Bill Text: TX HB3836 | 2011-2012 | 82nd Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of the Windsor Hills Municipal Management District No. 1; providing authority to levy an assessment and issue bonds.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB3836 Detail]

Download: Texas-2011-HB3836-Comm_Sub.html

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By: Pitts (Senate Sponsor - Birdwell) H.B. No. 3836
(In the Senate - Received from the House May 4, 2011;
May 5, 2011, read first time and referred to Committee on
Intergovernmental Relations; May 23, 2011, reported favorably by
the following vote: Yeas 5, Nays 0; May 23, 2011, sent to printer.)

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Windsor Hills Municipal Management
District No. 1; providing authority to levy an assessment and issue
bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3907 to read as follows:
CHAPTER 3907. WINDSOR HILLS MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3907.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Midlothian, Texas.
(3) "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, in addition to those contained in zoning, subdivision,
and other applicable ordinances of the city.
(4) "Director" means a board member.
(5) "District" means the Windsor Hills Municipal
Management District No. 1.
(6) "Finance plan" means a finance plan between the
city and the district that includes a general description of
improvement projects or services that will be financed by the
district, an estimate of the costs for the improvement projects or
services, an estimate of the amount of the costs for the improvement
projects or services that the district will pay directly or that
will be reimbursed to the developer, and the means of financing
costs related to the planning, design, construction, improvement,
maintenance, and operation of the improvement projects or services.
Sec. 3907.002. PRECONDITION; EXPIRATION. (a) The
district may not exercise any powers under this chapter until the
development agreement is executed.
(b) This chapter, including Section 3907.061, expires
September 1, 2012, if the development agreement and finance plan
are not executed by that date.
Sec. 3907.003. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution.
Sec. 3907.004. 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. 3907.005. 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:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand 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 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. 3907.006. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act enacting
this chapter, as that territory may have been modified under other
law.
(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 bonds or other
obligations described by Section 3907.201 or to pay the principal
and interest of the bonds or other obligations;
(4) right to impose or collect an assessment, or
collect other revenue; or
(5) legality or operation.
Sec. 3907.007. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) 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.
(b) A tax increment reinvestment zone created by the city in
the district is not subject to the limitations provided by Section
311.006, Tax Code.
[Sections 3907.008-3907.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3907.051. GOVERNING BODY; TERMS. The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring May
31 of each even-numbered year.
Sec. 3907.052. QUALIFICATIONS. (a) To be qualified to
serve as a director appointed by the governing body of the city, a
person must be:
(1) a resident of the city who is also a registered
voter of the city;
(2) an owner of property in the district; or
(3) an agent, employee, or tenant of a person
described by Subdivision (2).
(b) Section 49.052, Water Code, does not apply to the
district.
Sec. 3907.053. APPOINTMENT OF DIRECTORS. The governing
body of the city shall appoint directors.
Sec. 3907.054. 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. 3907.055. VACANCY. The governing body of the city
shall fill a vacancy on the board by appointing a person who meets
the qualifications prescribed by Section 3907.052.
Sec. 3907.056. 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. 3907.057. OFFICERS. The board shall elect from among
the directors a chair, a vice chair, and a secretary.
Sec. 3907.058. COMPENSATION; EXPENSES. (a) The district
may compensate each director in an amount not to exceed $75 for each
board meeting. The total amount of compensation for each director
in a calendar year may not exceed $3,000.
(b) The governing body of the city, by resolution or
ordinance, may increase:
(1) the compensation for each director to an amount
not to exceed $150 for each board meeting; and
(2) the total compensation for each director to an
amount not to exceed $6,000 in a calendar year.
(c) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of the board.
Sec. 3907.059. 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. 3907.060. BOARD MEETINGS. The board shall hold
meetings at a place accessible to the public.
Sec. 3907.061. INITIAL DIRECTORS. (a) The governing body
of the city shall appoint the initial directors immediately after
the effective date of the Act enacting this chapter.
(b) The governing body shall stagger the terms, with two or
three directors' terms expiring May 31, 2012, and the remaining
directors' terms expiring May 31, 2014.
(c) The term of an initial director does not begin until the
development agreement and finance plan are executed.
(d) This section expires September 1, 2016.
[Sections 3907.062-3907.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3907.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3907.102. IMPROVEMENT PROJECTS. The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, the improvement projects described by
Subchapter C-1 or activities in support of or incidental to those
projects.
Sec. 3907.103. WATER DISTRICT POWERS. The district has the
powers provided by the general laws relating to conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code.
Sec. 3907.104. ROAD DISTRICT POWERS. The district has the
powers provided by the general laws relating to road districts and
road utility districts created under Section 52(b), Article III,
Texas Constitution, including Chapters 365 and 441, Transportation
Code.
Sec. 3907.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 372, Local Government
Code, to a municipality or county.
Sec. 3907.106. MUNICIPAL MANAGEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 375, Local Government
Code.
Sec. 3907.107. CONTRACT POWERS. The district may contract
with a governmental or private entity, on terms determined by the
board, to carry out a power or duty authorized by this chapter or to
accomplish a purpose for which the district is created.
Sec. 3907.108. 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 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. 3907.109. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
Sec. 3907.110. NO TOLL ROADS. The district may not
construct, acquire, maintain, or operate a toll road.
[Sections 3907.111-3907.150 reserved for expansion]
SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES
Sec. 3907.151. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using money available to the district, or contract with a
governmental or private entity to 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.
Sec. 3907.152. BOARD DETERMINATION REQUIRED. The district
may not undertake an improvement project or service unless the
board determines the project or service:
(1) is necessary to accomplish a public purpose of the
district; and
(2) complies with the development agreement or the
parties to the development agreement agree to the project or
service, in writing.
Sec. 3907.153. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE
AREA. The district may undertake an improvement project or service
that confers a special benefit on a definable area in the district
and levy and collect a special assessment on benefited property in
the district in accordance with:
(1) Chapter 372, Local Government Code;
(2) Chapter 375, Local Government Code; or
(3) both chapters.
Sec. 3907.154. CONTRACTS. A contract to design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project is considered a contract for a good or service
under Subchapter I, Chapter 271, Local Government Code.
[Sections 3907.155-3907.200 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3907.201. BORROWING MONEY; OBLIGATIONS. (a) The
district may borrow money for a district purpose by issuing bonds,
notes, time warrants, or other obligations, or by entering into a
contract payable wholly or partly from an assessment, a contract
payment, a grant, district revenue, or a combination of these
sources.
(b) An obligation described by Subsection (a):
(1) may bear interest at a rate determined by the
board; and
(2) may include a term or condition as determined by
the board.
Sec. 3907.202. COMPLIANCE WITH DEVELOPMENT AGREEMENT AND
FINANCE PLAN. Before the district issues, enters into, or pays an
obligation under Section 3907.201:
(1) the obligation must be authorized by the finance
plan; and
(2) the city must provide written notice to the
district that no party to the development agreement is in default as
of the date the district is authorized to issue or enter into the
obligation.
Sec. 3907.203. ISSUER POWERS FOR CERTAIN PUBLIC
IMPROVEMENTS. The district may exercise any power of an issuer
under Chapter 1371, Government Code.
Sec. 3907.204. ASSESSMENTS. The district may impose an
assessment on property in the district to pay for an obligation
described by Section 3907.201 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.
Sec. 3907.205. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of a tax
or assessment on property in the zones.
Sec. 3907.206. 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 the district's money.
Sec. 3907.207. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to the district.
Sec. 3907.208. NO AD VALOREM TAX. The district may not
impose an ad valorem tax.
[Sections 3907.209-3907.250 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3907.251. DISSOLUTION BY CITY ORDINANCE. (a) The
governing body of the city may dissolve the district by ordinance.
(b) The governing body 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 and the
finance plan 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. 3907.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
If the governing body of the city dissolves the district and assumes
the outstanding bonds or other obligations of the district secured
by and payable from assessments or other revenue:
(1) the city shall, in the same manner as the district,
enforce and collect the assessments or other revenue to pay:
(A) the bonds or other obligations when due and
payable; or
(B) special revenue or assessment bonds or other
obligations issued by the city to refund the outstanding bonds or
obligations of the district; and
(2) 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 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 4. This Act takes effect September 1, 2011.
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