created by the
  town under Chapter 312, Tax Code; or
               (3)  an enterprise zone created by the town under
  Chapter 2303, Government Code.
         (b)  If the town creates a tax increment reinvestment zone,
  tax abatement reinvestment zone, or enterprise zone under
  Subsection (a), the town 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 the
  purposes described by Section 380.002(b), Local Government Code,
  for money granted to a corporation under that section, including
  the right to pledge the money as security for any bonds issued by
  the district for an improvement project.
  [Sections 3886.006-3886.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3886.051.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five directors.
         (b)  Directors serve staggered four-year terms, with the
  terms of two or three directors expiring on June 1 of each
  odd-numbered year.
         (c)  The governing body of the town, by a majority vote,
  shall appoint one member of the board.
         (d)  The board shall recommend to the governing body of the
  town persons to serve in the other four positions.  The board shall
  recommend to the governing body of the town the appropriate number
  of successor directors before the terms of directors appointed
  under this subsection expire.  After reviewing the recommendations,
  the governing body shall approve or disapprove the directors
  recommended by the board.  If the governing body is not satisfied
  with the recommendations submitted by the board, the board, on the
  request of the governing body, shall submit additional
  recommendations.
         (e)  Board members may serve successive terms.
         (f)  If any provision of Subsection (c), (d), or (e) is found
  to be invalid, the Texas Commission on Environmental Quality shall
  appoint the board from recommendations submitted by the preceding
  board.
         Sec. 3886.052.  ELIGIBILITY. Except for a director
  appointed as provided by Section 3886.051(c) or 3886.056(a), to be
  eligible to serve as a director a person must own land in the
  district. Section 49.052, Water Code, applies to the district.
         Sec. 3886.053.  VACANCY. (a) The remaining directors shall
  fill a vacancy on the board by appointing a person who is eligible
  under Section 3886.052.
         (b)  If there are fewer than three directors, the governing
  body of the town shall appoint the necessary number of directors to
  fill all board vacancies.
         Sec. 3886.054.  DIRECTOR'S OATH AND AFFIRMATION. A
  director's oath and affirmation of office shall be filed with the
  district, and the district shall retain the oath and affirmation in
  the district records.
         Sec. 3886.055.  OFFICERS. The board shall elect from among
  the directors a chair, a vice chair, and a secretary.
         Sec. 3886.056.  INITIAL DIRECTORS. (a) The governing body
  of the town shall appoint one initial director not later than the
  90th day after the effective date of the Act creating the district.
         (b)  On or after the effective date of the Act creating the
  district, the owner or owners of a majority of the assessed value of
  the real property in the district may submit a petition to the
  governing body of the town requesting that the governing body
  appoint as additional initial directors the four persons named in
  the petition.
         (c)  If a petition described by Subsection (b) is not
  submitted to the governing body of the town not later than the 30th
  day after the effective date of the Act creating the district, the
  governing body shall appoint as initial directors four additional
  persons eligible under Section 3886.052.
         (d)  The four initial directors named in the petition
  described by Subsection (b) or appointed under Subsection (c) shall
  draw lots to determine which two directors shall serve two-year
  terms and which two directors shall serve four-year terms.  The
  director appointed by the town under Subsection (a) shall serve a
  four-year term.
         (e)  This section expires September 1, 2013.
  [Sections 3886.057-3886.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3886.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3886.102.  MUNICIPAL MANAGEMENT DISTRICT POWERS AND
  DUTIES. (a) The district has the powers and duties provided by the
  general laws of this state, including Chapter 375, Local Government
  Code, as applicable to municipal management districts created under
  Sections 52 and 52-a, Article III, and Section 59, Article XVI,
  Texas Constitution.
         (b)  The district shall make available a district  water or
  wastewater facility to each person who holds a certificate of
  convenience and necessity under Chapter 13, Water Code, for land in
  the district.
         (c)  The district may not provide retail water or wastewater
  services.
         Sec. 3886.103.  IMPROVEMENT PROJECTS. (a) Subject to
  Sections 3886.102(b) and (c), the district may provide, or it may
  enter into contracts with a governmental or private entity to
  provide, the following types of improvement projects located in the
  district or activities in support of or incidental to those
  projects:
               (1)  a supply and distribution facility or system to
  provide potable and town-approved nonpotable water to the residents
  and businesses of the district, including a wastewater collection
  facility;
               (2)  a paved road, street, or turnpike, inside and
  outside the district, to the extent authorized by Section 52,
  Article III, Texas Constitution;
               (3)  the planning, design, construction, improvement,
  and maintenance of:
                     (A)  landscaping;
                     (B)  highway right-of-way or transit corridor
  beautification and improvement;
                     (C)  lighting, banners, and signs;
                     (D)  a street or sidewalk;
                     (E)  a hiking and cycling path or trail;
                     (F)  a pedestrian walkway, skywalk, crosswalk, or
  tunnel;
                     (G)  a park, lake, garden, recreational facility,
  sports facility, open space, scenic area, or related exhibit or
  preserve;
                     (H)  a fountain, plaza, or pedestrian mall; or
                     (I)  a drainage or storm-water detention
  improvement;
               (4)  protection and improvement of the quality of storm
  water that flows through the district;
               (5)  the planning, design, construction, improvement,
  maintenance, and operation of:
                     (A)  a water or sewer facility; or
                     (B)  an off-street parking facility or heliport;
               (6)  the planning and acquisition of:
                     (A)  public art and sculpture and related exhibits
  and facilities; or
                     (B)  an educational and cultural exhibit or
  facility;
               (7)  the planning, design, construction, acquisition,
  lease, rental, improvement, maintenance, installation, and
  management of and provision of furnishings for a facility for:
                     (A)  a conference, convention, or exhibition;
                     (B)  a manufacturer, consumer, or trade show;
                     (C)  a civic, community, or institutional event;
  or
                     (D)  an exhibit, display, attraction, special
  event, or seasonal or cultural celebration or holiday;
               (8)  the removal, razing, demolition, or clearing of
  land or improvements in connection with improvement projects;
               (9)  the acquisition and improvement of land or other
  property for the mitigation of the environmental effects of an
  improvement project;
               (10)  the acquisition of property or an interest in
  property in connection with an authorized improvement project;
               (11)  a special or supplemental service for the
  improvement and promotion of the district or an area adjacent to the
  district or for the protection of public health and safety in or
  adjacent to the district, including:
                     (A)  advertising;
                     (B)  promotion;
                     (C)  tourism;
                     (D)  health and sanitation;
                     (E)  public safety;
                     (F)  security;
                     (G)  fire protection or emergency medical
  services;
                     (H)  business recruitment;
                     (I)  development;
                     (J)  elimination of traffic congestion; and
                     (K)  recreational, educational, or cultural
  improvements, enhancements, and services; or
               (12)  any similar public improvement, facility, or
  service.
         (b)  Subject to Section 3886.104, the district may not
  undertake an improvement project under this section unless the
  board determines the project to be necessary to accomplish a public
  purpose of the district.
         (c)  An improvement project must comply with any applicable
  town requirements, including codes and ordinances and any planned
  development ordinance applicable to land in the district.
         (d)  The district may not provide, conduct, or authorize an
  improvement project on the town streets, highways, rights-of-way,
  or easements without the consent of the governing body of the town.
         (e)  Subject to an agreement between the district and the
  town, the town may:
               (1)  by ordinance, order, or resolution require that
  title to all or any portion of an improvement project vest in the
  town; or
               (2)  by ordinance, order, resolution, or other
  directive, authorize the district to own, encumber, maintain, and
  operate an improvement project, subject to the right of the town to
  order a conveyance of the improvement project to the town on a date
  determined by the town, provided, however, that if an improvement
  project is conveyed to the town, the improvement project will
  continue to be used to serve land in the district.
         (f)  The district shall immediately comply with any town
  ordinance, order, or resolution adopted under Subsection (e).
         (g)  For the purposes of this section, planning, design,
  construction, improvement, and maintenance of a lake includes work
  done for drainage, reclamation, or recreation.
         Sec. 3886.104.  PROJECT DEVELOPMENT AGREEMENT
  REQUIRED.  Before the district may issue bonds, impose taxes, or
  borrow money, the district and the town must negotiate and execute a
  mutually approved and accepted interlocal project development
  agreement regarding the district's development plans and rules for:
               (1)  the development and operation of the district; and
               (2)  the financing of improvement projects.
         Sec. 3886.105.  GENERAL POWERS REGARDING CONTRACTS. (a)
  The district may:
               (1)  contract with any person to accomplish any
  district purpose, including a contract for:
                     (A)  the payment, repayment, or reimbursement of
  costs incurred by that person on behalf of the district, including
  all or part of the costs of any improvement project and interest on
  the reimbursed cost; or
                     (B)  the use, occupancy, lease, rental,
  operation, maintenance, or management of all or part of a proposed
  or existing improvement project; and
               (2)  apply for and contract with any person to receive,
  administer, and perform a duty or obligation of the district under a
  federal, state, local, or private gift, grant, loan, conveyance,
  transfer, bequest, or other financial assistance arrangement
  relating to the investigation, planning, analysis, study, design,
  acquisition, construction, improvement, completion,
  implementation, or operation by the district or others of a
  proposed or existing improvement project.
         (b)  A contract the district enters into to carry out a
  purpose of this chapter may be on any terms and for any period the
  board determines, including a negotiable or nonnegotiable note or
  warrant payable to the town, Collin County, Denton County, or any
  other person.
         (c)  Any person may contract with the district to carry out
  the purposes of this chapter without further statutory or other
  authorization.
         (d)  The governing body of the town must approve a contract
  payable from ad valorem taxes for a period longer than one year.
         Sec. 3886.106.  RULES; ENFORCEMENT. (a) The district may
  adopt rules:
               (1)  to administer or operate the district;
               (2)  for the use, enjoyment, availability, protection,
  security, and maintenance of the district's property and
  facilities; or
               (3)  to provide for public safety and security in the
  district.
         (b)  The district may enforce its rules by injunctive relief.
         (c)  To the extent a district rule conflicts with a town
  rule, order, or regulation, the town rule, order, or regulation
  controls.
         Sec. 3886.107.  NAME CHANGE. The board by resolution may
  change the district's name. The board shall give written notice of
  the change to the town.
         Sec. 3886.108.  ADDING OR REMOVING TERRITORY. The board may
  add or remove territory under Subchapter J, Chapter 49, Water Code,
  and Section 54.016, Water Code, except that:
               (1)  the addition or removal of the territory must be
  approved by:
                     (A)  the governing body of the town; and
                     (B)  the owners of the territory being added or
  removed;
               (2)  a reference to a tax in Subchapter J, Chapter 49,
  Water Code, or Section 54.016, Water Code, means an ad valorem tax;
  and
               (3)  territory may not be removed from the district if
  bonds or other obligations of the district payable wholly or partly
  from ad valorem taxes on the territory are outstanding.
         Sec. 3886.109.  ECONOMIC DEVELOPMENT. The district may
  create economic development programs and exercise the economic
  development powers that Chapter 1509, Government Code, provides for
  a municipality.
         Sec. 3886.110.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         Sec. 3886.111.  TERMS OF EMPLOYMENT; COMPENSATION. The
  board may employ and establish the terms of employment and
  compensation of an executive director or general manager and any
  other district employees the board considers necessary.
  [Sections 3886.112-3886.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 3886.151.  ELECTIONS REGARDING TAXES OR BONDS. (a) The
  district may issue, without an election, bonds and other
  obligations secured by revenue or contract payments from any source
  other than ad valorem taxes.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 54, Water Code, to obtain voter approval
  before the district may impose an ad valorem tax or issue bonds
  payable from ad valorem taxes.
         (c)  The district may not issue bonds payable from ad valorem
  taxes to finance a road project unless the issuance is approved by a
  vote of a two-thirds majority of the district voters voting at an
  election held for that purpose.
         Sec. 3886.152.  BORROWING MONEY. The district may borrow
  money for a district purpose by issuing or executing bonds, notes,
  credit agreements, or other obligations of any kind found by the
  board to be necessary or appropriate for a district purpose. A
  note, bond, credit agreement, or other obligation must be secured
  by and payable from ad valorem taxes, assessments, or any other
  district revenue.
         Sec. 3886.153.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held under Section 3886.151, the district
  may impose an operation and maintenance tax on taxable property in
  the district in accordance with Section 49.107, Water Code.
         (b)  Except as provided by Subsection (c), the district may
  impose the tax for operation and maintenance purposes, including
  for:
               (1)  planning, constructing, acquiring, maintaining,
  repairing, and operating all improvement projects, including land,
  plants, works, facilities, improvements, appliances, and equipment
  of the district; and
               (2)  paying costs of services, engineering and legal
  fees, and organization and administrative expenses.
         (c)  The district may not impose an operation and maintenance
  tax unless the maximum rate of the tax is approved by the governing
  body of the town and a majority of the voters of the district voting
  at an election held for that purpose. If the maximum tax rate is
  approved, the board may impose the tax at any rate that does not
  exceed the approved rate.
         (d)  An operation and maintenance tax election may be held at
  the same time and in conjunction with any other district election.
  The election may be called by a separate election order or as part
  of any other election order.
         Sec. 3886.154.  CONTRACT TAXES. (a) In accordance with
  Section 49.108, Water Code, the district may make payments under a
  contract from taxes other than operation and maintenance taxes
  after the provisions of the contract have been approved by a
  majority of the district voters voting at an election held for that
  purpose.
         (b)  A contract approved by the district voters may contain a
  provision stating that the contract may be modified or amended by
  the board without further voter approval.
  [Sections 3886.155-3886.200 reserved for expansion]
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 3886.201.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS. The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, contract payments, grants, sales and use taxes, revenue
  from a zone created under Chapter 311 or 312, Tax Code, or Chapter
  2303, Government Code, other district money, or any combination of
  those sources, to pay for any authorized district purpose.
         Sec. 3886.202.  TAXES FOR BONDS. (a) At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of an ad valorem tax,
  without limit as to rate or amount, as required by Section 54.601,
  Water Code.
         (b)  The board shall annually impose the tax while all or
  part of the bonds are outstanding. Sections 54.601 and 54.602,
  Water Code, govern the amount and rate of the tax.
         (c)  The district annually shall impose the tax on all
  taxable property in the district in an amount sufficient to:
               (1)  pay the interest on the bonds or other obligations
  as the interest becomes due;
               (2)  create a sinking fund for the payment of the
  principal of the bonds or other obligations when due or the
  redemption price at any earlier required redemption date; and
               (3)  pay the expenses of imposing the tax.
         (d)  The district may not issue bonds or other obligations
  that are secured by and payable from ad valorem taxes unless the
  bonds and the imposition of taxes are approved by:
               (1)  a majority of the district voters voting at an
  election for that purpose; and
               (2)  the governing body of the town.
         (e)  The district shall hold an election required by this
  section in the manner provided by Chapter 54, Water Code.
         Sec. 3886.203.  BOND ISSUANCE PLAN REQUIRED BEFORE ISSUING
  BONDS. The district may not issue bonds until the governing body of
  the town approves a bond issuance plan authorizing and prescribing
  the limitations on the issuance of the bonds.
         Sec. 3886.204.  BOND MATURITY. Bonds must mature not more
  than 40 years from their date of issuance.
         Sec. 3886.205.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of bonds or other obligations
  issued or incurred to finance road projects may not exceed
  one-fourth of the assessed value of the real property in the
  district.
  [Sections 3886.206-3886.250 reserved for expansion]
  SUBCHAPTER F. DISSOLUTION
         Sec. 3886.251.  DISSOLUTION BY TOWN ORDINANCE. (a) The town
  by ordinance may dissolve the district.
         (b)  The town may not dissolve the district until the
  district's outstanding indebtedness or contractual obligations
  that are payable from ad valorem taxes have been repaid or
  discharged.
         (c)  The town may not dissolve the district until the
  agreement under Section 3886.104 has been executed and the
  district's performance under the agreement has been fulfilled,
  including any right or obligation the district has to reimburse a
  developer or owner for the costs of improvement projects.
         (d)  The town may not dissolve the district before December
  31, 2016.
         Sec. 3886.252.  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 ad valorem taxes, the town shall succeed to the
  rights and obligations of the district regarding enforcement and
  collection of the assessments or other revenue.
         (b)  The town 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 town to refund the outstanding bonds or
  obligations.
         Sec. 3886.253.  ASSUMPTION OF ASSETS AND LIABILITIES. (a)
  After the town dissolves the district, the town assumes the
  obligations of the district, including any bonds or other
  indebtedness payable from assessments or other district revenue.
         (b)  If the town dissolves the district, the board shall
  transfer ownership of all district property to the town.
         SECTION 2.  The Prosper Management District No. 1 initially
  includes all the territory contained in the following area:
         BEING a tract of land out of the C. SMITH SURVEY, Abstract No.
  1681, the J. BATES SURVEY, Abstract No. 1620, the L. SALING SURVEY,
  Abstract No. 1675, the H.P. SALING SURVEY, Abstract No. 1628, the
  M.E.P. & P.R.R. SURVEY, Abstract No. 1476, the P. BARNES SURVEY,
  Abstract No. 79, the B. HADGES SURVEY, Abstract No. 593, the A.B.
  JAMISON SURVEY, Abstract No. 672, and the J. MORTON SURVEY,
  Abstract No. 793, in Denton County, Texas, and being part of the
  tract of land described in deed to Mahard 2003 Partnership, L.P.
  recorded in Denton County Clerk's File No. 2004-0014698 of the Real
  Property Records of Denton County, Texas, being all of the tract of
  land described in deed to Mahard Egg Farm, Inc. recorded in Volume
  1936, Page 145 of the Real Property Records of Denton County, Texas,
  being part of the tract of land described in deed to Mahard Egg
  Farm, Inc. recorded in Volume 1332, Page 176 of the Real Property
  Records of Denton County, Texas, being all of the tracts of land
  described in deed to Forest City Prosper, L.P. recorded in Denton
  County Clerk's File No. 2007-144196 and 2008-9958 of the Real
  Property Records of Denton County, Texas, being all of the tracts of
  land described in deed to Richard J. Bontke and Nathan P. Bontke
  recorded in Denton County Clerk's File No. 2007-144901 and
  2009-10359 of the Real Property Records of Denton County, Texas,
  and being more particularly described as follows:
         BEGINNING at a TXDOT monument found in the north right-of-way
  line of U.S. Highway No. 380, said monument being the northeast
  corner of a tract of land described in deed to the State of Texas
  recorded in Volume 4769, Page 1768 of the Real Property Records of
  Denton County, Texas;
         THENCE with said north right-of-way line, the following
  courses and distances to wit:
         South 88°35'51" West, a distance of 3483.13 feet to a TXDOT
  monument found;
         North 46°16'16" West, a distance of 113.97 feet to a point in
  the west line of Good Hope Road (no dedication recordation found);
         South 44°02'02" West, a distance of 114.30 feet to a TXDOT
  monument found;
         South 88°35'51" West, a distance of 2062.12 feet to a 5/8"
  iron rod set for corner;
         South 88°50'58" West, a distance of 100.00 feet to a 5/8" iron
  rod set for corner;
         South 89°09'27" West, a distance of 22.39 feet to a 5/8" iron
  rod set for corner;
         North 45°50'38" West, a distance of 111.42 feet to a pk nail
  set in the centerline of Gee Road (no dedication recordation
  found);
         THENCE with said centerline, North 00°01'02" West, a distance
  of 1114.87 feet to a pk nail set;
         THENCE with the easterly most north line of a 106.26 acre
  tract of land described in deed to Judy Gee recorded in Volume 3130,
  Page 794 of the Real Property Records of Denton County, Texas, part
  of the way, South 89°33'35" West, a distance of 1098.63 feet to a
  fence corner found;
         THENCE along a fence, North 12°40'03" East, a distance of
  2150.51 feet to a fence corner found for the northwest corner of a
  5.34 acre tract of land described in deed to Mahard Egg Farm, Inc.
  recorded in Volume 1936, Page 145 of the Real Property Records of
  Denton County, Texas;
         THENCE the following courses and distances to wit:
         North 88°30'03" West, a distance of 451.90 feet to a 5/8" iron
  rod set for corner;
         North 59°57'10" West, a distance of 66.21 feet to a 5/8" iron
  rod set for corner;
         North 27°15'28" West, a distance of 207.89 feet to a 5/8" iron
  rod set for corner;
         South 79°58'04" West, a distance of 116.69 feet to a 5/8" iron
  rod set for corner;
         South 17°11'21" West, a distance of 12.96 feet to a 5/8" iron
  rod set for corner;
         North 65°16'52" West, a distance of 66.04 feet to a 5/8" iron
  rod set for the northerly most corner of said 106.26 acre tract;
         THENCE with the west lines of said 106.26 acre tract, the
  following courses and distances to wit:
         South 31°55'38" West, a distance of 494.24 feet to a 5/8" iron
  rod set for corner;
         South 57°52'02" East, a distance of 601.93 feet to a Corp of
  Engineers monument found;
         South 31°24'02" West, a distance of 1854.30 feet to a Corp of
  Engineers monument found;
         South 31°27'22" West, a distance of 302.61 feet to a 5/8" iron
  rod set for the northeast corner of a 0.78 acre tract of land
  described in deed to the City of Irving recorded in Volume 4871,
  Page 5128 of the Real Property Records of Denton County, Texas;
         THENCE the lines of said 0.78 acre tract, the following
  courses and distances to wit:
         North 73°29'41" West, a distance of 241.29 feet to a 1/2" iron
  rod found for corner;
         South 21°58'41" West, a distance of 181.00 feet to a 5/8" iron
  rod set for corner;
         South 73°29'27" East, a distance of 67.00 feet to a 5/8" iron
  rod set for corner;
         North 22°20'38" East, a distance of 41.52 feet to a 5/8" iron
  rod set for corner;
         South 75°57'16" East, a distance of 152.12 feet to a 1/2" iron
  rod found in the west line of said 106.26 acre tract;
         THENCE with said west line and along a fence part of the way,
  South 31°27'22" West, a distance of 877.59 feet to a 5/8" iron rod
  set for corner in the north right-of-way line of said U.S. Highway
  No. 380
         THENCE with said north right-of-way line, North 88°48'55"
  West, a distance of 587.44 feet to a 5/8" iron rod set for the
  southeast corner of a 61.2 acre tract of land described in deed to
  M. Taylor Hansel recorded in Denton County Clerk's File No.
  94-R0091793 of the Real Property Records of Denton County, Texas;
         THENCE with the east lines of said Hansel tract, the
  following courses and distances to wit:
         North 08°56'01" East, a distance of 240.78 feet to a 5/8" iron
  rod set for corner;
         North 55°59'01" East, a distance of 132.20 feet to a 5/8" iron
  rod set for corner;
         South 20°18'01" West, a distance of 155.70 feet to a 5/8" iron
  rod set for corner;
         South 80°49'59" East, a distance of 88.40 feet to a 5/8" iron
  rod set for corner;
         North 45°13'01" East, a distance of 261.10 feet to a 5/8" iron
  rod set for corner;
         South 62°15'59" East, a distance of 216.20 feet to a 5/8" iron
  rod set for corner;
         North 15°04'01" East, a distance of 184.70 feet to a 5/8" iron
  rod set for corner;
         North 56°01'01" East, a distance of 183.40 feet to a 5/8" iron
  rod set for corner;
         North 18°07'01" East, a distance of 197.90 feet to a 5/8" iron
  rod set for corner;
         North 73°19'59" West, a distance of 688.80 feet to a Corp of
  Engineers monument found for the southeast corner of a 107.57 acre
  tract of land described in deed to Fish Trap Properties, Ltd.,
  recorded in Volume 4626, Page 2922 of the Real Property Records of
  Denton County, Texas;
         THENCE with the east lines of said 107.57 acre tract, the
  following courses and distances to wit:
         North 29°02'03" East, a distance of 67.81 feet to a 5/8" iron
  rod set for corner;
         North 22°04'26" East, a distance of 710.31 feet to a Corp of
  Engineers monument found;
         North 33°00'31" East, a distance of 221.33 feet to a Corp of
  Engineers monument found;
         North 58°30'15" West, a distance of 249.63 feet to a Corp of
  Engineers monument found for the southeast corner of a 43.07 acre
  tract of land described in deed to Billy Jeter recorded in Volume
  2125, Page 729 of the Real Property Records of Denton County, Texas;
         THENCE with the east lines of said 43.07 acre tract, the
  following courses and distances to wit:
         North 07°55'24" East, a distance of 669.72 feet to a 5/8" iron
  rod set for corner;
         South 75°24'16" East, a distance of 402.59 feet to a Corp of
  Engineers monument found;
         North 19°28'37" West, a distance of 739.75 feet to a Corp of
  Engineers monument found;
         North 35°34'01" East, a distance of 531.05 feet to a Corp of
  Engineers monument found;
         North 02°04'22" West, a distance of 172.83 feet to a fence
  post found in the south line of a 57.55 acre tract of land described
  in deed to G&S Landscaping recorded in Volume 5114, Page 1398 of the
  Real Property Records of Denton County, Texas;
         THENCE with said south line, South 77°28'43" East, a distance
  of 553.04 feet to a Corp of Engineers monument found;
         THENCE with the east line of said 57.55 acre tract and the
  east line of two tracts of land described in deed to Mary Weber
  recorded in Denton County Clerk's File No. 94-R0031655 of the Real
  Property Records of Denton County, Texas, the following courses and
  distances to wit:
         North 01°07'34" East, a distance of 278.92 feet to a 5/8" iron
  rod found;
         North 01°04'49" East, a distance of 30.01 feet to the
  Centerline of Fishtrap Road (no dedication recordation found) for
  corner;
         THENCE along said centerline, the following courses and
  distances to wit:
         South 88°36'42" East, a distance of 398.70 feet to a point for
  corner;
         South 86°31'27" East, a distance of 681.51 feet to a point for
  corner;
         South 84°57'13" East, a distance of 292.72 feet to a point for
  corner;
         South 86°02'50" East, a distance of 1675.46 feet to a point
  for corner;
         South 87°19'45" East, a distance of 207.56 feet to a point for
  corner;
         North 89°20'49" East, a distance of 1052.20 feet to a point
  for corner in the centerline of Fishtrap Road and the northwest
  corner of a tract of land described in deed to Judy Reeves ;
         THENCE with the west line of said Reeves tract, South
  00°08'13" East, a distance of 231.70 feet to a 5/8" iron rod set for
  corner;
         THENCE with the south line of said Reeves tract, North
  89°14'55" East, a distance of 940.90 feet to a 5/8" iron rod set for
  corner;
         THENCE with the east line of said Reeves tract, North
  00°40'52" West, a distance of 234.76 point in the centerline of said
  Fish Trap Road;
         THENCE along the centerline of said FishTrap Road, North
  89°04'04" East, a distance of 2699.77 feet to a point for corner in
  the centerline of Fields Road;
         THENCE along said centerline, the following courses and
  distances to wit:
         South 00°06'17" East, a distance of 1284.05 feet to a 5/8"
  iron rod set for corner;
         South 00°06'37" West, a distance of 1042.41 feet to a 5/8"
  iron rod set for corner;
         THENCE leaving the centerline of said Fields Road, South
  89°11'26" West, a distance of 21.20 feet to a 5/8" iron rod set in
  the west line of said Field Road;
         THENCE with said west line, the following courses and
  distances to wit:
         South 00°00'27" West, a distance of 1396.62 feet to a fence
  corner;
         South 41°23'46" West, a distance of 87.55 feet to the POINT OF
  BEGINNING and containing 674.916 acres of land.
         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, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4752 was passed by the House on May
  15, 2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4752 was passed by the Senate on May
  27, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor