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

89(R) HB 5682 - Enrolled version - Bill Text

H.B. No. 5682

relating to the creation of the Colmena Ranch Municipal Management

District No. 1; granting a limited power of eminent domain;

providing authority to issue bonds; providing authority to impose

assessments and fees.

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 4019 to read as follows:

CHAPTER

4019. COLMENA RANCH MUNICIPAL MANAGEMENT DISTRICT NO. 1

SUBCHAPTER A.

GENERAL PROVISIONS

Sec. 4019.0101. DEFINITIONS. In this chapter:

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

(2) "County" means Collin County.

(3) "Director" means a board member.

(4)

"District" means the Colmena Ranch Municipal

Management District No. 1.

Sec.

4019.0102.

NATURE OF DISTRICT. The Colmena Ranch

Municipal Management District No. 1 is a special district created

under Section 59, Article XVI, Texas Constitution.

Sec.

4019.0103.

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 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 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 county services provided in the

district.

Sec.

4019.0104.

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.

4019.0105.

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.

4019.0106.

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.

4019.0107.

APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

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

Sec.

4019.0108.

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.

4019.0201.

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.

4019.0202.

COMPENSATION; EXPENSES. (a) The district

may compensate each director in an amount not to exceed $150 for

each board meeting. The total amount of compensation for each

director in one year may not exceed $7,200.

(b)

A director is entitled to reimbursement for necessary

and reasonable expenses incurred in carrying out the duties and

responsibilities of the board.

(c)

Sections 375.069 and 375.070, Local Government Code, do

not apply to the board.

Sec.

4019.0203.

INITIAL DIRECTORS. (a) The initial board

consists of the following directors:

Pos. No.

Name of Director

1

Eric Burton

2

Mike Alley

3

Jacob Thompson

4

Rodney Price

5

David Medis

(b)

Of the initial directors, the terms of directors

appointed for positions one through three expire June 1, 2027, and

the terms of directors appointed for positions four and five expire

June 1, 2029.

SUBCHAPTER C. POWERS AND DUTIES

Sec.

4019.0301.

GENERAL POWERS AND DUTIES. The district

has the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec.

4019.0302.

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.

4019.0303.

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.

4019.0304.

LAW ENFORCEMENT SERVICES. To protect the

public interest, the district may contract with a qualified party,

including the county or a municipality with territory in the

district, to provide law enforcement services in the district for a

fee.

Sec.

4019.0305.

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.

4019.0306.

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.

4019.0307.

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.

4019.0308.

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.

4019.0309.

ADDING OR EXCLUDING LAND. Except as

provided by Section 4019.0310, 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.

4019.0310.

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.

Sec.

4019.0311.

CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.

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

district.

Sec.

4019.0312.

NO AD VALOREM TAX.

The district may not

impose an ad valorem tax.

Sec.

4019.0313.

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.

4019.0401.

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.

4019.0402.

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.

4019.0501.

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, impact fees, 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.

4019.0502.

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.

4019.0503.

CONDITION PRECEDENT TO ISSUING

OBLIGATIONS. (a)

The district may not issue bonds, notes, or other

obligations under this subchapter unless the district has entered

into a contract with a municipality, the county, or another entity

that:

(1)

provides for adequate supplemental police, fire,

and emergency services for the district; and

(2)

is approved by the commissioners court of the

county under Subsection (c).

(b)

A contract under Subsection (a) may include a provision

that the contract takes effect only on the approval of the

commissioners court of the county and the voters in the district

voting in an election held for that purpose.

(c)

The commissioners court of the county shall review a

contract under Subsection (a) and evaluate the supplemental police,

fire, and emergency services provided for in the contract. If the

commissioners court determines that the contract provides for

adequate services, the commissioners court shall adopt a resolution

stating that the contract has met the requirements of Subsection

(a).

SUBCHAPTER I. DISSOLUTION

Sec.

4019.0901.

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 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 Colmena Ranch Municipal Management District

No. 1 initially includes all territory contained in the following

area:

METES AND BOUNDS DESCRIPTION

Tract 1

BEING a tract of land situated in the J. Wilson Survey, Abstract

No. 994 in Collin County, Texas, being part of a tract conveyed to

BFJ Land, LLC, by deed recorded in Document No. 20130913001293160

of the Official Public Records, Collin County, Texas (OPRCCT), with

the subject tract being more particularly described as follows:

BEGINNING at a PK nail set at the intersection of the east line of

Farm to Market Road 543, a variable width public right-of-way, with

the approximate center of County Road 205, a public road;

THENCE along County Road 205, the following:

N 89°26'47" E, 1169.87 feet to a MAG nail found;

N 89°20'19" E, 788.96 feet to a MAG nail found;

N 89°36'12" E, 904.70 feet;

N 88°40'44" E, 1224.72 feet to a MAG nail found;

And N 89°18'20" E, 1177.86 feet to a 1/2" iron rod with plastic cap

found at the intersection of County Road 205 and County Road 204;

THENCE S 00°04'46" E, 822.78 feet along said road to a 5/8" iron rod

found at the intersection thereof with the north line of the Collin

County Outer Loop, conveyed as Parcel No. 56 to Collin County,

Texas, recorded in Document No. 20201228002329490 OPRCCT;

THENCE along the north line of Parcel No. 56, the following:

S 65°15'29" W, 131.00 feet;

A tangent curve to the right having a central angle of 24°08'07", a

radius of 2800.00 feet, a chord of S 77°19'32" W - 1170.77 feet, an

arc length of 1179.47 feet to a 5/8" iron rod found;

S 89°23'36" W, 1506.29 feet;

N 45°37'27" W, 49.51 feet;

S 89°23'36" W, 77.70 feet;

S 54°39'17" W, 61.42 feet;

And S 89°23'36" W, 2336.13 feet to the east line of Farm to Market

Road 543;

THENCE N 00°00'17" W, 1107.71 feet along the east line thereof to the

POINT OF BEGINNING with the subject tract containing 5,722,211

square feet or 131.364 acres of land.

Tract 2

BEING a tract of land situated in the J. Wilson Survey, Abstract

No. 994 in Collin County, Texas, being part of a tract conveyed to

BFJ Land, LLC, by deed recorded in Document No. 20130913001293160

of the Official Public Records, Collin County, Texas (OPRCCT), with

the subject tract being more particularly described as follows:

BEGINNING at a 1/2" iron rod with plastic cap found on the east line

of Farm to Market Road 543, a variable width public right-of-way,

for the northwest corner of a tract conveyed to Bitted H, LLC,

recorded in Document No. 20150617000723180 OPRCCT;

THENCE along the east line of Farm to Market Road 543, the

following:

N 00°25'17" W, 1227.59 feet;

N 00°16'17" W, 922.58 feet;

And N 01°21'17" W, 370.16 feet to a 5/8" iron rod with plastic cap

found for the intersection thereof with the south line of the Collin

County Outer Loop, conveyed as Parcel No. 56 to Collin County,

Texas, recorded in Document No. 20201228002329490 OPRCCT;

THENCE along the south line of Parcel No. 56, the following:

N 89°23'36" E, 1920.31 feet;

S 45°38'15" E, 28.30 feet to a 5/8" iron rod with plastic cap found;

N 89°23'36" E, 254.67 feet;

N 44°21'45" E, 28.27 feet;

And N 89°23'36" E, 1362.93 feet to the intersection thereof with the

west line of a tract conveyed to RMWD Limited Partnership, recorded

in Volume 5579, Page 4415, Deed Records, Collin County, Texas

(DRCCT);

THENCE along the west line thereof, the following:

S 13°35'50" W, 260.67 feet;

S 07°06'13" W, 1157.12 feet to a 3/8" iron rod found;

And S 89°51'29" E, 34.00 feet to a point being the northwest corner

of a tract conveyed to William Donald West and James Edwin West,

recorded in Volume 3291, Page 864 DRCCT;

THENCE S 08°28'41" W, 349.66 feet along the west line thereof;

THENCE S 00°31'19" E, 191.99 feet continuing along the west line of

said West tract to a 3/8" iron rod found for the northeast corner of

Honey Creek Country Estates, an addition recorded in Cabinet F,

Page 261, Plat Records, Collin County, Texas;

THENCE along the common line thereof, the following:

S 89°48'07" W, 842.55 feet to a 60d nail found;

S 89°42'02" W, 805.11 feet to a 1" iron pipe found;

S 03°11'09" E, 165.88 feet;

S 00°13'13" W, 548.06 feet to a 1/2" iron rod found;

And N 86°15'57" W, 619.60 feet to a 1/2" iron rod found for the

northeast corner of said Bitted H tract;

THENCE N 86°42'36" W, 1078.33 feet along the north line thereof to

the POINT OF BEGINNING with the subject tract containing 7,713,276

square feet or 177.072 acres of land.

Tract 3

BEING a tract of land situated in the J. Wilson Survey, Abstract

No. 994, the E.S. Burge Survey, Abstract No. 1082, the W. Wilhite

Survey, Abstract No. 1003, the W. Clement Survey, Abstract No. 225,

the G. Key Survey, Abstract No. 507, the W. Smith Survey, Abstract

No. 844, and the J. Brown Survey, Abstract No. 101, in Collin

County, Texas, being part of a tract conveyed to BFJ Land, LLC, by

deed recorded in Document No. 20130913001293160 of the Official

Public Records, Collin County, Texas (OPRCCT), with the subject

tract being more particularly described as follows:

BEGINNING at a MAG nail found in County Road 167, a public road, for

the northeast corner of a tract conveyed to Stanley Eugene Partee,

recorded in Document No. 20160314000302020 OPRCCT;

THENCE S 89°54'50" W, 1242.43 feet along the north line thereof;

THENCE S 89°35'36" W, 367.48 feet continuing along the north line of

said Partee tract to a 1/2" iron rod found for the northeast corner

of a tract conveyed to Back Nine Partners, L.P., recorded in

Document No. 20201109001983980 OPRCCT;

THENCE N 89°39'59" W, 166.01 feet along the north line thereof;

THENCE S 89°21'13" W, 1790.64 feet along the north line thereof;

THENCE S 89°30'07" W, 1589.20 feet along the north line of said Back

Nine tract to a 1/2" iron rod found on the east line of a tract

conveyed to Vakuna, LLC, recorded in Document

No. 20131022001448360 OPRCCT;

THENCE N 00°24'06" E, along the east line thereof, and of a tract

conveyed to Ronald W. Leeper and Diane Inez Sharp, recorded in

Volume 5220, Page 3293, Deed Records, Collin County, Texas (DRCCT),

and of a tract conveyed to Chad and Rachel Leeper, recorded in

Volume 4714, Page 2686 DRCCT, and of the Dahl/Norris Homestead

Addition, recorded in Cabinet 2022, Page 569, Plat Records, Collin

County, Texas (PRCCT), and of a tract conveyed to Ommid John

Ghaemmaghami, recorded in Document No. 20140814000869570 OPRCCT,

and of a tract conveyed to Ommid J. and Courtney Ghaemmaghami,

recorded in Document No. 20110509000475310 OPRCCT, passing at

2588.07 feet a MAG nail found for the southeast corner of Parcel

No. 55A of the Collin County Outer Loop, conveyed to Collin County,

Texas, recorded in Document No. 20201228002329480 OPRCCT, and

continuing along the east line of Parcel No. 55A a total distance

3171.04 feet to a point for the northeast corner of Parcel No. 55A,

being on the south line of Parcel No. 55, Collin County Outer Loop,

recorded in Document No. 20201228002329490 OPRCCT;

THENCE along the south line of the Collin County Outer Loop, the

following:

N 89°13'13" E, 210.13 feet;

S 79°26'37" E, 203.49 feet;

N 89°13'13" E, 150.98 feet;

N 75°19'16" E, 166.52 feet to a 5/8" iron rod with plastic cap found;

N 89°13'13" E, 1517.28 feet to a 5/8" iron rod with plastic cap

found;

S 49°42'24" E, 75.55 feet;

N 89°13'13" E, 50.84 feet;

N 64°17'53" E, 117.79 feet;

N 89°13'13" E, 2360.92 feet to a 5/8" iron rod with plastic cap

found;

A tangent curve to the left having a central angle of 42°35'32", a

radius of 3300.00 feet, a chord of N 67°55'27" E - 2397.04 feet, an

arc length of 2453.13 feet to a 5/8" iron rod found;

N 46°37'41" E, 1578.39 feet;

S 43°25'57" E, 47.76 feet;

N 46°34'03" E, 33.51 feet;

N 36°25'33" E, 269.46 feet;

N 46°37'41" E, 223.76 feet;

A tangent curve to the right having a central angle of 37°32'15", a

radius of 2800.00 feet, a chord of N 65°23'49" E - 1801.80 feet, an

arc length of 1834.43 feet;

S 48°14'54" E, 40.82 feet to a 5/8" iron rod with plastic cap found;

And a non-tangent curve to the right having a central angle of

05°26'22", a radius of 2770.00 feet, a chord of N 87°27'17" E - 262.88

feet, an arc length of 262.98 feet to a point being the intersection

of said Loop with the west line of Farm to Market Road 543, a

variable width public right-of-way;

THENCE along the west line of said road, the following:

S 01°21'17" E, 340.17 feet;

S 00°16'17" E, 921.92 feet;

S 00°25'17" E, 1490.69 feet to a 5/8" iron rod with plastic cap

found, being the north corner of the right-of-way tract for said

road, known as TxDOT Parcel No. P00054369, recorded in Document

No. 2022000163906 OPRCCT;

S 29°46'59" W, 60.17 feet to a 5/8" iron rod with plastic cap found;

S 03°25'17" E, 207.30 feet to a 5/8" iron rod with plastic cap found;

S 07°40'22" E, 108.15 feet;

S 14°33'57" E, 108.75 feet to a 5/8" iron rod with plastic cap found;

And S 26°42'17" E, 51.14 feet to the north northerly corner of Lot 1,

Block A, Wild H Cattle Co. Addition, recorded in Cabinet 2020, Page

325 PRCCT;

THENCE along the west line of Lot 1, the following:

S 00°54'03" E, 228.04 feet to a 1/2" iron rod found;

S 02°50'39" W, 243.00 feet to a 1/2" iron rod with plastic cap found;

S 80°56'23" W, 57.64 feet;

And S 01°49'09" E, 594.11 feet to a 1/2" iron rod found on the north

line of a tract conveyed to Wild H Cattle Company, recorded in

Document No. 20150617000722860 OPRCCT;

THENCE S 89°51'08" W, 749.10 feet along the north line thereof to a

1/2" iron rod with plastic cap found;

THENCE N 89°46'02" W, 547.81 feet continuing along the north line of

said Wild H Cattle tract, and of Lot 23, Block A, Hidden Hills, an

addition recorded in Cabinet E, Page 83 PRCCT, to a point for a

southeast corner of a tract conveyed to John A. and Jill A. Johnson,

recorded in Document No. 20070720001003670 OPRCCT, and being in

Honey Creek;

THENCE along said creek, the following:

N 25°50'12" W, 77.44 feet;

N 46°42'19" W, 88.32 feet;

N 10°30'52" E, 70.89 feet;

N 06°50'58" E, 561.41 feet;

N 13°37'41" E, 45.31 feet;

N 20°33'21" W, 30.25 feet;

N 48°39'21" W, 243.09 feet;

N 18°07'57" W, 175.52 feet;

N 47°56'08" W, 87.04 feet;

N 84°35'39" W, 71.96 feet;

S 21°05'45" W, 73.38 feet;

S 68°55'51" W, 49.82 feet;

N 55°08'17" W, 54.01 feet;

N 66°07'05" W, 167.64 feet;

N 35°57'13" W, 106.70 feet;

N 00°25'38" E, 213.24 feet;

N 33°48'14" W, 78.62 feet;

S 87°36'23" E, 37.26 feet;

N 65°18'48" W, 66.81 feet;

S 68°28'16" W, 167.76 feet;

S 58°21'05" W, 121.29 feet;

S 69°40'26" W, 65.98 feet;

N 63°10'19" W, 122.11 feet;

N 49°14'23" W, 117.55 feet;

And N 15°30'39" W, 13.23 feet;

THENCE N 87°36'23" W, 459.19 feet departing said creek, continuing

along the common line of said Johnson tract, to a 1/2" iron rod with

plastic cap found;

THENCE S 01°44'48" W, 663.61 feet continuing along the common line

thereof to a point in an unnamed creek;

THENCE along said creek, the following:

N 23°57'03" W, 40.32 feet;

N 55°55'46" W, 47.76 feet;

S 84°36'26" W, 99.42 feet;

S 38°38'28" W, 25.00 feet;

S 01°46'17" E, 14.75 feet;

S 41°44'49" E, 134.33 feet;

S 10°59'20" E, 11.55 feet;

S 11°12'25" E, 20.52 feet;

S 73°02'42" W, 45.95 feet;

N 59°20'41" W, 57.93 feet;

S 30°03'36" W, 37.36 feet;

S 16°32'48" E, 49.17 feet;

S 46°51'57" W, 50.38 feet;

N 63°00'21" W, 160.17 feet;

S 26°39'55" W, 47.04 feet;

S 23°03'17" E, 30.60 feet;

S 65°57'23" E, 47.63 feet;

S 23°00'56" E, 53.96 feet;

S 14°32'15" W, 62.64 feet;

S 60°50'12" W, 65.93 feet;

S 82°47'26" W, 65.53 feet;

N 66°02'45" W, 72.17 feet;

S 89°11'57" W, 47.00 feet;

S 55°07'38" W, 90.07 feet;

S 22°33'42" E, 41.09 feet;

And S 14°03'27" W, 121.64 feet to a point in said creek, being a

northerly corner of a tract conveyed to Javier R. and Margaret E.

Villareal, recorded in Document No. 20130730001064390 OPRCCT;

THENCE N 89°38'12" W, 212.34 feet along the north line thereof to a

point being the northeast corner of a tract conveyed to Cielo's Lake

Homeowner Association, recorded in Volume 5309, Page 7239 DRCCT;

THENCE S 45°35'48" W, 222.00 feet along the north line thereof to a

5/8" iron rod found;

THENCE S 84°55'46" W, 1251.88 feet continuing along the north line

of said Homeowner tract to a point for the northwest corner thereof;

THENCE S 01°10'19" W, along the west line thereof, and of a tract

conveyed to JPR Land, LLC, recorded in Document

No. 20190924001182240 OPRCCT, passing at 188.30 feet a 3/4" iron

pipe found for witness, continuing along the west line of said JPR

tract, passing into and along County Road 167, a total distance of

1138.21;

THENCE S 01°09'14" W, 954.03 feet continuing along County Road 167

to the POINT OF BEGINNING with the subject tract containing

28,563,347 square feet or 655.724 acres of land.

Tract 4

BEING a tract of land situated in the J. Brown Survey, Abstract

No. 101, the J. Brown Survey, Abstract No. 82, the B. Thayer

Survey, Abstract No. 915, the T. & P.R.R. Co. Survey, Abstract

No. 930, and the C. Gilman Survey, Abstract No. 345, in Collin

County, Texas, being part of a tract conveyed to BFJ Land, LLC, by

deed recorded in Document No. 20130913001293160 of the Official

Public Records, Collin County, Texas (OPRCCT), with the subject

tract being more particularly described as follows:

BEGINNING at a MAG nail found in County Road 125, a public road, for

the southeast corner of a tract conveyed to the Larry and Carolyn

Smith Irrevocable Trust, recorded in Document

No. 20220321000448030 OPRCCT;

THENCE N 00°43'02" W, 444.24 feet departing said road, along the

east line of said Smith tract to a 5/8" iron rod with plastic cap

found for the southwest corner of Parcel No. 55 of the Collin County

Outer Loop, conveyed to Collin County, Texas, recorded in Document

No. 20201228002329490 OPRCCT;

THENCE along the south line of Parcel No. 55, the following:

N 89°13'13" E, 1847.93 feet;

S 75°42'54" E, 83.36 feet;

N 89°29'18" E, 575.84 feet to a 5/8" iron rod with plastic cap found;

N 77°50'04" E, 123.39 feet;

And N 89°13'13" E, 1179.82 feet to the intersection thereof with

Parcel No. 55A, Collin County Outer Loop, recorded in Document

No. 20201228002329480 OPRCCT;

THENCE along the west line of Parcel No. 55A, the following:

S 00°24'06" W, 518.61 feet;

S 46°23'53" W, 36.07 feet;

And S 00°29'10" W, 36.57 feet to a point in County Road 125, from

which a MAG nail found for the southeast corner of Parcel No. 55A

bears S 88°36'07" E, 86.01 feet;

THENCE generally along County Road 125, the following:

N 88°36'07" W, 1021.75 feet;

N 89°21'02" W, 349.12 feet;

N 78°33'01" W, 250.03 feet;

N 89°09'30" W, 961.79 feet;

And S 89°35'13" W, 1191.81 feet to the POINT OF BEGINNING with the

subject tract containing 1,865,734 square feet or 42.831 acres of

land.

Tract 5

BEING a tract of land situated in the G. Key Survey, Abstract

No. 507, the G. Kenneday Survey, Abstract No. 498, the J. Brown

Survey, Abstract No. 101, the J. Brown Survey, Abstract No. 82, the

T. & P.R.R. Co. Survey, Abstract No. 930, the C. Gilman Survey,

Abstract No. 345, the A. Chandler Survey, Abstract No. 199, and the

T. Culwell Survey, Abstract No. 207, in Collin County, Texas, being

part of a tract conveyed to BFJ Land, LLC, by deed recorded in

Document No. 20130913001293160 of the Official Public Records,

Collin County, Texas (OPRCCT), with the subject tract being more

particularly described as follows:

BEGINNING at a MAG nail found at the intersection of the west line

of Farm to Market Road 543, a variable width public right-of-way,

with the approximate centerline of County Road 170, a public road;

THENCE along the west line of Farm to Market Road 543, the

following:

S 00°00'17" E, 256.98 feet;

S 89°59'43" W, 10.00 feet;

And S 00°00'17" E, 810.56 feet to a 5/8" iron rod with plastic cap

found for the northeast corner of Parcel No. 55 of the Collin County

Outer Loop, conveyed to Collin County, Texas, recorded in Document

No. 20201228002329490 OPRCCT;

THENCE along the north line of the Collin County Outer Loop, the

following:

N 89°53'41" W, 313.33 feet;

A non-tangent curve to the left having a central angle of 01°35'48",

a radius of 3330.00 feet, a chord of S 83°55'22" W - 92.80 feet, an

arc length of 92.80 feet to a 5/8" iron rod with plastic cap found;

S 64°20'13" W, 97.13 feet;

A non-tangent curve to the left having a central angle of 22°50'56",

a radius of 3300.00 feet, a chord of S 70°06'12" W - 1307.30 feet, an

arc length of 1316.00 feet;

S 63°14'13" W, 196.76 feet;

S 56°59'48" W, 309.75 feet to a 5/8" iron rod with plastic cap found;

A non-tangent curve to the left having a central angle of 03°21'16",

a radius of 3345.00 feet, a chord of S 48°18'19" W - 195.81 feet, an

arc length of 195.84 feet;

S 46°37'41" W, 121.56 feet;

S 43°03'59" E, 45.00 feet;

S 46°37'41" W, 1979.12 feet;

A tangent curve to the right having a central angle of 32°26'57", a

radius of 2800.00 feet, a chord of S 62°51'10" W - 1564.66 feet, an

arc length of 1585.77 feet;

N 10°55'22" W, 20.00 feet;

A non-tangent curve to the right having a central angle of

09°45'20", a radius of 2780.00 feet, a chord of S 83°57'18" W - 472.77

feet, an arc length of 473.34 feet;

S 42°21'15" W, 27.49 feet;

S 89°13'13" W, 714.00 feet to a 5/8" iron rod with plastic cap found;

N 76°44'37" W, 82.46 feet;

S 89°13'13" W, 280.00 feet;

S 75°11'03" W, 82.46 feet;

S 89°13'13" W, 307.30 feet;

N 82°15'37" W, 202.50 feet;

S 89°13'13" W, 246.60 feet;

S 75°00'42" W, 122.22 feet to a 5/8" iron rod with plastic cap found;

S 89°13'13" W, 1970.64 feet to a 5/8" iron rod with plastic cap

found;

N 73°27'52" W, 134.40 feet to a 5/8" iron rod with plastic cap found;

S 89°13'13" W, 123.90 feet;

S 78°50'55" W, 222.18 feet;

S 89°13'13" W, 1680.55 feet to a 5/8" iron rod found;

N 72°20'58" W, 158.15 feet;

S 89°13'13" W, 232.53 feet;

S 82°45'07" W, 443.83 feet;

And S 89°13'13" W, 1708.36 feet to the east line of a tract conveyed

to the Larry and Carolyn Smith Irrevocable Trust, recorded in

Document No. 20220321000448030 OPRCCT, and from which a 5/8" iron

rod with plastic cap found for the southwest corner of Parcel No. 55

bears S 00°49'29" E, 500.00 feet;

THENCE along the east line thereof, the following:

N 01°07'40" W, 435.57 feet;

N 01°18'23" W, 387.98 feet;

And N 02°26'05" W, 106.54 feet to the southeast corner of a tract

conveyed to Virgil Dean and Patsy Marie Lassiter, recorded in

Document No. 19941222001121230 OPRCCT;

THENCE N 00°56'54" E, 156.43 feet along the common line thereof to

the southeast corner of a tract conveyed to Dewayne L. Connel and

Michelle A. Sutherland, recorded in Volume 3812, Page 213 DRCCT;

THENCE N 00°10'24" W, 295.02 feet along the common line thereof to

the southeast corner of a tract conveyed to Nicid Limited

Partnership II, recorded in Document No. 20081016001233460 OPRCCT;

THENCE N 01°22'54" W, 646.59 feet along the common line thereof to

the southerly southeast corner of a tract conveyed to the Charles

and Judith Frisk Revocable Trust, recorded in Document

No. 20210311000489230 OPRCCT;

THENCE N 01°21'12" E, 20.49 feet along the common line thereof;

THENCE N 01°02'06" W, 286.18 feet continuing along the common line

thereof to the southeast corner of a tract conveyed to Erik A.

Frisk, recorded in Volume 4729, Page 2171 DRCCT;

THENCE N 01°03'26" W, 311.32 feet along the common line thereof to

the northerly southeast corner of said Charles and Judith Frisk

Revocable Trust tract;

THENCE N 00°59'52" W, 663.21 feet continuing along the common line

thereof to a 1/2" iron rod with plastic cap found on the south line

of a private drive, and being the south line of those tracts

conveyed to Craig and Amy Teague, recorded in Volume 4877, Page

2565, and Volume 5007, Page 3138 DRCCT;

THENCE along the south line thereof, the following:

N 89°01'36" E, 553.52 feet to a 1/2" iron rod found;

N 88°40'13" E, 447.30 feet to a 1/2" iron rod found;

N 89°20'48" E, 404.48 feet;

And N 88°30'22" E, 357.82 feet to the southwest corner of a tract

conveyed to the William E. and Barbara Vollweiler Revocable Living

Trust, recorded in Document No. 20080221000205330 OPRCCT;

THENCE S 88°47'05" E, 819.32 feet along the south line thereof;

THENCE N 00°18'05" W, 2596.78 feet along the east line of said

Vollweiler tract to the northeast corner thereof, being on the

south line of County Road 170;

THENCE along the south line of County Road 170, the following:

S 89°36'52" E, 2265.75 feet to a 5/8" iron rod with plastic cap

found;

N 84°29'56" E, 595.90 feet;

N 53°59'54" E, 105.45 feet to a 5/8" iron rod with plastic cap found;

S 88°08'32" E, 1050.49 feet;

And N 81°21'01" E, 193.41 feet to a point being the intersection of

said road with the south line of the Ninth Tract, conveyed to Frisby

Farms, Ltd., recorded in Volume 4944, Page 637 DRCCT;

THENCE S 88°17'50" E, 432.78 feet along the south line of said

remainder, to a point in the approximate center of Honey Creek;

THENCE along said creek, the following:

S 04°23'54" E, 66.95 feet;

S 31°44'39" E, 101.65 feet;

S 87°27'00" E, 152.99 feet;

S 77°08'23" E, 101.41 feet;

S 64°59'58" E, 180.84 feet;

S 59°31'22" E, 186.47 feet;

S 87°17'31" E, 118.78 feet;

S 68°57'40" E, 84.18 feet;

S 42°05'54" E, 58.19 feet;

S 21°37'37" E, 94.16 feet;

S 07°01'51" E, 248.93 feet;

S 16°21'00" E, 142.80 feet;

S 34°20'12" E, 262.52 feet;

S 12°27'30" E, 88.32 feet;

S 22°55'26" W, 77.02 feet;

S 55°47'23" W, 123.79 feet;

S 33°58'18" W, 104.89 feet;

S 08°33'45" W, 66.59 feet;

S 09°33'25" E, 54.44 feet;

S 35°06'15" E, 122.33 feet;

S 69°27'25" E, 79.39 feet;

S 85°59'57" E, 131.66 feet;

S 81°05'37" E, 209.83 feet;

S 45°06'29" E, 230.63 feet;

And S 30°27'32" E, 107.90 feet, a point being the southwest corner of

a tract conveyed to Nina Dowell Ringley, recorded in Document

No. 20200928001659290 OPRCCT;

THENCE S 88°43'17" E, 1048.46 feet along the common line thereof to a

1/2" iron rod found;

THENCE S 88°40'31" E, 466.85 feet continuing along the common line

thereof;

THENCE N 01°03'47" E, 1526.96 feet continuing along the common line

of said Ringley tract to a 3/8" iron rod found for the southeast

corner of a tract conveyed to Corbin Dowell Ringley, recorded in

Document No. 20210917001902070 OPRCCT;

THENCE N 01°40'38" E, 838.60 feet along the common line thereof to a

1/2" iron rod found on the south line of a tract conveyed to The 58

Land Group, LLC, recorded in Document No. 20120419000457790

OPRCCT;

THENCE S 88°48'30" E, 1065.04 feet along the south line thereof, and

of a tract conveyed to Evans McKee Living Trust, recorded in

Document No. 2024000027076 OPRCCT;

THENCE S 88°34'45" E, 1000.00 feet along the south line thereof;

THENCE S 89°32'45" E, 211.00 feet continuing along the south line

thereof;

THENCE S 89°52'45" E, 342.33 feet continuing along the south line of

said McKee tract to a 1/2" iron rod with plastic cap found in County

Road 170;

THENCE S 01°38'07" W, 1997.66 feet along said road to a 1/2" iron rod

with plastic cap found for a bend point thereof;

THENCE S 89°52'07" E, 1464.59 feet continuing along County Road 170

to the POINT OF BEGINNING with the subject tract containing

62,892,029 square feet or 1443.802 acres of land.

SECTION 3. (a) The legal notice of the intention to

introduce this Act, setting forth the general substance of this

Act, has been published as provided by law, and the notice and a

copy of this Act have been furnished to all persons, agencies,

officials, or entities to which they are required to be furnished

under Section 59, Article XVI, Texas Constitution, and Chapter 313,

Government Code.

(b) The governor, one of the required recipients, has

submitted the notice and Act to the Texas Commission on

Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed

its recommendations relating to this Act with the governor,

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 4019.0313, 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 4019, Special

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

amended by adding Section 4019.0313 to read as follows:

Sec.

4019.0313.

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. 5682 was passed by the House on May

16, 2025, by the following vote: Yeas 83, Nays 48, 2 present, not

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

No. 5682 on May 30, 2025, by the following vote: Yeas 82, Nays 53,

2 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 5682 was passed by the Senate, with

amendments, on May 28, 2025, by the following vote: Yeas 27, Nays

4.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor