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          AN ACT
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        relating to the powers and duties of the Gunter Municipal Utility  | 
      
      
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        Districts Nos. 1 and 2 and to the creation of the Mustang Ranch  | 
      
      
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        Municipal Management District No. 1 and the Case Creek Municipal  | 
      
      
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        Utility District No. 1 of Grayson County; providing authority to  | 
      
      
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        impose a tax, levy an assessment, and issue bonds; granting a  | 
      
      
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        limited power of eminent domain. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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        ARTICLE 1.  GUNTER MUNICIPAL UTILITY DISTRICTS NOS. 1 AND 2 | 
      
      
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               SECTION 1.01.  Subchapter C, Chapter 8238, Special District  | 
      
      
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        Local Laws Code, is amended by adding Section 8238.104 to read as  | 
      
      
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        follows: | 
      
      
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               Sec. 8238.104.  NO ALLOCATION AGREEMENT.  Section 54.016(f),  | 
      
      
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        Water Code, does not apply to the district. | 
      
      
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               SECTION 1.02.  Chapter 8238, Special District Local Laws  | 
      
      
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        Code, is amended by adding Subchapter C-1 to read as follows: | 
      
      
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        SUBCHAPTER C-1.  DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS | 
      
      
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               Sec. 8238.131.  DIVISION OF DISTRICT; PREREQUISITES.  The  | 
      
      
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        district may be divided into two or more new districts only if the  | 
      
      
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        district: | 
      
      
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                     (1)  has no outstanding bonded debt; and | 
      
      
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                     (2)  is not imposing ad valorem taxes. | 
      
      
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               Sec. 8238.132.  LAW APPLICABLE TO NEW DISTRICT.  This  | 
      
      
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        chapter applies to any new district created by division of the  | 
      
      
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        district, and a new district has all the powers and duties of the  | 
      
      
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        district. | 
      
      
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               Sec. 8238.133.  LIMITATION ON AREA OF NEW DISTRICT.  A new  | 
      
      
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        district created by the division of the district may not, at the  | 
      
      
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        time the new district is created, contain any land outside the area  | 
      
      
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        described by Section 2, Chapter 966, Acts of the 80th Legislature,  | 
      
      
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        Regular Session, 2007. | 
      
      
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               Sec. 8238.134.  DIVISION PROCEDURES.  (a)  The board, on its  | 
      
      
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        own motion or on receipt of a petition signed by the owner or owners  | 
      
      
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        of a majority of the assessed value of the real property in the  | 
      
      
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        district, may adopt an order dividing the district. | 
      
      
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               (b)  The board may adopt an order dividing the district  | 
      
      
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        before or after the date the board holds an election under Section  | 
      
      
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        8238.003 to confirm the district's creation. | 
      
      
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               (c)  An order dividing the district must: | 
      
      
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                     (1)  name each new district; | 
      
      
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                     (2)  include the metes and bounds description of the  | 
      
      
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        territory of each new district; | 
      
      
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                     (3)  appoint temporary directors for each new district;  | 
      
      
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        and | 
      
      
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                     (4)  provide for the division of assets and liabilities  | 
      
      
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        between the new districts. | 
      
      
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               (d)  On or before the 30th day after the date of adoption of  | 
      
      
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        an order dividing the district, the district shall file the order  | 
      
      
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        with the Texas Commission on Environmental Quality and record the  | 
      
      
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        order in the real property records of each county in which the  | 
      
      
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        district is located. | 
      
      
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               Sec. 8238.135.  CONFIRMATION ELECTION FOR NEW DISTRICT.  (a)   | 
      
      
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        A new district created by the division of the district shall hold a  | 
      
      
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        confirmation and directors' election as required by Section  | 
      
      
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        8238.003. | 
      
      
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               (b)  If the creation of the new district is confirmed, the  | 
      
      
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        new district shall provide the election date and results to the  | 
      
      
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        Texas Commission on Environmental Quality. | 
      
      
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               Sec. 8238.136.  MUNICIPAL CONSENT.  Municipal consent to the  | 
      
      
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        creation of the district and to the inclusion of land in the  | 
      
      
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        district granted under Section 8238.054 acts as municipal consent  | 
      
      
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        to the creation of any new district created by the division of the  | 
      
      
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        district and to the inclusion of land in the new district. | 
      
      
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               Sec. 8238.137.  TAX OR BOND ELECTION.  Before a new district  | 
      
      
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        created by the division of the district may impose a maintenance tax  | 
      
      
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        or issue bonds payable wholly or partly from ad valorem taxes, the  | 
      
      
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        new district must hold an election as required by this chapter to  | 
      
      
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        obtain voter approval. | 
      
      
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               SECTION 1.03.  Subchapter C, Chapter 8239, Special District  | 
      
      
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        Local Laws Code, is amended by adding Section 8239.104 to read as  | 
      
      
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        follows: | 
      
      
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               Sec. 8239.104.  NO ALLOCATION AGREEMENT.  Section 54.016(f),  | 
      
      
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        Water Code, does not apply to the district. | 
      
      
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               SECTION 1.04.  Chapter 8239, Special District Local Laws  | 
      
      
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        Code, is amended by adding Subchapter C-1 to read as follows: | 
      
      
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        SUBCHAPTER C-1.  DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS | 
      
      
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               Sec. 8239.131.  DIVISION OF DISTRICT; PREREQUISITES.  The  | 
      
      
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        district may be divided into two or more new districts only if the  | 
      
      
        | 
           
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        district: | 
      
      
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                     (1)  has no outstanding bonded debt; and | 
      
      
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                     (2)  is not imposing ad valorem taxes. | 
      
      
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               Sec. 8239.132.  LAW APPLICABLE TO NEW DISTRICT.  This  | 
      
      
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        chapter applies to any new district created by division of the  | 
      
      
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        district, and a new district has all the powers and duties of the  | 
      
      
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        district. | 
      
      
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               Sec. 8239.133.  LIMITATION ON AREA OF NEW DISTRICT.  A new  | 
      
      
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        district created by the division of the district may not, at the  | 
      
      
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        time the new district is created, contain any land outside the area  | 
      
      
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        described by Section 2, Chapter 1138, Acts of the 80th Legislature,  | 
      
      
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        Regular Session, 2007. | 
      
      
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               Sec. 8239.134.  DIVISION PROCEDURES.  (a)  The board, on its  | 
      
      
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        own motion or on receipt of a petition signed by the owner or owners  | 
      
      
        | 
           
			 | 
        of a majority of the assessed value of the real property in the  | 
      
      
        | 
           
			 | 
        district, may adopt an order dividing the district. | 
      
      
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               (b)  The board may adopt an order dividing the district  | 
      
      
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			 | 
        before or after the date the board holds an election under Section  | 
      
      
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        8239.003 to confirm the district's creation. | 
      
      
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               (c)  An order dividing the district must: | 
      
      
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                     (1)  name each new district; | 
      
      
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                     (2)  include the metes and bounds description of the  | 
      
      
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        territory of each new district; | 
      
      
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                     (3)  appoint temporary directors for each new district;  | 
      
      
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        and | 
      
      
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                     (4)  provide for the division of assets and liabilities  | 
      
      
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        between the new districts. | 
      
      
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               (d)  On or before the 30th day after the date of adoption of  | 
      
      
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			 | 
        an order dividing the district, the district shall file the order  | 
      
      
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        with the Texas Commission on Environmental Quality and record the  | 
      
      
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        order in the real property records of each county in which the  | 
      
      
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        district is located. | 
      
      
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               Sec. 8239.135.  CONFIRMATION ELECTION FOR NEW DISTRICT.  (a)   | 
      
      
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        A new district created by the division of the district shall hold a  | 
      
      
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			 | 
        confirmation and directors' election as required by Section  | 
      
      
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        8239.003. | 
      
      
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               (b)  If the creation of the new district is confirmed, the  | 
      
      
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        new district shall provide the election date and results to the  | 
      
      
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        Texas Commission on Environmental Quality. | 
      
      
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               Sec. 8239.136.  MUNICIPAL CONSENT.  Municipal consent to the  | 
      
      
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        creation of the district and to the inclusion of land in the  | 
      
      
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			 | 
        district granted under Section 8239.054 acts as municipal consent  | 
      
      
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        to the creation of any new district created by the division of the  | 
      
      
        | 
           
			 | 
        district and to the inclusion of land in the new district. | 
      
      
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               Sec. 8239.137.  TAX OR BOND ELECTION.  Before a new district  | 
      
      
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        created by the division of the district may impose a maintenance tax  | 
      
      
        | 
           
			 | 
        or issue bonds payable wholly or partly from ad valorem taxes, the  | 
      
      
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        new district must hold an election as required by this chapter to  | 
      
      
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        obtain voter approval. | 
      
      
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               SECTION 1.05.  (a)  The legal notice of the intention to  | 
      
      
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        introduce this article, setting forth the general substance of this  | 
      
      
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        article, has been published as provided by law, and the notice and a  | 
      
      
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        copy of this article have been furnished to all persons, agencies,  | 
      
      
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        officials, or entities to which they are required to be furnished  | 
      
      
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        under Section 59, Article XVI, Texas Constitution, and Chapter 313,  | 
      
      
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        Government Code. | 
      
      
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               (b)  The governor, one of the required recipients, has  | 
      
      
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        submitted the notice and article to the Texas Commission on  | 
      
      
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        Environmental Quality. | 
      
      
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               (c)  The Texas Commission on Environmental Quality has filed  | 
      
      
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        its recommendations relating to this article with the governor, the  | 
      
      
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        lieutenant governor, and the speaker of the house of  | 
      
      
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        representatives within the required time. | 
      
      
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               (d)  All requirements of the constitution and laws of this  | 
      
      
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        state and the rules and procedures of the legislature with respect  | 
      
      
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        to the notice, introduction, and passage of this article are  | 
      
      
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        fulfilled and accomplished. | 
      
      
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               SECTION 1.06.  This article takes effect September 1, 2011. | 
      
      
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        ARTICLE 2.  MUSTANG RANCH MUNICIPAL MANAGEMENT DISTRICT NO. 1 | 
      
      
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               SECTION 2.01.  Subtitle C, Title 4, Special District Local  | 
      
      
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        Laws Code, is amended by adding Chapter 3885 to read as follows: | 
      
      
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        CHAPTER 3885.  MUSTANG RANCH MUNICIPAL MANAGEMENT DISTRICT NO. 1 | 
      
      
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        SUBCHAPTER A.  GENERAL PROVISIONS | 
      
      
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               Sec. 3885.001.  DEFINITIONS.  In this chapter: | 
      
      
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                     (1)  "Board" means the district's board of directors. | 
      
      
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                     (2)  "City" means the City of Celina, Texas. | 
      
      
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                     (3)  "County" means Collin County, Texas. | 
      
      
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                     (4)  "Development agreement" means the development  | 
      
      
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        agreement between the city and Celina 682 Partners, L.P., initially  | 
      
      
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        effective June 11, 2007. | 
      
      
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                     (5)  "Director" means a board member. | 
      
      
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                     (6)  "District" means the Mustang Ranch Municipal  | 
      
      
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        Management District No. 1. | 
      
      
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               Sec. 3885.002.  CREATION AND NATURE OF DISTRICT.  The  | 
      
      
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        district is a special district created under Sections 52 and 52-a,  | 
      
      
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        Article III, and Section 59, Article XVI, Texas Constitution. | 
      
      
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               Sec. 3885.003.  PURPOSE; LEGISLATIVE FINDINGS.  (a)  The  | 
      
      
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        creation of the district is essential to accomplish the purposes of  | 
      
      
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        Sections 52 and 52-a, Article III, and Section 59, Article XVI,  | 
      
      
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        Texas Constitution, and other public purposes stated in this  | 
      
      
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        chapter.  By creating the district and in authorizing the city and  | 
      
      
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        other political subdivisions to contract with the district, the  | 
      
      
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        legislature has established a program to accomplish the public  | 
      
      
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        purposes set out in Section 52-a, Article III, Texas Constitution. | 
      
      
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               (b)  The creation of the district is necessary to promote,  | 
      
      
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        develop, encourage, and maintain employment, commerce,  | 
      
      
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        transportation, housing, tourism, recreation, the arts,  | 
      
      
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        entertainment, economic development, safety, and the public  | 
      
      
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        welfare in the district. | 
      
      
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               (c)  This chapter and the creation of the district may not be  | 
      
      
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        interpreted to relieve the city or county from providing the level  | 
      
      
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        of services provided to the area in the district as of the effective  | 
      
      
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        date of the article of the Act enacting this chapter.  The district  | 
      
      
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        is created to supplement and not to supplant the city and county  | 
      
      
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        services provided in the district. | 
      
      
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               Sec. 3885.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)   | 
      
      
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        The district is created to serve a public use and benefit. | 
      
      
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               (b)  All land and other property included in the district  | 
      
      
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        will benefit from the improvements and services to be provided by  | 
      
      
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        the district under powers conferred by Sections 52 and 52-a,  | 
      
      
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        Article III, and Section 59, Article XVI, Texas Constitution, and  | 
      
      
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        other powers granted under this chapter. | 
      
      
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               (c)  The district is created to accomplish the purposes of a  | 
      
      
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        municipal management district as provided by general law and  | 
      
      
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        Sections 52 and 52-a, Article III, and Section 59, Article XVI,  | 
      
      
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			 | 
        Texas Constitution. | 
      
      
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               (d)  The creation of the district is in the public interest   | 
      
      
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        and is essential to: | 
      
      
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                     (1)  further the public purposes of developing and  | 
      
      
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			 | 
        diversifying the economy of the state; | 
      
      
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                     (2)  eliminate unemployment and underemployment; and | 
      
      
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                     (3)  develop or expand transportation and commerce. | 
      
      
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               (e)  The district will: | 
      
      
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                     (1)  promote the health, safety, and general welfare of   | 
      
      
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        residents, employers, potential employees, employees, visitors,  | 
      
      
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        and consumers in the district, and of the public; | 
      
      
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                     (2)  provide needed funding for the district to  | 
      
      
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        preserve, maintain, and enhance the economic health and vitality of  | 
      
      
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        the district territory as a community and business center; and | 
      
      
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                     (3)  promote the health, safety, welfare, and enjoyment  | 
      
      
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        of the public by providing pedestrian ways and by landscaping and  | 
      
      
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        developing certain areas in the district, which are necessary for  | 
      
      
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        the restoration, preservation, and enhancement of scenic beauty. | 
      
      
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               (f)  Pedestrian ways along or across a street, whether at  | 
      
      
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        grade or above or below the surface, and street lighting, street  | 
      
      
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        landscaping, parking, and street art objects are parts of and  | 
      
      
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        necessary components of a street and are considered to be a street  | 
      
      
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        or road improvement. | 
      
      
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               (g)  The district will not act as the agent or  | 
      
      
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			 | 
        instrumentality of any private interest even though the district  | 
      
      
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        will benefit many private interests as well as the public. | 
      
      
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			 | 
               Sec. 3885.005.  INITIAL DISTRICT TERRITORY.  (a)  The  | 
      
      
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        district is initially composed of the territory described by  | 
      
      
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        Section 2.02 of the Act enacting this chapter. | 
      
      
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               (b)  The boundaries and field notes contained in Section 2.02  | 
      
      
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        of the Act enacting this chapter form a closure.  A mistake in the  | 
      
      
        | 
           
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        field notes or in copying the field notes in the legislative process  | 
      
      
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        does not affect the district's: | 
      
      
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                     (1)  organization, existence, or validity; | 
      
      
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                     (2)  right to contract; | 
      
      
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                     (3)  authority to borrow money or issue bonds or other  | 
      
      
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        obligations described by Section 3885.253 or to pay the principal  | 
      
      
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        and interest of the bonds or other obligations; | 
      
      
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                     (4)  right to impose or collect an assessment, or  | 
      
      
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        collect other revenue; or | 
      
      
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                     (5)  legality or operation. | 
      
      
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			 | 
               Sec. 3885.006.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.   | 
      
      
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        (a)  All or any part of the area of the district is eligible to be  | 
      
      
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        included in: | 
      
      
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			 | 
                     (1)  a tax increment reinvestment zone created under  | 
      
      
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			 | 
        Chapter 311, Tax Code; | 
      
      
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                     (2)  a tax abatement reinvestment zone created under  | 
      
      
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			 | 
        Chapter 312, Tax Code; | 
      
      
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                     (3)  an enterprise zone created under Chapter 2303,  | 
      
      
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			 | 
        Government Code; or | 
      
      
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                     (4)  an industrial district created under Chapter 42,  | 
      
      
        | 
           
			 | 
        Local Government Code. | 
      
      
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               (b)  If the city creates a tax increment reinvestment zone  | 
      
      
        | 
           
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        described by Subsection (a), the city and the board of directors of  | 
      
      
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        the zone, by contract with the district, may grant money deposited  | 
      
      
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        in the tax increment fund to the district to be used by the district  | 
      
      
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        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 2.02.  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 2.03.  (a)  The legal notice of the intention to  | 
      
      
        | 
           
			 | 
        introduce this article, setting forth the general substance of this  | 
      
      
        | 
           
			 | 
        article, has been published as provided by law, and the notice and a  | 
      
      
        | 
           
			 | 
        copy of this article 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 article to the Texas Commission on  | 
      
      
        | 
           
			 | 
        Environmental Quality. | 
      
      
        | 
           
			 | 
               (c)  The Texas Commission on Environmental Quality has filed  | 
      
      
        | 
           
			 | 
        its recommendations relating to this article 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 article have been  | 
      
      
        | 
           
			 | 
        fulfilled and accomplished. | 
      
      
        | 
           
			 | 
               SECTION 2.04.  This article takes effect September 1, 2011. | 
      
      
        | 
           
			 | 
        ARTICLE 3.  CASE CREEK MUNICIPAL UTILITY DISTRICT NO. 1 OF GRAYSON  | 
      
      
        | 
           
			 | 
        COUNTY | 
      
      
        | 
           
			 | 
               SECTION 3.01.  Subtitle F, Title 6, Special District Local  | 
      
      
        | 
           
			 | 
        Laws Code, is amended by adding Chapter 8249 to read as follows: | 
      
      
        | 
           
			 | 
        CHAPTER 8249.  CASE CREEK MUNICIPAL UTILITY DISTRICT NO. 1 OF  | 
      
      
        | 
           
			 | 
        GRAYSON COUNTY | 
      
      
        | 
           
			 | 
        SUBCHAPTER A.  GENERAL PROVISIONS | 
      
      
        | 
           
			 | 
               Sec. 8249.001.  DEFINITIONS.  In this chapter: | 
      
      
        | 
           
			 | 
                     (1)  "Board" means the district's board of directors. | 
      
      
        | 
           
			 | 
                     (2)  "Commission" means the Texas Commission on  | 
      
      
        | 
           
			 | 
        Environmental Quality. | 
      
      
        | 
           
			 | 
                     (3)  "Director" means a board member. | 
      
      
        | 
           
			 | 
                     (4)  "District" means the Case Creek Municipal Utility  | 
      
      
        | 
           
			 | 
        District No. 1 of Grayson County. | 
      
      
        | 
           
			 | 
               Sec. 8249.002.  NATURE OF DISTRICT.  The district is a  | 
      
      
        | 
           
			 | 
        municipal utility district created under Section 59, Article XVI,  | 
      
      
        | 
           
			 | 
        Texas Constitution. | 
      
      
        | 
           
			 | 
               Sec. 8249.003.  CONFIRMATION AND DIRECTORS' ELECTION  | 
      
      
        | 
           
			 | 
        REQUIRED.  The temporary directors shall hold an election to  | 
      
      
        | 
           
			 | 
        confirm the creation of the district and to elect five permanent  | 
      
      
        | 
           
			 | 
        directors as provided by Section 49.102, Water Code. | 
      
      
        | 
           
			 | 
               Sec. 8249.004.  FINDINGS OF PUBLIC PURPOSE  AND BENEFIT.  (a)   | 
      
      
        | 
           
			 | 
        The district is created to serve a public purpose and benefit. | 
      
      
        | 
           
			 | 
               (b)  The district is created to accomplish the purposes of: | 
      
      
        | 
           
			 | 
                     (1)  a municipal utility district as provided by  | 
      
      
        | 
           
			 | 
        general law and Section 59, Article XVI, Texas Constitution; and | 
      
      
        | 
           
			 | 
                     (2)  Section 52, Article III, Texas Constitution, that  | 
      
      
        | 
           
			 | 
        relate to the construction, acquisition, improvement, operation,  | 
      
      
        | 
           
			 | 
        or maintenance of macadamized, graveled, or paved roads, or  | 
      
      
        | 
           
			 | 
        improvements, including storm drainage, in aid of those roads. | 
      
      
        | 
           
			 | 
               Sec. 8249.005.  INITIAL DISTRICT TERRITORY.  (a)  The  | 
      
      
        | 
           
			 | 
        district is initially composed of the territory described by  | 
      
      
        | 
           
			 | 
        Section 3.02 of the Act enacting this chapter. | 
      
      
        | 
           
			 | 
               (b)  The boundaries and field notes contained in Section 3.02  | 
      
      
        | 
           
			 | 
        of the Act enacting 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. | 
      
      
        | 
           
			 | 
        [Sections 8249.006-8249.050 reserved for expansion] | 
      
      
        | 
           
			 | 
        SUBCHAPTER B.  BOARD OF DIRECTORS | 
      
      
        | 
           
			 | 
               Sec. 8249.051.  GOVERNING BODY; TERMS.  (a)  The district is  | 
      
      
        | 
           
			 | 
        governed by a board of five elected directors. | 
      
      
        | 
           
			 | 
               (b)  Except as provided by Section 8249.052, directors serve  | 
      
      
        | 
           
			 | 
        staggered four-year terms. | 
      
      
        | 
           
			 | 
               Sec. 8249.052.  TEMPORARY DIRECTORS.  (a)  On or after  | 
      
      
        | 
           
			 | 
        September 1, 2011, the owner or owners of a majority of the assessed  | 
      
      
        | 
           
			 | 
        value of the real property in the district may submit a petition to  | 
      
      
        | 
           
			 | 
        the commission requesting that the commission appoint as temporary  | 
      
      
        | 
           
			 | 
        directors the five persons named in the petition.  The commission  | 
      
      
        | 
           
			 | 
        shall appoint as temporary directors the five persons named in the  | 
      
      
        | 
           
			 | 
        petition. | 
      
      
        | 
           
			 | 
               (b)  Temporary directors serve until the earlier of: | 
      
      
        | 
           
			 | 
                     (1)  the date permanent directors are elected under  | 
      
      
        | 
           
			 | 
        Section 8249.003; or | 
      
      
        | 
           
			 | 
                     (2)  September 1, 2015. | 
      
      
        | 
           
			 | 
               (c)  If permanent directors have not been elected under  | 
      
      
        | 
           
			 | 
        Section 8249.003 and the terms of the temporary directors have  | 
      
      
        | 
           
			 | 
        expired, successor temporary directors shall be appointed or  | 
      
      
        | 
           
			 | 
        reappointed as provided by Subsection (d) to serve terms that  | 
      
      
        | 
           
			 | 
        expire on the earlier of: | 
      
      
        | 
           
			 | 
                     (1)  the date permanent directors are elected under  | 
      
      
        | 
           
			 | 
        Section 8249.003; or | 
      
      
        | 
           
			 | 
                     (2)  the fourth anniversary of the date of the  | 
      
      
        | 
           
			 | 
        appointment or reappointment. | 
      
      
        | 
           
			 | 
               (d)  If Subsection (c) applies, the owner or owners of a  | 
      
      
        | 
           
			 | 
        majority of the assessed value of the real property in the district  | 
      
      
        | 
           
			 | 
        may submit a petition to the commission requesting that the  | 
      
      
        | 
           
			 | 
        commission appoint as successor temporary directors the five  | 
      
      
        | 
           
			 | 
        persons named in the petition.  The commission shall appoint as  | 
      
      
        | 
           
			 | 
        successor temporary directors the five persons named in the  | 
      
      
        | 
           
			 | 
        petition. | 
      
      
        | 
           
			 | 
        [Sections 8249.053-8249.100 reserved for expansion] | 
      
      
        | 
           
			 | 
        SUBCHAPTER C.  POWERS AND DUTIES | 
      
      
        | 
           
			 | 
               Sec. 8249.101.  GENERAL POWERS AND DUTIES.  The district has  | 
      
      
        | 
           
			 | 
        the powers and duties necessary to accomplish the purposes for  | 
      
      
        | 
           
			 | 
        which the district is created. | 
      
      
        | 
           
			 | 
               Sec. 8249.102.  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. 8249.103.  AUTHORITY FOR ROAD PROJECTS.  Under Section  | 
      
      
        | 
           
			 | 
        52, Article III, Texas Constitution, the district may design,  | 
      
      
        | 
           
			 | 
        acquire, construct, finance, issue bonds for, improve, operate,  | 
      
      
        | 
           
			 | 
        maintain, and convey to this state, a county, or a municipality for  | 
      
      
        | 
           
			 | 
        operation and maintenance macadamized, graveled, or paved roads, or  | 
      
      
        | 
           
			 | 
        improvements, including storm drainage, in aid of those roads. | 
      
      
        | 
           
			 | 
               Sec. 8249.104.  ROAD STANDARDS AND REQUIREMENTS.  (a)  A road  | 
      
      
        | 
           
			 | 
        project must meet all applicable construction standards, zoning and  | 
      
      
        | 
           
			 | 
        subdivision requirements, and regulations of each municipality in  | 
      
      
        | 
           
			 | 
        whose corporate limits or extraterritorial jurisdiction the road  | 
      
      
        | 
           
			 | 
        project is located. | 
      
      
        | 
           
			 | 
               (b)  If a road project is not located in the corporate limits  | 
      
      
        | 
           
			 | 
        or extraterritorial jurisdiction of a municipality, the road  | 
      
      
        | 
           
			 | 
        project must meet all applicable construction standards,  | 
      
      
        | 
           
			 | 
        subdivision requirements, and regulations of each county in which  | 
      
      
        | 
           
			 | 
        the road project is located. | 
      
      
        | 
           
			 | 
               (c)  If the state will maintain and operate the road, the  | 
      
      
        | 
           
			 | 
        Texas Transportation Commission must approve the plans and  | 
      
      
        | 
           
			 | 
        specifications of the road project. | 
      
      
        | 
           
			 | 
               Sec. 8249.105.  COSTS OF ROAD PROJECT.  The district shall  | 
      
      
        | 
           
			 | 
        bear the cost of maintaining, improving, operating, and repairing a  | 
      
      
        | 
           
			 | 
        road located in the district and authorized by Section 8249.103 in  | 
      
      
        | 
           
			 | 
        accordance with all applicable ordinances and rules of the  | 
      
      
        | 
           
			 | 
        political subdivision authorized to exercise jurisdiction over the  | 
      
      
        | 
           
			 | 
        road, regardless of whether the district conveys the road to this  | 
      
      
        | 
           
			 | 
        state, a county, or a municipality. | 
      
      
        | 
           
			 | 
               Sec. 8249.106.  LIMITATION ON USE OF EMINENT DOMAIN.  The  | 
      
      
        | 
           
			 | 
        district may not exercise the power of eminent domain outside the  | 
      
      
        | 
           
			 | 
        district to acquire a site or easement for: | 
      
      
        | 
           
			 | 
                     (1)  a road project authorized by Section 8249.103; or | 
      
      
        | 
           
			 | 
                     (2)  a recreational facility as defined by Section  | 
      
      
        | 
           
			 | 
        49.462, Water Code. | 
      
      
        | 
           
			 | 
               Sec. 8249.107.  LIMITATION ON WATER SUPPLY AND WASTEWATER  | 
      
      
        | 
           
			 | 
        SERVICES; USE OF DISTRICT FACILITIES BY TWO WAY SPECIAL UTILITY  | 
      
      
        | 
           
			 | 
        DISTRICT.  (a)  The district may not act as a retail provider of  | 
      
      
        | 
           
			 | 
        water or wastewater services in the district except as provided by  | 
      
      
        | 
           
			 | 
        this section. | 
      
      
        | 
           
			 | 
               (b)  Except as provided by Subsection (c), the district shall  | 
      
      
        | 
           
			 | 
        convey or otherwise assign the district's water supply facilities  | 
      
      
        | 
           
			 | 
        and wastewater facilities to Two Way Special Utility District. | 
      
      
        | 
           
			 | 
               (c)  If Two Way Special Utility District refuses or is unable  | 
      
      
        | 
           
			 | 
        to provide water supply or wastewater service to customers located  | 
      
      
        | 
           
			 | 
        in the district, the district may retain the necessary facilities  | 
      
      
        | 
           
			 | 
        and provide water supply or wastewater service, as applicable, to  | 
      
      
        | 
           
			 | 
        those customers. | 
      
      
        | 
           
			 | 
        [Sections 8249.108-8249.150 reserved for expansion] | 
      
      
        | 
           
			 | 
        SUBCHAPTER D.  DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS | 
      
      
        | 
           
			 | 
               Sec. 8249.151.  DIVISION OF DISTRICT; PREREQUISITES.  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. | 
      
      
        | 
           
			 | 
               Sec. 8249.152.  LAW APPLICABLE TO NEW DISTRICT.  This  | 
      
      
        | 
           
			 | 
        chapter applies to any new district created by division of the  | 
      
      
        | 
           
			 | 
        district, and a new district has all the powers and duties of the  | 
      
      
        | 
           
			 | 
        district. | 
      
      
        | 
           
			 | 
               Sec. 8249.153.  LIMITATION ON AREA OF NEW DISTRICT.  A new  | 
      
      
        | 
           
			 | 
        district created by the division of the district may not, at the  | 
      
      
        | 
           
			 | 
        time the new district is created, contain any land outside the area  | 
      
      
        | 
           
			 | 
        described by Section 3.02 of the Act enacting this chapter. | 
      
      
        | 
           
			 | 
               Sec. 8249.154.  DIVISION PROCEDURES.  (a)  The board, on its  | 
      
      
        | 
           
			 | 
        own motion or on receipt of a petition signed by the owner or owners  | 
      
      
        | 
           
			 | 
        of a majority of the assessed value of the real property in the  | 
      
      
        | 
           
			 | 
        district, may adopt an order dividing the district. | 
      
      
        | 
           
			 | 
               (b)  The board may adopt an order dividing the district  | 
      
      
        | 
           
			 | 
        before or after the date the board holds an election under Section  | 
      
      
        | 
           
			 | 
        8249.003 to confirm the district's creation. | 
      
      
        | 
           
			 | 
               (c)  An order dividing the district must: | 
      
      
        | 
           
			 | 
                     (1)  name each new district; | 
      
      
        | 
           
			 | 
                     (2)  include the metes and bounds description of the  | 
      
      
        | 
           
			 | 
        territory of each new district; | 
      
      
        | 
           
			 | 
                     (3)  appoint temporary directors for each new district;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (4)  provide for the division of assets and liabilities  | 
      
      
        | 
           
			 | 
        between the new districts. | 
      
      
        | 
           
			 | 
               (d)  On or before the 30th day after the date of adoption of  | 
      
      
        | 
           
			 | 
        an order dividing the district, the district shall file the order  | 
      
      
        | 
           
			 | 
        with the commission and record the order in the real property  | 
      
      
        | 
           
			 | 
        records of each county in which the district is located. | 
      
      
        | 
           
			 | 
               Sec. 8249.155.  CONFIRMATION ELECTION FOR NEW DISTRICT.  (a)   | 
      
      
        | 
           
			 | 
        A new district created by the division of the district shall hold a  | 
      
      
        | 
           
			 | 
        confirmation and directors' election as required by Section  | 
      
      
        | 
           
			 | 
        8249.003. | 
      
      
        | 
           
			 | 
               (b)  If the creation of the new district is confirmed, the  | 
      
      
        | 
           
			 | 
        new district shall provide the election date and results to the  | 
      
      
        | 
           
			 | 
        commission. | 
      
      
        | 
           
			 | 
               Sec. 8249.156.  TAX OR BOND ELECTION.  Before a new district  | 
      
      
        | 
           
			 | 
        created by the division of the district may impose a maintenance tax  | 
      
      
        | 
           
			 | 
        or issue bonds payable wholly or partly from ad valorem taxes, the  | 
      
      
        | 
           
			 | 
        new district must hold an election as required by this chapter to  | 
      
      
        | 
           
			 | 
        obtain voter approval. | 
      
      
        | 
           
			 | 
        [Sections 8249.157-8249.200 reserved for expansion] | 
      
      
        | 
           
			 | 
        SUBCHAPTER E.  GENERAL FINANCIAL PROVISIONS | 
      
      
        | 
           
			 | 
               Sec. 8249.201.  ELECTIONS REGARDING TAXES OR BONDS.  (a)  The  | 
      
      
        | 
           
			 | 
        district may issue, without an election, bonds and other  | 
      
      
        | 
           
			 | 
        obligations secured by: | 
      
      
        | 
           
			 | 
                     (1)  revenue other than ad valorem taxes; or | 
      
      
        | 
           
			 | 
                     (2)  contract payments described by Section 8249.203. | 
      
      
        | 
           
			 | 
               (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. 8249.202.  OPERATION AND MAINTENANCE TAX.  (a)  If  | 
      
      
        | 
           
			 | 
        authorized at an election held under Section 8249.201, the district  | 
      
      
        | 
           
			 | 
        may impose an operation and maintenance tax on taxable property in  | 
      
      
        | 
           
			 | 
        the district in accordance with Section 49.107, Water Code. | 
      
      
        | 
           
			 | 
               (b)  The board shall determine the tax rate.  The rate may not  | 
      
      
        | 
           
			 | 
        exceed the rate approved at the election. | 
      
      
        | 
           
			 | 
               Sec. 8249.203.  CONTRACT TAXES.  (a)  In accordance with  | 
      
      
        | 
           
			 | 
        Section 49.108, Water Code, the district may impose a tax other than  | 
      
      
        | 
           
			 | 
        an operation and maintenance tax and use the revenue derived from  | 
      
      
        | 
           
			 | 
        the tax to make payments under a contract 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 8249.204-8249.250 reserved for expansion] | 
      
      
        | 
           
			 | 
        SUBCHAPTER F.  BONDS AND OTHER OBLIGATIONS | 
      
      
        | 
           
			 | 
               Sec. 8249.251.  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, or other district money, or any  | 
      
      
        | 
           
			 | 
        combination of those sources, to pay for any authorized district  | 
      
      
        | 
           
			 | 
        purpose. | 
      
      
        | 
           
			 | 
               Sec. 8249.252.  TAXES FOR BONDS. At the time the district  | 
      
      
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        issues bonds payable wholly or partly from ad valorem taxes, the  | 
      
      
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        board shall provide for the annual imposition of a continuing  | 
      
      
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			 | 
        direct ad valorem tax, without limit as to rate or amount, while all  | 
      
      
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        or part of the bonds are outstanding as required and in the manner  | 
      
      
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        provided by Sections 54.601 and 54.602, Water Code. | 
      
      
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			 | 
               Sec. 8249.253.  BONDS FOR ROAD PROJECTS.  At the time of  | 
      
      
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        issuance, the total principal amount of bonds or other obligations  | 
      
      
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        issued or incurred to finance road projects and payable from ad  | 
      
      
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        valorem taxes may not exceed one-fourth of the assessed value of the  | 
      
      
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        real property in the district. | 
      
      
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			 | 
               SECTION 3.02.  The Case Creek Municipal Utility District No.  | 
      
      
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			 | 
        1 of Grayson County initially includes all the territory contained  | 
      
      
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        in the following area: | 
      
      
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			 | 
        TRACT 1 | 
      
      
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			 | 
        BEING A 734.245 ACRE TRACT OF LAND SITUATED IN THE PATSY KITCHENS  | 
      
      
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			 | 
        SURVEY, ABSTRACT NO. 666, THE RACHEL HANNING SURVEY, ABSTRACT NO.  | 
      
      
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			 | 
        547, THE JAMES THOMAS SURVEY, ABSTRACT NO. 1235, THE B.B.B. & C.R.R.  | 
      
      
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			 | 
        SURVEY, ABSTRACT NO. 167 AND THE H.L. NOLAND SURVEY, ABSTRACT NO.  | 
      
      
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			 | 
        1550, GRAYSON COUNTY, TEXAS AND BEING ALL OF THE FOLLOWING TRACTS OF  | 
      
      
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        LAND, THAT TRACT OF LAND DESCRIBED IN DEED TO BLUE ISLAND PARTNERS,  | 
      
      
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			 | 
        LTD., RECORDED IN VOLUME 4076, PAGE 824, THAT TRACT OF LAND  | 
      
      
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			 | 
        DESCRIBED IN DEED TO THE NICID LIMITED PARTNERSHIP, RECORDED IN  | 
      
      
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			 | 
        VOLUME 3734, PAGE 246 AND THAT TRACT OF LAND DESCRIBED IN DEED TO  | 
      
      
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			 | 
        202 BOREN ROAD PARTNERS, LLC, RECORDED IN VOLUME 4223, PAGE 252 OF  | 
      
      
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			 | 
        THE OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS. SAID 734.245  | 
      
      
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			 | 
        ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE  | 
      
      
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			 | 
        COORDINATES, NORTH CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE 2002),  | 
      
      
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			 | 
        DETERMINED BY GPS OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND  | 
      
      
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			 | 
        JULIAN DAY 259, 2004, CALCULATED FROM COLLIN CORS ARP (PID-DF8982)  | 
      
      
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        AND DENTON CORS ARP (PID-DF8986), | 
      
      
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        BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | 
      
      
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        BEGINNING AT A 60D NAIL FOUND FOR THE NORTHEAST CORNER OF SAID BLUE  | 
      
      
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        ISLAND TRACT, SAID NAIL BEING THE SOUTHEAST CORNER OF A TRACT AS  | 
      
      
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			 | 
        DESCRIBED IN DEED TO JERRY TODD, FILED JUNE 27, 1977, AND RECORDED  | 
      
      
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			 | 
        IN VOLUME 1392 PAGE 797 OF SAID DEED RECORDS, SAID NAIL ALSO BEING  | 
      
      
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        IN THE WEST LINE OF A TRACT AS DESCRIBED IN DEED TO JEFF JOHNSON AND  | 
      
      
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        WIFE CARYANN JOHNSON, FILED DECEMBER 05, 2002, AND RECORDED IN  | 
      
      
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        VOLUME 3363, PAGE 624 OF DEED RECORDS, GRAYSON COUNTY, TEXAS, SAID  | 
      
      
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        NAIL ALSO BEING AT THE INTERSECTION OF DAVIS ROAD AND MACOMB  | 
      
      
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        CEMETERY ROAD; | 
      
      
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        THENCE, SOUTH 00 DEGREES 41 MINUTES 37 SECONDS EAST, WITH THE EAST  | 
      
      
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        LINE OF SAID BLUE ISLAND TRACT, AND WITH THE WEST LINE OF SAID  | 
      
      
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        JOHNSON TRACT, AND ALONG SAID DAVIS ROAD, A DISTANCE OF 1738.20 FEET  | 
      
      
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        TO A 1/2 INCH STEEL SQUARE TUBING FOUND FOR AN ELL CORNER OF SAID  | 
      
      
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        BLUE ISLAND TRACT, AND THE SOUTHWEST CORNER OF SAID JOHNSON TRACT,  | 
      
      
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        AND AT A TURN IN SAID ROAD; | 
      
      
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        THENCE, NORTH 88 DEGREES 46 MINUTES 03 SECONDS EAST, WITH A NORTH  | 
      
      
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        LINE OF SAID BLUE ISLAND TRACT, AND WITH THE SOUTH LINE OF SAID  | 
      
      
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        JOHNSON TRACT, AND ALONG SAID DAVIS ROAD, A DISTANCE OF 620.31 FEET  | 
      
      
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        TO A 1/2 INCH STEEL REBAR FOUND FOR THE MOST EASTERLY NORTHEAST  | 
      
      
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        CORNER OF SAID BLUE ISLAND TRACT, SAID REBAR BEING ON THE SOUTH LINE  | 
      
      
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        OF SAID JOHNSON TRACT, SAID REBAR BEING THE NORTHWEST CORNER OF A  | 
      
      
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        TRACT AS DESCRIBED IN DEED TO THE NICID LIMITED PARTNERSHIP, FILED  | 
      
      
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			 | 
        SEPTEMBER 22, 2004, AND RECORDED IN VOLUME 3734, PAGE 246, OFFICIAL  | 
      
      
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			 | 
        PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID REBAR ALSO BEING IN  | 
      
      
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        SAID ROAD; | 
      
      
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        THENCE, NORTH 89 DEGREES 31 MINUTES 32 SECONDS EAST, WITH THE NORTH  | 
      
      
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			 | 
        LINE OF SAID NICID TRACT, AND IN DAVIS ROAD, A DISTANCE OF 2414.87  | 
      
      
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			 | 
        FEET TO A 1/2 INCH STEEL SQUARE TUBING FOUND, SAID TUBING BEING THE  | 
      
      
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        NORTHEAST CORNER OF SAID NICID TRACT, AND THE NORTHWEST CORNER OF A  | 
      
      
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        TRACT AS DESCRIBED IN DEED TO DIAMOND H RANCH, LP, AND RECORDED IN  | 
      
      
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			 | 
        VOLUME 4052, PAGE 184, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY,  | 
      
      
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        TEXAS, SAID TUBING ALSO BEING IN DAVIS ROAD; | 
      
      
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        THENCE, SOUTH 00 DEGREES 26 MINUTES 08 SECONDS EAST, WITH THE EAST  | 
      
      
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        LINE OF SAID NICID TRACT, AND THE WEST LINE OF SAID DIAMOND H TRACT,  | 
      
      
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        AND PASSING AT 20.34 FEET A PIPE FENCE CORNER POST ON THE SOUTH SIDE  | 
      
      
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        OF SAID DAVIS ROAD, AND CONTINUING ON SAID COURSE FOR A TOTAL  | 
      
      
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        DISTANCE OF 2645.90 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC  | 
      
      
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			 | 
        CAP STAMPED "CARTER BURGESS" SET FOR AN ELL CORNER OF SAID NICID AND  | 
      
      
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			 | 
        DIAMOND H TRACTS; | 
      
      
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        THENCE, SOUTH 89 DEGREES 24 MINUTES 16 SECONDS WEST, WITH THE SOUTH  | 
      
      
        | 
           
			 | 
        LINE OF SAID NICID TRACT, A DISTANCE OF 989.63 FEET TO A 5/8 INCH  | 
      
      
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			 | 
        IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR AN  | 
      
      
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			 | 
        ELL CORNER OF SAID NICID AND DIAMOND H TRACT; | 
      
      
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			 | 
        THENCE, SOUTH 00 DEGREES 31 MINUTES 07 SECONDS EAST, A DISTANCE OF  | 
      
      
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			 | 
        614.83 FEET TO A 1/2 INCH STEEL REBAR FOUND FOR A SOUTHEAST CORNER  | 
      
      
        | 
           
			 | 
        OF SAID NICID AND AN ELL CORNER OF SAID DIAMOND H TRACT; | 
      
      
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			 | 
        THENCE, SOUTH 89 DEGREES 38 MINUTES 58 SECONDS WEST, WITH THE  | 
      
      
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			 | 
        APPARENT SOUTH LINE OF SAID NICID TRACT, A DISTANCE OF 2189.66 FEET  | 
      
      
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        TO A POINT CORNER; | 
      
      
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			 | 
        THENCE, SOUTH 00 DEGRESS 58 MINUTES 28 SECONDS WEST, PASSING AT A  | 
      
      
        | 
           
			 | 
        DISTANCE OF 14.49 FEET A 1/2" IRON ROD FOUND AT THE NORTHEAST CORNER  | 
      
      
        | 
           
			 | 
        OF SAID 202 BOREN ROAD PARTNERS TRACT AND THE NORTHWEST CORNER OF  | 
      
      
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			 | 
        THAT TRACT OF LAND DESCRIBED IN DEED TO DEWEY MCGILL, JR., RECORDED  | 
      
      
        | 
           
			 | 
        IN VOLUME 2426, PAGE 836, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY,  | 
      
      
        | 
           
			 | 
        TEXAS, AND CONTINUING WITH THE EAST LINE OF SAID 202 BOREN ROAD  | 
      
      
        | 
           
			 | 
        PARTNERS TRACT, THE WEST LINE OF SAID MCGILL TRACT, CROSSING THE  | 
      
      
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			 | 
        SOUTH LINE OF SAID NOLAND SURVEY AND THE NORTH LINE OF SAID B.B.B. &  | 
      
      
        | 
           
			 | 
        C.R.R. SURVEY, AND CONTINUING FOR A TOTAL DISTANCE OF 2317.78 FEET  | 
      
      
        | 
           
			 | 
        TO A 1/2 INCH IRON ROD FOUND ON THE NORTH LINE OF THAT TRACT OF LAND  | 
      
      
        | 
           
			 | 
        DESCRIBED IN DEED TO DIANE S. MORGAN, RECORDED IN VOLUME 3368, PAGE  | 
      
      
        | 
           
			 | 
        355, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; | 
      
      
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			 | 
        THENCE, NORTH 88 DEGRESS 25 MINUTES 06 SECONDS WEST, WITH THE NORTH  | 
      
      
        | 
           
			 | 
        LINES OF SAID DIANE MORGAN TRACT, THE NORTH LINE OF A 20.000 ACRE  | 
      
      
        | 
           
			 | 
        TRACT OF LAND CONVEYED TO GLEN D. MORGAN BY DEED DATED APRIL 11,  | 
      
      
        | 
           
			 | 
        2000, RECORDED IN VOLUME 2914, PAGE 61, OFFICIAL PUBLIC RECORDS,  | 
      
      
        | 
           
			 | 
        GRAYSON COUNTY, TEXAS AND THE SOUTH LINE OF SAID 202 BOREN ROAD  | 
      
      
        | 
           
			 | 
        PARTNERS TRACT, FOR A DISTANCE OF 1627.84 FEET TO A 60D NAIL FOUND  | 
      
      
        | 
           
			 | 
        AT THE SOUTHWEST CORNER OF BOTH SAID B.B.B. & C.R.R. SURVEY AND THE  | 
      
      
        | 
           
			 | 
        SOUTHEAST CORNER OF SAID THOMAS SURVEY, FOR THE MOST SOUTHERLY  | 
      
      
        | 
           
			 | 
        SOUTHWEST CORNER OF SAID 202 BOREN ROAD PARTNERS TRACT AND THE  | 
      
      
        | 
           
			 | 
        SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED TO TOM W.  | 
      
      
        | 
           
			 | 
        PINGLETON, DATED AUGUST 15, 2006, RECORDED IN VOLUME 4105, PAGE  | 
      
      
        | 
           
			 | 
        811, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, | 
      
      
        | 
           
			 | 
        THENCE, NORTH 01 DEGREES 40 MINUTES 41 SECONDS EAST, WITH THE WEST  | 
      
      
        | 
           
			 | 
        LINES OF BOTH SAID B.B.B. & C.R.R. SURVEY, AND SAID 202 BOREN ROAD  | 
      
      
        | 
           
			 | 
        PARTNERS TRACT AND THE EAST LINES OF THE FOLLOWING, SAID THOMAS  | 
      
      
        | 
           
			 | 
        SURVEY, TRACT 1 DESCRIBED IN DEED TO JAMES DOUGLAS SCHULTZ,  | 
      
      
        | 
           
			 | 
        RECORDED IN VOLUME 1646, PAGE 617 DEED RECORDS, GRAYSON COUNTY,  | 
      
      
        | 
           
			 | 
        TEXAS, SAID PINGLETON TRACT, THAT TRACT OF LAND DESCRIBED IN DEED TO  | 
      
      
        | 
           
			 | 
        GINGER BLALOCK, DATED AUGUST 28,1998, RECORDED IN VOLUME 2695, PAGE  | 
      
      
        | 
           
			 | 
        380, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, THAT TRACT OF  | 
      
      
        | 
           
			 | 
        LAND DESCRIBED IN DEED TO JAMES C. BLAKE, ET UX, DATED OCTOBER 9,  | 
      
      
        | 
           
			 | 
        1998, RECORDED IN VOIUME 2709, PAGE 366, OFFICIAL PUBLIC RECORDS,  | 
      
      
        | 
           
			 | 
        GRAYSON COUNTY, TEXAS, THAT TRACT OF LAND DESCRIBED IN DEED TO  | 
      
      
        | 
           
			 | 
        MICHAEL W. WALKER, AND MONIQUE R. WALKER, DATED DECEMBER 22, 2004,  | 
      
      
        | 
           
			 | 
        RECORDED IN VOLUME 3790, PAGE 348, OFFICIAL PUBLIC RECORDS, GRAYSON  | 
      
      
        | 
           
			 | 
        COUNTY, TEXAS AND THAT TRACT OF LAND DESCRIBED IN DEED TO NANCY  | 
      
      
        | 
           
			 | 
        SUSAN PARKER, DATED DECEMBER 1, 1993, RECORDED IN VOLUME 2306, PAGE  | 
      
      
        | 
           
			 | 
        433, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS FOR A DISTANCE  | 
      
      
        | 
           
			 | 
        OF 2132.79 FEET TO A 1/2 INCH IRON ROD FOUND AT THE NORTHEAST CORNER  | 
      
      
        | 
           
			 | 
        OF SAID PARKER TRACT AT AN ELL CORNER OF SAID 202 BOREN ROAD  | 
      
      
        | 
           
			 | 
        PARTNERS TRACT; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 86 DEGRESS 41 MINUTES 55 SECONDS WEST, WITH THE NORTH  | 
      
      
        | 
           
			 | 
        LINE OF SAID PARKER TRACT, AND A SOUTH LINE OF SAID 202 BOREN ROAD  | 
      
      
        | 
           
			 | 
        PARTNERS TRACT, A DISTANCE OF 1332.93 FEET TO A PK NAIL FOUND FOR  | 
      
      
        | 
           
			 | 
        THE NORTHWEST CORNER OF SAID PARKER TRACT IN THE EAST LINE OF THAT  | 
      
      
        | 
           
			 | 
        TRACT OF LAND DESCRIBED IN DEED TO MYRNA RHEUDASIL, INDIVIDUALLY BY  | 
      
      
        | 
           
			 | 
        DEED DATED APRIL 21, 1992, RECORDED IN VOLUME 2208, PAGE 492,  | 
      
      
        | 
           
			 | 
        OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS IN THE CENTER OF A  | 
      
      
        | 
           
			 | 
        PUBLIC ROAD KNOWN AS BOREN ROAD; | 
      
      
        | 
           
			 | 
        THENCE NORTH 01 DEGREES, 59 MINUTES 16 SECONDS EAST, WITH THE CENTER  | 
      
      
        | 
           
			 | 
        OF SAID BOREN ROAD, THE WEST LINE OF SAID 202 BOREN ROAD PARTNERS  | 
      
      
        | 
           
			 | 
        TRACT, THE EAST LINE OF SAID RHEUDASIL TRACT FOR A DISTANCE OF  | 
      
      
        | 
           
			 | 
        411.44 FEET TO A 1/2 INCH IRON ROD FOUND AT THE NORTHEAST CORNER OF  | 
      
      
        | 
           
			 | 
        SAID RHEUDASIL TRACT, ON THE NORTH LINE OF SAID THOMAS SURVEY, THE  | 
      
      
        | 
           
			 | 
        SOUTH LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN  | 
      
      
        | 
           
			 | 
        ROAD PARTNERS TRACT; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 88 DEGRESS 28 MINUTES 34 SECONDS WEST, WITH THE NORTH  | 
      
      
        | 
           
			 | 
        LINE OF BOTH SAID THOMAS SURVEY, AND SAID RHEUDASIL TRACT, THE SOUTH  | 
      
      
        | 
           
			 | 
        LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN ROAD  | 
      
      
        | 
           
			 | 
        PARTNERS TRACT, CONTINUING ALONG SAID BOREN ROAD, FOR A DISTANCE OF  | 
      
      
        | 
           
			 | 
        1333.90 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED  | 
      
      
        | 
           
			 | 
        "CARTER BURGESS" SET AT THE SOUTHWEST CORNER OF BOTH SAID RACHEL  | 
      
      
        | 
           
			 | 
        HANNING SURVEY, AND SAID 202 BOREN ROAD PARTNERS TRACT, THE  | 
      
      
        | 
           
			 | 
        SOUTHEAST CORNER OF THE JAMES M. THOMAS SURVEY, ABSTRACT NO. 1212,  | 
      
      
        | 
           
			 | 
        THE MOST SOUTHERLY SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED  | 
      
      
        | 
           
			 | 
        IN DEED TO CALVIN BLEDSOE, RECORDED IN VOLUME 2546, PAGE 224,  | 
      
      
        | 
           
			 | 
        OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 01 DEGRESS 36 MINUTES 58 SECONDS EAST, WITH THE WEST  | 
      
      
        | 
           
			 | 
        LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN ROAD  | 
      
      
        | 
           
			 | 
        PARTNERS TRACT, THE EAST LINE OF SAID JAMES THOMAS SURVEY, ABST. NO.  | 
      
      
        | 
           
			 | 
        1212, AND SAID BLEDSOE TRACT, FOR A DISTANCE OF 1595.82 FEET TO A  | 
      
      
        | 
           
			 | 
        1/2 INCH IRON ROD CAPPED "COX 4577" FOUND AT THE NORTHWEST CORNER OF  | 
      
      
        | 
           
			 | 
        SAID 202 BOREN ROAD PARTNERS TRACT, THE MOST WESTERLY SOUTHWEST  | 
      
      
        | 
           
			 | 
        CORNER OF A 300.43 ACRE TRACT OF LAND DESCRIBED IN DEED TO BLUE  | 
      
      
        | 
           
			 | 
        ISLAND PARTNERS, LTD. BY DEED DATED JUNE 28, 2006, RECORDED IN  | 
      
      
        | 
           
			 | 
        VOLUME 4076, PAGE 824, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY,  | 
      
      
        | 
           
			 | 
        TEXAS; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 01 DEGREES 26 MINUTES 55 SECONDS EAST, WITH THE WEST  | 
      
      
        | 
           
			 | 
        LINE OF SAID BLUE ISLAND TRACT, AND WITH THE EAST LINE OF SAID  | 
      
      
        | 
           
			 | 
        BLEDSOE TRACT, A DISTANCE OF 1631.30 FEET TO A 1/2 INCH IRON ROD  | 
      
      
        | 
           
			 | 
        CAPPED "COX 4577" FOUND FOR THE WESTERN MOST NORTHWEST CORNER OF  | 
      
      
        | 
           
			 | 
        BLUE ISLAND TRACT, AND THE NORTHEAST CORNER OF SAID BLEDSOE TRACT; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 89 DEGREES 27 MINUTES 39 SECONDS EAST, WITH A NORTH  | 
      
      
        | 
           
			 | 
        LINE OF SAID BLUE ISLAND TRACT, A DISTANCE OF 1676.04 FEET TO A 5/8  | 
      
      
        | 
           
			 | 
        INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET  | 
      
      
        | 
           
			 | 
        FOR AN ELL CORNER OF SAID BLUE ISLAND TRACT, AND THE SOUTHEAST  | 
      
      
        | 
           
			 | 
        CORNER OF A TRACT AS DESCRIBED IN DEED TO NANCY SUSAN PARKER, FILED  | 
      
      
        | 
           
			 | 
        SEPTEMBER 15, 1993, AND RECORDED IN VOLUME 2306 PAGE 433, OFFICIAL  | 
      
      
        | 
           
			 | 
        PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 00 DEGREES 18 MINUTES 02 SECONDS WEST, WITH THE WEST  | 
      
      
        | 
           
			 | 
        LINE OF SAID BLUE ISLAND TRACT, AND WITH THE EAST LINE OF SAID  | 
      
      
        | 
           
			 | 
        PARKER TRACT, A DISTANCE OF 1411.57 FEET TO A 5/8 INCH IRON ROD WITH  | 
      
      
        | 
           
			 | 
        YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR THE NORTHWEST  | 
      
      
        | 
           
			 | 
        CORNER OF SAID BLUE ISLAND TRACT, SAID IRON ROD BEING THE NORTHEAST  | 
      
      
        | 
           
			 | 
        CORNER OF SAID PARKER TRACT, SAID IRON ROD ALSO BEING ON THE SOUTH  | 
      
      
        | 
           
			 | 
        LINE OF SAID BLEDSOE TRACT, SAID IRON ROD BEING IN SAID MACOMB  | 
      
      
        | 
           
			 | 
        CEMETERY ROAD; | 
      
      
        | 
           
			 | 
        THENCE, SOUTH 88 DEGREES 57 MINUTES 45 SECONDS EAST, WITH THE NORTH  | 
      
      
        | 
           
			 | 
        LINE OF SAID BLUE ISLAND TRACT, ALONG SAID ROAD, PASSING THE  | 
      
      
        | 
           
			 | 
        SOUTHEAST CORNER OF SAID BLEDSOE TRACT, AND THE SOUTHWEST CORNER OF  | 
      
      
        | 
           
			 | 
        SAID TODD TRACT, AND CONTINUING ALONG SAID COURSE, A DISTANCE OF  | 
      
      
        | 
           
			 | 
        2597.18 FEET TO THE POINT OF BEGINNING AND CONTAINING 734.245 ACRES  | 
      
      
        | 
           
			 | 
        OF LAND, MORE OR LESS. | 
      
      
        | 
           
			 | 
        TRACT 2 | 
      
      
        | 
           
			 | 
        BEING A 558.197 ACRE TRACT OF LAND SITUATED IN THE BURK TRAMMEL  | 
      
      
        | 
           
			 | 
        SURVEY, ABSTRACT NUMBER 1229, GRAYSON COUNTY, TEXAS, SAID 558.132  | 
      
      
        | 
           
			 | 
        ACRE TRACT BEING COMPRISED BY THE TOTAL OF 6 TRACTS OF LAND RECORDED  | 
      
      
        | 
           
			 | 
        IN THE OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, A TRACT OF  | 
      
      
        | 
           
			 | 
        LAND DESCRIBED IN A DEED TO W.P. PELPHREY AND C.F. PELPHREY AS  | 
      
      
        | 
           
			 | 
        RECORDED IN VOLUME 205, PAGE 591, DEED RECORDS, GRAYSON COUNTY,  | 
      
      
        | 
           
			 | 
        TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO W.P. PELPHREY AS  | 
      
      
        | 
           
			 | 
        RECORDED IN VOLUME 234, PAGE 113, DEED RECORDS, GRAYSON COUNTY,  | 
      
      
        | 
           
			 | 
        TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO A.T. PELPHREY AS  | 
      
      
        | 
           
			 | 
        RECORDED IN VOLUME 129, PAGE 171, DEED RECORDS, GRAYSON COUNTY,  | 
      
      
        | 
           
			 | 
        TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO JACK M. DECORDOVA AND  | 
      
      
        | 
           
			 | 
        WIFE  FRANCES M. DECORDOVA AS RECORDED IN VOLUME 1280, PAGE 29, DEED  | 
      
      
        | 
           
			 | 
        RECORDS, GRAYSON COUNTY, TEXAS, A TRACT OF LAND DESCRIBED IN A DEED  | 
      
      
        | 
           
			 | 
        TO C.F. PELPHREY AS RECORDED IN VOLUME 550, PAGE 399, DEED RECORDS,  | 
      
      
        | 
           
			 | 
        GRAYSON COUNTY, TEXAS, AND A TRACT OF LAND DESCRIBED IN A DEED TO  | 
      
      
        | 
           
			 | 
        W.P. PELPHREY AS RECORDED IN VOLUME 234, PAGE 113, DEED RECORDS,  | 
      
      
        | 
           
			 | 
        GRAYSON COUNTY, TEXAS, SAID 558.197 ACRE TRACT WITH BEARING BASIS  | 
      
      
        | 
           
			 | 
        BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL  | 
      
      
        | 
           
			 | 
        ZONE, NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS  | 
      
      
        | 
           
			 | 
        OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004,  | 
      
      
        | 
           
			 | 
        CALCULATED FROM COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP  | 
      
      
        | 
           
			 | 
        (PID-DF8986), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS  | 
      
      
        | 
           
			 | 
        AS FOLLOWS: | 
      
      
        | 
           
			 | 
        BEGINNING AT A P.K. NAIL SET FOR THE NORTHWEST CORNER OF SAID W.P.  | 
      
      
        | 
           
			 | 
        PELPHREY AND C.F. PELPHREY TRACT, SAME POINT BEING IN THE  | 
      
      
        | 
           
			 | 
        APPROXIMATE INTERSECTION OF SOUTHMAYD ROAD (AN APPARENT  | 
      
      
        | 
           
			 | 
        PERSCRIPTIVE RIGHT OF WAY) WITH MCGEEHE ROAD (AN APPARENT  | 
      
      
        | 
           
			 | 
        PERSCRIPTIVE RIGHT OF WAY); | 
      
      
        | 
           
			 | 
        THENCE, SOUTH 88 DEGREES 22 MINUTES 04 SECONDS EAST, IN SAID  | 
      
      
        | 
           
			 | 
        SOUTHMAYD ROAD, A DISTANCE OF 2563.72 FEET TO A P.K. NAIL FOUND FOR  | 
      
      
        | 
           
			 | 
        THE NORTHWEST CORNER OF THE AFOREMENTIONED W.P. PELPHREY TRACT  | 
      
      
        | 
           
			 | 
        DESCRIBED IN VOLUME 234 AT PAGE 113, DEED RECORDS, GRAYSON COUNTY,  | 
      
      
        | 
           
			 | 
        TEXAS FOR AN ANGLE POINT; | 
      
      
        | 
           
			 | 
        THENCE, SOUTH 88 DEGREES 29 MINUTES 07 SECONDS EAST, CONTINUING IN  | 
      
      
        | 
           
			 | 
        SAID ROAD, FOR A DISTANCE OF 1926.86 FEET TO A P.K. NAIL SET FOR THE  | 
      
      
        | 
           
			 | 
        NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT AND THE NORTHWEST  | 
      
      
        | 
           
			 | 
        CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO GLEN D.  | 
      
      
        | 
           
			 | 
        MORGAN AS RECORDED IN VOLUME 2752, PAGE 321, OFFICIAL PUBLIC  | 
      
      
        | 
           
			 | 
        RECORDS, GRAYSON COUNTY, TEXAS | 
      
      
        | 
           
			 | 
        THENCE, SOUTH 00 DEGREES 58 MINUTES 51 SECONDS WEST, WITH THE WEST  | 
      
      
        | 
           
			 | 
        LINE OF SAID MORGAN TRACT AND ALONG A FENCE LINE AT A DISTANCE  | 
      
      
        | 
           
			 | 
        3314.73 PASSING A 1/2" IRON ROD FOR THE SOUTHWEST CORNER OF SAID  | 
      
      
        | 
           
			 | 
        MORGAN TRACT, THE SAME BEING THE NORTHWEST CORNER OF THAT CERTAIN  | 
      
      
        | 
           
			 | 
        TRACT OF LAND DESCRIBED IN A DEED TO LOY RODERICK MAYFIELD AS  | 
      
      
        | 
           
			 | 
        RECORDED IN VOLUME 2889, PAGE 672 OF THE OFFICIAL PUBLIC RECORDS,  | 
      
      
        | 
           
			 | 
        GRAYSON COUNTY, TEXAS AND WITH THE WEST LINE OF SAID MAYFIELD TRACT  | 
      
      
        | 
           
			 | 
        FOR A TOTAL DISTANCE 5469.03 FEET TO A 5/8" IRON ROD WITH YELLOW  | 
      
      
        | 
           
			 | 
        PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER THE SAME BEING  | 
      
      
        | 
           
			 | 
        THE SOUTHEAST CORNER OF THE AFOREMENTIONED JACK M. DECORDOVA TRACT; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 88 DEGREES 58 MINUTES 51 SECONDS WEST, WITH THE SOUTH  | 
      
      
        | 
           
			 | 
        LINE OF SAID JACK M. DECORDOVA TRACT, IN BATES ROAD (AN APPARENT  | 
      
      
        | 
           
			 | 
        PERSCRIPTIVE RIGHT OF WAY) FOR A DISTANCE OF 2596.11 FEET TO A 1/2"  | 
      
      
        | 
           
			 | 
        CAPPED IRON ROD FOUND STAMPED "SARTIN" FOR CORNER IN THE EAST LINE  | 
      
      
        | 
           
			 | 
        OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO CHALLENGE MOTOR  | 
      
      
        | 
           
			 | 
        SPORTS AS RECORDED IN VOLUME 4224, PAGE 225, OFFICIAL PUBLIC  | 
      
      
        | 
           
			 | 
        RECORDS, GRAYSON COUNTY, TEXAS; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 00 DEGREES 40 MINUTES 14 SECONDS WEST, AT TIMES WITHIN  | 
      
      
        | 
           
			 | 
        SAID BATES ROAD, A DISTANCE OF 248.68 FEET A 5/8" IRON ROD WITH  | 
      
      
        | 
           
			 | 
        YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER AND  | 
      
      
        | 
           
			 | 
        BEING THE SOUTHEAST CORNER OF THE AFOREMENTIONED C.F. PELPHREY  | 
      
      
        | 
           
			 | 
        TRACT; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 88 DEGREES 23 MINUTES 47 SECONDS WEST, WITH THE SOUTH  | 
      
      
        | 
           
			 | 
        LINE OF SAID C.F. PHELPHREY TRACT AND GENERALLY ALONG SAID BATES  | 
      
      
        | 
           
			 | 
        ROAD A DISTANCE OF 1944.93 FEET TO A P.K. NAIL SET FOR CORNER AT THE  | 
      
      
        | 
           
			 | 
        INTERSECTION OF SAID BATES ROAD WITH RICE ROAD (AN APPARENT  | 
      
      
        | 
           
			 | 
        PERSCRIPTIVE RIGHT OF WAY) THE SAME BEING THE SOUTHWEST CORNER OF  | 
      
      
        | 
           
			 | 
        SAID C.F. PELPHREY TRACT; | 
      
      
        | 
           
			 | 
        THENCE NORTH 01 DEGREES 36 MINUTES 42 SECONDS EAST, WITH THE WEST  | 
      
      
        | 
           
			 | 
        LINE OF SAID PELPHREY TRACTS, AND GENERALLY ALONG SAID RICE AND  | 
      
      
        | 
           
			 | 
        SOUTHMAYD ROADS, A DISTANCE OF 5245.00 FEET TO THE POINT OF  | 
      
      
        | 
           
			 | 
        BEGINNING, CONTAINING 558.197 ACRES OR OF LAND MORE OR LESS. | 
      
      
        | 
           
			 | 
        TRACT 3 | 
      
      
        | 
           
			 | 
        BEING A 185.677 ACRE TRACT OF LAND SITUATED IN THE SAMUEL GILMAN  | 
      
      
        | 
           
			 | 
        SURVEY, ABSTRACT NO. 456, GRAYSON COUNTY, TEXAS, AND BEING ALL OF A  | 
      
      
        | 
           
			 | 
        185.677 ACRE TRACT OF LAND, CONVEYED TO WALTON TEXAS, L.P. BY DEED  | 
      
      
        | 
           
			 | 
        RECORDED IN VOLUME 4782, PAGE 760, OFFICIAL PUBLIC RECORDS, GRAYSON  | 
      
      
        | 
           
			 | 
        COUNTY, TEXAS, SAID 185.677 ACRE TRACT, WITH BEARING BASIS BEING  | 
      
      
        | 
           
			 | 
        GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE,  | 
      
      
        | 
           
			 | 
        NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS  | 
      
      
        | 
           
			 | 
        BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, CALCULATED  | 
      
      
        | 
           
			 | 
        FROM COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP (PID-DF8986),  | 
      
      
        | 
           
			 | 
        BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | 
      
      
        | 
           
			 | 
        BEGINNING AT A 1/2" IRON ROD FOND AT THE MOST WESTERLY SOUTHWEST  | 
      
      
        | 
           
			 | 
        CORNER OF SAID 185.677 ACRE TRACT, SAID POINT BEING ON THE EAST  | 
      
      
        | 
           
			 | 
        RIGHT-OF-WAY LINE OF F.M. HIGHWAY NO. 902 (A 100' RIGHT OF WAY); | 
      
      
        | 
           
			 | 
        THENCE, NORTH 00 DEGREES 36 MINUTES 33 SECONDS WEST, ALONG SAID EAST  | 
      
      
        | 
           
			 | 
        RIGHT OF WAY LINE, A DISTANCE OF 996.90 FEET TO A 60D NAIL FOUND FOR  | 
      
      
        | 
           
			 | 
        CORNER NEAR THE CENTER LINE OF A PUBLIC ROAD; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 88 DEGREES 59 MINUTES 45 SECONDS EAST, WITH THE  | 
      
      
        | 
           
			 | 
        GENERAL DIRECTION OF SAID CENTERLINE OF SAID PUBLIC ROAD, A  | 
      
      
        | 
           
			 | 
        DISTANCE OF 839.41 FEET TO A 1/2" IRON ROD WITH YELLOW PLASTIC CAP  | 
      
      
        | 
           
			 | 
        STAMPED "RPLS 5433" FOUND FOR AND ELL CORNER OF SAID 185.677 ACRE  | 
      
      
        | 
           
			 | 
        TRACT, SAID POINT BEING ON THE WEST LINE OF A 51.465 ACRE TRACT OF  | 
      
      
        | 
           
			 | 
        LAND CONVEYED BY DEED TO CHALLENGE MOTOR SPORTS, L.P., RECORDED IN  | 
      
      
        | 
           
			 | 
        VOLUME 4224, PAGE 225, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY,  | 
      
      
        | 
           
			 | 
        TEXAS; | 
      
      
        | 
           
			 | 
        THENCE, SOUTH 01 DEGREES 09 MINUTES 35 SECONDS WEST, ALONG SAID WEST  | 
      
      
        | 
           
			 | 
        LINE, A DISTANCE OF 18.26 FEET TO A 1/2" IRON ROD FOUND FOR AN ELL  | 
      
      
        | 
           
			 | 
        CORNER OF SAID 185.677 ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF  | 
      
      
        | 
           
			 | 
        SAID 51.465 ACRE TRACT; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 87 DEGREES 42 MINUTES 40 SECONDS EAST, ALONG THE NORTH  | 
      
      
        | 
           
			 | 
        LINE OF SAID 185.677 ACRE TRACT AND THE SOUTH LINE OF SAID 51.465  | 
      
      
        | 
           
			 | 
        ACRE TRACT, A DISTANCE OF 1953.64 FEET TO A 1/2" IRON ROD FOUND FOR  | 
      
      
        | 
           
			 | 
        CORNER; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 88 DEGREES 42 MINUTES 58 SECONDS EAST, CONTINUING  | 
      
      
        | 
           
			 | 
        ALONG SAID NORTH LINE OF 185.677 ACRE TRACT, A DISTANCE OF 664.80  | 
      
      
        | 
           
			 | 
        FEET TO A 1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433"  | 
      
      
        | 
           
			 | 
        FOUND FOR THE NORTHEAST CORNER OF SAID 185.677 ACRE TRACT, SAID  | 
      
      
        | 
           
			 | 
        POINT BEING THE ELL CORNER OF A 10.001 ACRE TRACT CONVEYED TO JESSE  | 
      
      
        | 
           
			 | 
        WHITTINGTON, RECORDED IN VOLUME 4272, PAGE 659, OFFICIAL PUBLIC  | 
      
      
        | 
           
			 | 
        RECORDS, GRAYSON COUNTY, TEXAS; | 
      
      
        | 
           
			 | 
        THENCE, ALONG THE EAST LINE OF SAID 185.677 ACRE TRACT, THE  | 
      
      
        | 
           
			 | 
        FOLLOWING COURSES AND DISTANCES | 
      
      
        | 
           
			 | 
               SOUTH 00 DEGREES 27 MINUTES 48 SECONDS EAST, ALONG THE WEST  | 
      
      
        | 
           
			 | 
        LINE OF SAID 10.001 ACRE TRACT, A DISTANCE OF 413.59 FEET TO A  | 
      
      
        | 
           
			 | 
        1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433"  | 
      
      
        | 
           
			 | 
        FOUND FOR CORNER, SAID POINT BEING THE SOUTHWEST CORNER OF  | 
      
      
        | 
           
			 | 
        SAID 10.001 ACRE TRACT AND THE NORTHWEST CORNER OF A 136.85  | 
      
      
        | 
           
			 | 
        ACRE TRACT OF LAND CONVEYED BY DEED TO SUTTER INVESTMENTS,  | 
      
      
        | 
           
			 | 
        L.P., RECORDED IN VOLUME 4224, PAGE 231, OFFICIAL PUBLIC  | 
      
      
        | 
           
			 | 
        RECORDS, GRAYSON COUNTY, TEXAS; | 
      
      
        | 
           
			 | 
               SOUTH 00 DEGREES 46 MINUTES 35 SECONDS EAST, ALONG THE WEST  | 
      
      
        | 
           
			 | 
        LINE OF SAID 136.85 ACRE TRACT, A DISTANCE OF 2334.85 FEET TO  | 
      
      
        | 
           
			 | 
        A 1" IRON PIPE FOUND FOR CORNER, SAID POINT BEING THE  | 
      
      
        | 
           
			 | 
        SOUTHWEST CORNER OF SAID 136.85 ACRE TRACT AND THE NORTHWEST  | 
      
      
        | 
           
			 | 
        CORNER OF 15.00 ACRE TRACT OF LAND CONVEYED BY DEED TO BILLY  | 
      
      
        | 
           
			 | 
        LYNN, RECORDED IN VOLUME 1462, PAGE 390, DEED RECORDS,  | 
      
      
        | 
           
			 | 
        GRAYSON COUNTY, TEXAS; | 
      
      
        | 
           
			 | 
               SOUTH 00 DEGREES 04 MINUTES 17 SECONDS WEST, ALONG THE WEST  | 
      
      
        | 
           
			 | 
        LINE OF SAID 15.00 ACRE TRACT, A DISTANCE OF 510.69 FEET TO A  | 
      
      
        | 
           
			 | 
        1/2" SQUARE IRON ROD FOUND FOR CORNER, SAID POINT BEING THE  | 
      
      
        | 
           
			 | 
        SOUTHWEST CORNER OF SAID 15.00 ACRE TRACT AND THE NORTHWEST  | 
      
      
        | 
           
			 | 
        CORNER OF A 16.866 ACRE TRACT OF LAND CONVEYED BY DEED TO  | 
      
      
        | 
           
			 | 
        JAMES D. HOOVER, RECORDED IN VOLUME 3245, PAGE 578, OFFICIAL  | 
      
      
        | 
           
			 | 
        PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID POINT ALSO LYING  | 
      
      
        | 
           
			 | 
        NEAR THE CENTER OF A PUBLIC ROAD KNOWN AS COBLER ROAD; | 
      
      
        | 
           
			 | 
               SOUTH 00 DEGREES 23 MINUTES 38 SECONDS EAST, ALONG THE WEST  | 
      
      
        | 
           
			 | 
        LINE OF SAID 16.866 ACRE TRACT AND WITH THE GENERAL DIRECTION  | 
      
      
        | 
           
			 | 
        OF THE CENTERLINE OF COBLER ROAD, A DISTANCE OF 407.48 FEET TO  | 
      
      
        | 
           
			 | 
        A 1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433"  | 
      
      
        | 
           
			 | 
        FOUND FOR THE SOUTHWEST CORNER OF SAID 185.677 ACRE TRACT,  | 
      
      
        | 
           
			 | 
        SAID POINT BEING AT THE INTERSECTION OF SAID COBLER ROAD AND A  | 
      
      
        | 
           
			 | 
        PUBLIC ROAD KNOWN AS MINNIS ROAD; | 
      
      
        | 
           
			 | 
        THENCE, SOUTH 89 DEGREES 02 MINUTES 11 SECONDS WEST, ALONG THE SOUTH  | 
      
      
        | 
           
			 | 
        LINE OF SAID 185.677 ACRE TRACT AND WITH THE GENERAL DIRECTION OF  | 
      
      
        | 
           
			 | 
        SAID COBLER ROAD, A DISTANCE OF 1748.05 FEET TO A 1/2" IRON ROD  | 
      
      
        | 
           
			 | 
        FOUND FOR CORNER; THE SOUTHWEST CORNER OF SAID 185.677 ACRE TRACT  | 
      
      
        | 
           
			 | 
        AND THE SOUTHEAST CORNER OF A 33.04 ACRE TRACT OF LAND CONVEYED BY  | 
      
      
        | 
           
			 | 
        DEED TO THOMAS W. BYROM, SR., RECORDED IN 3117, PAGE 40, OFFICIAL  | 
      
      
        | 
           
			 | 
        PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 00 DEGREES 49 MINUTES 46 SECONDS WEST, ALONG THE  | 
      
      
        | 
           
			 | 
        COMMON WEST LINE OF SAID 185.677 ACRE TRACT AND THE EAST LINE OF  | 
      
      
        | 
           
			 | 
        SAID 33.04 ACRE TRACT, A DISTANCE OF 2562.49 FEET TO A 1/2" IRON ROD  | 
      
      
        | 
           
			 | 
        FOUND FOR THE NORTHEAST CORNER OF SAID 33.04 ACRE TRACT AND THE  | 
      
      
        | 
           
			 | 
        SOUTHEAST CORNER OF A 12.352 ACRE TRACT OF LAND CONVEYED BY DEED TO  | 
      
      
        | 
           
			 | 
        THE MILDRED L. BROWN REVOCABLE TRUST, RECORDED IN VOLUME 3194, PAGE  | 
      
      
        | 
           
			 | 
        344, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 01 DEGREES 43 MINUTES 38 SECONDS WEST, CONTINUING  | 
      
      
        | 
           
			 | 
        ALONG THE WEST LINE OF SAID 185.677 ACRE TRACT AND THE COMMON EAST  | 
      
      
        | 
           
			 | 
        LINE OF SAID 12.352 ACRE TRACT, A DISTANCE OF 103.58 FEET TO A 1/2"  | 
      
      
        | 
           
			 | 
        IRON ROD FOUND FOR AND INTERIOR ELL CORNER OF SAID 185.677 ACRE  | 
      
      
        | 
           
			 | 
        TRACT AND THE NORTHEAST CORNER OF SAID 12.352 ACRE TRACT; | 
      
      
        | 
           
			 | 
        THENCE, SOUTH 88 DEGREES 06 MINUTES 00 SECONDS WEST, ALONG THE  | 
      
      
        | 
           
			 | 
        COMMON SOUTH LINE OF SAID 185.677 ACRE TRACT AND THE NORTH LINE OF  | 
      
      
        | 
           
			 | 
        SAID 12.352 ACRE TRACT, A DISTANCE OF 1695.09 FEET; TO THE POINT OF  | 
      
      
        | 
           
			 | 
        BEGINNING AND CONTAINING 185.677 ACRES LAND, MORE OR LESS. | 
      
      
        | 
           
			 | 
        TRACT 4 | 
      
      
        | 
           
			 | 
        BEING A 207.484 ACRE TRACT OF LAND SITUATED IN THE SAMUEL GILMAN  | 
      
      
        | 
           
			 | 
        SURVEY, ABSTRACT NO. 456 AND THE S. PRATHER SURVEY, ABSTRACT NO.  | 
      
      
        | 
           
			 | 
        934, GRAYSON COUNTY, TEXAS, AND BEING ALL OF A 207.51 ACRE TRACT OF  | 
      
      
        | 
           
			 | 
        LAND, CONVEYED AS TRACT 1 TO WALTON TEXAS, L.P., BY DEED RECORDED IN  | 
      
      
        | 
           
			 | 
        VOLUME 4861, PAGE 258, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY,  | 
      
      
        | 
           
			 | 
        TEXAS, SAID 207.484 ACRE TRACT, WITH BEARING BASIS BEING GRID  | 
      
      
        | 
           
			 | 
        NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83  | 
      
      
        | 
           
			 | 
        (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS BETWEEN  | 
      
      
        | 
           
			 | 
        JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, CALCULATED FROM  | 
      
      
        | 
           
			 | 
        COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP (PID-DF8986),  | 
      
      
        | 
           
			 | 
        BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | 
      
      
        | 
           
			 | 
        BEGINNING AT A 1/2" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID  | 
      
      
        | 
           
			 | 
        207.484 ACRE TRACT, SAID POINT BEING THE NORTHEAST CORNER OF A  | 
      
      
        | 
           
			 | 
        130.028 ACRE TRACT OF LAND CONVEYED BY DEED TO LITTLE CREEK  | 
      
      
        | 
           
			 | 
        INVESTMENTS, L.P., RECORDED IN VOLUME 3751, PAGE 802, OFFICIAL  | 
      
      
        | 
           
			 | 
        PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID POINT BEING ON THE WEST  | 
      
      
        | 
           
			 | 
        LINE OF F.M. HIGHWAY NO. 902 (A 100 FOOT RIGHT-OF-WAY) AND IN A  | 
      
      
        | 
           
			 | 
        PUBLIC ROAD KNOWN AS SPRING CREEK ROAD; | 
      
      
        | 
           
			 | 
        THENCE, SOUTH 89 DEGREES 47 MINUTES 51 SECONDS WEST, ALONG THE  | 
      
      
        | 
           
			 | 
        COMMON SOUTH LINE OF SAID 207.484 ACRE TRACT AND THE NORTH LINE OF  | 
      
      
        | 
           
			 | 
        SAID 130.028 ACRE TRACT, A DISTANCE OF 1751.93 FEET TO A 1/2" IRON  | 
      
      
        | 
           
			 | 
        ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 3688" FOUND FOR THE  | 
      
      
        | 
           
			 | 
        SOUTHWEST CORNER OF SAID 207.484 ACRE TRACT AND THE SOUTHEAST  | 
      
      
        | 
           
			 | 
        CORNER OF A 20.992 ACRE TRACT OF LAND CONVEYED BY DEED TO JOHN  | 
      
      
        | 
           
			 | 
        DANIEL BROWN JR. AND TWALLA Y. BROWN RECORDED IN VOLUME 4292, PAGE  | 
      
      
        | 
           
			 | 
        423, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 00 DEGREES 57 MINUTES 18 SECONDS EAST, ALONG THE  | 
      
      
        | 
           
			 | 
        COMMON WEST LINE OF SAID 207.484 ACRE TRACT AND THE EAST LINE OF  | 
      
      
        | 
           
			 | 
        SAID 20.992 ACRE TRACT, A DISTANCE OF 880.65 FEET TO A 1/2" IRON ROD  | 
      
      
        | 
           
			 | 
        WITH FOUND FOR AN INTERIOR ELL CORNER OF SAID 207.484 ACRE TRACT AND  | 
      
      
        | 
           
			 | 
        THE NORTHEAST CORNER OF SAID 20.992 ACRE TRACT; | 
      
      
        | 
           
			 | 
        THENCE, SOUTH 88 DEGREES 18 MINUTES 15 SECONDS WEST, ALONG THE  | 
      
      
        | 
           
			 | 
        COMMON SOUTH LINE OF SAID 207.484 ACRE TRACT AND THE NORTH LINE OF  | 
      
      
        | 
           
			 | 
        SAID 20.992 ACRE TRACT AND THE NORTH LINES OF A 9.000 ACRE TRACT OF  | 
      
      
        | 
           
			 | 
        LAND CONVEYED BY DEED TO JONATHAN L. HACKETT, RECORDED IN VOLUME  | 
      
      
        | 
           
			 | 
        3909, PAGE 579, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; A  | 
      
      
        | 
           
			 | 
        5.334 ACRE TRACT OF LAND CONVEYED BY DEED TO TIMOTHY A GARBACIK AND  | 
      
      
        | 
           
			 | 
        DEBBIE J. GARBACIK RECORDED IN VOLUME 3570, PAGE 885, OFFICIAL  | 
      
      
        | 
           
			 | 
        PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; AND A 13.000 ACRE TRACT OF  | 
      
      
        | 
           
			 | 
        LAND CONVEYED BY DEED TO DOYLE ALAN COULTER, RECORDED IN VOLUME  | 
      
      
        | 
           
			 | 
        3356, PAGE 501, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; A  | 
      
      
        | 
           
			 | 
        DISTANCE OF 2631.70 FEET TO A 1/2" IRON ROD FOUND FOR THE SOUTHWEST  | 
      
      
        | 
           
			 | 
        CORNER OF SAID 207.484 ACRE TRACT AND THE NORTHWEST CORNER OF SAID  | 
      
      
        | 
           
			 | 
        13.000 ACRE TRACT AND BEING ON THE EAST LINE OF A TRACT OF LAND  | 
      
      
        | 
           
			 | 
        CONVEYED BY WILL TO NANCY L. LINDSAY, RECORDED IN VOLUME 4039, PAGE  | 
      
      
        | 
           
			 | 
        877, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 01 DEGREES 06 MINUTES 22 SECONDS EAST, ALONG THE  | 
      
      
        | 
           
			 | 
        COMMON WEST LINE OF SAID 207.484 ACRE TRACT AND THE EAST LINE OF  | 
      
      
        | 
           
			 | 
        SAID LINDSAY TRACT, A DISTANCE OF 518.13 FEET TO A 60D NAIL FOUND IN  | 
      
      
        | 
           
			 | 
        FENCE POST FOR A NORTHWEST CORNER OF SAID 207.484 ACRE TRACT AND  | 
      
      
        | 
           
			 | 
        BEING THE SOUTHWEST CORNER OF A 78.974 ACRE TRACT OF LAND CONVEYED  | 
      
      
        | 
           
			 | 
        BY DEED TO TOW W. PINGLETON RECORDED IN VOLUME 4042, PAGE 73,  | 
      
      
        | 
           
			 | 
        OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; | 
      
      
        | 
           
			 | 
        THENCE, SOUTH 89 DEGREES 59 MINUTES 22 SECONDS EAST, ALONG THE  | 
      
      
        | 
           
			 | 
        COMMON NORTH LINE OF SAID 78.974 ACRE TRACT, A DISTANCE OF 409.90  | 
      
      
        | 
           
			 | 
        FEET TO A 1/2" IRON ROD FOUND FOR AND INTERIOR ELL CORNER OF SAID  | 
      
      
        | 
           
			 | 
        207.484 ACRE TRACT AND THE SOUTHEAST CORNER OF SAID 78.974 ACRE  | 
      
      
        | 
           
			 | 
        TRACT; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 01 DEGREES 11 MINUTES 10 SECONDS EAST, ALONG THE  | 
      
      
        | 
           
			 | 
        COMMON WEST LINE OF SAID 207.484 TRACT AND THE EAST LINE OF SAID  | 
      
      
        | 
           
			 | 
        78.974 ACRE TRACT, A DISTANCE OF 1352.83 FEET TO A 1/2" IRON ROD  | 
      
      
        | 
           
			 | 
        WITH PLASTIC CAP STAMPED "COX4577" FOUND FOR THE NORTHWEST CORNER  | 
      
      
        | 
           
			 | 
        OF SAID 207.484 ACRE TRACT; | 
      
      
        | 
           
			 | 
        THENCE, NORTH 88 DEGREES 22 MINUTES 08 SECONDS EAST, ALONG THE NORTH  | 
      
      
        | 
           
			 | 
        LINE OF SAID 207.484 ACRE TRACT, A DISTANCE OF 3816.13 FEET TO A  | 
      
      
        | 
           
			 | 
        5/8" IRON ROD WITH PLASTIC CAP STAMPED "PEISER SUR" FOUND FOR THE  | 
      
      
        | 
           
			 | 
        NORTHEAST CORNER OF SAID 207.484 ACRE TRACT, SAID POINT BEING ON THE  | 
      
      
        | 
           
			 | 
        AFORESAID WEST LINE OF F.M. HIGHWAY 902 AND BEING THE BEGINNING OF A  | 
      
      
        | 
           
			 | 
        NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 16 DEGREES  | 
      
      
        | 
           
			 | 
        45 MINUTES 31 SECONDS, A RADIUS OF 1860.00 FEET, AND A LONG CHORD  | 
      
      
        | 
           
			 | 
        THAT BEARS SOUTH 08 DEGREES 38 MINUTES 43 SECONDS EAST, A DISTANCE  | 
      
      
        | 
           
			 | 
        OF 542.10 FEET; | 
      
      
        | 
           
			 | 
        THENCE, ALONG SAID NON-TANGENT CURVE TO THE RIGHT AND THE COMMON  | 
      
      
        | 
           
			 | 
        EAST LINE OF SAID 207.484 ACRE TRACT AND SAID WEST LINE OF F.M.  | 
      
      
        | 
           
			 | 
        HIGHWAY 902, AN ARC DISTANCE OF 544.04 FEET TO A 5/8" IRON ROD WITH  | 
      
      
        | 
           
			 | 
        PLASTIC CAP STAMPED "PEISER SUR" FOUND FOR CORNER; | 
      
      
        | 
           
			 | 
        THENCE, SOUTH 00 DEGREES 36 MINUTES 33 SECONDS EAST, CONTINUING  | 
      
      
        | 
           
			 | 
        ALONG SAID COMMON LINE, A DISTANCE OF 2239.76 FEET TO THE POINT OF  | 
      
      
        | 
           
			 | 
        BEGINNING AND CONTAINING 207.484 ACRES LAND, MORE OR LESS. | 
      
      
        | 
           
			 | 
               SECTION 3.03.  (a)  The legal notice of the intention to  | 
      
      
        | 
           
			 | 
        introduce this article, setting forth the general substance of this  | 
      
      
        | 
           
			 | 
        article, has been published as provided by law, and the notice and a  | 
      
      
        | 
           
			 | 
        copy of this article 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 article to the Texas Commission on  | 
      
      
        | 
           
			 | 
        Environmental Quality. | 
      
      
        | 
           
			 | 
               (c)  The Texas Commission on Environmental Quality has filed  | 
      
      
        | 
           
			 | 
        its recommendations relating to this article 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 article are  | 
      
      
        | 
           
			 | 
        fulfilled and accomplished. | 
      
      
        | 
           
			 | 
               SECTION 3.04.  (a)  Section 8249.106, Special District Local  | 
      
      
        | 
           
			 | 
        Laws Code, as added by Section 3.01 of this article, takes effect  | 
      
      
        | 
           
			 | 
        only if this Act receives a two-thirds vote of all the members  | 
      
      
        | 
           
			 | 
        elected to each house. | 
      
      
        | 
           
			 | 
               (b)  If this Act does not receive a two-thirds vote of all the  | 
      
      
        | 
           
			 | 
        members elected to each house, Subchapter C, Chapter 8249, Special  | 
      
      
        | 
           
			 | 
        District Local Laws Code, as added by Section 3.01 of this article,  | 
      
      
        | 
           
			 | 
        is amended by adding Section 8249.106 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 8249.106.  NO EMINENT DOMAIN POWER.  The district may  | 
      
      
        | 
           
			 | 
        not exercise the power of eminent domain. | 
      
      
        | 
           
			 | 
               (c)  This section is not intended to be an expression of a  | 
      
      
        | 
           
			 | 
        legislative interpretation of the requirements of Section 17(c),  | 
      
      
        | 
           
			 | 
        Article I, Texas Constitution. | 
      
      
        | 
           
			 | 
               SECTION 3.05.  Except as provided by Section 3.04 of this  | 
      
      
        | 
           
			 | 
        article, this article takes effect September 1, 2011. | 
      
      
        |   | 
      
      
        |   | 
      
      
        |   | 
        ______________________________ | 
        ______________________________ | 
      
      
        |   | 
           President of the Senate | 
        Speaker of the House      | 
      
      
        |   | 
      
      
        |   | 
      
      
        | 
           		
			 | 
               I certify that H.B. No. 534 was passed by the House on April  | 
      
      
        | 
           		
			 | 
        7, 2011, by the following vote:  Yeas 144, Nays 0, 1 present, not  | 
      
      
        | 
           		
			 | 
        voting; and that the House concurred in Senate amendments to H.B.  | 
      
      
        | 
           		
			 | 
        No. 534 on May 24, 2011, by the following vote:  Yeas 142, Nays 0, 2  | 
      
      
        | 
           		
			 | 
        present, not voting. | 
      
      
        | 
           		
			 | 
         | 
      
      
        | 
           		
			 | 
        ______________________________ | 
      
      
        | 
           		
			 | 
        Chief Clerk of the House    | 
      
      
        |   | 
      
      
        | 
           		
			 | 
               I certify that H.B. No. 534 was passed by the Senate, with  | 
      
      
        | 
           		
			 | 
        amendments, on May 21, 2011, by the following vote:  Yeas 31, Nays  | 
      
      
        | 
           		
			 | 
        0. | 
      
      
        | 
           		
			 | 
         | 
      
      
        | 
           		
			 | 
        ______________________________ | 
      
      
        | 
           		
			 | 
        Secretary of the Senate    | 
      
      
        | 
           		
			 | 
        APPROVED: __________________ | 
      
      
        | 
           		
			 | 
                        Date        | 
      
      
        | 
           		
			 | 
          | 
      
      
        | 
           		
			 | 
                 __________________ | 
      
      
        | 
           		
			 | 
                      Governor        |