H.B. No. 4693
 
 
 
 
AN ACT
  relating to the creation of the Cole Ranch Improvement District No.
  1 of Denton County, Texas; providing authority to impose an
  assessment, impose a tax, and issue bonds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 4, Special District Local Laws
  Code, is amended by adding Chapter 3981 to read as follows:
  CHAPTER 3981. COLE RANCH IMPROVEMENT DISTRICT NO. 1 OF DENTON
  COUNTY, TEXAS
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3981.0101.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Denton, Texas.
               (3)  "County" means Denton County, Texas.
               (4)  "Developer of property in the district" means a
  developer of property in the district as determined by the
  governing body of the city.
               (5)  "Director" means a board member.
               (6)  "District" means the Cole Ranch Improvement
  District No. 1 of Denton County, Texas.
               (7)  "Operating agreement" means an agreement that
  provides for: 
                     (A)  a general description of the improvement
  projects that may be financed by the district; and
                     (B)  the terms and conditions of:
                           (i)  the financing of the improvement
  projects described by Paragraph (A); and
                           (ii)  the operation of the district.
               (8)  "Project agreement" means an agreement between the
  city and a developer of property in the district that relates to any
  aspect of the development of property in or outside the district.
  The governing body of the city may determine whether an agreement
  constitutes a project agreement for purposes of this chapter.
         Sec. 3981.0102.  NATURE OF DISTRICT. The Cole Ranch
  Improvement District No. 1 of Denton County, Texas, is a special
  district created under Section 59, Article XVI, Texas Constitution.
         Sec. 3981.0103.  PURPOSE; DECLARATION OF INTENT. (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.
         (b)  By creating the district and in authorizing the city,
  the county, 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.
         (c)  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.
         (d)  This chapter and the creation of the district may not be
  interpreted to relieve the city and the county from providing the
  level of services provided as of the effective date of the Act
  enacting this chapter to the area in the district. The district is
  created to supplement and not to supplant city or county services
  provided in the district.
         Sec. 3981.0104.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
  (a) 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.
         (b)  The district is created to serve a public use and
  benefit.
         (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)  promoting the affordability of housing; and
               (4)  developing or expanding transportation and
  commerce.
         (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 community and business center;
               (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;
  and
               (4)  provide for water, wastewater, drainage, road, and
  recreational facilities for the district.
         (e)  Pedestrian ways along or across a street, whether at
  grade or above or below the surface, and street lighting, street
  landscaping, parking, and street art objects are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (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. 3981.0105.  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 bonds for the purposes
  for which the district is created or to pay the principal of and
  interest on the bonds;
               (3)  right to impose or collect an assessment or tax; or
               (4)  legality or operation.
         Sec. 3981.0106.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
  All or any part of the area of the district is eligible to be
  included in:
               (1)  a tax increment reinvestment zone created by the
  city under Chapter 311, Tax Code; or
               (2)  a tax abatement reinvestment zone created by the
  city under Chapter 312, Tax Code.
         Sec. 3981.0107.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3981.0108.  CONSTRUCTION OF CHAPTER. This chapter
  shall be liberally construed in conformity with the findings and
  purposes stated in this chapter.
         Sec. 3981.0109.  CITY CONSENT; OPERATING AGREEMENT AND
  PROJECT AGREEMENT REQUIRED. (a)  Except as provided in Subsection
  (c), before the district may exercise any powers under this
  chapter:
               (1)  the city must adopt an ordinance or resolution
  consenting to the creation of the district and to the inclusion of
  land in the district;
               (2)  the city and the district must negotiate and
  execute a mutually approved and accepted operating agreement; and 
               (3)  the city and each developer of property in the
  district must negotiate and execute a project agreement.
         (b)  This chapter expires December 31, 2020, if:
               (1)  the city and the district have not executed the
  operating agreement required by Subsection (a)(2); or
               (2)  the city and each developer of property in the
  district have not executed a project agreement as required by
  Subsection (a)(3).
         (c)  The board has the powers necessary, convenient, or
  desirable to negotiate and execute a mutually approved and accepted
  operating agreement.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3981.0201.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of directors as provided in this section.
         (b)  Five directors are elected in the manner provided by
  Subchapter D, Chapter 49, Water Code.
         (c)  The city may appoint one additional director to the
  board.
         (d)  Section 375.063, Local Government Code, does not apply
  to a director appointed by the city.
         (e)  If the city exercises its right to appoint a director
  under Subsection (c), the board consists of six directors while the
  appointed director serves on the board. If the city does not
  exercise its right to appoint or reappoint a director under
  Subsection (c), the board consists of five directors.
         (f)  Except as provided by Section 3981.0204, directors
  serve staggered four-year terms.
         Sec. 3981.0202.  QUORUM. (a)  Three members of the board
  constitute a quorum regardless of whether the board has five or six
  members.
         (b)  A majority vote of a quorum of the board is required for
  official action.
         (c)  For purposes of determining the requirements for a
  quorum of the board, the following are not counted:
               (1)  a board position vacant for any reason, including
  death, resignation, or disqualification; or
               (2)  a director who is abstaining from participation in
  a vote because of a conflict of interest.
         Sec. 3981.0203.  COMPENSATION. A director is entitled to
  receive fees of office and reimbursement for actual expenses as
  provided by Section 49.060, Water Code. Sections 375.069 and
  375.070, Local Government Code, do not apply to the board.
         Sec. 3981.0204.  TEMPORARY DIRECTORS. (a) The temporary
  board consists of:
               (1)  Byron Campbell;
               (2)  Ryan Miller;
               (3)  Shawn Street;
               (4)  Russell Hickey;
               (5)  Warren Threadgill; and
               (6)  a temporary director appointed by the city if the
  city appoints a temporary director under Section 3981.0201(c).
         (b)  The temporary or successor temporary directors shall
  hold an election as provided by Section 49.102, Water Code, to elect
  the five permanent elected directors.
         (c)  Except for a temporary director appointed by the city,
  temporary directors serve until the earlier of:
               (1)  the date the permanent elected directors are
  elected under Subsection (b); or
               (2)  the fourth anniversary of the effective date of
  the Act enacting this chapter.
         (d)  If the permanent elected directors have not been elected
  under Subsection (b) and the terms of the temporary directors have
  expired, successor temporary directors, other than a temporary
  director appointed by the city, shall be appointed or reappointed
  as provided by Subsection (e) to serve terms that expire on the
  earlier of:
               (1)  the date the permanent elected directors are
  elected under Subsection (b); or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (e)  If Subsection (d) 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 Texas Commission on Environmental
  Quality 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.
         (f)  A temporary director appointed by the city serves until
  the fourth anniversary of the effective date of the Act enacting
  this chapter.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3981.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3981.0302.  IMPROVEMENT PROJECTS AND SERVICES. (a) The
  district, using any money available to the district for the
  purpose, may 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 contract with a governmental or private
  entity to carry out an action under Subsection (a). 
         (c)  The implementation of a district project or service is a
  governmental function or service for the purposes of Chapter 791,
  Government Code.
         Sec. 3981.0303.  MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
  The district may join and pay dues to a charitable or nonprofit
  organization that performs a service or provides an activity
  consistent with the furtherance of a district purpose.
         Sec. 3981.0304.  ADDING OR EXCLUDING LAND. (a)  The district
  may add or exclude land in the manner provided by Subchapter J,
  Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water Code.
         (b)  A district may not add or exclude land unless the city
  consents to the addition or exclusion.
         Sec. 3981.0305.  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 district money.
         Sec. 3981.0306.  APPROVAL BY THE CITY.  (a)  The district
  must obtain the approval of the city for:
               (1)  the plans and specifications of an improvement
  project financed by bonds, notes, or other obligations; and
               (2)  the plans and specifications of an improvement
  project related to the use of land owned by the city, an easement
  granted by the city, or a right-of-way of a street, road, or
  highway.
         (b)  City approval may be by an administrative process that
  does not involve the city's governing body, unless approval of the
  city's governing body is required by federal, state, or local law,
  ordinance, or regulation.
         (c)  Before issuing bonds, the district must:
               (1)  provide to the city the documents authorizing the
  bonds;
               (2)  provide to the city a certification from each
  developer of property in the district that the developer is in
  compliance with the terms and conditions of the developer's project
  agreement with the city; and 
               (3)  certify that the district is in compliance with
  the terms and conditions of the ordinance or resolution consenting
  to the creation of the district under Section 3981.0109 and the
  operating agreement entered into under that section.
         (d)  The city must complete the city's review of the
  documents and certifications required by Subsection (c) not later
  than the 30th day after the date the city receives the documents and
  certifications. The city may object to the issuance of the bonds if
  the city determines that:
               (1)  the district is not in compliance with the terms
  and conditions of the ordinance or resolution consenting to the
  creation of the district under Section 3981.0109;
               (2)  the district is not in compliance with the
  operating agreement entered into under Section 3981.0109; or
               (3)  a developer of property in the district is not in
  compliance with the terms and conditions of a project agreement
  that applies to the developer.
         (e)  If the city objects to the district's issuance of bonds,
  the district must obtain the consent of the city's governing body to
  the issuance of the bonds.  The city's governing body may not
  unreasonably withhold consent to the issuance of bonds.
         (f)  Section 375.207, Local Government Code, does not apply
  to the district.
         Sec. 3981.0307.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3981.0401.  PETITION REQUIRED FOR FINANCING SERVICES
  AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
  service or improvement project with assessments under this chapter
  unless a written petition requesting that service or improvement
  has been filed with the board.
         (b)  A petition filed under Subsection (a) must be signed by
  the owner or owners of a majority of the assessed value of real
  property in the district subject to assessment according to the
  most recent certified tax appraisal roll for the county.
         Sec. 3981.0402.  ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
  The board by resolution may impose and collect an assessment for any
  purpose authorized by this chapter in all or any part of the
  district.  Section 375.161, Local Government Code, does not apply
  to an assessment imposed by the district.
         (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:
               (1)  are a first and prior lien against the property
  assessed;
               (2)  are superior to any other lien or claim other than
  a lien or claim for county, school district, or municipal ad valorem
  taxes; and
               (3)  are 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.
         Sec. 3981.0403.  IMPACT FEES PROHIBITED.  The district may
  not adopt or impose an impact fee.
  SUBCHAPTER E. TAXES AND BONDS
         Sec. 3981.0501.  TAX ELECTION REQUIRED. The district must
  hold an election in the manner provided by Chapter 49, Water Code,
  or, if applicable, Chapter 375, Local Government Code, to obtain
  voter approval before the district may impose an ad valorem tax.
         Sec. 3981.0502.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized by a majority of the district voters voting at an
  election under Section 3981.0501, the district may impose an
  operation and maintenance tax on taxable property in the district
  in the manner provided by Section 49.107, Water Code, for any
  district purpose, including to:
               (1)  maintain and operate the district;
               (2)  construct or acquire improvements; or
               (3)  provide a service.
         (b)  The board shall determine the operation and maintenance
  tax rate. The rate may not exceed the rate approved at the
  election.
         Sec. 3981.0503.  AUTHORITY TO BORROW MONEY AND TO ISSUE
  BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
  terms determined by the board.
         (b)  The district may issue bonds, notes, or other
  obligations payable wholly or partly from ad valorem taxes,
  assessments, revenue, contract payments, grants, or other district
  money, or any combination of those sources of money, to pay for any
  authorized district purpose.
         (c)  The principal amount of bonds issued by the district in
  aggregate may not exceed 10 percent of the assessed value of all
  real property in the district.
         Sec. 3981.0504.  BONDS SECURED BY REVENUE OR CONTRACT
  PAYMENTS. The district may issue, without an election, bonds
  secured by:
               (1)  revenue other than ad valorem taxes, including
  contract revenues; or
               (2)  contract payments, provided that the requirements
  of Section 49.108, Water Code, have been met.
         Sec. 3981.0505.  BONDS SECURED BY AD VALOREM TAXES;
  ELECTIONS. (a) If authorized at an election under Section
  3981.0501, the district may issue bonds payable from ad valorem
  taxes.
         (b)  Section 375.243, Local Government Code, does not apply
  to the district.
         (c)  At the time the district issues bonds payable wholly or
  partly from ad valorem taxes, the board shall provide for the annual
  imposition of a continuing direct annual ad valorem tax, without
  limit as to rate or amount, for each year that all or part of the
  bonds are outstanding as required and in the manner provided by
  Sections 54.601 and 54.602, Water Code.
         (d)  All or any part of any facilities or improvements that
  may be acquired by a district by the issuance of its bonds may be
  submitted as a single proposition or as several propositions to be
  voted on at the election.
         Sec. 3981.0506.  CITY NOT REQUIRED TO PAY DISTRICT
  OBLIGATIONS. Except as provided by Section 375.263, Local
  Government Code, the city is not required to pay a bond, note, or
  other obligation of the district.
  SUBCHAPTER F.  DEFINED AREAS
         Sec. 3981.0601.  AUTHORITY TO ESTABLISH DEFINED AREAS OR
  DESIGNATED PROPERTY. The district may define areas or designate
  certain property of the district to pay for improvements,
  facilities, or services that primarily benefit that area or
  property and do not generally and directly benefit the district as a
  whole.
         Sec. 3981.0602.  PROCEDURE FOR ELECTION. (a)  Before the
  district may impose an ad valorem tax applicable only to the defined
  area or designated property or issue bonds payable from ad valorem
  taxes of the defined area or designated property, the board shall
  hold an election as provided by Section 3981.0501 in the defined
  area or designated property only.
         (b)  The board may submit the proposition to the voters on
  the same ballot to be used in another election.
         Sec. 3981.0603.  DECLARING RESULT AND ISSUING ORDER.
  (a)  If a majority of the voters voting at the election held under
  Section 3981.0602 approve the proposition or propositions, the
  board shall declare the results and, by order, shall establish the
  defined area or designated property and describe it by metes and
  bounds or designate the specific area or property.
         (b)  The board's order is not subject to judicial review
  except on the ground of fraud, palpable error, or arbitrary and
  confiscatory abuse of discretion.
         Sec. 3981.0604.  TAXES FOR SERVICES, IMPROVEMENTS, AND
  FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
  approval and adoption of the order described by Section 3981.0603,
  the district may apply separately, differently, equitably, and
  specifically its taxing power and lien authority to the defined
  area or designated property to provide money to construct,
  administer, maintain, and operate services, improvements, and
  facilities that primarily benefit the defined area or designated
  property.
         Sec. 3981.0605.  ISSUANCE OF BONDS FOR DEFINED AREA OR
  DESIGNATED PROPERTY. After the order under Section 3981.0603 is
  adopted, the district may issue bonds to provide for any land,
  improvements, facilities, plants, equipment, and appliances for
  the defined area or designated property.
  SUBCHAPTER G. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
         Sec. 3981.0701.  DIVISION OF DISTRICT; PREREQUISITES. The
  district may be divided into two or more new districts only if the
  district:
               (1)  has never issued any bonds; and
               (2)  is not imposing ad valorem taxes.
         Sec. 3981.0702.  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. 3981.0703.  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 2 of the Act enacting this chapter.
         Sec. 3981.0704.  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)  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.
         (c)  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 Texas Commission on Environmental Quality and record the
  order in the real property records of each county in which the
  district is located.
         Sec. 3981.0705.  DIRECTORS' ELECTION FOR NEW DISTRICT. A
  new district created by the division of the district shall hold a
  directors' election in the manner provided by Section 3981.0201.
         Sec. 3981.0706.  TAX OR BOND ELECTION.  Before a new district
  created by the division of the district may impose an operation and
  maintenance tax under Section 3981.0502 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.
         Sec. 3981.0707.  CITY CONSENT.  (a)  City consent to the
  creation of the district and to the inclusion of land in the
  district granted under Section 3981.0109 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.
         (b)  A new district created by division of the district is
  subject to the terms and conditions contained in the ordinance or
  resolution consenting to the creation of the district under Section
  3981.0109.
         Sec. 3981.0708.  OPERATING AGREEMENT AND PROJECT AGREEMENT.  
  (a)  Except as provided by Subsection (b), before a new district
  created by division of the district may exercise any powers under
  this chapter:
               (1)  the new district must enter into:
                     (A)  a joinder to the existing operating agreement
  between the city and the district; or
                     (B)  a separate operating agreement with the city;
  and
               (2)  each developer of property in the new district
  must enter into:
                     (A)  a joinder to an existing project agreement
  between the city and a developer of property in the district
  applicable to the territory in the new district; or
                     (B)  a separate project agreement with the city.
         (b)  A new district created by division of the district has
  the powers necessary, convenient, or desirable to negotiate and
  execute an agreement described by Subsection (a).
  SUBCHAPTER H. DISSOLUTION
         Sec. 3981.0801.  DISSOLUTION. (a) The board shall dissolve
  the district on written petition filed with the board by the owner
  or owners of:
               (1)  66 percent or more of the assessed value of the
  property subject to assessment by the district based on the most
  recent certified county property tax rolls; or
               (2)  66 percent or more of the surface area of the
  district, excluding roads, streets, highways, utility
  rights-of-way, other public areas, and other property exempt from
  assessment by the district according to the most recent certified
  county property tax rolls.
         (b)  The board by majority vote may dissolve the district at
  any time.
         (c)  The district may not be dissolved by its board under
  Subsection (a) or (b) if the district:
               (1)  has any outstanding bonded indebtedness until that
  bonded indebtedness has been repaid or defeased in accordance with
  the order or resolution authorizing the issuance of the bonds;
               (2)  has a contractual obligation to pay money until
  that obligation has been fully paid in accordance with the
  contract; or
               (3)  owns, operates, or maintains public works,
  facilities, or improvements unless the district contracts with
  another person for the ownership, operation, or maintenance of the
  public works, facilities, or improvements.
         (d)  Sections 375.261, 375.262, and 375.264, Local
  Government Code, do not apply to the district.
         SECTION 2.  The Cole Ranch Improvement District No. 1 of
  Denton County, Texas, initially includes all territory contained in
  the following area:
         TRACT 1 (North Tract):
         SITUATED in Denton County, Texas in the J. W. Kjellberg
  Survey, Abstract No. 1610, the James McDonald Survey, Abstract
  No. 873, the I.W. Byerly Survey, Abstract No. 1458, the J. Dalton
  Survey, Abstract No. 353, the J. A. Burn Survey, Abstract No. 132,
  the T. & P. R. R., Abstract No. 1292, the A. C. Madden Survey,
  Abstract No. 851, the I. N. Hembree Survey, Abstract No. 594, the
  J. Bacon Survey, Abstract No. 1540, the Wm. Neill Survey, Abstract
  No. 970, the B. B. B. & C.R.R. Co. Survey, Abstract No. 176, the T.
  E. Carruth Survey, Abstract 1707, being a Survey of part of the
  562.8 acre "First tract", a Survey of the 798.2 acre "Second Tract",
  a Survey of part of the 640 acre "Third Tract" described in a deed
  from T. E. Carruth, et al to M. T. Cole, dated December 22, 1931,
  recorded in Volume 238, Page 410, a Survey of part of the 415 acre
  tract described in a deed from Rudy Copeland and wife, Mary A.
  Copeland to M. T. Cole, dated September 26, 1933, recorded in Volume
  243, Page 572, both deeds of the Denton County Deed Records, being
  described by metes and bounds as follows:
         BEGINNING at an 1/2-inch iron pin found at the Northwest
  corner of said 798.2 acre tract in the center of Tom Cole Road
  (East-West asphalt road) and C. Wolfe Road (rock road) from the
  South;
         THENCE South 88 degrees 55 minutes 44 seconds East, generally
  with the center of said Tom Cole Road, 4685.36 feet to an "x" cut in
  a concrete bridge;
         THENCE North 89 degrees 43 minutes 13 seconds East, generally
  with the center of said Tom Cole Road, 2521.29 feet to a 3/4-inch
  iron pin set in place of a nail found at the Northeast corner of said
  798.2 acre tract;
         THENCE South 00 degrees 23 minutes 40 seconds West, with the
  East line of said 798.2 acre tract and generally near an old fence,
  1865.00 feet to an 1/2-inch iron pin set by a corner post at the
  East-Southeast corner of said 798.2 acre tract; same being in the
  North line of said 640 acre tract;
         THENCE South 88 degrees 52 minutes 00 seconds East, with the
  North line of said 640 acre tract and generally near an old fence,
  1616.90 feet to an 1/2-inch iron pin set near a corner post at the
  Northwest corner of the 24.73 acre "Tract One" recorded in Volume
  871, Page 137;
         THENCE South 01 degree 07 minutes 58 seconds West, with the
  West line of said 24.73 acre tract and generally near a fence,
  950.05 feet to an 1/2-inch iron pin found at the West-Southwest
  corner of said 24.73 acre tract;
         THENCE South 88 degrees 58 minutes 35 seconds East, with a
  South line of said 24.73 acre tract, 144.97 feet to an 1/2-inch iron
  pin found at an inside corner of said 24.73 acre tract;
         THENCE South 01 degree 05 minutes 17 seconds West, with a West
  line of said 24.73 acre tract and with the West line of the 13.89
  acre "Tract Two" in said Volume 871, Page 137, 699.86 feet to an
  1/2-inch iron pin found at the Southwest corner of said 13.89 acre
  tract; same being the Northwest corner of the 31.107 acre tract
  recorded in Clerk's File No. 94-71013;
         THENCE South 09 degrees 20 minutes 01 second West, with the
  West line of said 31.107 acre tract, 1010.79 feet to an 1/2-inch
  iron pin found at the Southwest corner of said 31.107 acre tract;
         THENCE South 88 degrees 53 minutes 58 seconds East, with the
  South line of said 31.107 acre tract, 1499.78 feet to an 1/2-inch
  iron pin found at the Southeast corner of said 31.107 acre tract;
         THENCE North 07 degrees 10 minutes 06 seconds West, with the
  East line of said 31.107 acre tract, 1009.80 feet to an 1/2-inch
  iron pin found at the Northeast corner of said 31.107 acre tract;
  same being the Southeast corner of said 13.89 acre tract;
         THENCE North 01 degree 06 minutes 57 seconds East, with the
  East line of said 13.89 acre tract and an East line of said 24.73
  acre tract 699.98 feet to an 1/2-inch iron pin found at an inside
  corner of said 24.73 acre tract;
         THENCE South 88 degrees 52 minutes 57 seconds East, with a
  South line of said 24.73 acre tract, 144.76 feet to an 1/2-inch iron
  pin found at the East-Southeast corner of said 24.73 acre tract;
         THENCE North 01 degree 04 minutes 51 seconds East, with the
  East line of said 24.73 acre tract, 629.19 feet to an 1/2-inch iron
  pin found at the Northeast corner of said 24.73 acre tract;
         THENCE North 89 degrees 25 minutes 26 seconds East, with the
  South line of the Southeast Airport Addition recorded in Volume G,
  Page 295 of the Denton County Plat Records, 1534.00 feet to an
  1/2-inch iron pin found at the Southeast corner of said Airport
  Addition, in the center of Westcourt Road (North-South asphalt
  road);
         THENCE South 00 degrees 38 minutes 25 seconds West, with an
  East line of said 415 acre tract and generally with the center of
  said Westcourt Road, 1150.78 feet to a 5/8-inch iron pin found at an
  inside corner of said 415 acre tract;
         THENCE North 89 degrees 48 minutes 14 seconds East, generally
  along Spring Side Road, 870.00 feet to an 1/2-inch iron pin found at
  the Northwest corner of the 10 acre tract recorded in Volume 971,
  Page 251;
         THENCE southerly along the East side of Underwood Road
  (North-South asphalt road) as follows:
         South 00 degrees 11 minutes 34 seconds East, 646.53 feet to a
  5-inch pipe corner post;
         South 00 degrees 48 minutes 00 seconds East, generally near a
  fence for part of the way, 645.16 feet to a 5-inch pipe corner post;
         South 00 degrees 41 minutes 32 seconds East, 547.42 feet to a
  5/8-inch iron pin found at the North-Northwest corner of the 76.768
  acre tract recorded in Volume 1166, Page 235;
         South 00 degrees 00 minutes 11 seconds West, with a West line
  of said 76.768 acre tract and generally near a wood fence for part
  of the way, 344.00 feet to an 1/2-inch iron pin set at an inside
  corner of said 76.768 acre tract;
         THENCE South 89 degrees 58 minutes 11 seconds West, with a
  North line of said 76.768 acre tract and crossing said Underwood
  Road, 125.00 feet to an 1/2-inch iron pin set at the West-Northwest
  corner of said 76.768 acre tract;
         THENCE South 00 degrees 15 minutes 42 seconds East, with the
  West line of said 76.768 acre tract and on the West side of said
  Underwood Road, passing the Southwest corner of said 76.768 acre
  tract and continuing in all, 1561.35 feet to an 1/2-inch iron pin
  found near said Underwood Road; same being the North-Northwest
  corner of the 96.85 acre tract recorded in Clerk's File
  No. 98-117450;
         THENCE South 01 degree 54 minutes 54 seconds West, with a West
  line of said 96.85 acre tract and generally with said Underwood
  Road, 1205.51 feet to an one inch iron pin found at the an inside
  corner of said 96.85 acre tract; same being the Southeast corner of
  said 415 acre tract; same being where said road turns West;
         THENCE North 89 degrees 27 minutes 33 seconds West, with the
  South line of said 415 acre tract and generally with the center of
  said Underwood Road, 1362.76 feet to an 1/2-inch iron pin set at the
  East-Southeast corner of the 18.726 acre "Tract II" recorded in
  Volume 489, Page 551 of the right-of-way of Farm Road No. 2449;
         THENCE North 00 degrees 28 minutes 37 seconds East, with the
  East line of said 18.726 acre tract and the right-of-way line of
  said Farm Road No. 2449, 45.00 feet to an 1/2-inch iron pin set at
  the Northeast corner of said 18.726 acre tract;
         THENCE with the North line of said 18.726 acre tract, the
  North right-of-way line of said Farm Road No. 2449 and generally
  near a fence as follows:
         North 89 degrees 31 minutes 23 seconds West, 2944.75 feet to
  an 1/2-inch iron pin set;
         South 89 degrees 46 minutes 37 seconds West, 7200.01 feet to
  an 1/2-inch iron pin set;
         North 84 degrees 30 minutes 45 seconds West, 100.50 feet to an
  1/2-inch iron pin set;
         South 89 degrees 46 minutes 37 seconds West, 200.00 feet to an
  1/2-inch iron pin set;
         South 84 degrees 03 minutes 59 seconds West, 100.50 feet to an
  1/2-inch iron pin set;
         South 89 degrees 46 minutes 37 seconds West, 678.22 feet to an
  1/2-inch iron pin set;
         North 44 degrees 49 minutes 38 seconds West, 39.98 feet to an
  1/2-inch iron pin set at the Northwest corner of said 18.726 acre
  tract; same being in the East line of said C. Wolfe Road;
         THENCE North 00 degrees 30 minutes 56 seconds East, with the
  East line of said C. Wolfe Road and generally near a fence, 1353.53
  feet to an 1/2-inch iron pin set;
         THENCE North 89 degrees 32 minutes 13 seconds West, 17.14
  feet to an 1/2-inch iron pin set in the center of said C. Wolfe Road,
  in the West line of said 798.2 acre tract;
         THENCE North 00 degrees 32 minutes 15 seconds East, with the
  West line of said 798.2 acre tract and generally with the center of
  said C. Wolfe Road, 6972.35 feet to the PLACE OF BEGINNING and
  containing 2049.00 acres.
         TRACT 2 (South Tract):
         SITUATED in Denton County, Texas in the S. Paine Survey,
  Abstract No. 1035, the M. Paine Survey, Abstract No. 1036, the
  George West Survey, Abstract No. 1393, the B. B. B. & C.R.R. Co.
  Survey, Abstract No. 176, the E.N. Oliver Survey, Abstract No. 989,
  the J. T. Evans Survey, Abstract No. 411, the C. Manchaca Survey,
  Abstract No. 789, the G. W. Pettingale Survey, Abstract No. 1041,
  the J. W. Kjellberg Survey, Abstract No. 1610, being a Survey of
  part of 1.086 acre tract described in a deed from Maurine P. Myers,
  et al to M. T. Cole Trust NO. 1, recorded in Volume 1018, Page 453,
  being a Survey of part of the 562.8 acre "First tract" described in
  a deed from T. E. Carruth, et al to M. T. Cole, dated December 22,
  1931, recorded in Volume 238, Page 410, a Survey of the 640 acre
  tract described in a Deed from T. E. Carruth, et al to M. T. Cole,
  dated January 4, 1935, recorded in Volume 250, Page 121, a Survey of
  the 429-3/4 acre tract described in a deed from T. E. Carruth, et al
  to M. T. Cole, dated March 28, 1936, recorded in Volume 256, Page
  285, all Deeds of the Denton County Deed Records, being described by
  metes and bounds as follows:
         BEGINNING at an 1/2-inch iron pin set in a broke off Bois
  d'arc corner post at the Southwest corner of said 640 acre tract;
  same being in the East line of the 320.350 acre tract recorded in
  Clerk's File No. 99-67258;
         THENCE North 00 degrees 35 minutes 15 seconds East, with the
  East line of said 320.350 acre tract and generally near a fence,
  3057.12 feet to a 5/8-inch iron pin found at the Northeast corner of
  said 320.350 acre tract;
         THENCE North 89 degrees 23 minutes 04 seconds West, with the
  North line of said 320.350 acre tract, 153.52 feet to an 1/2-inch
  iron pin set in the West line of said 1.086 acre tract; same being on
  the East side of H. Lively Road (rock road);
         THENCE northerly with the East side of said H. Lively Road,
  with the West line of said 1.086 acre tract and generally near a
  fence as follows:
         North 49 degrees 11 minutes 19 seconds East, 31.80 feet to an
  1/2-inch iron pin set;
         North 06 degrees 29 minutes 42 seconds East, 103.71 feet to an
  1/2-inch iron pin set;
         North 07 degrees 48 minutes 12 seconds East, 90.24 feet to an
  1/2-inch iron pin set;
         North 19 degrees 36 minutes 29 seconds East, 83.19 feet to an
  1/2-inch iron pin set;
         North 17 degrees 17 minutes 59 seconds East, 221.61 feet to an
  1/2-inch iron pin set at the Northwest corner of said 1.086 acre
  tract;
         THENCE South 89 degrees 52 minutes 01 second East, with the
  North line of said 1.086 acre tract, 17.07 feet to an 1/2-inch iron
  pin found at the Northeast corner of said 1.086 acre tract; same
  being in the East line of the 160.939 acre tract recorded in Volume
  1300, Page 933;
         THENCE northerly with the East line of said 160.939 acre
  tract, the East side of said H. Lively Road and generally near a
  fence as follows:
         North 00 degrees 48 minutes 45 seconds East, 72.34 feet to an
  1/2-inch iron pin found;
         North 00 degrees 23 minutes 31 seconds East, 2695.55 feet to
  an 1/2-inch iron pin set in the South right-of-way line of Farm Road
  No. 2449;
         THENCE easterly with the South right-of-way line of said Farm
  Road No. 2449 and generally near a fence as follows:
         North 45 degrees 10 minutes 52 seconds East, 41.58 feet to an
  1/2-inch iron pin set;
         North 89 degrees 46 minutes 37 seconds East, 679.48 feet to an
  1/2-inch iron pin set;
         South 84 degrees 30 minutes 45 seconds East, 100.50 feet to an
  1/2-inch iron pin set;
         North 89 degrees 46 minutes 37 seconds East, 200.00 feet to an
  60d nail set in top of a wood right-of-way marker;
         North 84 degrees 03 minutes 59 seconds East, 100.50 feet to an
  1/2-inch iron pin set;
         North 89 degrees 46 minutes 37 seconds East, 1462.48 feet to
  an 1/2-inch iron pin found at the Northwest corner of the 18.28 acre
  tract recorded in Volume 5, Page 709 of the Lis Pendens records of
  Denton County, Texas
         THENCE South 00 degrees 16 minutes 13 seconds East, with an
  West line of said 18.28 acre tract and generally near a fence 711.07
  feet to an 1/2-inch iron pin found by a corner post at the Southwest
  corner of said 18.28 acre tract;
         THENCE North 89 degrees 45 minutes 23 seconds East, with the
  South line of said 18.28 acre tract and generally near a fence,
  1119.68 feet to an 1/2-inch iron pin found by a corner post at the
  Southeast corner of said 18.28 acre tract;
         THENCE North 00 degrees 12 minutes 56 seconds West, with the
  East line of said 18.28 acre tract and generally near a fence,
  710.67 feet to an 1/2-inch iron pin set at the Northeast corner of
  said 18.28 acre tract, in the South right-of-way line of said Farm
  Road No. 2449;
         THENCE North 89 degrees 46 minutes 37 seconds East, with the
  North right-of-way line of said Farm Road No. 2449 and generally
  near a fence, 4616.62 feet to an 1/2-inch iron pin set in an East
  line of said 562.8 acre tract;
         THENCE South 00 degrees 09 minutes 33 seconds West, with an
  East line of said 562.8 acre tract and generally with the center of
  a rock road 1652.60 feet to an 1/2-inch iron pin set at the
  South-Southeast corner of said 562.8 acre tract, where said road
  turns to the West;
         THENCE North 89 degrees 28 minutes 35 seconds West, with the
  South line of said 562.8 acre tract and generally with the center of
  said rock road, 254.68 feet to an 1/2-inch iron pin set in place of a
  60d nail found at the North-Northeast corner of said 429-3/4 acre
  tract;
         THENCE South 00 degrees 24 minutes 30 seconds West, with an
  East line of said 429-3/4 acre tract and generally near an old
  fence, 2169.07 feet to a Bois d'arc corner post found at the inside
  corner of said 429-3/4 acre tract;
         THENCE South 89 degrees 56 minutes 06 seconds East, with a
  North line of said 429-3/4 acre tract and generally near the
  evidence of an old fence, passing an 1/2-inch iron pin set by a
  corner post at 3125.59 feet and continuing in all, 3151.06 feet to a
  point on the West edge of John Paine Road (North-South rock road);
  same being in a West line of the 2329.49 acre tract recorded in
  Clerk's File No. 98-117450;
         THENCE South 00 degrees 33 minutes 24 seconds West, with a
  West line of said 2329.49 acre tract and with the West edge of said
  John Paine Road, 2545.07 feet to an 1/2-inch iron pin found at the
  Southeast corner of said 429-3/4 acre tract and an inside corner of
  said 2329.49 acre tract;
         THENCE North 89 degrees 47 minutes 59 seconds West, with the
  South line of said 429-3/4 acre tract, a North line of said 2329.49
  acre tract and generally near an old fence, 5406.60 feet to a Bois
  d'arc corner post found at the Southwest corner of said 429-3/4 acre
  tract and a Northwest corner of said 2329.49 acre tract;
         THENCE South 01 degree 59 minutes 48 seconds West, with a West
  line of said 2329.49 acre tract and generally near a fence, 92.25
  feet to a Bois d'arc corner post found at an inside corner of said
  2329.49 acre tract and the Southeast corner of said 640 acre tract;
  an one inch iron pipe found bears South 87 degrees 45 minutes 56
  seconds East, 3.46 feet;
         THENCE North 89 degrees 30 minutes 24 seconds West, with the
  South line of said 640 acre tract, a North line of said 2329.49 acre
  tract and generally near an old fence for most of the way, 5806.65
  feet to the PLACE OF BEGINNING and containing 1357.12 acres.
         SAVE AND EXCEPT THE FOLLOWING TRACTS OF LAND:
         Except Tract 1:
         22.18748 acres of land situated in Denton County, Texas, in
  the George West Survey, Abstract No. 1393 and the G.W. Pettingale
  Survey, Abstract No. 1041, being more particularly described in
  that certain Special Warranty Deed from SLF II Cole Property, L.P.
  to Corporation of the Episcopal Diocese of Dallas dated to be
  effective as of February 29, 2008 and recorded on March 4, 2008 as
  Instrument No. 2008-22241 in the Real Property Records of Denton
  County, Texas.
         Except Tract 2:
         184.812 acres of land situated in Denton County, Texas, in
  the William Neill Survey, Abstract No. 970, the John Bacon Survey,
  Abstract No. 1540, the Isaac N. Hambree Survey, Abstract No. 594,
  the Jeremiah Dalton Survey, Abstract No. 353 and the J.W. Kjellberg
  Survey, Abstract No. 1610, being more particularly described in
  that certain Special Warranty Deed from SLF II Cole Property, L.P.
  to Aldi (Texas) L.L.C. dated to be effective as of May 8, 2008 and
  recorded on May 8, 2008 as Instrument No. 2008-50360 in the Real
  Property Records of Denton County, Texas.
         Except Tract 3:
         0.247 acre of land situated in Denton County, Texas, in the
  Jeremiah Dalton Survey, Abstract No. 353, being more particularly
  described in that certain Donation Deed from SLF II Cole Property,
  L.P. to Denton County, Texas dated to be effective as of September
  1, 2010 and recorded on October 26, 2010 as Instrument
  No. 2010-107113 in the Real Property Records of Denton County,
  Texas, and recorded again on July 25, 2011 as Instrument
  No. 2011-68617 in the Real Property Records of Denton County,
  Texas.
         Except Tract 4:
         29.444 acres of land, situated in the J. McDonald Survey,
  A-873, Denton County, Texas, and being more particularly described
  in that certain Special Warranty Deed from SLF II Cole Property,
  L.P. to the City of Denton, Texas dated to be effective as of
  December 27, 2016 and recorded on December 29, 2016 as Instrument
  No. 163835 in the Real Property Records of Denton County, Texas.
         SECTION 3.  (a) The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor,
  lieutenant governor, and speaker of the house of representatives
  within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act have been
  fulfilled and accomplished.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4693 was passed by the House on May
  10, 2019, by the following vote:  Yeas 122, Nays 19, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4693 was passed by the Senate on May
  22, 2019, by the following vote:  Yeas 28, Nays 3.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor