85R26935 JCG-F
	By: Holland	H.B. No. 4294
	Substitute the following for H.B. No. 4294:
	By:  Cortez	C.S.H.B. No. 4294

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the North Celina Municipal Management
	District No. 3; providing a limited authority of eminent domain;
	providing authority to impose taxes, levy assessments, and issue
	bonds.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle C, Title 4, Special District Local Laws
	Code, is amended by adding Chapter 3959 to read as follows:
	CHAPTER 3959.  NORTH CELINA MUNICIPAL MANAGEMENT DISTRICT NO. 3
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 3959.001.  DEFINITIONS. In this chapter:
	(1)  "Board" means the district's board of directors.
	(2)  "City" means the City of Celina, Texas.
	(3)  "Commission" means the Texas Commission on
	Environmental Quality.
	(4)  "Director" means a board member.
	(5)  "District" means the North Celina Municipal
	Management District No. 3.
	Sec. 3959.002.  CREATION AND NATURE OF DISTRICT. The
	district is a special district created under Sections 52 and 52-a,
	Article III, and Section 59, Article XVI, Texas Constitution.
	Sec. 3959.003.  PURPOSE; LEGISLATIVE FINDINGS. (a) The
	creation of the district is essential to accomplish the purposes of
	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
	Texas Constitution, and other public purposes stated in this
	chapter. By creating the district and in authorizing the city and
	other political subdivisions to contract with the district, the
	legislature has established a program to accomplish the public
	purposes set out in Section 52-a, Article III, Texas Constitution.
	(b)  The creation of the district is necessary to promote,
	develop, encourage, and maintain employment, commerce,
	transportation, housing, tourism, recreation, the arts,
	entertainment, economic development, safety, and the public
	welfare in the district.
	(c)  The district is created to supplement and not to
	supplant city services provided in the district.
	Sec. 3959.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
	The district is created to serve a public use and benefit.
	(b)  All land and other property included in the district
	will benefit from the improvements and services to be provided by
	the district under powers conferred by Sections 52 and 52-a,
	Article III, and Section 59, Article XVI, Texas Constitution, and
	other powers granted under this chapter.
	(c)  The creation of the district is in the public interest
	and is essential to further the public purposes of:
	(1)  developing and diversifying the economy of the
	state;
	(2)  eliminating unemployment and underemployment;
	(3)  developing or expanding transportation and
	commerce; and
	(4)  providing quality residential housing.
	(d)  The district will:
	(1)  promote the health, safety, and general welfare of
	residents, employers, potential employees, employees, visitors,
	and consumers in the district, and of the public;
	(2)  provide needed funding for the district to
	preserve, maintain, and enhance the economic health and vitality of
	the district territory as a residential community and business
	center; and
	(3)  promote the health, safety, welfare, and enjoyment
	of the public by providing pedestrian ways and by landscaping and
	developing certain areas in the district, which are necessary for
	the restoration, preservation, and enhancement of scenic beauty.
	(e)  Pedestrian ways along or across a street, whether at
	grade or above or below the surface, and street lighting, street
	landscaping, vehicle parking, and street art objects are parts of
	and necessary components of a street and are considered to be an
	improvement project that includes a street or road improvement.
	(f)  The district will not act as the agent or
	instrumentality of any private interest even though the district
	will benefit many private interests as well as the public.
	Sec. 3959.005.  INITIAL DISTRICT TERRITORY. (a) The
	district is initially composed of the territory described by
	Section 2 of the Act enacting this chapter.
	(b)  The boundaries and field notes contained in Section 2 of
	the Act enacting this chapter form a closure. A mistake in the
	field notes or in copying the field notes in the legislative process
	does not affect the district's:
	(1)  organization, existence, or validity;
	(2)  right to issue any type of bond for the purposes
	for which the district is created or to pay the principal of and
	interest on a bond;
	(3)  right to impose or collect an assessment or tax; or
	(4)  legality or operation.
	Sec. 3959.006.  APPLICABILITY OF MUNICIPAL MANAGEMENT
	DISTRICT LAW.  Except as provided by this chapter, Chapter 375,
	Local Government Code, applies to the district.
	Sec. 3959.007.  CONFIRMATION AND DIRECTORS' ELECTION
	REQUIRED.  The initial directors shall hold an election to confirm
	the creation of the district and to elect five permanent directors
	as provided by Section 49.102, Water Code.
	Sec. 3959.008.  CONSENT OF MUNICIPALITY REQUIRED. The
	initial directors may not hold an election under Section 3959.007
	until each municipality in whose corporate limits or
	extraterritorial jurisdiction the district is located has
	consented by ordinance or resolution to the creation of the
	district and to the inclusion of land in the district.
	Sec. 3959.009.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
	(a)  All or any part of the area of the district is eligible to be
	included in:
	(1)  a tax increment reinvestment zone created under
	Chapter 311, Tax Code;
	(2)  a tax abatement reinvestment zone created under
	Chapter 312, Tax Code; or
	(3)  an enterprise zone created under Chapter 2303,
	Government Code.
	(b)  If the city creates a tax increment reinvestment zone
	described by Subsection (a), the city and the board of directors of
	the zone, by contract with the district, may grant money deposited
	in the tax increment fund to the district to be used by the district
	for:
	(1)  the purposes permitted for money granted to a
	corporation under Section 380.002(b), Local Government Code; and
	(2)  any other district purpose, including the right to
	pledge the money as security for any bonds or other obligations
	issued by the district under Section 3959.201.
	(c)  If the city creates a tax increment reinvestment zone
	described by Subsection (a), the city may determine the percentage
	of the property in the zone that may be used for residential
	purposes and is not subject to the limitations provided by Section
	311.006, Tax Code.
	Sec. 3959.010.  EFFECT OF ANNEXATION. Notwithstanding any
	other law, if all of the territory of the district is annexed by the
	city into the city's corporate limits, the district:
	(1)  retains all of the district's outstanding debt and
	obligations;
	(2)  is not dissolved; and
	(3)  continues to operate under this chapter until the
	district is dissolved under Subchapter F.
	Sec. 3959.011.  CONSTRUCTION OF CHAPTER. This chapter shall
	be construed liberally in conformity with the findings and purposes
	stated in this chapter.
	SUBCHAPTER B.  BOARD OF DIRECTORS
	Sec. 3959.051.  GOVERNING BODY; TERMS.  (a) The district is
	governed by a board of five elected directors.
	(b)  Except as provided by Section 3959.054, directors serve
	staggered four-year terms, with two or three directors' terms
	expiring June 1 of each odd-numbered year.
	Sec. 3959.052.  BOARD MEETINGS. The board shall hold
	meetings at a place accessible to the public and located in the
	city.
	Sec. 3959.053.  REMOVAL OF DIRECTORS. (a) The board may
	remove a director by unanimous vote of the other directors if the
	director has missed at least half of the meetings scheduled during
	the preceding 12 months.
	(b)  A director removed under this section may file a written
	appeal with the commission not later than the 30th day after the
	date the director receives written notice of the board action. The
	commission may reinstate the director if the commission finds that
	the removal was unwarranted under the circumstances after
	considering the reasons for the absences, the time and place of the
	meetings, the business conducted at the meetings missed, and any
	other relevant circumstances.
	Sec. 3959.054.  INITIAL DIRECTORS. (a) The initial board
	consists of:
	Pos. No.   Name of Director
	1          John Peavy
	2          Charles Taylor
	3          Steve Cook
	4          Paul Schlosberg
	5          Russell Miller
	(b)  Initial directors serve until the earlier of:
	(1)  the date permanent directors are elected under
	Section 3959.007; or
	(2)  the fourth anniversary of the effective date of
	the Act enacting this chapter.
	(c)  If permanent directors have not been elected under
	Section 3959.007 and the terms of the initial directors have
	expired, successor initial directors shall be appointed or
	reappointed as provided by Subsection (d) to serve terms that
	expire on the earlier of:
	(1)  the date permanent directors are elected under
	Section 3959.007; or
	(2)  the fourth anniversary of the date of the
	appointment or reappointment.
	(d)  If Subsection (c) applies, the owner or owners of a
	majority of the assessed value of the real property in the district
	according to the most recent certified tax appraisal rolls for the
	county may submit a petition to the commission requesting that the
	commission appoint as successor initial directors the five persons
	named in the petition.  The commission shall appoint as successor
	initial directors the five persons named in the petition.
	SUBCHAPTER C.  POWERS AND DUTIES
	Sec. 3959.101.  GENERAL POWERS AND DUTIES.  The district has
	the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 3959.102.  PUBLIC IMPROVEMENT DISTRICT POWERS.  The
	district has the powers provided by Chapter 372, Local Government
	Code, to a municipality or county.
	Sec. 3959.103.  IMPROVEMENT PROJECTS AND SERVICES. (a)
	Subject to Subsection (c), the district may provide, design,
	construct, acquire, improve, relocate, operate, maintain, or
	finance an improvement project or service using money available to
	the district, or contract with a governmental or private entity to
	provide, design, construct, acquire, improve, relocate, operate,
	maintain, or finance an improvement project or service authorized
	under this chapter or Chapter 375, Local Government Code.
	(b)  The district may undertake an improvement project or
	service that confers a special benefit on a definable area in the
	district and levy and collect a special assessment on benefited
	property in the district in accordance with:
	(1)  Chapter 372, Local Government Code; or
	(2)  Chapter 375, Local Government Code.
	(c)  The district may not construct or finance an improvement
	project, other than a water, sewer, or drainage facility or road,
	without obtaining the written consent of the city's governing body.
	Sec. 3959.104.  LOCATION OF IMPROVEMENT PROJECT. A district
	improvement project may be located inside or outside of the
	district.
	Sec. 3959.105.  OWNERSHIP OF IMPROVEMENT PROJECTS. (a)
	Before a district improvement project may be put into operation,
	the district must transfer ownership of the project to the city.
	(b)  The transfer of ownership is complete on the city's
	acceptance of ownership.
	Sec. 3959.106.  RETAIL WATER AND SEWER SERVICES PROHIBITED.
	The district may not provide retail water or sewer services.
	Sec. 3959.107.  ADDING OR REMOVING TERRITORY. (a) Subject
	to Subsections (b) and (c), the board may add or remove territory as
	provided by Subchapter J, Chapter 49, Water Code.
	(b)  The district may add territory as described by
	Subsection (a) only if the district obtains written consent from
	the governing body of the city.
	(c)  The district and any district created under Section
	3959.108 may not add a total area of more than 100 acres.
	Sec. 3959.108.  DIVISION OF DISTRICT.  (a)  The district may
	be divided into two or more new districts only if the district:
	(1)  has no outstanding bonded debt; and
	(2)  is not imposing ad valorem taxes.
	(b)  This chapter applies to any new district created by the
	division of the district, and a new district has all the powers and
	duties of the district.
	(c)  Any 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 2 of the Act enacting this
	chapter.
	(d)  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.
	(e)  The board may adopt an order dividing the district
	before or after the date the board holds an election under Section
	3959.007 to confirm the creation of the district.
	(f)  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 initial directors for each new district;
	and
	(4)  provide for the division of assets and liabilities
	between or among the new districts.
	(g)  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.
	(h)  Any new district created by the division of the district
	shall hold a confirmation and directors' election as required by
	Section 3959.007.
	(i)  Municipal consent to the creation of the district and to
	the inclusion of land in the district granted under Section
	3959.008 acts as municipal consent to the creation of any new
	district created by the division of the district and to the
	inclusion of land in the new district.
	(j)  Any new district created by the division of the district
	must hold an election as required by this chapter to obtain voter
	approval before the district may impose a maintenance tax or issue
	bonds payable wholly or partly from ad valorem taxes.
	(k)  If the creation of the new district is confirmed, the
	new district shall provide the election date and results to the
	commission.
	Sec. 3959.109.  LIMITED EMINENT DOMAIN POWER. The district
	may not exercise the power of eminent domain unless the district
	obtains written consent from the governing body of the city.
	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
	Sec. 3959.151.  DISBURSEMENTS AND TRANSFERS OF MONEY. The
	board by resolution shall establish the number of directors'
	signatures and the procedure required for a disbursement or
	transfer of the district's money.
	Sec. 3959.152.  MONEY USED FOR IMPROVEMENTS OR SERVICES.
	The district may acquire, construct, operate, maintain, or finance
	an improvement project or service authorized by this chapter or
	Chapter 375, Local Government Code, using any money available to
	the district.
	Sec. 3959.153.  METHOD OF NOTICE FOR HEARING. The district
	may mail the notice required by Section 375.115(c), Local
	Government Code, by certified or first class United States mail.
	The board shall determine the method of notice.
	Sec. 3959.154.  ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
	The board by order may impose and collect an assessment for any
	purpose authorized by this chapter in all or any part of the
	district in the manner provided for:
	(1)  a district under Subchapters A, E, and F, Chapter
	375, Local Government Code; or
	(2)  a municipality or county under Subchapter A,
	Chapter 372, Local Government Code.
	(b)  An assessment, a reassessment, or an assessment
	resulting from an addition to or correction of the assessment roll
	by the district, penalties and interest on an assessment or
	reassessment, an expense of collection, and reasonable attorney's
	fees incurred by the district are:
	(1)  a first and prior lien against the property
	assessed;
	(2)  superior to any other lien or claim other than a
	lien or claim for county, school district, or municipal ad valorem
	taxes; and
	(3)  the personal liability of and a charge against the
	owners of the property even if the owners are not named in the
	assessment proceedings.
	(c)  The lien is effective from the date of the board's
	resolution imposing the assessment until the date the assessment is
	paid. The board may enforce the lien in the same manner that the
	board may enforce an ad valorem tax lien against real property.
	(d)  The board may make a correction to or deletion from the
	assessment roll that does not increase the amount of assessment of
	any parcel of land without providing notice and holding a hearing in
	the manner required for additional assessments.
	(e)  The district may not impose an assessment on a
	municipality, county, or other political subdivision.
	Sec. 3959.155.  NOTICE OF ASSESSMENTS. Annually, the board
	shall file with the secretary of the city written notice that
	specifies the assessments the district will impose in the
	district's next fiscal year in sufficient clarity to describe the
	assessments for the operation and maintenance of the district and
	the assessments for the payment of debt service of obligations
	issued or incurred by the district.
	SUBCHAPTER E.  TAXES AND BONDS
	Sec. 3959.201.  BONDS AND OTHER OBLIGATIONS. (a) The
	district may issue, by public or private sale, bonds, notes, or
	other obligations payable wholly or partly from ad valorem taxes or
	assessments in the manner provided by:
	(1)  Subchapter J, Chapter 375, Local Government Code;
	or
	(2)  Subchapter A, Chapter 372, Local Government Code,
	if the improvements financed by an obligation issued under this
	section will be conveyed to or operated and maintained by a
	municipality or other retail utility provider pursuant to an
	agreement with the district entered into before the issuance of the
	obligation.
	(b)  In exercising the district's borrowing power, the
	district may issue a bond or other obligation in the form of a bond,
	note, certificate of participation or other instrument evidencing a
	proportionate interest in payments to be made by the district, or
	other type of obligation.
	(c)  In addition to the sources of money described by
	Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
	Government Code, district bonds may be secured and made payable
	wholly or partly by a pledge of any part of the money the district
	receives from improvement revenue or from any other source.
	(d)  Not later than the 30th day before the date the district
	holds a bond sale, the district shall provide the governing body of
	the city written notice of the sale.
	(e)  The district may issue bonds, notes, or other
	obligations to maintain or repair an existing improvement project
	only if the district obtains written consent from the governing
	body of the city.
	SUBCHAPTER F.  DISSOLUTION
	Sec. 3959.251.  DISSOLUTION BY CITY ORDINANCE. (a) The
	governing body of the city may dissolve the district by ordinance.
	(b)  The governing body may not dissolve the district until:
	(1)  water, sanitary, sewer, and drainage improvements
	and roads have been constructed to serve at least 80 percent of the
	net developable territory of the district; and
	(2)  the district has reimbursed a developer in the
	district for all costs advanced to or on behalf of the district.
	(c)  Until the district is dissolved, the district is
	responsible for all bonds and other obligations of the district.
	Sec. 3959.252.  COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
	(a) If the dissolved district has bonds or other obligations
	outstanding secured by and payable from assessments or other
	revenue, other than revenue from ad valorem taxes:
	(1)  the assessments remain in effect; and
	(2)  the city shall succeed to the rights and
	obligations of the district regarding enforcement and collection of
	the assessments or other revenue.
	(b)  The city shall have and exercise all district powers to
	enforce and collect the assessments or other revenue to pay:
	(1)  the bonds or other obligations when due and
	payable according to their terms; or
	(2)  special revenue or assessment bonds or other
	obligations issued by the city to refund the outstanding bonds or
	obligations.
	Sec. 3959.253.  ASSUMPTION OF ASSETS AND LIABILITIES. After
	the city dissolves the district, the city assumes, subject to the
	appropriation and availability of funds, the obligations of the
	district, including any bonds or other debt payable from taxes,
	assessments, or other district revenue and any assets of the
	district.
	SECTION 2.  The North Celina Municipal Management District
	No. 3 initially includes all the territory contained in the
	following area:
	TRACT 1: 2178 ACRES MORE OR LESS
	LEGAL DESCRIPTION CONSISTING OF 2178.085 ACRES MORE OR LESS BY
	COMPILING DEEDS DESCRIBED AS TRACT II IN THE DEED TO DYNAVEST JOINT
	VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE DEED RECORDS OF
	COLLIN COUNTY, TEXAS, A 218.360 ACRE TRACT OF LAND DESCRIBED AS
	TRACT NO. 1, A CALLED 161.910 ACRE TRACT OF LAND DESCRIBED AS TRACT
	NO. 2 IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME
	2288, PAGE 125 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS AND A
	1215.843 ACRE TRACT DESCRIBED IN THE DEED TO DYNAVEST JOINT VENTURE
	AS RECORDED IN VOLUME 2288, PAGE 110, OF THE DEED RECORDS OF COLLIN
	COUNTY, TEXAS.
	BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J. W.
	HAYNES SURVEY, ABSTRACT # 453, J, CUMBA SURVEY, ABSTRACT # 242, THE
	J DAVIS SURVEY, ABSTRACT # 254, THE B.B.B. & C.R.R. SURVEY, ABSTRACT
	# 131, THE H. COCHRAN SURVEY, ABSTRACT # 192, THE T & P. RR CO.
	SURVEY, ABSTRACT # 1054, THE J.F. SMILEY SURVEY, ABSTRACT 869, THE
	J. WORRALL SURVEY, ABSTRACT # 1036, THE J. QUEEN SURVEY, ABSTRACT #
	733, THE J. H. BIGGS SURVEY, ABSTRACT # 51, THE E. ALEXANDER SURVEY,
	ABSTRACT # 19, THE SA & MG RR CO SURVEY, ABSTRACT # 876 AND THE P.
	NEWSON, SURVEY, ABSTRACT # 665 AND BEING ALL OF A CALLED 579.400
	ACRE TRACT OF LAND DESCRIBED AS TRACT II IN THE DEED TO DYNAVEST
	JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE DEED
	RECORDS OF COLLIN COUNTY, TEXAS, ALL OF A CALLED 218.360 ACRE TRACT
	OF LAND DESCRIBED AS TRACT NO. 1 AND ALL OF A CALLED 161.910 ACRE
	TRACT OF LAND DESCRIBED AS TRACT NO. 2 IN THE DEED TO DYNAVEST JOINT
	VENTURE AS RECORDED IN VOLUME 2288, PAGE 125 OF THE DEED RECORDS OF
	COLLIN COUNTY, TEXAS AND ALL OF A CALLED 1215.843 ACRE TRACT
	DESCRIBED IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN
	VOLUME 2288, PAGE 110, OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
	AND BEING MORE PARTICULAR DESCRIBED AS FOLLOWS:
	BEGINNING AT A THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED
	HEREIN AT THE SOUTHWEST CORNER OF SAID 579.400 ACRE TRACT IN THE
	NORTH RIGHT-OF-WAY LINE OF F. M. # 455;
	THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST A DISTANCE OF
	6447.04 FEET TO A POINT FOR CORNER AT THE NORTHWEST CORNER OF SAID
	579.400 ACRE TRACT;
	THENCE SOUTH 89 DEGREES 27 MINUTES 28 SECONDS EAST A DISTANCE OF
	2678.28 FEET TO A POINT FOR CORNER;
	THENCE NORTH 00 DEGREES 23 MINUTES 38 SECONDS EAST A DISTANCE OF
	1013.53 FEET TO A POINT FOR CORNER AT THE MOST NORTHERLY NORTHWEST
	CORNER OF SAID 579.400 ACRE TRACT;
	THENCE NORTH 89 DEGREES 27 MINUTES 02 SECONDS EAST A DISTANCE OF
	2192.86 FEET TO A POINT FOR CORNER IN ELM CREEK;
	THENCE NORTH 41 DEGREES 45 MINUTES 00 SECONDS EAST ALONG THE CENTER
	OF ELM CREEK A DISTANCE OF 693.00 FEET TO A POINT FOR CORNER;
	THENCE NORTH 48 DEGREES 30 MINUTES 00 SECONDS EAST ALONG THE CENTER
	OF ELM CREEK A DISTANCE OF 417.00 FEET TO A POINT FOR CORNER;
	THENCE NORTH 10 DEGREES 40 MINUTES 00 SECONDS EAST ALONG THE CENTER
	OF ELM CREEK A DISTANCE OF 274.20 FEET TO A POINT FOR CORNER;
	THENCE NORTH 74 DEGREES 54 MINUTES 00 SECONDS EAST ALONG THE CENTER
	OF ELM CREEK A DISTANCE OF 211.00 FEET TO A POINT FOR CORNER;
	THENCE NORTH 65 DEGREES 52 MINUTES 00 SECONDS EAST ALONG THE CENTER
	OF ELM CREEK A DISTANCE OF 282.00 FEET TO A POINT FOR CORNER;
	THENCE NORTH 26 DEGREES 53 MINUTES 00 SECONDS EAST ALONG THE CENTER
	OF ELM CREEK A DISTANCE OF 1077.50 FEET TO A POINT FOR CORNER TO THE
	MOST NORTHERLY NORTHWEST CORNER OF SAID 1215.843 ACRE TRACT;
	THENCE SOUTH 87 DEGREES 54 MINUTES 00 SECONDS EAST A DISTANCE OF
	271.00 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 89 DEGREES 54 MINUTES 00 SECONDS EAST A DISTANCE OF
	127.00 FEET TO A POINT FOR CORNER;
	THENCE NORTH 88 DEGREES 58 MINUTES 00 SECONDS EAST A DISTANCE OF
	560.00 FEET TO A POINT FOR CORNER;
	THENCE NORTH 87 DEGREES 46 MINUTES 00 SECONDS EAST A DISTANCE OF
	917.00 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 86 DEGREES 43 MINUTES 00 SECONDS EAST A DISTANCE OF
	411.00 FEET TO A POINT FOR CORNER TO THE MOST NORTHERLY NORTHEAST
	CORNER OF SAID 1215.843 ACRE TRACT
	THENCE SOUTH 01 DEGREES 44 MINUTES 00 SECONDS EAST A DISTANCE OF
	889.00 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 58 DEGREES 17 MINUTES 00 SECONDS EAST A DISTANCE OF
	675.00 FEET TO A POINT FOR CORNER;
	THENCE NORTH 89 DEGREES 55 MINUTES 00 SECONDS EAST A DISTANCE OF
	611.00 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 00 DEGREES 52 MINUTES 00 SECONDS WEST A DISTANCE OF
	529.00 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 00 DEGREES 19 MINUTES 00 SECONDS WEST A DISTANCE OF
	3775.00 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 03 DEGREES 39 MINUTES 54 SECONDS WEST A DISTANCE OF
	491.83 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 00 DEGREES 21 MINUTES 00 SECONDS WEST A DISTANCE OF
	271.50 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 02 DEGREES 03 MINUTES 09 SECONDS EAST A DISTANCE OF
	560.34 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 86 DEGREES 42 MINUTES 28 SECONDS WEST A DISTANCE OF
	66.00 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 01 DEGREES 07 MINUTES 18 SECONDS EAST A DISTANCE OF
	2883.84 FEET TO A POINT FOR CORNER AT THE MOST EASTERLY SOUTHEAST
	CORNER OF SAID 1215.843 ACRE TRACT AND THE NORTHEAST CORNER OF SAID
	161.91 ACRE TRACT;
	THENCE SOUTH 01 DEGREES 59 MINUTES 59 SECONDS EAST A DISTANCE OF
	271.54 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 02 DEGREES 49 MINUTES 01 SECONDS EAST A DISTANCE OF
	698.98 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 02 DEGREES 27 MINUTES 24 SECONDS EAST A DISTANCE OF
	849.68 FEET TO A POINT FOR CORNER TO THE SOUTHEAST CORNER OF SAID
	161.91 ACRE TRACT;
	THENCE SOUTH 88 DEGREES 39 MINUTES 30 SECONDS WEST A DISTANCE OF
	2104.21 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 87 DEGREES 44 MINUTES 05 SECONDS WEST A DISTANCE OF
	986.67 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 89 DEGREES 09 MINUTES 32 SECONDS WEST A DISTANCE OF
	508.11 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 87 DEGREES 55 MINUTES 18 SECONDS WEST A DISTANCE OF
	230.84 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 88 DEGREES 45 MINUTES 02 SECONDS WEST A DISTANCE OF
	285.38 FEET TO A POINT FOR CORNER;
	THENCE NORTH 74 DEGREES 25 MINUTES 03 SECONDS WEST A DISTANCE OF
	1160.29 FEET TO A POINT FOR CORNER;
	THENCE NORTH 74 DEGREES 36 MINUTES 18 SECONDS WEST A DISTANCE OF
	404.97 FEET TO A POINT FOR CORNER TO A POINT IN THE NORTH
	RIGHT-OF-WAY LINE OF FM # 455;
	THENCE NORTH 15 DEGREES 23 MINUTES 42 SECONDS EAST WITH SAID
	RIGHT-OF-WAY LINE A DISTANCE OF 40.00 FEET TO A POINT FOR CORNER;
	THENCE NORTH 74 DEGREES 36 MINUTES 18 SECONDS WEST WITH SAID
	RIGHT-OF-WAY LINE A DISTANCE OF 179.93 FEET TO A POINT FOR CORNER;
	THENCE NORTH 52 DEGREES 06 MINUTES 25 SECONDS WEST WITH SAID
	RIGHT-OF-WAY LINE A DISTANCE OF 697.67 FEET TO A POINT FOR CORNER;
	THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE
	LEFT WITH AN ARC LENGTH OF363.14 FEET, WITH A RADIUS OF 986.86 FEET,
	WITH A CHORD BEARING OF NORTH 62 DEGREES 38 MINUTES 55 SECONDS WEST,
	AND WITH A CHORD LENGTH OF 361.09 FEET TO A POINT FOR CORNER;
	THENCE NORTH 73 DEGREES 11 MINUTES 25 SECONDS WEST WITH SAID
	RIGHT-OF-WAY LINE A DISTANCE OF 199.75 FEET TO A POINT FOR CORNER;
	THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE
	LEFT WITH AN ARC LENGTH OF 254.11 FEET, WITH A RADIUS OF 1367.32
	FEET, WITH A CHORD BEARING OF NORTH 78 DEGREES 37 MINUTES 35 SECONDS
	WEST, AND WITH A CHORD LENGTH OF 253.75 FEET;
	THENCE NORTH 83 DEGREES 34 MINUTES 06 SECONDS WEST WITH SAID
	RIGHT-OF-WAY LINE A DISTANCE OF 104.02 FEET TO A POINT FOR CORNER;
	THENCE NORTH 83 DEGREES 34 MINUTES 06 SECONDS WEST WITH SAID
	RIGHT-OF-WAY LINE A DISTANCE OF 2140.11 FEET TO A POINT FOR CORNER;
	THENCE WITH SAID RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO THE
	RIGHT WITH AN ARC LENGTH OF 283.92 FEET, WITH A RADIUS OF 528.70
	FEET, WITH A CHORD BEARING OF NORTH 68 DEGREES 22 MINUTES 06 SECONDS
	WEST, AND WITH A CHORD LENGTH OF 280.52 FEET TO A POINT FOR CORNER,;
	THENCE NORTH 53 DEGREES 10 MINUTES 06 SECONDS WEST WITH SAID
	RIGHT-OF-WAY LINE A DISTANCE OF 766.67 FEET TO THE POINT OF
	BEGINNING AND ENCLOSING 2178.085 ACRES OF LAND, MORE OR LESS.
	TRACT 2: 100.474 ACRES MORE OR LESS
	LEGAL DESCRIPTION CONSISTING OF 100.474 ACRES MORE OR LESS BY
	COMPUTING EXHIBIT A IN THE DEED TO THE TRACT OF LAND DESCRIBED AS
	TRACT I IN THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME
	2288, PAGE 119 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
	BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J.
	DAVIS SURVEY, ABSTRACT # 254, THE W.P. ALLEN SURVEY, ABSTRACT # 24,
	AND THE J. HOWARD SURVEY, ABSTRACT # 442 AND BEING ALL OF A CALLED
	100.474 ACRE TRACT OF LAND DESCRIBED AS TRACT I IN THE DEED TO
	DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 119 OF THE
	DEED RECORDS OF COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY
	DESCRIBED AS FOLLOWS:
	BEGINNING AT THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED
	HEREIN AT THE INTERSECTION OF THE WEST LINE OF SAID COLLIN COUNTY
	WITH THE SOUTHWEST CORNER OF SAID 100.474 ACRE TRACT OF LAND;
	THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST, A DISTANCE OF
	1213.34 FEET TO A POINT FOR CORNER;
	THENCE NORTH 89 DEGREES 57 MINUTES 51 SECONDS EAST, A DISTANCE OF
	3608.95 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 00 DEGREES 56 MINUTES 02 SECONDS EAST, A DISTANCE OF
	1192.20 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 89 DEGREES 11 MINUTES 58 SECONDS WEST, A DISTANCE OF
	1594.31 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 89 DEGREES 57 MINUTES 51 SECONDS WEST, A DISTANCE OF
	2038.77 FEET TO THE POINT OF BEGINNING AND ENCLOSING 100.474 ACRES
	OF LAND, MORE OR LESS.
	TRACT 3: 958.042 ACRES MORE OR LESS
	LEGAL DESCRIPTION CONSISTING OF 958.042 ACRES MORE OR LESS BY
	COMPUTING EXHIBIT A IN THE DEED TO THE TRACT OF LAND DESCRIBED IN
	THE DEED TO DYNAVEST JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE
	114 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
	BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J. W.
	HAYNES SURVEY, ABSTRACT # 453, J, CUMBA SURVEY, ABSTRACT # 242, THE
	J. QUEEN SURVEY, ABSTRACT # 733, THE J. QUEEN SURVEY, ABSTRACT #
	1111, THE A. H. GEE SURVEY, ABSTRACT # 1104, THE H. COCHRAN SURVEY,
	ABSTRACT # 191, THE J. RAGSDALE SURVEY, ABSTRACT # 735 AND THE
	GERMAN IMIGRATION CO. SURVEY, ABSTRACT # 356 AND BEING ALL OF A
	CALLED 957.743 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO DYNAVEST
	JOINT VENTURE AS RECORDED IN VOLUME 2288, PAGE 144 OF THE DEED
	RECORDS OF COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY
	DESCRIBED AS FOLLOWS:
	BEGINNING AT THE NORTHWEST CORNER OF THE TRACT BEING DESCRIBED
	HEREIN AT A POINT AT THE NORTHWEST CORNER OF SAID 957.743 ACRE TRACT
	IN THE SOUTH RIGHT-OF-WAY LINE OF FM # 455;
	THENCE SOUTH 53 DEGREES 10 MINUTES 06 SECONDS EAST WITH SAID SOUTH
	RIGHT-OF-WAY LINE A DISTANCE OF 699.50 FEET TO A POINT FOR CORNER;
	THENCE WITH SAID SOUTH RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO
	THE LEFT WITH AN ARC LENGTH OF 332.25 FEET, WITH A RADIUS OF 618.70
	FEET, WITH A CHORD BEARING OF SOUTH 68 DEGREES 22 MINUTES 06 SECONDS
	EAST, AND WITH A CHORD LENGTH OF 328.27 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 83 DEGREES 34 MINUTES 06 SECONDS EAST WITH SAID SOUTH
	RIGHT-OF-WAY LINE A DISTANCE OF 2243.84 FEET TO A POINT FOR CORNER;
	THENCE WITH SAID SOUTH RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO
	THE RIGHT WITH AN ARC LENGTH OF 237.99 FEET, WITH A RADIUS OF
	1277.20 FEET, WITH A CHORD BEARING OF SOUTH 78 DEGREES 38 MINUTES 21
	SECONDS EAST, AND WITH A CHORD LENGTH OF 237.64 FEET TO A POINT FOR
	CORNER;
	THENCE SOUTH 73 DEGREES 11 MINUTES 25 SECONDS EAST WITH SAID SOUTH
	RIGHT-OF-WAY LINE A DISTANCE OF 131.75 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 16 DEGREES 58 MINUTES 43 SECONDS WEST A DISTANCE OF
	103.35 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 40 DEGREES 22 MINUTES 29 SECONDS WEST A DISTANCE OF
	414.21 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 50 DEGREES 17 MINUTES 10 SECONDS EAST A DISTANCE OF
	174.16 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 04 DEGREES 36 MINUTES 13 SECONDS EAST A DISTANCE OF
	103.17 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 53 DEGREES 02 MINUTES 05 SECONDS WEST A DISTANCE OF
	256.14 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 23 DEGREES 11 MINUTES 46 SECONDS WEST A DISTANCE OF
	269.21 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 66 DEGREES 05 MINUTES 31 SECONDS EAST A DISTANCE OF
	178.82 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 04 DEGREES 58 MINUTES 45 SECONDS EAST A DISTANCE OF
	193.80 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 50 DEGREES 28 MINUTES 50 SECONDS WEST A DISTANCE OF
	169.49 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 87 DEGREES 27 MINUTES 53 SECONDS WEST A DISTANCE OF
	174.71 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 00 DEGREES 14 MINUTES 15 SECONDS WEST A DISTANCE OF
	763.18 FEET TO A POINT FOR CORNER;
	THENCE NORTH 86 DEGREES 32 MINUTES 52 SECONDS EAST A DISTANCE OF
	1464.77 FEET TO A POINT FOR CORNER;
	THENCE NORTH 89 DEGREES 13 MINUTES 02 SECONDS EAST A DISTANCE OF
	524.81 FEET TO A POINT FOR CORNER IN THE WEST RIGHT-OF-WAY LINE OF
	FM # 455;
	THENCE SOUTH 03 DEGREES 06 MINUTES 54 SECONDS WEST WITH SAID WEST
	RIGHT-OF-WAY LINE A DISTANCE OF 37.23 FEET TO A POINT FOR CORNER;
	THENCE WITH SAID WEST RIGHT-OF-WAY LINE AND WITH A CURVE TURNING TO
	THE LEFT WITH AN ARC LENGTH OF 577.39 FEET, WITH A RADIUS OF 1477.38
	FEET, WITH A CHORD BEARING OF SOUTH 08 DEGREES 00 MINUTES 36 SECONDS
	EAST , AND WITH A CHORD LENGTH OF 573.72 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 19 DEGREES 08 MINUTES 06 SECONDS EAST WITH SAID WEST
	RIGHT-OF-WAY LINE A DISTANCE OF 354.02 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 89 DEGREES 08 MINUTES 02 SECONDS WEST A DISTANCE OF
	974.20 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 00 DEGREES 24 MINUTES 13 SECONDS EAST A DISTANCE OF
	1724.68 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 01 DEGREES 25 MINUTES 40 SECONDS EAST A DISTANCE OF
	2948.48 FEET TO A POINT FOR CORNER;
	THENCE NORTH 88 DEGREES 01 MINUTES 35 SECONDS EAST A DISTANCE OF
	1138.15 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 01 DEGREES 46 MINUTES 21 SECONDS EAST A DISTANCE OF
	1965.29 FEET TO A POINT FOR CORNER;
	THENCE SOUTH 89 DEGREES 32 MINUTES 30 SECONDS WEST A DISTANCE OF
	5389.11 FEET TO A POINT FOR CORNER;
	THENCE NORTH 00 DEGREES 12 MINUTES 53 SECONDS EAST A DISTANCE OF
	10550.55 FEET TO A POINT FOR CORNER;
	AND ENCLOSING 958.042 ACRES OF LAND, MORE OR LESS.
	SECTION 3.  (a)  The legal notice of the intention to
	introduce this Act, setting forth the general substance of this
	Act, has been published as provided by law, and the notice and a
	copy of this Act have been furnished to all persons, agencies,
	officials, or entities to which they are required to be furnished
	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
	Government Code.
	(b)  The governor, one of the required recipients, has
	submitted the notice and Act to the Texas Commission on
	Environmental Quality.
	(c)  The Texas Commission on Environmental Quality has filed
	its recommendations relating to this Act with the governor,
	lieutenant governor, and speaker of the house of representatives
	within the required time.
	(d)  All requirements of the constitution and laws of this
	state and the rules and procedures of the legislature with respect
	to the notice, introduction, and passage of this Act have been
	fulfilled and accomplished.
	SECTION 4.  (a)  Section 3959.109, Special District Local
	Laws Code, as added by Section 1 of this Act, takes effect only if
	this Act receives a two-thirds vote of all the members elected to
	each house.
	(b)  If this Act does not receive a two-thirds vote of all the
	members elected to each house, Subchapter C, Chapter 3959, Special
	District Local Laws Code, as added by Section 1 of this Act, is
	amended by adding Section 3959.109 to read as follows:
	Sec. 3959.109.  NO EMINENT DOMAIN POWER. The district may
	not exercise the power of eminent domain.
	(c)  This section is not intended to be an expression of a
	legislative interpretation of the requirements of Section 17(c),
	Article I, Texas Constitution.
	SECTION 5.  This Act takes effect September 1, 2017.