89(R) SB 3056 - Enrolled version



	S.B. No. 3056

relating to the creation of the Alluvium Ranch Municipal Management

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

authority to impose assessments, fees, and taxes; 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 4014 to read as follows:

CHAPTER 4014. ALLUVIUM RANCH MUNICIPAL MANAGEMENT DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 4014.0101. DEFINITIONS. In this chapter:

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

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

(3) "County" means Grayson County.

(4) "Director" means a board member.

(5) "District" means the Alluvium Ranch Municipal

Management District No. 1.

Sec. 4014.0102. NATURE OF DISTRICT. The Alluvium Ranch

Municipal Management District No. 1 is a special district created

under Section 59, Article XVI, Texas Constitution.

Sec. 4014.0103. 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, or 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.

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 or 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 any city or county services

provided in the district.

Sec. 4014.0104. 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.

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. 4014.0105. 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. 4014.0106. 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. 4014.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

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

Sec. 4014.0108. 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. 4014.0201. 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. 4014.0202. 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.

not apply to the board.

Sec. 4014.0203. INITIAL DIRECTORS. (a) The initial board

consists of the following directors:

Pos. No.

Name of Director

Tim McNutt

Buck Nguyen

Felix Wong

Darrell Rogers

Damian Perez

(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. 4014.0301. GENERAL POWERS AND DUTIES. The district

has the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 4014.0302. 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 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).

governmental function or service for the purposes of Chapter 791,

Government Code.

Sec. 4014.0303. 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.

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. 4014.0304. LAW ENFORCEMENT SERVICES. To protect the

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

including the city or the county, to provide law enforcement

services in the district for a fee.

Sec. 4014.0305. 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. 4014.0306. 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.

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. 4014.0307. 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.

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. 4014.0308. 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. 4014.0309. ADDING OR EXCLUDING LAND. Except as

provided by Section 4014.0310, 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. 4014.0310. 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.

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) A political subdivision's consent to the creation of the

district and to the inclusion of land in the district granted under

Section 4014.0505 acts as the political subdivision's 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.

(h) Any new district created by the division of the district

must hold an election as required by this chapter to obtain voter

approval before the district may impose a maintenance tax.

Sec. 4014.0311. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.

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

district.

Sec. 4014.0312. EMINENT DOMAIN. The district may exercise

the power of eminent domain in the manner provided by Section

49.222, Water Code.

SUBCHAPTER D. ASSESSMENTS

Sec. 4014.0401. 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. 4014.0402. 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.

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.

SUBCHAPTER E. TAXES AND BONDS

Sec. 4014.0501. TAX ELECTION REQUIRED. (a) 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.

(b) Section 375.243, Local Government Code, does not apply

to the district.

Sec. 4014.0502. OPERATION AND MAINTENANCE TAX. (a) If

authorized by a majority of the district voters voting at an

election under Section 4014.0501, 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. 4014.0503. 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, 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.

obligations payable wholly or partly from ad valorem taxes.

(d) 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, county, or other retail

utility provider pursuant to an agreement with the district entered

into before the issuance of the obligation.

Sec. 4014.0504. 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. 4014.0505. CONSENT OF POLITICAL SUBDIVISION REQUIRED.

(a) The board may not issue bonds until each political subdivision

in which the district is located from which consent is required by

applicable general law 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. 4014.0901. 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.

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 Alluvium Ranch Municipal Management District

No. 1 initially includes all territory contained in the following

area:

BEING a tract of land situated in the Aaron Burleson Survey,

Abstract No. 61, James Blagg Survey, Abstract No. 63 and the James

Fox Survey, Abstract No. 425, Grayson County, Texas, and being all

of a called "First Tract", all of a called "Third Tract", and part

of a called "Second Tract, described in a deed to Gerald Eugene

Russell, as recorded in Volume 4450, Page 379, all of a called

"Third Tract", all of a called "Fourth Tract", all of a called

"Fifth Tract", and part of a called "First Tract, described in a

deed to Carolyn Washburn Russell and husband, Gerald Eugene

Russell, as recorded in Volume 4450, Page 386, and all of a called

49.884-acre tract of land, described in a deed to Gerald Eugene

Russell and Carolyn Washburn Russell, as recorded in Instrument

No. 2018-4763, all of the Official Records, Grayson County, Texas,

and being more particularly described by metes and bounds as

follows:

BEGINNING at a 5/8-inch iron rod with red plastic cap stamped "KHA"

set for the southeast corner of said "First Tract" (V4450/P386) and

the southwest corner of a called 1.2-acre tract of land described in

a deed to Christopher B. Robinson and Luanna Colette Robinson, as

recorded in Volume 5634, Page 832, said Official Records, same

being on the northerly right-of-way line of F. M. 697, a 100 foot

right of way;

THENCE North 83°50'59" West, along the southerly line of said "First

Tract" (V4450/P386) and along the northerly right-of-way line of

said F. M. 697, and generally along a barbed wire fence, a distance

of 467.07 feet to a point for corner from which a concrete monument

found for witness bears South 39°51'38" West, 1.65 feet, same being

at the beginning of a tangent curve to the right with a radius of

522.96 feet, a central angle of 02°04'00", and a chord bearing and

distance of North 82°49'00" West, 18.86 feet;

THENCE in a westerly direction, continuing along the southerly line

of said "First Tract" (V4450/P386) and the northerly right-of-way

line of said F. M. 697, and generally along a barbed wire fence, and

with said curve to the right, an arc distance of 18.86 feet to a

5/8-inch iron rod with a red plastic cap, stamped "KHA" set on the

northerly right of way line of said F. M. 697;

THENCE North 09°06'10" East, departing the northerly right of way

line of said F. M. 697, over and across said "First Tract"

(V4450/P386), a distance of 848.30 feet to a 5/8-inch iron rod with

a red plastic cap, stamped "KHA" set for corner;

THENCE North 75°29'11" West, continuing across said "First Tract"

(V4450/P386), a distance of 680.84 feet to a 5/8-inch iron rod with

a red plastic cap, stamped "KHA" set for corner on the westerly line

of said "First Tract" (V4450/P386), same being on the easterly line

of a called 20.000-acre tract of land, described in a deed to Jeff

Lillard and wife, Nicole Lillard, as recorded in Volume 3845, Page

642, said Official Records;

THENCE North 14°30'49" East, along the westerly line of said "First

Tract" (V4450/P386) and the easterly line of said 20.000-acre

tract, and generally along a barbed wire fence, a distance of

1,002.95 feet to a 1/2-inch iron rod found for the northeast corner

of said 20.000-acre tract, same being the southeast corner of a

called 33.000-acre tract of land, described in a deed to Majestic

Acres, LLC, as recorded in Instrument No. 2021-36701, said Official

Records;

THENCE North 14°24'17" East, along the westerly line of said "First

Tract" (V4450/P386) and the easterly line of said 33.000-acre

tract, passing a 1/2-inch iron rod found for the northwest corner of

said "First Tract" (V4450/P386) and the southwest corner of

aforesaid 49.884-acre tract, and continuing along the westerly line

of said 49.884-acre tract, and generally along a barbed wire fence,

a distance of 970.56 feet to a 1/2-inch iron rod found for the

northeast corner of said 33.000-acre tract and the southeast corner

of the aforesaid "First Tract" (V4450/P379);

THENCE North 74°43'02" West, along the southerly line of said "First

Tract" (V4450/P379) and the northerly line of said 33.000-acre

tract, and generally along a barbed wire fence, passing a 5/8-inch

iron rod with a plastic cap, stamped "PRESTON TRAILS LAND

SURVEYING" found for the northerly, northwest corner of said

33.000-acre tract and the northeast corner of the remainder of a

called 46.915-acre tract of land, described in a deed to Robert

Bandy Jeffrey and wife, Melanie Diane Jeffrey, as recorded in

Instrument No. 2019-13286, said Official Records,, passing a

5/8-inch iron rod found for the northernmost northwest corner of

said 46.915-acre tract and the northeast corner of a called

0.48-acre tract of land described in a deed to Jim Edwin Bennett, as

recorded in Volume 2730, Page 596, of the Official Records of

Grayson County, and continuing along the northerly line of said

0.48-acre tract, a total distance of 2,682.91 feet to a 1/2-inch

iron rod found for the southwest corner of said "First Tract"

(V4450/P379) and the northwest corner of said 0.48-acre tract, same

being on the easterly line of a tract of land described as "Second

Tract" in a deed to Sharon A. and Richard E. Bennett, as recorded in

Volume 3489, Page 394, said Official Records;

THENCE North 13°43'37" East, along the westerly line of said "First

Tract" (V4450/P379) and the easterly line of said "Second Tract"

(V3489/P394), and generally along a barbed wire fence, a distance

of 725.60 feet to a 1/2-inch iron rod found for the westernmost

northwest corner of said "First Tract" (V4450/P379) and the

northeast corner of said Second Tract" (V3489/P394), same being on

the southerly line of a called 40-acre tract of land described in a

deed to Willie Matthews, as recorded in Volume 5239, Page 424, said

Official Records;

THENCE South 74°41'25" East, continuing along the westerly line of

said "First Tract" (V4450/P379) and along the southerly line of

said 40-acre tract, a distance of 514.24 feet to a 5/8-iron rod with

red plastic cap stamped "KHA" set for the southeast corner of said

40-acre tract;

THENCE North 13°38'25" East, continuing along the westerly line of

said "First Tract" (V4450/P379) and along the easterly line of said

40-acre tract, a distance of 1,277.88 feet to a PK Nail found in

J.P. Cave Road (asphalt road, no record found) for the northernmost

northwest corner of said "First Tract" (V4450/P379) and the

southwest corner of a called 1.50-acre tract of land described in a

deed to Erik Vanmeter and Wife, Melanie Vanmeter, as recorded in

Volume 5995, Page 768, said Official Records;

THENCE South 75°54'11" East, departing the easterly line of said

40-acre tract and along the northerly line of said "First Tract"

(V4450/P379) and the southerly line of said 1.50-acre tract, and

generally along a barbed wire fence, passing a 1/2-inch iron rod

found for the southeast corner of said 1.50-acre tract and the

southernmost southwest corner of a called 28.731-acre tract of land

described in a deed to Larry M. McAninch and Wife, Jacqueline M.

McAninch, as recorded in Volume 2649, Page 251, said Official

Records, and continuing along the southerly line of said

28.731-acre tract, a total distance of 694.21 feet to a 5/8-inch

iron rod with red plastic cap stamped "KHA" set for corner;

THENCE South 76°16'54" East, continuing along the northerly line of

said "First Tract" (V4450/P379) and the southerly line of said

28.731-acre tract, and generally along a barbed wire fence, a

distance of 547.57 feet to a 5/8-inch iron rod with red plastic cap

stamped "KHA" set for corner;

THENCE South 76°41'22" East, continuing along the northerly line of

said "First Tract" (V4450/P379) and the southerly line of said

28.731-acre tract, and generally along a barbed wire fence, a

distance of 565.74 feet to a 1/2-inch iron rod found for the

southeast corner of said 28.731-acre tract and the southwest corner

of a called 9.687-acre tract of land described in a deed to Larry M.

McAninch and Wife, Jacqueline M. McAninch, as recorded in Volume

2649, Page 244, said Official Records;

THENCE South 76°29'19" East, continuing along the northerly line of

said "First Tract" (V4450/P379) and along the southerly line of

said 9.687-acre tract, and generally along a barbed wire fence, a

distance of 219.89 feet to a 5/8-inch iron rod with red plastic cap

stamped "KHA" set for corner;

THENCE South 77°14'21" East, continuing along the northerly line of

said "First Tract" (V4450/P379) and the southerly line of said

9.687-acre tract, and generally along a barbed wire fence, a

distance of 137.29 feet to a 3-inch iron pipe found for the

southeast corner of said 9.687-acre tract, same being on the

westerly line of a called 8.251-acre tract of land described in a

deed to Alejandro L. Quiroz and Wife, Carina Quiroz, as recorded in

Instrument No. 2021-31579, said Official Records;

THENCE South 12°59'51" West, continuing along the northerly line of

said "First Tract" (V4450/P379) and along the westerly line of said

8.251-acre tract, and generally along a barbed wire fence, a

distance of 76.42 feet to an aluminum disk stamped "COPLEY RPLS

66720" found for the northeast corner of said "First Tract"

(V4450/P379) and the southwest corner of said 8.251-acre tract and

the northwest corner of the aforementioned "Second Tract"

(V4450/P379);

THENCE South 76°42'52" East, along the northerly line of said

"Second Tract" (V4450/P379) and along the southerly line of said

8.251-acre tract, and generally along a barbed wire fence, a

distance of 665.68 feet to an aluminum disk stamped "COPLEY RPLS

66720" found for the northeast corner of said "Second Tract"

(V4450/P379) and the southeast corner of said 8.251-acre and the

northwest corner of the aforementioned "Third Tract" (V4450/P379)

and the southwest corner of the aforementioned "Fifth Tract"

(V4450/P386);

THENCE North 14°04'41" East, along the easterly line of said

8.251-acre tract and the westerly line of said "Fifth Tract"

(V4450/P386), and generally along a barbed wire fence, passing an

aluminum disk stamped "COPLEY RPLS 66720" found for the northeast

corner of said 8.251-acre tract, and along the easterly line of a

called 16.504-acre tract of land described in a deed to Ronnie Boyd,

as recorded in Instrument No. 2017-22249, said Official Records, a

total distance of 1,076.31 feet to an aluminum disk stamped "COPLEY

RPLS 66720" found for the northwest corner of said "Fifth Tract"

(V4450/P386) and the northeast corner of said 16.504-acre tract,

same being on the southerly line of the aforementioned "Fourth

Tract" (V4450/P386);

THENCE North 76°28'54" West, along the northerly line of said

16.504-acre tract and along the southerly line of said "Fourth

Tract" (V4450/P386), a distance of 668.69 feet to an aluminum disk

stamped "COPLEY RPLS 66720" found for the southwest corner of said

"Fourth Tract" (V4450/P386) and the northwest corner of said

16.504-acre tract, same being on the easterly line of a called

2.5-acre tract of land described in a deed to Colored Methodist

Episcopal Church of America (CME), as recorded in Volume 42, Page

80, said Official Records;

THENCE North 13°51'33" East, along the westerly line of said "Fourth

Tract" (V4450/P386) and along the easterly line of said 2.5-acre

tract, and generally along a barbed wire fence, a distance of 447.86

feet to a 5/8-inch iron rod with red plastic cap stamped "KHA" set

for the northwest corner of said "Fourth Tract" (V4450/P386) and

the northeast corner of said 2.5-acre tract and the southwest

corner of a called 14.66-acre tract of land described in a deed to

Charles Rex Gibson and Wife, Mary L. Gibson, as recorded in Volume

1548, Page 521, said Official Records;

THENCE South 75°23'21" East, along the northerly line of said

"Fourth Tract" (V4450/P386) and along the southerly line of said

14.66-acre tract, a distance of 460.90 feet to a point for corner;

THENCE North 84°01'11" East, continuing along the northerly line of

said "Fourth Tract" (V4450/P386) and the southerly line of said

14.66-acre tract and along the southerly line of a tract of land

described in a deed to Colored Methodist Episcopal Church of

America (CME), as recorded in volume 64, Page 218, said Official

Records, a distance of 265.90 feet to a point for the corner;

THENCE South 76°28'54" East, continuing along the northerly line of

said "Fourth Tract" (V4450/P386) and the southerly line of said CME

tract (V64/P218) and along the northerly line of the aforementioned

"Third Tract" (V4450/P386), a distance of 202.81 feet to a point for

the southeast corner of said CME tract (V64/P218);

THENCE North 14°01'04" East, continuing along the northerly line of

said "Third Tract" (V4450/P386) and along the easterly line of said

CME tract (V64/P218), a distance of 265.59 feet to a point for the

northernmost northwest corner of said "Third Tract" (V4450/P386)

and the northeast corner of said CME tract (V64/P218), same being on

the southerly line of the aforementioned 14.66-acre tract;

THENCE South 41°53'21" East, continuing along the northerly line of

said "Third Tract" (V4450/P386) and along the southerly line of

said 14.66-acre tract, a distance of 412.83 feet to a point for

corner;

THENCE North 69°21'39" East, continuing along the northerly line of

said "Third Tract" (V4450/P386) and the southerly line of said

14.66-acre tract, a distance of 105.75 feet to a point for the

northeast corner of said "Third Tract" (V4450/P386) and the

southeast corner of said 14.66-acre tract, same being on the

westerly line of a called 20.804-acre tract of land described in a

deed to Jeffery Don Hurt, as recorded in Instrument No. 2019-8550,

said Official Records;

THENCE South 13°03'56" West, along the easterly line of said "Third

Tract" (V4450/P386) and the westerly line of said 20.804-acre

tract, a distance of 323.24 feet to a 1/2-inch iron rod found for

the southwest corner of said 20.804-acre tract and the westernmost

northwest corner of a called 12.5-acre tract of land described in a

deed to Oscar G. Bevels and Wife, Theda J. Bevels, as recorded in

Volume 1580, Page 202, said Official Records;

THENCE South 14°09'20" West, continuing along the easterly line of

said "Third Tract" (V4450/P386) and along the westerly line of said

12.5-acre tract and along the easterly line of the aforementioned

"Fifth Tract" (V4450/P386) and along the westerly lines of a called

12.915-acre tract of land described in a deed to Micha Paul Speciale

and Erin Sue Speciale, as recorded in Instrument No. 2021-8954,

said Official Records, and a called 1.004-acre tract of land

described in a deed to Thomas Philbrook Crabtree and Terri

Crabtree, as recorded in Instrument No. 2020-24244, said Official

Records, and a called 12.684-acre tract of land described in a deed

to Beryl F. Mackey and Wife, Barbara J. Mackey, as recorded in

Volume 593, Page 460, said Official Records, a distance of 1,368.77

feet to a 60D Nail found for the southeast corner of said "Fifth

Tract" (V4450/P386) and the southwest corner of said 12.864-acre

tract and the northeast corner of the aforementioned "Third Tract"

(V4450/P379) and the northwest corner of a called 25-acre tract of

land described in a deed to Beryl F. Mackey and Wife, Barbara J.

Mackey, as recorded in Volume 1161, Page 71, said Official Records;

THENCE South 14°03'49" West, along the easterly line of said "Third

Tract" (V4450/P379) and along the westerly line of said 25-acre

tract and along the westerly line of a called 26.36-acre tract of

land described in a deed to Beryl F. Mackey and Wife, Barbara J.

Mackey, as recorded in Volume 2178, Page 367, said Official

Records, a distance of 529.29 feet to a 1/2-inch iron rod found for

the southeast corner of said "Third Tract" (V4450/P379) and the

northeast corner of the aforementioned 49.884-acre tract;

THENCE South 13°36'00" West, continuing along the westerly line of

said 26.36-acre tract and along the easterly line of said

49.884-acre tract, and generally along a barbed wire fence, a

distance of 825.98 feet to a 8-inch wood post found for the

easternmost southeast corner of said 49.884-acre tract and the

southwest corner of said 26.36-acre tract, same being on the

northerly line of a called 62.934-acre tract of land described in a

deed to Whitmire Forward, L.C., as recorded in volume 5568, Page

523, said Official Records;

THENCE North 76°21'57" West, continuing along the easterly line of

said 49.884-acre tract and along the northerly line of said

62.934-acre tract, and generally along a barbed wire fence, a

distance of 78.43 feet to a 4-inch wood post found for the northwest

corner of said 62.934-acre tract;

THENCE South 14°35'55" West, continuing along the easterly line of

said 49.884-acre tract, and along the westerly line of said

62.934-acre tract, and along the easterly line of the

aforementioned "First Tract" (V4450/P386), and along the westerly

line of said 1.2 acre tract, and generally along a barbed wire

fence, a distance of 3,408.41 feet to the POINT OF BEGINNING and

containing 269.03 acres (11,718,769 sq. ft.) of land, more or less.

BEING a tract of land situated in the James fox Survey, Abstract

No. 425, Grayson County, Texas and being all of a called 218.4-acre

tract of land described in a deed to Gerald Eugene Russell, as

recorded in Volume 1650, Page 58, Official Records, Grayson County,

Texas, and being all of a called 15.00-acre tract of land described

in a deed to Gerald Eugene Russell, as recorded in Volume 1580, Page

285, said Official Records, and being all of a called 132.87-acre

tract of land described in a deed to Gerald Eugene Russell and Wife,

Jamie C. Russell, as recorded in Volume 3135, Page 698, said

Official Records, and being more particularly described by metes

and bounds as follows:

BEGINNING at a 5/8-inch iron rod with plastic cap stamped "COX 4577"

found for the westernmost northwest corner of said 15.00-acre tract

and the northeast corner of a called 74.889-acre tract of land

described in a deed to Ravundra Reddy Munnangi, et al, as recorded

in Instrument No. 2020-34603, said Official Records, same being on

the southerly right-of-way line of F.M. 697, a 100' wide right of

way;

THENCE South 77°28'57" East, along the northerly line of said

15.00-acre tract of land and along the southerly right-of-way line

of said F.M. 697, a distance of 205.17 feet to a point for the

northwest corner of a called 2.32-acre tract of land described in a

deed to Susan K. Strawn & Taylor L. Strawn, as recorded in Volume

1721, Page 289, and Volume 5315, Page 540, said Official Records,

from which a 1/2-inch iron rod found for witness bears North

01°48'39" East, 0.86 feet;

THENCE departing the southerly right-of-way line of said F.M. 697

and along the common line of said 15.00-acre tract and said

2.32-acre tract the following courses and distances:

South 04°51'54" West, a distance of 431.34 feet to a 1-inch

iron rod found for the southwest corner of said 2.32-acre tract;

South 74°15'33" East, a distance of 233.58 feet to a 1/2-inch

iron rod found for the southeast corner of said 2.32-acre tract;

North 05°02'58" East, a distance of 444.47 feet to a point for

the northeast corner of said 2.32-acre tract from which a 1/2-inch

iron rod found for witness bears North 05°02'58" East, 0.96 feet,

same being on the southerly right-of-way line of said F.M. 697;

THENCE South 77°29'59" East, along the northerly line of said

15.00-acre tract and the southerly right-of-way line of said F.M.

697 and along the northerly line of the aforementioned 218.4-acre

tract, a distance of 624.98 feet to a concrete monument found at the

beginning of a non-tangent curve to the right with a radius of

1,095.92 feet, a central angle of 10°04'00", and a chord bearing and

distance of South 72°27'59" East, 192.30 feet;

THENCE along the common line of said 218.4-acre tract and said F.M.

697 the following courses and distances:

In an easterly direction, with said curve to the right, an arc

distance of 192.55 feet to a concrete monument found for the end of

said curve to the right;

South 67°25'59" East, a distance of 845.35 feet to a 5/8-inch

iron rod with red plastic cap stamped "KHA" set for corner;

South 65°55'59" East, a distance of 1,165.85 feet to a point

for corner from which a concrete monument found for witness bears

South 64°27'10" West, 1.11 feet, same being the beginning of a

non-tangent curve to the left with a radius of 622.96 feet, a

central angle of 17°55'00", and a chord bearing and distance of

South 74°53'29" East, 194.01 feet;

In an easterly direction, with said non-tangent curve to the

left, an arc distance of 194.80 feet to a point for the end of said

curve to the left, from which a concrete monument found for witness

bears South 84°39'27" West, 1.46 feet;

South 83°50'59" East, a distance of 1,043.22 feet to a wood

post found for the northeast corner of said 218.4-acre tract and the

northwest corner of a called 1.00-acre tract of land described in a

deed to Donnie J. Moody and Wife, Joy G. Moody, as recorded in

Volume 3251, Page 31, said Official Records;

THENCE South 09°26'22" West, departing the southerly right-of-way

line of said F.M. 697 and along the easterly line of said 218.4-acre

tract and the westerly line of said 1.00-acre tract (V3251/P31),

and generally along a barbed wire fence, a distance of 166.93 feet

to a 1/2-inch iron rod found for the southwest corner of said

1.00-acre tract and a northwest corner of the aforementioned

132.87-acre tract;

THENCE South 78°31'18" East, departing the easterly line of said

218.4-acre tract and along the northerly line of said 132.87-acre

tract and the southerly line of said 1.00-acre tract (V3251/P31),

and generally along a barbed wire fence, a distance of 262.37 feet

to a T-Post found for the southeast corner of said 1.00-acre tract

(V3251/P31);

THENCE North 12°37'50" East, continuing along the northerly line of

said 132.87-acre tract and along the easterly line of said

1.00-acre tract (V3251/P31), and generally along a barbed wire

fence, a distance of 162.17 feet to a wood post found for the

northeast corner of said 1.00-acre tract (V3251/P31), same being on

the southerly right-of-way line of said F.M. 697;

THENCE South 75°51'59" East, continuing along the northerly line of

said 132.87-acre tract and along the southerly right-of-way line of

said F.M. 697, and generally along a barbed wire fence, a distance

of 205.57 feet to a point for the northwest corner of a called

1.00-acre tract of land described in a deed to Eber Granados

Gutierrez, as recorded in Instrument No. 2021-42275, said Official

Records, from which a 1/2-inch iron rod with plastic cap stamped

"RPLS 4709" found for witness bears North 08°07'51" East, 8.10 feet;

THENCE departing the southerly right-of-way line of said F.M. 697

and along the common line of said 132.87-acre tract and said

1.00-acre tract (2021-42275), and generally along a barbed wire

fence, the following courses and distances:

South 14°27'51" West, a distance of 146.85 feet to a 6-inch

wood post found for the southwest corner of said 1.00-acre tract

(2021-42275);

South 75°48'18" East, a distance of 280.88 feet to a 1/2-inch

iron rod with plastic cap stamped "RPLS 4709" found for the

southeast corner of said 1.00-acre tract (2021-42275);

North 14°11'15" East, a distance of 157.15 feet to a point for

the northeast corner of said 1.00-acre tract (2021-42275), from

which a 1/2-inch iron rod with plastic cap stamped "RPLS 4709" found

for witness bears South 16°28'27" West, 1.85 feet, same being on the

southerly right-of-way line of said F.M. 697;

THENCE along the common line of said 132.87-acre tract and said F.M.

697 the following courses and distances:

South 75°51'59" East, a distance of 188.32 feet to a point for

corner, from which a concrete monument found for witness bears

South 71°52'13" West, 3.74 feet, same being at the beginning of a

non-tangent curve to the right with a radius of 522.84 feet, a

central angle of 49°57'45", and a chord bearing and distance of

South 50°53'29" East, 441.61 feet;

In an easterly direction, with said curve to the right, an arc

distance of 455.92 feet to a point for the end of said curve to the

right, from which a concrete monument found for witness bears South

87°48'19" West, 2.52 feet;

South 25°54'59" East, a distance of 910.46 feet to a point for

the easternmost corner of said 132.87-acre tract and the northeast

corner of a called 124.414-acre tract of land described as "Tract 2"

in a deed to Larry W. Melton, as recorded in Volume 3849, Page 188,

said Official Records, same being in Choctaw Creek;

THENCE departing the southerly right-of-way line of said F.M. 697

and along the common line of said 132.87-acre tract and said "Tract

2" and along the general meanders of Choctaw Creek the following

courses and distances:

South 56°08'21" West, a distance of 103.61 feet to a point for

corner;

South 73°21'05" West, a distance of 237.58 feet to a point for

corner;

South 64°01'04" West, a distance of 305.89 feet to a point for

corner;

North 89°41'21" West, a distance of 205.26 feet to a point for

corner;

South 80°00'48" West, a distance of 260.78 feet to a point for

corner;

South 71°24'17" West, a distance of 110.54 feet to a point for

corner;

South 38°03'55" West, a distance of 117.60 feet to a point for

corner;

South 05°34'27" West, a distance of 239.30 feet to a point for

corner;

South 11°40'11" East, a distance of 142.22 feet to a point for

corner;

South 39°20'36" East, a distance of 101.35 feet to a point for

corner;

South 39°58'17" East, a distance of 199.83 feet to a point for

corner;

South 39°58'17" East, a distance of 110.07 feet to a point for

corner, same being on the northerly line of a called 276.44-acre

tract of land described as "Tract 7" in a deed to Martha Haynes, as

recorded in Volume 5610, Page 603, said Official Records;

THENCE North 74°33'33" West, departing the westerly line of said

"Tract 2" and along the common line of said 132.87-acre tract and

said "Tract 7", a distance of 682.51 feet to a point for corner in a

stream;

THENCE along said common line and said stream the following courses

and distances:

South 20°47'00" East, a distance of 103.76 feet to a point for

corner;

South 20°12'28" East, a distance of 45.10 feet to a point for

corner;

South 00°27'17" West, a distance of 45.64 feet to a point for

corner;

South 60°21'26" West, a distance of 25.27 feet to a point for

corner;

North 67°56'34" West, a distance of 28.82 feet to a point for

corner;

North 45°37'05" West, a distance of 46.36 feet to a point for

corner;

North 60°35'15" West, a distance of 76.41 feet to a point for

corner;

North 67°28'34" West, a distance of 49.20 feet to a point for

corner;

South 43°27'02" West, a distance of 53.35 feet to a point for

corner;

South 00°42'58" West, a distance of 79.05 feet to a point for

corner;

South 39°12'28" East, a distance of 40.43 feet to a point for

corner;

South 19°56'28" East, a distance of 36.60 feet to a point for

corner;

South 31°17'55" West, a distance of 91.19 feet to a point for

corner;

South 47°37'43" West, a distance of 35.64 feet to a point for

corner;

South 80°02'12" West, a distance of 37.30 feet to a point for

corner;

North 78°10'21" West, a distance of 38.10 feet to a point for

corner;

North 34°44'12" West, a distance of 32.96 feet to a point for

corner;

South 49°19'29" West, a distance of 33.34 feet to a point for

corner;

South 29°11'20" West, a distance of 38.51 feet to a point for

corner;

South 38°22'14" East, a distance of 60.60 feet to a point for

corner;

South 03°02'46" West, a distance of 67.58 feet to a point for

corner;

South 36°00'41" West, a distance of 59.71 feet to a point for

corner;

North 87°27'43" West, a distance of 80.55 feet to a point for

corner;

South 82°27'05" West, a distance of 47.93 feet to a point for

corner;

South 61°58'00" West, a distance of 39.49 feet to a point for

corner;

South 03°53'39" East, a distance of 115.98 feet to a point for

corner;

South 18°49'20" West, a distance of 52.76 feet to a point for

corner;

South 68°30'41" West, a distance of 35.36 feet to a point for

corner;

North 53°58'10" West, a distance of 54.24 feet to a point for

corner;

North 70°41'44" West, a distance of 64.53 feet to a point for

corner;

South 46°38'08" West, a distance of 58.33 feet to a point for

corner;

South 04°35'48" West, a distance of 107.66 feet to a point for

corner;

South 43°17'01" West, a distance of 46.02 feet to a point for

corner;

North 80°50'56" West, a distance of 29.22 feet to a point for

corner;

North 21°53'31" West, a distance of 78.26 feet to a point for

corner;

North 50°22'13" West, a distance of 45.24 feet to a point for

corner;

South 72°52'43" West, a distance of 72.29 feet to a point for

corner;

South 04°29'14" West, a distance of 73.22 feet to a point for

corner;

North 83°37'32" West, a distance of 120.24 feet to a point for

corner;

North 05°36'01" East, a distance of 107.06 feet to a point for

corner;

South 66°54'51" West, a distance of 42.27 feet to a point for

corner;

South 38°54'06" West, a distance of 31.64 feet to a point for

corner;

South 68°31'20" West, a distance of 61.39 feet to a point for

corner;

South 89°06'52" West, a distance of 43.12 feet to a point for

corner;

North 02°49'57" East, a distance of 26.26 feet to a point for

corner;

South 84°07'49" West, a distance of 28.92 feet to a point for

corner;

North 18°44'36" West, a distance of 36.13 feet to a point for

corner;

North 39°35'35" East, a distance of 33.27 feet to a point for

corner;

North 63°10'24" East, a distance of 66.58 feet to a point for

corner;

North 39°18'14" East, a distance of 83.65 feet to a point for

corner;

North 32°38'22" West, a distance of 84.82 feet to a point for

corner;

North 50°51'48" West, a distance of 60.34 feet to a point for

corner;

South 75°46'38" West, a distance of 70.37 feet to a point for

corner;

South 45°15'17" West, a distance of 147.53 feet to a point for

corner;

South 71°46'49" West, a distance of 54.21 feet to a point for

corner;

North 65°45'57" West, a distance of 96.59 feet to a point for

corner;

South 89°39'17" West, a distance of 61.85 feet to a point for

corner;

South 55°47'49" West, a distance of 155.60 feet to a point for

corner;

South 43°49'09" West, a distance of 74.47 feet to a point for

corner;

North 88°35'12" West, a distance of 47.47 feet to a point for

corner;

North 30°08'19" West, a distance of 56.52 feet to a point for

corner;

North 20°53'30" East, a distance of 138.99 feet to a point for

corner;

North 07°26'11" West, a distance of 54.37 feet to a point for

corner;

North 12°42'32" East, a distance of 76.18 feet to a point for

corner;

North 11°47'41" West, a distance of 54.27 feet to a point for

corner;

North 52°34'24" West, a distance of 24.67 feet to a point for

corner;

South 67°59'41" West, a distance of 84.01 feet to a point for

corner;

North 40°31'14" West, a distance of 173.81 feet to a point for

corner;

North 00°36'12" East, a distance of 66.20 feet to a point for

corner;

North 44°47'12" East, a distance of 38.84 feet to a point for

corner;

North 03°51'23" West, a distance of 39.31 feet to a point for

corner;

North 58°48'54" West, a distance of 25.28 feet to a point for

corner;

South 67°50'12" West, a distance of 39.53 feet to a point for

corner;

South 80°51'04" West, a distance of 41.89 feet to a point for

corner;

North 67°59'28" West, a distance of 81.51 feet to a point for

corner;

North 79°26'52" West, a distance of 139.98 feet to a point for

corner;

South 18°18'37" West, a distance of 96.17 feet to a point for

corner;

South 87°20'05" West, a distance of 72.82 feet to a point for

corner;

North 70°36'12" West, a distance of 82.19 feet to a point for

corner;

North 32°25'00" West, a distance of 59.34 feet to a point for

corner;

North 12°36'00" West, a distance of 79.28 feet to a point for

corner;

North 23°00'03" East, a distance of 77.40 feet to a point for

corner;

North 06°03'39" West, a distance of 99.26 feet to a point for

corner;

North 84°41'12" West, a distance of 77.72 feet to a point for

corner;

THENCE North 14°09'50" East, departing said stream and continuing

along said common line, a distance of 512.73 feet to a 5/8-inch iron

rod with red plastic cap stamped "KHA" set for the westernmost

northwest corner of said 132.87-acre tract, same being on the

southerly line of the aforementioned 218.4-acre tract;

THENCE North 75°58'19" West, departing the westerly line of said

132.87-acre tract and along the southerly line of said 218.4-acre

tract and along the northerly line of said "Tract 7" and along the

northerly line of a called 89.59-acre tract of land described as

"Tract 6" in a deed to Martha Haynes, as recorded in Volume 5610,

Page 603, said Official Records, a distance of 2,543.77 feet to a

5/8-inch iron rod with red plastic cap stamped "KHA" set for the

westernmost southwest corner of said 218.4-acre tract and the

southeast corner of the aforementioned 74.889-acre tract;

THENCE North 13°37'17" East, along the westerly line of said

218.4-acre tract and the easterly line of said 74.889-acre tract

and the easterly line of the aforementioned 15.00-acre tract, and

generally along a barbed wire fence, a distance of 2,348.36 feet to

the POINT OF BEGINNING and containing 337.35 acres (14,695,0671 sq.

ft.) of land, more or less.

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

introduce this Act, setting forth the general substance of this

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

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

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

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

Government Code.

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

submitted the notice and Act to the Texas Commission on

Environmental Quality.

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 4014.0312, 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 4014, Special

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

amended by adding Section 4014.0312 to read as follows:

Sec. 4014.0312. 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 hereby certify that S.B. No. 3056 passed the Senate on

May 14, 2025, by the following vote: Yeas 27, Nays 4.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 3056 passed the House on

May 28, 2025, by the following vote: Yeas 96, Nays 44, three

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor