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AN ACT
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relating to the creation of the Windsor Hills Municipal Management |
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District No. 1; providing authority to levy an assessment and issue |
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bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3907 to read as follows: |
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CHAPTER 3907. WINDSOR HILLS MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3907.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Midlothian, Texas. |
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(3) "Development agreement" means a development |
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agreement between the city and One Windsor Hills, L.P., that |
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establishes the standards that apply to development in the |
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district, in addition to those contained in zoning, subdivision, |
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and other applicable ordinances of the city. |
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(4) "Director" means a board member. |
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(5) "District" means the Windsor Hills Municipal |
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Management District No. 1. |
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(6) "Finance plan" means a finance plan between the |
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city and the district that includes a general description of |
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improvement projects or services that will be financed by the |
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district, an estimate of the costs for the improvement projects or |
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services, an estimate of the amount of the costs for the improvement |
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projects or services that the district will pay directly or that |
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will be reimbursed to the developer, and the means of financing |
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costs related to the planning, design, construction, improvement, |
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maintenance, and operation of the improvement projects or services. |
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Sec. 3907.002. PRECONDITION; EXPIRATION. (a) The district |
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may not exercise any powers under this chapter until the |
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development agreement is executed. |
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(b) This chapter, including Section 3907.061, expires |
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September 1, 2012, if the development agreement and finance plan |
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are not executed by that date. |
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Sec. 3907.003. CREATION AND NATURE OF DISTRICT. The |
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district is a special district created under Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution. |
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Sec. 3907.004. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city from providing the level of |
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services provided to the area in the district as of the effective |
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date of the Act enacting this chapter. The district is created to |
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supplement and not to supplant the city services provided in the |
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district. |
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Sec. 3907.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The district is created to accomplish the purposes of a |
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municipal management district as provided by general law and |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution. |
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(d) The creation of the district is in the public interest |
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and is essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and commerce. |
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(e) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty. |
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(f) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(g) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3907.006. DISTRICT TERRITORY. (a) The district is |
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composed of the territory described by Section 2 of the Act enacting |
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this chapter, as that territory may have been modified under other |
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law. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to contract; |
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(3) authority to borrow money or issue bonds or other |
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obligations described by Section 3907.201 or to pay the principal |
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and interest of the bonds or other obligations; |
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(4) right to impose or collect an assessment, or |
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collect other revenue; or |
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(5) legality or operation. |
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Sec. 3907.007. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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(a) All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; or |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code. |
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(b) A tax increment reinvestment zone created by the city in |
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the district is not subject to the limitations provided by Section |
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311.006, Tax Code. |
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[Sections 3907.008-3907.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3907.051. GOVERNING BODY; TERMS. The district is |
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governed by a board of five voting directors who serve staggered |
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terms of four years, with two or three directors' terms expiring May |
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31 of each even-numbered year. |
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Sec. 3907.052. QUALIFICATIONS. (a) To be qualified to |
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serve as a director appointed by the governing body of the city, a |
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person must be: |
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(1) a resident of the city who is also a registered |
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voter of the city; |
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(2) an owner of property in the district; or |
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(3) an agent, employee, or tenant of a person |
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described by Subdivision (2). |
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(b) Section 49.052, Water Code, does not apply to the |
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district. |
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Sec. 3907.053. APPOINTMENT OF DIRECTORS. The governing |
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body of the city shall appoint directors. |
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Sec. 3907.054. EX OFFICIO DIRECTORS. (a) The following |
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persons serve ex officio as nonvoting directors: |
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(1) the city manager of the city; and |
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(2) the chief financial officer of the city. |
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(b) An ex officio director is entitled to speak on a matter |
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before the board. |
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Sec. 3907.055. VACANCY. The governing body of the city |
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shall fill a vacancy on the board by appointing a person who meets |
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the qualifications prescribed by Section 3907.052. |
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Sec. 3907.056. DIRECTOR'S OATH OR AFFIRMATION. A director |
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shall file the director's oath or affirmation of office with the |
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district, and the district shall retain the oath or affirmation in |
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the district records. |
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Sec. 3907.057. OFFICERS. The board shall elect from among |
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the directors a chair, a vice chair, and a secretary. |
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Sec. 3907.058. COMPENSATION; EXPENSES. (a) The district |
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may compensate each director in an amount not to exceed $75 for each |
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board meeting. The total amount of compensation for each director |
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in a calendar year may not exceed $3,000. |
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(b) The governing body of the city, by resolution or |
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ordinance, may increase: |
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(1) the compensation for each director to an amount |
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not to exceed $150 for each board meeting; and |
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(2) the total compensation for each director to an |
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amount not to exceed $6,000 in a calendar year. |
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(c) A director is entitled to reimbursement for necessary |
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and reasonable expenses incurred in carrying out the duties and |
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responsibilities of the board. |
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Sec. 3907.059. LIABILITY INSURANCE. The district may |
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obtain and pay for comprehensive general liability insurance |
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coverage from a commercial insurance company or other source that |
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protects and insures a director against personal liability and from |
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all claims relating to: |
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(1) actions taken by the director in the director's |
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capacity as a member of the board; |
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(2) actions and activities taken by the district; or |
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(3) the actions of others acting on behalf of the |
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district. |
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Sec. 3907.060. BOARD MEETINGS. The board shall hold |
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meetings at a place accessible to the public. |
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Sec. 3907.061. INITIAL DIRECTORS. (a) The governing body |
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of the city shall appoint the initial directors immediately after |
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the effective date of the Act enacting this chapter. |
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(b) The governing body shall stagger the terms, with two or |
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three directors' terms expiring May 31, 2012, and the remaining |
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directors' terms expiring May 31, 2014. |
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(c) The term of an initial director does not begin until the |
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development agreement and finance plan are executed. |
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(d) This section expires September 1, 2016. |
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[Sections 3907.062-3907.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3907.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3907.102. IMPROVEMENT PROJECTS. The district may |
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provide, or it may enter into contracts with a governmental or |
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private entity to provide, the improvement projects described by |
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Subchapter C-1 or activities in support of or incidental to those |
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projects. |
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Sec. 3907.103. WATER DISTRICT POWERS. The district has the |
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powers provided by the general laws relating to conservation and |
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reclamation districts created under Section 59, Article XVI, Texas |
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Constitution, including Chapters 49 and 54, Water Code. |
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Sec. 3907.104. ROAD DISTRICT POWERS. The district has the |
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powers provided by the general laws relating to road districts and |
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road utility districts created under Section 52(b), Article III, |
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Texas Constitution, including Chapters 365 and 441, Transportation |
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Code. |
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Sec. 3907.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The |
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district has the powers provided by Chapter 372, Local Government |
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Code, to a municipality or county. |
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Sec. 3907.106. MUNICIPAL MANAGEMENT DISTRICT POWERS. The |
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district has the powers provided by Chapter 375, Local Government |
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Code. |
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Sec. 3907.107. CONTRACT POWERS. The district may contract |
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with a governmental or private entity, on terms determined by the |
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board, to carry out a power or duty authorized by this chapter or to |
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accomplish a purpose for which the district is created. |
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Sec. 3907.108. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The district's parking facilities are necessary |
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components of a street and are considered to be a street or road |
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improvement. |
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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3907.109. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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Sec. 3907.110. NO TOLL ROADS. The district may not |
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construct, acquire, maintain, or operate a toll road. |
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[Sections 3907.111-3907.150 reserved for expansion] |
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SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES |
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Sec. 3907.151. IMPROVEMENT PROJECTS AND SERVICES. The |
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district may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service using money available to the district, or contract with a |
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governmental or private entity to provide, design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project or service authorized under this chapter or |
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Chapter 375, Local Government Code. |
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Sec. 3907.152. BOARD DETERMINATION REQUIRED. The district |
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may not undertake an improvement project or service unless the |
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board determines the project or service: |
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(1) is necessary to accomplish a public purpose of the |
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district; and |
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(2) complies with the development agreement or the |
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parties to the development agreement agree to the project or |
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service, in writing. |
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Sec. 3907.153. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE |
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AREA. The district may undertake an improvement project or service |
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that confers a special benefit on a definable area in the district |
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and levy and collect a special assessment on benefited property in |
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the district in accordance with: |
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(1) Chapter 372, Local Government Code; |
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(2) Chapter 375, Local Government Code; or |
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(3) both chapters. |
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Sec. 3907.154. CONTRACTS. A contract to design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project is considered a contract for a good or service |
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under Subchapter I, Chapter 271, Local Government Code. |
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[Sections 3907.155-3907.200 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3907.201. BORROWING MONEY; OBLIGATIONS. (a) The |
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district may borrow money for a district purpose by issuing bonds, |
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notes, time warrants, or other obligations, or by entering into a |
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contract payable wholly or partly from an assessment, a contract |
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payment, a grant, district revenue, or a combination of these |
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sources. |
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(b) An obligation described by Subsection (a): |
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(1) may bear interest at a rate determined by the |
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board; and |
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(2) may include a term or condition as determined by |
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the board. |
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Sec. 3907.202. COMPLIANCE WITH DEVELOPMENT AGREEMENT AND |
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FINANCE PLAN. Before the district issues, enters into, or pays an |
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obligation under Section 3907.201: |
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(1) the obligation must be authorized by the finance |
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plan; and |
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(2) the city must provide written notice to the |
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district that no party to the development agreement is in default as |
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of the date the district is authorized to issue or enter into the |
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obligation. |
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Sec. 3907.203. ISSUER POWERS FOR CERTAIN PUBLIC |
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IMPROVEMENTS. The district may exercise any power of an issuer |
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under Chapter 1371, Government Code. |
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Sec. 3907.204. ASSESSMENTS. The district may impose an |
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assessment on property in the district to pay for an obligation |
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described by Section 3907.201 in the manner provided for: |
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(1) a district under Subchapters A, E, and F, Chapter |
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375, Local Government Code; or |
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(2) a municipality or county under Subchapter A, |
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Chapter 372, Local Government Code. |
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Sec. 3907.205. TAX AND ASSESSMENT ABATEMENTS. The district |
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may designate reinvestment zones and may grant abatements of a tax |
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or assessment on property in the zones. |
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Sec. 3907.206. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of the district's money. |
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Sec. 3907.207. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to the district. |
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Sec. 3907.208. NO AD VALOREM TAX. The district may not |
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impose an ad valorem tax. |
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[Sections 3907.209-3907.250 reserved for expansion] |
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SUBCHAPTER E. DISSOLUTION |
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Sec. 3907.251. DISSOLUTION BY CITY ORDINANCE. (a) The |
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governing body of the city may dissolve the district by ordinance. |
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(b) The governing body may not dissolve the district until: |
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(1) the district's outstanding debt or other |
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obligations have been repaid, assumed, or discharged, including the |
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defeasance of any outstanding bonds or other obligations through |
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the issuance of debt by the city; and |
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(2) each party to the development agreement and the |
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finance plan fulfills the party's obligations under the agreement |
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and the plan, including a district obligation to reimburse a |
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developer or owner for the costs of an improvement project or |
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service. |
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Sec. 3907.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. |
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If the governing body of the city dissolves the district and assumes |
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the outstanding bonds or other obligations of the district secured |
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by and payable from assessments or other revenue: |
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(1) the city shall, in the same manner as the district, |
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enforce and collect the assessments or other revenue to pay: |
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(A) the bonds or other obligations when due and |
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payable; or |
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(B) special revenue or assessment bonds or other |
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obligations issued by the city to refund the outstanding bonds or |
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obligations of the district; and |
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(2) the board shall transfer ownership of all district |
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property to the city. |
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SECTION 2. The Windsor Hills Municipal Management District |
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No. 1 initially includes all the territory contained in the |
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following area: |
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TRACT ONE |
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BEING a tract of land out of the JOSEPH STEWART Survey, |
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Abstract Number 961, M.E.P. & P.R.R. COMPANY Survey, Abstract |
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Number 761, JAMES JONES Survey, Abstract Number 583, ALLEN REEVES |
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Survey, Abstract Number 939 and the B.F. BERRY Survey, Abstract |
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Number 1547 and being part of a tract of land described to One |
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Windsor Hills L.P. as recorded in Volume 2199, Page 2425, Volume |
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2181, Page 1640 and Volume 2206, Page 1415, Deed Records, Ellis |
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County, Texas, and being more particularly described by metes and |
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bounds as follows: |
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BEGINNING at the northwesterly corner of a tract of land |
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described to One Windsor Hills L.P. in Volume 2206, Page 1415, Deed |
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Records, Ellis County, Texas, and the southwesterly corner of a |
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tract of land described to Suburban Residential, L.P. as recorded |
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in Volume 2061, Page 1487, Deed Records, Ellis County, Texas, said |
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point also being in the easterly right-of-way of U.S. Highway |
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Number 287 (a variable width right-of-way). |
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THENCE North 59°34'56" East along said common line and |
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departing said east right-of-way line passing at a distance of |
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223.98 feet the easterly line of said Suburban Residential, L.P. |
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tract and the westerly line of said tract of land described to One |
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Windsor Hills, L.P. in Volume 2181, Page 1640 in all a total |
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distance of 2878.85 feet to a point for corner; |
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THENCE North 30°22'31" West, a distance of 623.90 feet to a |
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point for corner; |
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THENCE North 81°43'06" East, a distance of 488.08 feet to a |
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point for corner; |
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THENCE North 72°00'40" East, a distance of 320.19 feet to a |
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point for corner; |
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THENCE North 71°30'14" East, a distance of 275.16 feet to a |
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point for corner; |
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THENCE North 60°21'33" East, a distance of 306.11 feet to a |
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point for corner; |
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THENCE North 60°52'42" East, a distance of 324.51 feet to a |
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point for corner; |
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THENCE North 62°51'56" East, a distance of 737.24 feet to a |
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point for corner; |
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THENCE North 77°31'00" East, a distance of 184.84 feet to a |
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point for corner; |
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THENCE South 54°36'52" East, a distance of 94.36 feet to a |
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point for corner; |
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THENCE South 45°11'54" East, a distance of 143.80 feet to a |
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point for corner; |
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THENCE North 00°06'23" East, a distance of 2809.23 feet to a |
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point for corner, said point being at the beginning of tangent curve |
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to the right whose chord bears North 04°50'09" East, and a chord |
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length of 454.89; |
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THENCE in a northeasterly direction with said curve to the |
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right having a central angle 09°5305", with a radius of 2640.00 |
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feet, an arc length of 455.45 feet to a point for corner, said point |
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being in the northeasterly line of said tract of land described to |
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One Windsor Hills, L.P. in Volume 2199, Page 2425, and southerly |
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line of a tract of land described to JAS Holdings, L.L.C. as |
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recorded in Volume 2051, Page 2082, Deed Records, Ellis County, |
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Texas; |
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THENCE North 88°55'17" East, along said common line a distance |
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of 627.82 feet to a point for corner; |
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THENCE South 01°20'17" East continuing along said common line |
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a distance of 491.92 feet to a point for corner; |
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THENCE North 87°52'20' East continuing along said common line |
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a distance of 765.58 feet to a point for corner; |
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THENCE North 89°07'31" East continuing along said common line |
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a distance of 1045.64 feet to a point for corner said point being in |
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the apparent westerly line of Quarry Road (a variable width |
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right-of-way); |
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THENCE along said Quarry Road the following calls: South |
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00°31'02" East, a distance of 2176.51 feet to a point for corner; |
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South 00°12'55" West, a distance of 619.03 feet to a point for |
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corner; South 00°11'45" West, a distance of 2361.69 feet to a point |
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for corner, said point being the northerly line of a tract of land |
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described to Fulson Midlothian Partners L.P., in Volume 2220, Page |
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0194, Deed Records, Ellis County, Texas; |
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THENCE South 73°40'45" West, departing said Quarry Road, a |
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distance of 1024.70 feet to a point for corner, said point being in |
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the easterly line of said tract of land described to One Windsor |
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Hills, L.P. in Volume 2206, Page 1415, and the northerly line of |
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said Fulson Midlothian Partners L.P. tract; |
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THENCE South 30°37'38" East, continuing along said common |
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line a distance of 350.99 feet to a point for corner; |
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THENCE South 59°15'58" West, continuing along said common |
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line a distance of 3738.60 feet to a point for corner; |
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THENCE South 00°20'54" West, continuing along said common |
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line a distance of 423.54 feet to a point for corner, said point |
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being in the said northerly right-of-way line of U.S. Highway |
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Number 287; |
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THENCE along said northerly right-of-way line of U.S. Highway |
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Number 287 the following calls: North 63°06'06" West, a distance of |
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291.86 feet to a point for corner; North 59°56'14" West, a distance |
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of 490.32 feet to a point for corner; North 57°00'04" West, a |
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distance of 447.27 feet to a point for corner; North 56°34'07" West, |
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a distance of 486.37 feet to a point for corner; North 50°47'17" |
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West, a distance of 387.41 feet to a point for corner; North |
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49°12'36" West, a distance of 604.08 feet to a point for corner; |
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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 |
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land described to City of Midlothian, Cause Number 04-C-3616 County |
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Court of Law, Ellis County, Texas; |
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THENCE North 41°28'19" East, departing the said northerly |
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right-of-way line of U.S Highway 287, a distance of 100.00 feet to a |
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point for corner; |
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THENCE North 48°53'44" West continuing along said common line |
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a distance of 99.72 feet to a point for corner; |
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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. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 3836 was passed by the House on May 3, |
|
2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 3836 was passed by the Senate on May |
|
24, 2011, by the following vote: Yeas 31, Nays 0 |
|
. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |