Bill Text: TX HB3136 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Windsor Hills Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-12 - Effective on 9/1/17 [HB3136 Detail]
Download: Texas-2017-HB3136-Comm_Sub.html
Bill Title: Relating to the creation of the Windsor Hills Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-12 - Effective on 9/1/17 [HB3136 Detail]
Download: Texas-2017-HB3136-Comm_Sub.html
By: Wray (Senate Sponsor - Birdwell) | H.B. No. 3136 | |
(In the Senate - Received from the House May 19, 2017; | ||
May 19, 2017, read first time and referred to Committee on | ||
Intergovernmental Relations; May 23, 2017, reported adversely, | ||
with favorable Committee Substitute by the following vote: Yeas 7, | ||
Nays 0; May 23, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 3136 | By: Bettencourt |
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relating to the creation of the Windsor Hills Municipal Management | ||
District No. 1; providing authority to issue bonds; providing | ||
authority to impose assessments. | ||
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 3946 to read as follows: | ||
CHAPTER 3946. WINDSOR HILLS MUNICIPAL MANAGEMENT DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3946.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Midlothian, Texas. | ||
(3) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(4) "Development agreement" means a development | ||
agreement between the city and One Windsor Hills, L.P., that | ||
establishes the standards that apply to development in the district | ||
and includes zoning provisions for the district that allow a | ||
maximum of 545 residential units. | ||
(5) "Director" means a board member. | ||
(6) "District" means the Windsor Hills Municipal | ||
Management District No. 1. | ||
(7) "Finance plan" means a finance plan between the | ||
city and the district that includes a general description of | ||
proposed improvement projects that will be financed by the | ||
district, an estimate of the costs for the proposed improvement | ||
projects, and the means of financing costs related to the planning, | ||
design, construction, and improvement of the proposed improvement | ||
projects. | ||
Sec. 3946.002. PRECONDITION; EXPIRATION. (a) The district | ||
may not exercise any powers under this chapter until the | ||
development agreement and finance plan are executed. | ||
(b) This chapter, including Section 3946.052, expires | ||
September 1, 2019, if the development agreement and finance plan | ||
are not executed by that date. | ||
Sec. 3946.003. CREATION AND NATURE OF DISTRICT. The | ||
district is a special district created under Section 59, Article | ||
XVI, Texas Constitution. | ||
Sec. 3946.004. PURPOSE; LEGISLATIVE FINDINGS. (a) The | ||
creation of the district is essential to accomplish the purposes of | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution, and other public purposes stated in this | ||
chapter. By creating the district and in authorizing the city and | ||
other political subdivisions to contract with the district, the | ||
legislature has established a program to accomplish the public | ||
purposes set out in Section 52-a, Article III, Texas Constitution. | ||
(b) The creation of the district is necessary to promote, | ||
develop, encourage, and maintain employment, commerce, | ||
transportation, housing, tourism, recreation, the arts, | ||
entertainment, economic development, safety, and the public | ||
welfare in the district. | ||
(c) This chapter and the creation of the district may not be | ||
interpreted to relieve the city from providing the level of | ||
services provided to the area in the district as of the effective | ||
date of the Act enacting this chapter. The district is created to | ||
supplement and not to supplant the city services provided in the | ||
district. | ||
Sec. 3946.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the improvements and services to be provided by | ||
the district under powers conferred by Sections 52 and 52-a, | ||
Article III, and Section 59, Article XVI, Texas Constitution, and | ||
other powers granted under this chapter. | ||
(c) The district is created to accomplish the purposes of a | ||
municipal management district as provided by general law and | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution. | ||
(d) The creation of the district is in the public interest | ||
and is essential to further the public purposes of: | ||
(1) developing and diversifying the economy of the | ||
state; | ||
(2) eliminating unemployment and underemployment; | ||
(3) providing quality residential housing; and | ||
(4) developing or expanding transportation and | ||
commerce. | ||
(e) The district will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, potential employees, employees, visitors, | ||
and consumers in the district, and of the public; | ||
(2) provide needed funding for the district to | ||
preserve, maintain, and enhance the economic health and vitality of | ||
the district territory as a residential community and business | ||
center; and | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing pedestrian ways and by landscaping and | ||
developing certain areas in the district, which are necessary for | ||
the restoration, preservation, and enhancement of scenic beauty. | ||
(f) 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. | ||
(g) 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. 3946.006. 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 contract; | ||
(3) authority to borrow money or issue any type of | ||
bonds or other obligations for a purpose for which the district is | ||
created; | ||
(4) right to impose or collect an assessment, or | ||
collect other revenue; or | ||
(5) legality or operation. | ||
Sec. 3946.007. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICT LAW. Except as provided by this chapter, Chapter 375, | ||
Local Government Code, applies to the district. | ||
Sec. 3946.008. CONFIRMATION AND DIRECTORS' ELECTION | ||
REQUIRED. The initial directors shall hold an election to confirm | ||
the creation of the district and to elect five permanent directors | ||
as provided by Section 49.102, Water Code. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3946.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 3946.052, directors serve | ||
staggered four-year terms, with two or three directors' terms | ||
expiring May 31 of each even-numbered year. | ||
Sec. 3946.052. INITIAL DIRECTORS. (a) The initial board | ||
consists of: | ||
(1) John Malloy; | ||
(2) Jon Hendrickson; | ||
(3) Suzanne Disette; | ||
(4) Katie Martin Brown; and | ||
(5) Christopher Alan Cain. | ||
(b) Initial directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 3946.008; or | ||
(2) June 1, 2021. | ||
(c) If permanent directors have not been elected and the | ||
terms of the initial directors have expired, successor directors | ||
shall be appointed or reappointed as provided by Subsection (d) to | ||
serve terms that expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 3946.008; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the commission requesting that the | ||
commission appoint as successor directors the five persons named in | ||
the petition. The commission shall appoint as successor directors | ||
the five persons named in the petition. | ||
Sec. 3946.053. ELIGIBILITY. To be qualified to serve as a | ||
director, a person must meet the qualifications prescribed by | ||
Section 375.063, Local Government Code. | ||
Sec. 3946.054. EX OFFICIO DIRECTORS. (a) The following | ||
persons serve ex officio as nonvoting directors: | ||
(1) the city manager of the city; and | ||
(2) the chief financial officer of the city. | ||
(b) An ex officio director is entitled to speak on a matter | ||
before the board. | ||
Sec. 3946.055. VACANCY. A vacancy on the board shall be | ||
filled by the remaining members of the board for the unexpired term. | ||
Sec. 3946.056. DIRECTOR'S OATH OR AFFIRMATION. A director | ||
shall file the director's oath or affirmation of office with the | ||
district, and the district shall retain the oath or affirmation in | ||
the district records. | ||
Sec. 3946.057. OFFICERS. The board shall elect from among | ||
the directors a chair, a vice chair, and a secretary. | ||
Sec. 3946.058. COMPENSATION. A director is entitled to | ||
receive fees of office and reimbursement for actual expenses in the | ||
manner provided by Section 49.060, Water Code. Sections 375.069 and | ||
375.070, Local Government Code, do not apply to the board. | ||
Sec. 3946.059. LIABILITY INSURANCE. The district may | ||
obtain and pay for comprehensive general liability insurance | ||
coverage from a commercial insurance company or other source that | ||
protects and insures a director against personal liability and from | ||
all claims relating to: | ||
(1) actions taken by the director in the director's | ||
capacity as a member of the board; | ||
(2) actions and activities taken by the district; or | ||
(3) the actions of others acting on behalf of the | ||
district. | ||
Sec. 3946.060. CONFLICTS OF INTEREST. Chapter 171, Local | ||
Government Code, governs conflicts of interest of directors. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3946.101. IMPROVEMENT PROJECTS. (a) The district may | ||
provide, or it may enter into contracts with a governmental or | ||
private entity to provide, the improvement projects described by | ||
Subchapter D. | ||
(b) An improvement project authorized under this chapter | ||
may be located inside or outside the district. | ||
Sec. 3946.102. RULES; ENFORCEMENT. (a) The district may | ||
adopt rules: | ||
(1) to administer or operate the district; or | ||
(2) for the use, enjoyment, availability, protection, | ||
security, and maintenance of the district's property and | ||
facilities. | ||
(b) The district may enforce its rules by injunctive relief. | ||
Sec. 3946.103. NAME CHANGE; NOTICE. (a) The board by | ||
resolution may change the district's name. | ||
(b) The board shall give written notice of a name change to | ||
the city. | ||
Sec. 3946.104. TERMS OF EMPLOYMENT; COMPENSATION. The | ||
board may employ and establish the terms of employment and | ||
compensation of an executive director or general manager and any | ||
other district employees the board considers necessary. | ||
Sec. 3946.105. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER D. IMPROVEMENT PROJECTS AND SERVICES | ||
Sec. 3946.151. IMPROVEMENT PROJECTS AND SERVICES. Except | ||
as otherwise provided by this chapter, the district may provide, or | ||
contract with a governmental or private entity to provide, water, | ||
wastewater, drainage, or roadway projects, or related projects and | ||
services. | ||
Sec. 3946.152. BOARD DETERMINATION REQUIRED. The district | ||
may not undertake an improvement project unless the board | ||
determines the project is necessary to accomplish a public purpose | ||
of the district. | ||
Sec. 3946.153. CITY REQUIREMENTS. (a) An improvement | ||
project must comply with any applicable city construction codes and | ||
construction ordinances. | ||
(b) The district may not provide, conduct, or authorize any | ||
improvement project on the city's streets, highways, | ||
rights-of-way, or easements without the consent of the city. | ||
Sec. 3946.154. ADDITIONAL CITY POWERS REGARDING | ||
IMPROVEMENT PROJECTS. (a) Except as otherwise provided by an | ||
agreement between the district and the city, the city may: | ||
(1) by ordinance, order, resolution, or other | ||
directive require that title to all or any portion of an improvement | ||
project vest in the city; or | ||
(2) by ordinance, order, resolution, or other | ||
directive authorize the district to own, encumber, maintain, and | ||
operate an improvement project or convey the project to the city at | ||
a later date. | ||
(b) The district shall immediately comply with any city | ||
ordinance or resolution adopted under this section. | ||
SUBCHAPTER E. CONTRACTS | ||
Sec. 3946.201. GENERAL CONTRACT POWERS. The district may | ||
contract with any person to accomplish any district purpose. | ||
Sec. 3946.202. CONTRACT TERMS. A contract the district | ||
enters into to carry out a purpose of this chapter may be on any | ||
terms and for any period the board determines, including an | ||
obligation to issue a negotiable or nonnegotiable note or warrant | ||
payable to the city or any other person. | ||
Sec. 3946.203. REIMBURSEMENT OF COSTS. The district may | ||
contract with any person for the payment, repayment, or | ||
reimbursement of costs incurred by that person on behalf of the | ||
district, including all or part of the costs of an improvement | ||
project and interest on the reimbursed cost. | ||
Sec. 3946.204. CONTRACT FOR IMPROVEMENT PROJECT. (a) The | ||
district may contract with any person for the use, occupancy, | ||
lease, rental, operation, maintenance, or management of all or part | ||
of a proposed or existing improvement project. | ||
(b) The district may apply for and contract with any person | ||
to receive, administer, and perform a duty or obligation of the | ||
district under a federal, state, local, or private gift, grant, | ||
loan, conveyance, transfer, bequest, or other financial assistance | ||
arrangement relating to the investigation, planning, analysis, | ||
study, design, acquisition, construction, improvement, completion, | ||
implementation, or operation by the district or others of a | ||
proposed or existing improvement project. | ||
Sec. 3946.205. NO FURTHER CONTRACT AUTHORIZATION REQUIRED. | ||
Any person, including the city, may contract with the district to | ||
carry out the purposes of this chapter without further statutory or | ||
other kind of authorization. | ||
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS | ||
Sec. 3946.251. DEVELOPMENT AGREEMENT REQUIRED TO BORROW | ||
MONEY OR IMPOSE ASSESSMENTS. Before the district may issue bonds, | ||
impose assessments, or borrow money, the district must obtain from | ||
the city confirmation that no defaults under the development | ||
agreement are known. | ||
Sec. 3946.252. BORROWING MONEY. The district may borrow | ||
money for a district purpose by issuing or executing bonds, notes, | ||
credit agreements, or other obligations of any kind found by the | ||
board to be necessary or appropriate for a district purpose. The | ||
bond, note, credit agreement, or other obligation must be secured | ||
by and payable from assessments or any other district revenue. | ||
Sec. 3946.253. BONDS AND OTHER OBLIGATIONS. (a) 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 J, Chapter 375, Local Government | ||
Code. | ||
(b) If the improvements financed by an obligation will be | ||
conveyed to or operated and maintained by a municipality or retail | ||
utility provider pursuant to an agreement between the district and | ||
the municipality or retail utility provider entered into before the | ||
issuance of the obligation, the obligation may be issued in the | ||
manner provided by Subchapter A, Chapter 372, Local Government | ||
Code. | ||
(c) In exercising the district's borrowing power, the | ||
district may issue a bond or other obligation in the form of a bond, | ||
note, certificate of participation or other instrument evidencing a | ||
proportionate interest in payments to be made by the district, or | ||
other type of obligation. | ||
(d) In addition to the sources of money described by | ||
Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local | ||
Government Code, district bonds may be secured and made payable | ||
wholly or partly by a pledge of any part of the money the district | ||
receives from improvement revenue or from any other source. | ||
Sec. 3946.254. BOND MATURITY. Bonds may mature not more | ||
than 40 years from their date of issue. | ||
Sec. 3946.255. ISSUER POWERS FOR CERTAIN PUBLIC | ||
IMPROVEMENTS. The district may exercise any power of an issuer | ||
under Chapter 1371, Government Code. | ||
Sec. 3946.256. GENERAL POWERS REGARDING PAYMENT OF DISTRICT | ||
BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or | ||
secure the payment or repayment of any bond, note, or other | ||
temporary or permanent obligation or reimbursement or other | ||
contract with any person and the costs and expenses of the | ||
establishment, administration, and operation of the district and | ||
the district's costs or share of the costs or revenue of an | ||
improvement project or district contractual obligation or debt by: | ||
(1) a lease, installment purchase contract, or other | ||
agreement; or | ||
(2) any other revenue or resources of the district or | ||
other revenue authorized by the city, including revenue from a tax | ||
increment reinvestment zone created by the city. | ||
Sec. 3946.257. ASSESSMENTS. (a) The district may impose an | ||
assessment on property in the district to pay the cost of any | ||
authorized district improvement or to pay the costs of establishing | ||
and operating the district in the manner provided for: | ||
(1) a district under Subchapters A, E, and F, Chapter | ||
375, Local Government Code; or | ||
(2) a municipality or county under Subchapter A, | ||
Chapter 372, Local Government Code. | ||
(b) An assessment may not exceed the equivalent of 43 cents | ||
per $100 of valuation on the average residential lot in the | ||
district. | ||
(c) 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; and | ||
(2) are superior to any other lien or claim other than | ||
a lien or claim for county, school district, or municipal ad valorem | ||
taxes. | ||
(d) The lien of an assessment against property runs with the | ||
land. The portion of an assessment payment obligation that has not | ||
yet come due is not eliminated by the foreclosure of an ad valorem | ||
tax lien, and any purchaser of property in a foreclosure of an ad | ||
valorem tax lien takes the property subject to the assessment | ||
payment obligations that have not yet come due and to the lien and | ||
terms of the lien's payment under the applicable assessment | ||
ordinance or order. | ||
(e) The board may make a correction to or deletion from the | ||
assessment roll that does not increase the amount of assessment of | ||
any parcel of land without providing notice and holding a hearing in | ||
the manner required for additional assessments. | ||
Sec. 3946.258. COSTS FOR IMPROVEMENT PROJECTS. The | ||
district may undertake separately or jointly with other persons, | ||
including the city, all or part of the cost of an improvement | ||
project, including an improvement project that confers a general | ||
benefit on the entire district or a special benefit on a definable | ||
part of the district. | ||
Sec. 3946.259. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||
375.161, Local Government Code, does not apply to the district. | ||
Sec. 3946.260. NO IMPACT FEES. The district may not impose | ||
an impact fee. | ||
Sec. 3946.261. NO AD VALOREM TAX. The district may not | ||
impose an ad valorem tax. | ||
SUBCHAPTER G. DISSOLUTION | ||
Sec. 3946.301. DISSOLUTION BY CITY ORDINANCE. (a) The city | ||
by ordinance may dissolve the district. | ||
(b) The city may not dissolve the district until: | ||
(1) the district's outstanding debt or other | ||
obligations have been repaid, assumed, or discharged, including the | ||
defeasance of any outstanding bonds or other obligations through | ||
the issuance of debt by the city; and | ||
(2) each party to the development agreement fulfills | ||
the party's obligations under the agreement and the plan, including | ||
a district obligation to reimburse a developer or owner for the | ||
costs of an improvement project or service. | ||
Sec. 3946.302. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. | ||
(a) If the dissolved district has bonds or other obligations | ||
outstanding secured by and payable from assessments or other | ||
revenue, the city shall succeed to the rights and obligations of the | ||
district regarding enforcement and collection of the assessments or | ||
other revenue. | ||
(b) The city shall have and exercise all district powers to | ||
enforce and collect the assessments or other revenue to pay: | ||
(1) the bonds or other obligations when due and | ||
payable according to their terms; or | ||
(2) special revenue or assessment bonds or other | ||
obligations issued by the city to refund the outstanding bonds or | ||
obligations. | ||
Sec. 3946.303. ASSUMPTION OF ASSETS AND LIABILITIES. (a) | ||
After the city dissolves the district, the city assumes, subject to | ||
the appropriation and availability of funds, the obligations of the | ||
district, including any bonds or other debt payable from | ||
assessments or other district revenue. | ||
(b) If the city dissolves the district, the board shall | ||
transfer ownership of all district property to the city. | ||
SECTION 2. The Windsor Hills Municipal Management District | ||
No. 1 initially includes all the territory contained in the | ||
following area: | ||
TRACT ONE | ||
BEING a tract of land out of the JOSEPH STEWART Survey, | ||
Abstract Number 961, M.E.P. & P.R.R. COMPANY Survey, Abstract | ||
Number 761, JAMES JONES Survey, Abstract Number 583, ALLEN REEVES | ||
Survey, Abstract Number 939 and the B.F. BERRY Survey, Abstract | ||
Number 1547 and being part of a tract of land described to One | ||
Windsor Hills L.P. as recorded in Volume 2199, Page 2425, Volume | ||
2181, Page 1640 and Volume 2206, Page 1415, Deed Records, Ellis | ||
County, Texas, and being more particularly described by metes and | ||
bounds as follows: | ||
BEGINNING at the northwesterly corner of a tract of land | ||
described to One Windsor Hills L.P. in Volume 2206, Page 1415, Deed | ||
Records, Ellis County, Texas, and the southwesterly corner of a | ||
tract of land described to Suburban Residential, L.P. as recorded | ||
in Volume 2061, Page 1487, Deed Records, Ellis County, Texas, said | ||
point also being in the easterly right-of-way of U.S. Highway | ||
Number 287 (a variable width right-of-way). | ||
THENCE North 59°34'56" East along said common line and | ||
departing said east right-of-way line passing at a distance of | ||
223.98 feet the easterly line of said Suburban Residential, L.P. | ||
tract and the westerly line of said tract of land described to One | ||
Windsor Hills, L.P. in Volume 2181, Page 1640 in all a total | ||
distance of 2878.85 feet to a point for corner; | ||
THENCE North 30°22'31" West, a distance of 623.90 feet to a | ||
point for corner; | ||
THENCE North 81°43'06" East, a distance of 488.08 feet to a | ||
point for corner; | ||
THENCE North 72°00'40" East, a distance of 320.19 feet to a | ||
point for corner; | ||
THENCE North 71°30'14" East, a distance of 275.16 feet to a | ||
point for corner; | ||
THENCE North 60°21'33" East, a distance of 306.11 feet to a | ||
point for corner; | ||
THENCE North 60°52'42" East, a distance of 324.51 feet to a | ||
point for corner; | ||
THENCE North 62°51'56" East, a distance of 737.24 feet to a | ||
point for corner; | ||
THENCE North 77°31'00" East, a distance of 184.84 feet to a | ||
point for corner; | ||
THENCE South 54°36'52" East, a distance of 94.36 feet to a | ||
point for corner; | ||
THENCE South 45°11'54" East, a distance of 143.80 feet to a | ||
point for corner; | ||
THENCE North 00°06'23" East, a distance of 2809.23 feet to a | ||
point for corner, said point being at the beginning of tangent curve | ||
to the right whose chord bears North 04°50'09" East, and a chord | ||
length of 454.89; | ||
THENCE in a northeasterly direction with said curve to the | ||
right having a central angle 09°5305", with a radius of 2640.00 | ||
feet, an arc length of 455.45 feet to a point for corner, said point | ||
being in the northeasterly line of said tract of land described to | ||
One Windsor Hills, L.P. in Volume 2199, Page 2425, and southerly | ||
line of a tract of land described to JAS Holdings, L.L.C. as | ||
recorded in Volume 2051, Page 2082, Deed Records, Ellis County, | ||
Texas; | ||
THENCE North 88°55'17" East, along said common line a distance | ||
of 627.82 feet to a point for corner; | ||
THENCE South 01°20'17" East continuing along said common line | ||
a distance of 491.92 feet to a point for corner; | ||
THENCE North 87°52'20' East continuing along said common line | ||
a distance of 765.58 feet to a point for corner; | ||
THENCE North 89°07'31" East continuing along said common line | ||
a distance of 1045.64 feet to a point for corner said point being in | ||
the apparent westerly line of Quarry Road (a variable width | ||
right-of-way); | ||
THENCE along said Quarry Road the following calls: South | ||
00°31'02" East, a distance of 2176.51 feet to a point for corner; | ||
South 00°12'55" West, a distance of 619.03 feet to a point for | ||
corner; South 00°11'45" West, a distance of 2361.69 feet to a point | ||
for corner, said point being the northerly line of a tract of land | ||
described to Fulson Midlothian Partners L.P., in Volume 2220, Page | ||
0194, Deed Records, Ellis County, Texas; | ||
THENCE South 73°40'45" West, departing said Quarry Road, a | ||
distance of 1024.70 feet to a point for corner, said point being in | ||
the easterly line of said tract of land described to One Windsor | ||
Hills, L.P. in Volume 2206, Page 1415, and the northerly line of | ||
said Fulson Midlothian Partners L.P. tract; | ||
THENCE South 30°37'38" East, continuing along said common | ||
line a distance of 350.99 feet to a point for corner; | ||
THENCE South 59°15'58" West, continuing along said common | ||
line a distance of 3738.60 feet to a point for corner; | ||
THENCE South 00°20'54" West, continuing along said common | ||
line a distance of 423.54 feet to a point for corner, said point | ||
being in the said northerly right-of-way line of U.S. Highway | ||
Number 287; | ||
THENCE along said northerly right-of-way line of U.S. Highway | ||
Number 287 the following calls: North 63°06'06" West, a distance of | ||
291.86 feet to a point for corner; North 59°56'14" West, a distance | ||
of 490.32 feet to a point for corner; North 57°00'04" West, a | ||
distance of 447.27 feet to a point for corner; North 56°34'07" West, | ||
a distance of 486.37 feet to a point for corner; North 50°47'17" | ||
West, a distance of 387.41 feet to a point for corner; North | ||
49°12'36" West, a distance of 604.08 feet to a point for corner; | ||
North 48°29'20" West, a distance of 123.15 feet to a point for | ||
corner, said point being in the southeasterly line of a tract of | ||
land described to City of Midlothian, Cause Number 04-C-3616 County | ||
Court of Law, Ellis County, Texas; | ||
THENCE North 41°28'19" East, departing the said northerly | ||
right-of-way line of U.S Highway 287, a distance of 100.00 feet to a | ||
point for corner; | ||
THENCE North 48°53'44" West continuing along said common line | ||
a distance of 99.72 feet to a point for corner; | ||
THENCE South 41°38'09" West continuing along said common line | ||
a distance of 99.36 feet to a point for corner, said point being in | ||
the said northerly right-of-way line of U.S. Highway 287; | ||
THENCE along said northerly right-of-way line of U.S. Highway | ||
Number 287 the following calls: North 48°36'14" West, a distance of | ||
247.58 feet to a point for corner; North 42°50'51" West, a distance | ||
of 458.34 feet to a point for corner; North 51°04'02" West, a | ||
distance of 466.39 feet to a point for corner; North 27°30'07" West, | ||
a distance of 3.46 feet to the POINT OF BEGINNING, containing | ||
29,532,612 square feet or 677.97 acres, more or less. | ||
TRACT TWO | ||
BEING a tract of land out of thee ALLEN REEVES Survey, | ||
Abstract Number 939 and being part of a tract of land described to | ||
One Windsor Hills L.P. as recorded in Volume 2202, Page 2425, Deed | ||
Records, Ellis County, Texas, and being more particularly described | ||
by metes and bounds as follows: | ||
BEGINNING at the southeasterly corner of a tract of land | ||
described to One Windsor Hills L.P. Tract 2 in Volume 2202, Page | ||
1295, Deed Records, Ellis County, Texas, said point also being in | ||
the southwesterly line of a tract of land described to City of | ||
Midlothian in Volume 491, Page 081, Deed Records, Ellis County, | ||
Texas, said point also being in the apparent northerly line of Auger | ||
Road (a variable width right-of-way); | ||
THENCE along said northerly line of Auger Road the following | ||
calls: South 81°59'52" West, a distance of 520.79 feet to a point for | ||
corner; North 84°51'18" West, a distance of 617.43 feet to a point | ||
for corner; South 79°50'03" West, a distance of 442.41 feet to a | ||
point for corner, said point also being in the apparent easterly | ||
line of Quarry Road (a variable width right-of-way) and also being | ||
in the westerly line of said One Windsor Hills, L.P. Tract Two; | ||
THENCE North 00°09'14" West, a distance of 2342.31 feet to a | ||
point for corner, said point being in the southwesterly line of a | ||
tract of land described to North Texas Cement Company in Volume 846, | ||
Page 138, Deed Records, Ellis County, Texas; | ||
THENCE North 88°56'09" East departing said easterly line of | ||
Quarry Road and continuing along said common line a distance of | ||
563.53 feet to a point for corner; | ||
THENCE North 00°21'10" West, continuing along said common | ||
line a distance of 250.88 feet to a point for corner; | ||
THENCE North 89°56'37" East, a distance of 2097.82 feet to | ||
appoint for corner, said point being in the westerly line of a tract | ||
of land described to City of Midlothian in Volume 2451, Page 0414, | ||
Deed Records, Ellis County, Texas; | ||
THENCE South 00°22'22" East, continuing along said common | ||
line a distance of 1414.75 feet to a point for corner; | ||
THENCE South 89°25'13" West, a distance of 563.27 feet to a | ||
point for corner; | ||
THENCE South 36°57'24" West, a distance of 156.39 feet to a | ||
point for corner; | ||
THENCE South 42°37'28" West, a distance of 220.86 feet to a | ||
point for corner; | ||
THENCE South 17°07'08" West, a distance of 110.49 feet to a | ||
point for corner; | ||
THENCE South 29°56'28" West, a distance of 283.81 feet to a | ||
point for corner; | ||
THENCE South 83°24'38" West, a distance of 135.84 feet to a | ||
point for corner. | ||
THENCE South 02°33'31" East, a distance of 435.91 feet to the | ||
POINT OF BEGINNING, containing 5,604,605 square feet or 128.66 | ||
acres, more or less. | ||
TRACT THREE | ||
BEING a tract of land out of the ALLEN REEVES Survey, Abstract | ||
Number 939 and being part of a tract of land described to Jas | ||
Holdings, LLC, as recorded in Volume 2051, Page 2082, Deed Records, | ||
Ellis County, Texas, and being more particularly described by metes | ||
and bounds as follows: | ||
BEGINNNG at the northwesterly line of said Holdings tract, | ||
said point being at the intersection of the southerly line of Gifco | ||
Road and the westerly line of Quarry Road; | ||
THENCE South 06°40'47" West, a distance of 443.05 feet to a | ||
point for corner; | ||
THENCE South 06°09'13" East, a distance of 220.20 feet to a | ||
point for corner; | ||
THENCE South 10°13'13" East, a distance of 536.49 feet to a | ||
point for corner; | ||
THENCE South 08°58'47" West, a distance of 136.00 feet to a | ||
point for corner; | ||
THENCE South 10°19'36" West, a distance of 210.10 feet to a | ||
point for corner; | ||
THENCE South 00°07'52" East, a distance of 565.79 feet to a | ||
point for corner, said point being in the southerly line of said | ||
Holdings tract and the northerly line of a tract of land described | ||
to One Windsor Hills, L.P. as recorded in Volume 2199, Page 2425, | ||
Deed Records, Ellis County, Texas; | ||
THENCE with said common line the following calls: South | ||
89°07'31" West, a distance of 1045.64 feet to a point for corner; | ||
South 87°52'20" West, a distance of 765.58 feet to a point for | ||
corner; North 01°20'17" West, a distance of 491.92 feet to a point | ||
for corner; South 88°55'27" West, a distance of 627.82 feet to a | ||
point for corner, said point being at the beginning of a non-tangent | ||
curve to the right whose chord bears North 31°16'58" East, a | ||
distance of 1935.46 feet; | ||
THENCE in a northeasterly direction with said non-tangent | ||
curve to the right having a central angle of 43°00'28", with a radius | ||
of 2640.00 feet, an arc length of 1981.66 feet to a point for | ||
corner, said point being in the northerly line of said Holdings | ||
tract; | ||
THENCE North 89°50'10" East, along the northerly line of said | ||
Holdings tract a distance of 1436.81 feet to the POINT OF BEGINNING, | ||
containing 4,273,854 square feet or 98.11 acres, more or less. | ||
SECTION 3. (a) The legislature finds that the Windsor Hills | ||
Municipal Management District No. 1 created under Chapter 3907, | ||
Special District Local Laws Code, as added by Chapter 858 (H.B. | ||
3836), Acts of the 82nd Legislature, Regular Session, 2011, did not | ||
execute a development agreement and finance plan by September 1, | ||
2012. Therefore, Chapter 3907, Special District Local Laws Code, | ||
expired by operation of Section 3907.002(b), Special District Local | ||
Laws Code, on September 1, 2012. | ||
(b) The legislature finds that the Windsor Hills Municipal | ||
Management District No. 1 created under Chapter 3907A, Special | ||
District Local Laws Code, as added by Chapter 253 (H.B. 518), Acts | ||
of the 83rd Legislature, Regular Session, 2013, did not execute a | ||
development agreement and finance plan by September 1, 2015. | ||
Therefore, Chapter 3907A, Special District Local Laws Code, expired | ||
by operation of Section 3907A.002(b), Special District Local Laws | ||
Code, on September 1, 2015. | ||
SECTION 4. (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) 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 5. This Act takes effect September 1, 2017. | ||
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