Relating to the creation of the Craver Ranch Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments and fees; granting a limited power of eminent domain.

89(R) HB 5658 - Enrolled version - Bill Text

H.B. No. 5658

relating to the creation of the Craver Ranch Municipal Management

District No. 1; providing authority to issue bonds; providing

authority to impose assessments and fees; granting a limited power

of eminent domain.

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 4020 to read as follows:

CHAPTER

4020. CRAVER RANCH MUNICIPAL MANAGEMENT DISTRICT NO.

1

SUBCHAPTER A.

GENERAL PROVISIONS

Sec. 4020.0101. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "City" means the City of Denton.

(3) "Director" means a board member.

(4)

"District" means the Craver Ranch Municipal

Management District No.

1.

Sec.

4020.0102.

NATURE OF DISTRICT. The Craver Ranch

Municipal Management District No.

1 is a special district created

under Section 59, Article XVI, Texas Constitution.

Sec.

4020.0103.

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 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 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 services provided in the

district.

Sec.

4020.0104.

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; and

(3)

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.

4020.0105.

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

(4) legality or operation.

Sec.

4020.0106.

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 under

Chapter 311, Tax Code; or

(2)

a tax abatement reinvestment zone created under

Chapter 312, Tax Code.

Sec.

4020.0107.

APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec.

4020.0108.

PRECONDITION.

(a)

The district may not

exercise any powers granted to the district by this chapter or other

law unless a development agreement between the city and the primary

landowner in the district that establishes the standards that apply

to development in the district, in addition to those contained in

zoning, subdivision, and other applicable ordinances of the city,

has been executed.

(b)

After September 1, 2030, if a development agreement

described by Subsection (a) has not been executed, the board shall

dissolve the district in the manner provided by Section

4020.0901(b) if the board receives a written dissolution request

from the city.

Sec.

4020.0109.

CONSTRUCTION OF CHAPTER. This chapter

shall be liberally construed in conformity with the findings and

purposes stated in this chapter.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec.

4020.0201.

GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors who serve staggered

terms of four years.

(b)

Directors are elected in the manner provided by

Subchapter D, Chapter 49, Water Code.

Sec.

4020.0202.

COMPENSATION; EXPENSES. (a) A director is

entitled to receive fees of office and reimbursement for actual

expenses as provided by Section 49.060, Water Code.

(b)

Sections 375.069 and 375.070, Local Government Code, do

not apply to the board.

Sec.

4020.0203.

INITIAL DIRECTORS. (a) The initial board

consists of the following directors:

Pos. No.

Name of Director

1

Jessica Burton

2

Paul Aycock

3

Isabelle Holbrook

4

Ana Martin

5

Justine Spurgin

(b) Initial directors serve until the earlier of:

(1)

the date permanent directors are elected under

Section 4020.0201; 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 4020.0201 and the terms of the initial directors have

expired, successor 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 4020.0201; 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 Texas Commission on Environmental

Quality requesting that the commission appoint as successor

directors the five persons named in the petition.

The commission

shall appoint as successor directors the five persons named in the

petition.

SUBCHAPTER C. POWERS AND DUTIES

Sec.

4020.0301.

GENERAL POWERS AND DUTIES. The district

has the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec.

4020.0302.

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 a development agreement described by

Section 4020.0108, under this chapter, or under 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.

4020.0303.

NONPROFIT CORPORATION. (a) The board by

resolution may authorize the creation of a nonprofit corporation to

assist and act for the district in implementing a project or

providing a service authorized by this chapter.

(b) The nonprofit corporation:

(1)

has each power of and is considered to be a local

government corporation created under Subchapter D, Chapter 431,

Transportation Code; and

(2)

may implement any project and provide any service

authorized by this chapter.

(c)

The board shall appoint the board of directors of the

nonprofit corporation. The board of directors of the nonprofit

corporation shall serve in the same manner as the board of directors

of a local government corporation created under Subchapter D,

Chapter 431, Transportation Code, except that a board member is not

required to reside in the district.

Sec.

4020.0304.

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.

4020.0305.

ECONOMIC DEVELOPMENT PROGRAMS. (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 provided to

municipalities by:

(1) Chapter 380, Local Government Code; and

(2) Subchapter A, Chapter 1509, Government Code.

Sec.

4020.0306.

PARKING FACILITIES. (a) The district may

acquire, lease as lessor or lessee, construct, develop, own,

operate, and maintain parking facilities or a system of parking

facilities, including lots, garages, parking terminals, or other

structures or accommodations for parking motor vehicles off the

streets and related appurtenances.

(b)

The district's parking facilities serve the public

purposes of the district and are owned, used, and held for a public

purpose even if leased or operated by a private entity for a term of

years.

(c)

The district's parking facilities are parts of and

necessary components of a street and are considered to be a street

or road improvement.

(d)

The development and operation of the district's parking

facilities may be considered an economic development program.

Sec.

4020.0307.

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.

4020.0308.

ADDING OR EXCLUDING LAND. Except as

provided by Section 4020.0309, 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.

Sec.

4020.0309.

DIVISION OF DISTRICT.

(a) The district may

be

divided into two or more new districts only if the district has

no outstanding bonded debt.

(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) 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.

(f)

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.

(g)

Municipal consent to the creation of the district and to

the inclusion of land in the district granted under Section

4020.0503

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.

Sec.

4020.0310.

CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.

Section 375.161, Local Government Code, does not apply to the

district.

Sec.

4020.0311.

NO AD VALOREM TAX.

The district may not

impose an ad valorem tax.

Sec.

4020.0312.

EMINENT DOMAIN. Subject to the limitations

provided by Section 54.209, Water Code, the district may exercise

the power of eminent domain in the manner provided by Section

49.222, Water Code.

SUBCHAPTER D. ASSESSMENTS

Sec.

4020.0401.

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 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.

4020.0402.

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.

(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 a

taxing unit, as that term is defined by Section 1.04, Tax Code, 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.

SUBCHAPTER E. BONDS

Sec.

4020.0501.

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, by public or private sale,

bonds, notes, or other obligations payable wholly or partly from

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 district may issue, by public or private sale,

bonds, notes, or other obligations payable wholly or partly from

assessments in the manner provided by Subchapter A, Chapter 372,

Local Government Code, if the improvement financed by the

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.

Sec.

4020.0502.

BONDS SECURED BY REVENUE OR CONTRACT

PAYMENTS. The district may issue, without an election, bonds

secured by:

(1) revenue, including contract revenues; or

(2)

contract payments, provided that the requirements

of Section 49.108, Water Code, have been met.

Sec.

4020.0503.

CONSENT OF MUNICIPALITY REQUIRED. (a) The

board may not issue bonds 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.

(b)

This section applies only to the district's first

issuance of bonds.

SUBCHAPTER I. DISSOLUTION

Sec.

4020.0901.

DISSOLUTION. (a) The board shall dissolve

the district on written petition filed with the board by the owners

of:

(1)

at least two-thirds 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)

at least two-thirds 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 or other indebtedness

until that indebtedness has been repaid or defeased in accordance

with the order or resolution authorizing the issuance of the bonds

or other indebtedness;

(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 Craver Ranch Municipal Management District

No. 1 initially includes all territory contained in the following

area:

LEGAL DESCRIPTION

2801.468 Acres

BEING all of that tract of land situated in the P.G. Yarborough

Survey, Abstract No. 1447, the J. Morton Survey, Abstract No. 121,

the W. Norment Survey, Abstract No. 965, the J.W. Jagoe Survey,

Abstract No. 1640, the A.W. Patton Survey, Abstract No. 990 and the

W. A. Thompson Survey, Abstract No. 1238, City of Sanger, Denton

County, Texas, and being all of a called 0.862 acre tract of land

described in the deed to Raymond & Jewel Vinson, recorded in

Instrument No. 2008-66099, Official Records of Denton County,

Texas, and all of a called 623.211 acre tract of land described in

the deed to Daredevil Communications LLC, recorded in Instrument

No. 2018-109219, said Official Records, and all of a called 66.247

acre tract of land described as Tract III, in the deed to Gregory J.

Egner, Jr., Trustee of the Egner Family Living Trust, recorded in

Instrument No. 2016-23869, said Official Records, and all of a

called 1892.409 acre tract of land described as Tract I and all of a

called 219.478 acre tract of land described as Tract II, in the deed

to NTCH-NM, LLC, recorded in Instrument No. 2024-44505, said

Official Records, and being more particularly described as follows:

BEGINNING at a wooden right-of-way monument found in the east

right-of-way line of FM 2164 (Variable width right-of-way), at a

westerly corner of said 623.211 acre tract, and the common

southwest corner of Wild West Addition, recorded in Cabinet G, Page

150, Plat Records of Denton County, Texas;

THENCE North 89° 00' 03" East, with a north line of said 623.211 acre

tract, a distance of 1562.78 feet to a 1/2-inch iron rod with a cap

stamped 'RPLS 6677" set (hereinafter referred to as capped iron rod

set) at a T-Post at the southeast corner of said Wild West Addition;

THENCE North 00° 29' 29" West, with a westerly line of said 623.211

acre tract, a distance of 1460.42 feet to a wood fence corner post

found at the southwest corner of a called 11.015 acre tract

described in deed to Jason Walden and wife, Marianne K. Benton

Sharp, recorded in Instrument No. 2014-107288, said Official

Records;

THENCE North 89° 02' 03" East, with the north line of said 623.211

acre tract, a distance of 2688.93 feet to a 1/2-inch capped iron rod

found at the northwest corner of a called 10.021 acre tract

described as Tract one in deed to Augie's Addition, L.L.C.,

recorded in Instrument No. 2008-40851, said official Records;

THENCE South 01° 10' 35" East, with an easterly line of said 623.211

acre tract, a distance of 1174.75 feet to a 1/2-inch capped iron rod

found at the southwest corner of said 10.021 acre tract;

THENCE North 89° 09' 19" East, with a northerly line of said 623.211

acre tract, a distance of 741.27 feet to a 1/2-inch capped iron rod

found at the southeast corner of said 10.021 acre tract, at the

northeast corner of said 623.211 acre tract, at the northwest

corner of said 1892.409 acre tract, and at the common southwest

corner of a called 20.190 acre tract of land described in deed to

Richard W. Freeman and Wife, Janice H. Freeman, recorded in

Instrument No. 2009-147025, said Official Records;

THENCE North 88° 27' 29" East, with a north line of said 1892.409

acre tract, a distance of 2530.35 feet to a wooden fence corner post

found at the southeast corner of Quail Ridge Estates, recorded in

Cabinet R, Slide 274, said Plat Records, and in the west line of

Culp Branch Addition, recorded in Cabinet B, Page 323, said Plat

Records;

THENCE South 01° 28' 30" East, with an easterly line of said 1892.409

acre tract, a distance of 1977.73 feet to a 1-inch iron rod found at

the southwest corner of a called 28.870 acre tract described in deed

to Richard Alan Estes and Gaye Lynn Estes, Trustees of the Estes

Family Living Trust, recorded in Instrument No. 2014-47520, said

Official Records;

THENCE North 89° 02' 14" East, with a northerly line of said 1892.409

acre tract, a distance of 1883.14 feet to a 1/2-inch capped iron rod

found (illegible) at the southeast corner of said 28.870 acre

tract;

THENCE North 01° 10' 24" West, with a westerly line of said 1892.409

acre tract, a distance of 2799.94 feet to a 1-inch iron pipe found

in the east line of said Culp Branch Addition;

THENCE North 01° 08' 36" West, continuing with the westerly line of

said 1892.409 acre tract, a distance of 1324.91 feet to a 5/8-inch

iron rod found at the northeast corner of a called 42.98 acre tract

described as Tract II, in deed to Dave & Dave LTD, Co., recorded in

Instrument No. 2001-80814, said Official Records, and at a

southerly corner of Lake Ride Estates, recorded in Cabinet W, Page

651, said Plat Records;

THENCE North 01° 23' 13" West, continuing with the westerly line of

said 1892.409 acre tract, a distance of 465.52 feet to a metal fence

corner post found at a northwesterly corner of said 1892.409 acre

tract and in a southerly line of said Lake Ridge Estates;

THENCE North 88° 59' 10" East, with a northerly line of said 1892.409

acre tract, a distance of 2876.25 feet to a metal fence corner post

found at a northeasterly corner of said 1892.409 acre tract and at

the southeast corner of a called 10.56 acre tract described in deed

to Ronny Ryan Allen, recorded in Instrument No. 2011-59595, said

Official Records, and in the west line of a called 16.00 acre tract

described in deed to Jack Albert Jr. & Wendy Harrod Hall, Trustees

of the Jack & Wendy Hall Living Trust, recorded in Instrument

No. 2018-135544, said Official Records;

THENCE South 03° 18' 46" East, with an easterly line of said 1892.409

acre tract, a distance of 422.97 feet to a metal fence corner post

found at the southwest corner of said 16.00 acre tract;

THENCE North 88° 56' 44" East, with the northerly line of said

1892.409 acre tract, a distance of 2390.11 feet to a 1/2-inch capped

iron rod found (illegible) at the southeast corner of a called

33.021 acre tract described in deed to Dan C. Reding & Elizabeth J.

Reding, recorded in Instrument No. 2011-92590, said Official

Records, and at the southwest corner of a called 90.32 acre tract

described in deed to NTCH NM LLC, recorded in Instrument

No. 2015-91618, said Official Records;

THENCE North 89° 00' 59" East, continuing with the northerly line of

said 1892.409 acre tract, a distance of 2359.32 feet to a wood

right-of-way monument found in the west right-of-way line of FM

2153 (Prescriptive right-of-way), at the northeast corner of said

1892.409 acre tract and the common southeast corner of said 90.32

acre tract;

THENCE South 01° 04' 48" East, with the east line of said 1892.409

acre tract and the west right-of-way line of FM 2153 (Prescriptive

right-of-way), a distance of 3615.71 feet to a capped iron rod set;

THENCE South 00° 48' 48" East, continuing with the east line of said

1892.409 acre tract and the west right-of-way line of FM 2153

(Prescriptive right-of-way), a distance of 572.81 feet, to a mag

nail found in a fence corner post at the northeast corner of a

called 15.00 acre tract described in deed to Bijan Janami,

Shahrivar Sobhanian & Shahla Nouri Kohani, recorded in Instrument

No. 2024-50795, said Official Records;

THENCE South 89° 13' 22" West, with a southerly line of said 1892.409

acre tract, a distance of 2156.68 feet to a 1-inch iron rod found at

the northwest corner of said 15.00 acre tract;

THENCE South 01° 04' 05" East, with the easterly line of said

1892.409 acre tract, a distance of 303.17 feet to a 1-inch iron pipe

found at the southwest corner of said 15.00 acre tract;

THENCE South 01° 34' 19" East, continuing with the easterly line of

said 1892.409 acre tract, a distance of 331.29 feet to a 1/2-inch

capped iron rod found (illegible) at the northwest corner of a

called 16.364 acre tract described in deed to Spire Tower US LLC,

recorded in Instrument No. 2024-48396, said Official Records;

THENCE South 01° 29' 45" East, continuing with the easterly line of

said 1892.409 acre tract, a distance of 242.84 feet to a 1/2-inch

iron rod found at the most westerly southwest corner of said 16.364

acre tract;

THENCE South 73° 44' 27" East, continuing with the easterly line of

said 1892.409 acre tract, a distance of 237.66 feet to a capped iron

rod set;

THENCE South 82° 07' 13" East, continuing with the easterly line of

said 1892.409 acre tract, a distance of 266.22 feet to a 3/8-inch

iron rod found at the most southerly southwest corner of said 16.364

acre tract and the northwest corner of Parks Addition, recorded in

Instrument No. 2010-206, said Official Records;

THENCE with the east line of said 1892.409 acre tract and the west

line of said Parks Addition, the following courses:

1. South 11° 04' 31" East, a distance of 138.03 feet;

2. South 32° 46' 02" East, a distance of 51.03 feet;

3. South 48° 18' 56" East, a distance of 56.57 feet;

4. South 68° 05' 51" East, a distance of 30.19 feet;

5. South 81° 20' 09" East, a distance of 27.00 feet;

6. South 88° 48' 25" East, a distance of 243.52 feet to a

1/2-inch iron rod found at the northwest corner of a called 37.7184

acre tract described in deed to Larry Hibberd & Spouse, Darlene

Hibberd, recorded in Instrument No. 2000-4481, said Official

Records;

THENCE with the east line of said 1892.409 acre tract and the west

line of said 37.7184 acre tract, the following courses:

1. South 08° 13' 25" East, a distance of 631.62 feet;

2. South 04° 44' 10" East, a distance of 210.34 feet;

3. South 14° 00' 51" East, a distance of 106.56 feet;

4. South 19° 03' 47" East, a distance of 77.78 feet;

5. South 18° 22' 42" East, a distance of 176.66 feet;

6. South 28° 35' 49" East, a distance of 57.16 feet;

7. South 35° 51' 23" East, a distance of 64.50 feet;

8. South 76° 20' 21" East, a distance of 117.45 feet;

9. North 86° 19' 20" East, a distance of 145.94 feet;

10. South 61° 14' 20" East, a distance of 116.10 feet;

11. South 22° 57' 45" East, a distance of 147.48 feet to a

capped iron rod set;

THENCE North 89° 32' 36" East, with a northerly line of said 1892.401

acre tract, a distance of 572.51 feet to a point in the west

right-of-way line of FM 2153 (prescriptive right-of-way), at a

northeasterly corner of said 1892.401 acre tract, from which a

1/2-inch iron rod found bears South 89° 32' 36" West, a distance of

1.41 feet;

THENCE South 00° 48' 48" East, a distance of 3094.50 feet to a capped

iron rod set at the beginning of a non-tangential curve to the left;

With said curve to the left, having a radius of 1191.00 feet, a

central angle of 09° 26' 19", an arc length of 196.20 feet, a chord

that bears South 04° 26' 21" East, a distance of 195.98 feet to a mag

nail set in Shepard Road (No Record Found, Prescriptive

right-of-way), at the end of said curve;

THENCE with the south line of said 1892.409 acre tract and in said

Shepard Road, the following courses:

1. South 89° 50' 46" West, a distance of 1858.57 feet to a mag

nail set;

2. South 89° 28' 44" West, a distance of 945.64 feet to a

1/2-inch iron rod found;

3. South 89° 23' 55" West, a distance of 1927.35 feet to a mag

nail set;

THENCE North 00° 44' 22" West, with a westerly line of said 1892.409

acre tract, a distance of 2953.22 feet to a metal fence corner post

found at the northeast corner of a called 318.00 acre tract

described in deed to Jones-Brown-Davis Limited Partnership,

recorded in Instrument No. 2002-146053, said Official Records;

THENCE with the south line of said 1892.409 acre tract, the

following courses:

1. South 88° 03' 15" West, a distance of 4794.40 feet to a

capped iron rod set at a T-Post;

2. North 00° 55' 35" West, a distance of 1017.61 feet to a

metal fence corner post found at the northeast corner of a called

202.501 acre tract described in deed to Eric Seymour & Elizabeth

Seymour, recorded in Instrument No. 2013-79507, said Official

Records;

3. South 88° 36' 29" West, a distance of 2289.40 feet to a

1/2-inch capped iron rod stamped "ALLIANCE" found at the northwest

corner of said 202.501 acre tract and at the northeast corner of a

called 9.987 acres tract described as Tract I in deed to Gregory J.

Egner, Jr. Trustee of the Egner Family Living Trust, recorded in

Instrument No. 2016-23869, said Official Records;

4. South 87° 55' 15" West, a distance of 249.50 feet to a

1/2-inch iron rod found at the southwest corner of said 1892.409

acre tract and the southeast corner of said 66.247 acre tract;

THENCE South 88° 41' 14" West, with the south line of said 66.247

acre tract, a distance of 2067.47 feet to a wood fence corner post

found at the southwest corner of said 66.247 acre tract and at the

northwest corner of a called 15.00 acre tract described in deed to

Richard G. Buckner, recorded in Instrument No. 2015-20724, said

Official Records, and in the east line of said 623.211 acre tract;

THENCE South 00° 40' 20" East, partially with the east line of said

623.211 acre tract and the east line of said 219.478 acre tract, a

distance of 1127.14 feet to a 1/2-inch iron rod found at the

northwest corner of a called 5.00 acre tract described as Tract I,

in deed to Edward Flores & Wife, Diena Flores, recorded in

Instrument No. 1984-39110 (Volume 1449, Page 258), Deed Records of

Denton County, Texas, in Indian Wells Road (No Record Found,

Prescriptive right-of-way assumed);

THENCE South 00° 42' 40" East, continuing with the east line of said

219.478 acre tract, a distance of 1515.14 feet to a 1/2-inch iron

rod found at the southwest corner of a called 5.53 acre tract

described in deed to C&P COUNTRYLIFE LLC, recorded in Instrument

No. 2020-164077, said Official Records, and at the northwest corner

of a called 9.887 acre tract described in deed to Lendal R. Patton &

Wife, Lisa B. Patton, recorded in Instrument No. 1996-011783, said

Official Records;

THENCE South 00° 27' 46" East, continuing with the east line of said

219.478 acre tract, a distance of 824.08 feet to a 1/2-inch iron rod

found in Gribble Springs Road (No record found, Prescriptive

right-of-way assumed), at the southeast corner of said 219.478 acre

tract and the northeast corner of a called 2.00 acre tract described

in deed to Mark Laird & Kristie Laird, recorded in Instrument

No. 2017-94146, said Official Records;

THENCE South 89° 05' 08" West, with the south line of said 219.478

acre tract, a distance of 3024.85 feet to a 1/2-inch iron rod found

at the southwest corner of said 219.478 acre tract;

THENCE North 00° 57' 06" West, with a westerly line of said 219.478

acre tract, a distance of 1380.73 feet to a metal fence corner post

found at the northeast corner of a called 15.000 acre tract

described in deed to Timothy Gene Trietsch, Karen Reynolds, Michael

Trietsch & Patricia Temple, recorded in Instrument

No. 2022-120814, said Official Records;

THENCE South 89° 17' 21" West, with a southerly line of said 219.478

acre tract, a distance of 653.46 feet to a 1/2-inch iron rod found

at the northwest corner of said 15.000 acre tract, and at the

northeast corner of a called 4.84 acre tract described in deed to

Rodney Lane & Marlena Lane, recorded in Instrument No. 2013-17328,

said Official Records;

THENCE South 89° 28' 10" West, continuing with a southerly line of

said 219.478 acre tract, a distance of 600.27 feet to a wood fence

corner post found at the southeast corner of said 0.862 acre tract;

THENCE South 88° 55' 28" West, with the south line of said 0.862 acre

tract, a distance of 183.01 feet to a 1/2-inch iron rod found at the

southwest corner of said 0.862 acre tract, in the east right-of-way

line of FM 2164 (variable width right-of-way);

THENCE North 31° 05' 48" East, partially with the west line of said

0.862 acre tract, a distance of 61.86 feet to a capped iron rod set

at the beginning of a curve to the left;

With said curve to the left, with the west line of said 219.478 acre

tract and the east right-of-way line of FM 2164 (variable width

right-of-way), having a radius of 1000.40 feet, a central angle of

32° 06' 00", an arc length of 560.47 feet, a chord that bears North

15° 02' 48" East, a distance of 553.17 feet to a capped iron rod set

at the end of said curve;

THENCE partially with the west line of said 219.478 acre tract and

with the west line of said 623.211 acre tract and the east

right-of-way line of FM 2164 (variable width right-of-way), the

following courses:

1. North 01° 00' 12" West, passing the northwest corner of

said 219.478 acre tract at a distance of 657.88 feet and the

southwest corner of said 623.211 acre tract, for a total distance of

1804.13 feet to a capped iron rod set;

2. North 13° 02' 02" East, a distance of 103.08 feet to a

capped iron rod set;

3. North 01° 00' 08" West, a distance of 951.10 feet to a

capped iron rod set at the beginning of a curve to the right;

4. With said curve to the right, having a radius of 1076.30

feet, a central angle of 17° 26' 23", an arc length of 327.60 feet, a

chord that bears North 07° 43' 03" East, a distance of 326.34 feet to

a capped iron rod set at the end of said curve, from which a wood

right-of-way monument found bears South 13° 13' 34" West, a distance

of 2.43 feet;

5. North 04° 51' 24" East, a distance of 101.94 feet to a

capped iron rod set at the beginning of a non-tangential curve to

the right;

6. With said curve to the right, having a radius of 1101.30

feet, a central angle of 33° 47' 29", an arc length of 649.51 feet, a

chord that bears North 38° 32' 07" East, a distance of 640.14 feet to

a capped iron rod set at the end of said curve;

7. North 55° 25' 52" East, a distance of 404.80 feet to a

capped iron rod set at the beginning of a curve to the left;

8. With said curve to the left, having a radius of 1186.30

feet, a central angle of 55° 16' 59", an arc length of 1144.63 feet,

a chord that bears North 27° 47' 22" East, a distance of 1100.74 feet

to a 1/2-inch capped iron rod found;

9. North 00° 08' 52" East, a distance of 333.40 feet to the

POINT OF BEGINNING and enclosing 2801.468 acres (122,031,951 square

feet) of land, more or less.ra

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 4020.0312, 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 4020, Special

District Local Laws Code, as added by Section 1 of this Act, is

amended by adding Section 4020.0312 to read as follows:

Sec.

4020.0312.

NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

SECTION 5. 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, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 5658 was passed by the House on May 7,

2025, by the following vote: Yeas 103, Nays 45, 2 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 5658 on May 30, 2025, by the following vote: Yeas 85, Nays 52,

2 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 5658 was passed by the Senate, with

amendments, on May 28, 2025, by the following vote: Yeas 28, Nays

3.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor