Bill Text: TX HB3852 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the creation of the Midlothian Municipal Management District No. 2; providing authority to impose a tax, levy an assessment, and issue bonds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB3852 Detail]
Download: Texas-2011-HB3852-Enrolled.html
H.B. No. 3852 |
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relating to the creation of the Midlothian Municipal Management | ||
District No. 2; providing authority to impose a tax, 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 3911 to read as follows: | ||
CHAPTER 3911. MIDLOTHIAN MUNICIPAL MANAGEMENT DISTRICT NO. 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3911.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Midlothian, Texas. | ||
(3) "County" means Ellis County, Texas. | ||
(4) "Development agreement" means the development | ||
agreement between the city and ECOM Real Estate Management, Inc., | ||
Trustee. | ||
(5) "Director" means a board member. | ||
(6) "District" means the Midlothian Municipal | ||
Management District No. 2. | ||
(7) "Improvement project" means a project authorized | ||
by Subchapter C-1. | ||
Sec. 3911.002. PRECONDITION; EXPIRATION. (a) In this | ||
section, "finance plan" means a finance plan between the city and | ||
the district that includes a general description of improvement | ||
projects that will be financed by the district, an estimate of the | ||
costs for the improvement projects, an estimate of the amount of the | ||
costs for the improvement projects 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. | ||
(b) The district may not exercise any powers under this | ||
chapter until the development agreement and finance plan are | ||
executed. | ||
(c) This chapter, including Section 3911.062, expires | ||
September 1, 2015, if the development agreement and finance plan | ||
are not executed by that date. | ||
Sec. 3911.003. CREATION AND NATURE OF DISTRICT. The | ||
district is a special district created under Section 59, Article | ||
XVI, Texas Constitution. | ||
Sec. 3911.004. 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 or county from providing the level | ||
of services provided as of the effective date of the Act enacting | ||
this chapter to the area in the district. The district is created | ||
to supplement and not to supplant city and county services provided | ||
in the district. | ||
Sec. 3911.005. 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 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. | ||
(d) The district will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, potential employees, employees, visitors, | ||
and consumers in the district, and of the public; | ||
(2) provide needed funding for the district to | ||
preserve, maintain, and enhance the economic health and vitality of | ||
the district territory as a 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. | ||
(e) Pedestrian ways along or across a street, whether at | ||
grade or above or below the surface, and street lighting, street | ||
landscaping, vehicle parking, and street art objects are parts of | ||
and necessary components of a street and are considered to be an | ||
improvement project that includes a street or road improvement. | ||
(f) The district will not act as the agent or | ||
instrumentality of any private interest even though the district | ||
will benefit many private interests as well as the public. | ||
Sec. 3911.006. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) A mistake in the field notes of the district contained | ||
in Section 2 of the Act enacting this chapter or in copying the | ||
field notes in the legislative process does not in any way affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to contract, including the | ||
right to issue any type of bond or other obligation for a purpose | ||
for which the district is created; | ||
(3) the district's right to impose or collect an | ||
assessment, ad valorem taxes, or any other revenue; or | ||
(4) the legality or operation of the board. | ||
Sec. 3911.007. 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 by the | ||
city under Chapter 311, Tax Code; | ||
(2) a tax abatement reinvestment zone created by the | ||
city under Chapter 312, Tax Code; or | ||
(3) an enterprise zone created by the city under | ||
Chapter 2303, Government Code. | ||
(b) If the city creates a tax increment reinvestment zone | ||
described by Subsection (a), the city and the board of directors of | ||
the zone, by contract with the district, may grant money deposited | ||
in the tax increment fund to the district to be used by the district | ||
for the purposes permitted for money granted to a corporation under | ||
Section 380.002(b), Local Government Code, including the right to | ||
pledge the money as security for any bonds issued by the district | ||
for an improvement project. | ||
[Sections 3911.008-3911.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3911.051. 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. 3911.052. 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 district 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. 3911.053. APPOINTMENT OF DIRECTORS. The governing | ||
body of the city shall appoint directors from a list of names | ||
recommended by a majority of the board. The governing body may | ||
request one additional list of names from the board. | ||
Sec. 3911.054. 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 notice of board | ||
meetings and to speak on a matter before the board. | ||
Sec. 3911.055. VACANCY. The governing body of the city | ||
shall fill a vacancy on the board for the remainder of the unexpired | ||
term in the same manner as the original appointment. | ||
Sec. 3911.056. 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. 3911.057. OFFICERS. The board shall elect from among | ||
the directors a chair, a vice chair, and a secretary. | ||
Sec. 3911.058. 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. 3911.059. 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. 3911.060. BOARD MEETINGS. The board shall hold | ||
meetings at a place accessible to the public. | ||
Sec. 3911.061. CONFLICTS OF INTEREST. Chapter 171, Local | ||
Government Code, governs conflicts of interest of directors. | ||
Sec. 3911.062. INITIAL DIRECTORS. (a) The governing body | ||
of the city shall appoint the initial directors from a list of names | ||
recommended by the owners of a majority of the assessed value of | ||
property in the district. The governing body may request one | ||
additional list of names from the board. | ||
(b) The governing body of the city shall appoint the initial | ||
directors after the effective date of the Act enacting this | ||
chapter. | ||
(c) 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. | ||
(d) Section 3911.052 does not apply to this section. | ||
(e) This section expires September 1, 2016. | ||
[Sections 3911.063-3911.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3911.101. 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. 3911.102. 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. 3911.103. ROAD DISTRICT POWERS; EXCEPTION. (a) | ||
Except as provided by Subsection (b), 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 Chapter 441, Transportation Code. | ||
(b) The district may exercise any power granted by this | ||
chapter and by Chapter 441, Transportation Code, without regard to | ||
any provision or requirement of, or procedure or maintenance tax | ||
rate limitation prescribed by, Chapter 441, Transportation Code. | ||
Sec. 3911.104. PUBLIC IMPROVEMENT DISTRICT POWERS. The | ||
district has the powers provided by Subchapter A, Chapter 372, | ||
Local Government Code, to a municipality or county. | ||
Sec. 3911.105. MUNICIPAL MANAGEMENT DISTRICT POWERS. The | ||
district has the powers provided by Chapter 375, Local Government | ||
Code. | ||
Sec. 3911.106. 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. 3911.107. NOTICE OF NAME CHANGE. The board shall give | ||
written notice of any name change to the city. | ||
Sec. 3911.108. 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. 3911.109. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
[Sections 3911.110-3911.150 reserved for expansion] | ||
SUBCHAPTER C-1. IMPROVEMENT PROJECTS | ||
Sec. 3911.151. 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. 3911.152. 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 streets, highways, rights-of-way, | ||
or easements without the consent of the governing body of the city. | ||
Sec. 3911.153. ADDITIONAL CITY POWERS REGARDING | ||
IMPROVEMENT PROJECTS. (a) Unless the district and the city agree | ||
otherwise, the city may: | ||
(1) by ordinance, order, or resolution require that | ||
title to all or any portion of an improvement project vest in the | ||
city; or | ||
(2) by ordinance, order, or 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, order, or resolution adopted under this section. | ||
Sec. 3911.154. LAKE. For the purposes of this subchapter, | ||
planning, design, construction, improvement, or maintenance of a | ||
lake includes work done for drainage, reclamation, or recreation. | ||
Sec. 3911.155. WATER; EXCEPTION. (a) Except as provided by | ||
Subsection (b), an improvement project may include a supply and | ||
distribution facility or system to provide potable and nonpotable | ||
water to the residents and businesses of the district, including a | ||
wastewater collection facility. | ||
(b) The district may not engage in the business of wholesale | ||
or retail sale of potable water or the wholesale or retail | ||
collection and treatment of wastewater. | ||
Sec. 3911.156. ROADS. An improvement project may include a | ||
paved, macadamized, or graveled road or street inside and outside | ||
the district, to the full extent authorized by Section 52, Article | ||
III, Texas Constitution. | ||
Sec. 3911.157. STORM WATER. An improvement project may | ||
include protection and improvement of the quality of storm water | ||
that flows through the district. | ||
Sec. 3911.158. PARKING OR HELIPORT. An improvement project | ||
may include the planning, design, construction, improvement, | ||
maintenance, and operation of an off-street parking facility or | ||
heliport. | ||
Sec. 3911.159. EDUCATION AND CULTURE. An improvement | ||
project may include the planning and acquisition of: | ||
(1) public art and sculpture and related exhibits and | ||
facilities; or | ||
(2) an educational facility and a cultural exhibit or | ||
facility. | ||
Sec. 3911.160. CONVENTION CENTER. An improvement project | ||
may include the planning, design, construction, acquisition, | ||
lease, rental, improvement, maintenance, installation, and | ||
management of and provision of furnishings for a facility for: | ||
(1) a conference, convention, or exhibition; | ||
(2) a manufacturer, consumer, or trade show; | ||
(3) a civic, community, or institutional event; or | ||
(4) an exhibit, display, attraction, special event, or | ||
seasonal or cultural celebration or holiday. | ||
Sec. 3911.161. DEMOLITION. An improvement project may | ||
include the removal, razing, demolition, or clearing of land or | ||
improvements in connection with an improvement project. | ||
Sec. 3911.162. MITIGATION OF ENVIRONMENTAL EFFECTS. An | ||
improvement project may include the acquisition and improvement of | ||
land or other property for the mitigation of the environmental | ||
effects of an improvement project. | ||
Sec. 3911.163. ACQUISITION OF PROPERTY. An improvement | ||
project may include the acquisition of property or an interest in | ||
property in connection with an improvement project, including a | ||
project authorized by Subchapter A, Chapter 372, Local Government | ||
Code. | ||
Sec. 3911.164. SPECIAL OR SUPPLEMENTAL SERVICES. An | ||
improvement project may include a special or supplemental service | ||
for the improvement and promotion of the district or an area | ||
adjacent to the district or for the protection of public health and | ||
safety in or adjacent to the district, including: | ||
(1) tourism; | ||
(2) fire protection or emergency medical services; and | ||
(3) educational improvements, enhancements, and | ||
services. | ||
Sec. 3911.165. MISCELLANEOUS DESIGN, CONSTRUCTION, AND | ||
MAINTENANCE. An improvement project may include the planning, | ||
design, construction, improvement, and maintenance of: | ||
(1) highway right-of-way or transit corridor | ||
beautification and improvement; | ||
(2) a hiking and cycling path or trail; | ||
(3) a pedestrian walkway; or | ||
(4) a garden, recreational facility, community | ||
activity center, dock, wharf, sports facility, open space, scenic | ||
area, or related exhibit or preserve. | ||
Sec. 3911.166. SIMILAR IMPROVEMENT PROJECTS. An | ||
improvement project may include a public improvement, facility, or | ||
service similar to a project described by this subchapter. | ||
[Sections 3911.167-3911.200 reserved for expansion] | ||
SUBCHAPTER C-2. CONTRACTS | ||
Sec. 3911.201. GENERAL CONTRACT POWERS. The district may | ||
contract with any person to accomplish any district purpose. | ||
Sec. 3911.202. 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, the county, or any other person. | ||
Sec. 3911.203. 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. 3911.204. 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. 3911.205. NO FURTHER CONTRACT AUTHORIZATION REQUIRED. | ||
Except as provided by Section 3911.206, any person, including the | ||
city, may contract with the district to carry out the purposes of | ||
this chapter without further statutory or other authorization. | ||
Sec. 3911.206. CITY APPROVAL OF CERTAIN CONTRACTS. A | ||
contract payable from ad valorem taxes for a period longer than one | ||
year must be approved by the governing body of the city. | ||
[Sections 3911.207-3911.250 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 3911.251. DEVELOPMENT AGREEMENT REQUIRED TO BORROW | ||
MONEY OR IMPOSE TAXES OR ASSESSMENTS, INCLUDING BONDS. Before the | ||
district may issue bonds, impose taxes or assessments, or borrow | ||
money, the district and the city must negotiate and execute a | ||
development agreement regarding the development plans and rules | ||
for: | ||
(1) the development and operation of the district; and | ||
(2) the financing of improvement projects. | ||
Sec. 3911.252. 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 any combination of ad valorem taxes, | ||
assessments, or any other district revenue. | ||
Sec. 3911.253. 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) the imposition of a tax or an assessment, user fee, | ||
or rental charge; | ||
(2) a lease, installment purchase contract, or other | ||
agreement; or | ||
(3) 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. 3911.254. ASSESSMENTS. (a) The district may impose an | ||
assessment on property in the district to pay the cost or the cost | ||
of maintenance of any authorized district improvement 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, 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. | ||
(c) 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. | ||
(d) The board may make a correction to or deletion from the | ||
assessment roll that does not increase the amount of assessment of | ||
any parcel of land without providing notice and holding a hearing in | ||
the manner required for additional assessments. | ||
(e) Section 372.023(e), Local Government Code, does not | ||
apply to the district. | ||
Sec. 3911.255. IMPACT FEES; EXEMPTION. (a) The district | ||
may impose an impact fee on property in the district, including an | ||
impact fee on residential or commercial property, only in the | ||
manner provided by Subchapter A, Chapter 372, or Subchapter F, | ||
Chapter 375, Local Government Code, for a municipality, county, or | ||
public improvement district. | ||
(b) An impact fee for residential property must be for the | ||
limited purpose of providing capital funding for: | ||
(1) public water and wastewater facilities; | ||
(2) drainage and storm water facilities; and | ||
(3) streets and alleys. | ||
(c) The district may not impose an impact fee on the | ||
property, including equipment and facilities, of a public utility | ||
provider in the district. | ||
Sec. 3911.256. NONPOTABLE WATER USER CHARGES; CITY | ||
APPROVAL. The district may establish user charges for the use of | ||
nonpotable water for irrigation purposes, subject to approval of | ||
the governing body of the city. | ||
Sec. 3911.257. COSTS FOR IMPROVEMENT PROJECTS. The | ||
district may undertake separately or jointly with other persons, | ||
including the city or county, all or part of the cost of an | ||
improvement project, including an improvement project: | ||
(1) for improving, enhancing, and supporting public | ||
safety and security, fire protection and emergency medical | ||
services, and law enforcement in and adjacent to the district; or | ||
(2) that confers a general benefit on the entire | ||
district or a special benefit on a definable part of the district. | ||
Sec. 3911.258. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||
375.161, Local Government Code, does not apply to the district. | ||
[Sections 3911.259-3911.300 reserved for expansion] | ||
SUBCHAPTER E. TAXES AND BONDS | ||
Sec. 3911.301. PROPERTY TAX AUTHORIZED. The district may | ||
impose an ad valorem tax on all taxable property in the district, | ||
including industrial, commercial, and residential property, to pay | ||
for an improvement project. | ||
Sec. 3911.302. MAINTENANCE AND OPERATION TAX; ELECTION. | ||
(a) The district may impose a tax for maintenance and operation | ||
purposes, including for: | ||
(1) planning, constructing, acquiring, maintaining, | ||
repairing, and operating all improvement projects, including land, | ||
plants, works, facilities, improvements, appliances, and equipment | ||
of the district; and | ||
(2) paying costs of services, engineering and legal | ||
fees, and organization and administrative expenses. | ||
(b) The district may not impose a maintenance and operation | ||
tax unless a maximum tax rate is approved by the governing body of | ||
the city and a majority of the district voters voting at an election | ||
held for that purpose. The proposition in a maintenance and | ||
operation tax election may be for a specific maximum rate or for an | ||
unlimited rate. If a maximum tax rate is approved, the board may | ||
impose the tax at any rate that does not exceed the approved rate. | ||
(c) A maintenance and operation tax election may be held at | ||
the same time and in conjunction with any other district election. | ||
The election may be called by a separate election order or as part | ||
of any other election order. | ||
Sec. 3911.303. USE OF SURPLUS MAINTENANCE AND OPERATION | ||
MONEY. If the district has maintenance and operation tax money that | ||
is not needed for the purposes for which it was collected, the money | ||
may be used for any authorized purpose. | ||
Sec. 3911.304. TAX ABATEMENT. The district may enter into a | ||
tax abatement agreement regarding the district's ad valorem taxes | ||
in accordance with the general laws of this state authorizing and | ||
applicable to a tax abatement agreement by a municipality. | ||
Sec. 3911.305. BONDS AND OTHER OBLIGATIONS; MUNICIPAL | ||
APPROVAL. (a) The district by competitive bid or negotiated sale | ||
may issue bonds, notes, or other obligations payable wholly or | ||
partly from ad valorem taxes or assessments in the manner provided | ||
by Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local | ||
Government Code. | ||
(b) 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 to be made | ||
by the district, or any other type of obligation. | ||
(c) 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 system or improvement revenue or from any other | ||
source. | ||
Sec. 3911.306. BOND MATURITY. Bonds may mature not more | ||
than 40 years from their date of issue. | ||
Sec. 3911.307. TAXES FOR BONDS AND OTHER OBLIGATIONS; | ||
ELECTION. (a) At the time bonds or other obligations payable | ||
wholly or partly from ad valorem taxes are issued: | ||
(1) the board shall impose a continuing direct annual | ||
ad valorem tax, without limit as to rate or amount, for each year | ||
that all or part of the bonds are outstanding; and | ||
(2) the district annually shall impose an ad valorem | ||
tax on all taxable property in the district in an amount sufficient | ||
to: | ||
(A) pay the interest on the bonds or other | ||
obligations as the interest becomes due; | ||
(B) create a sinking fund for the payment of the | ||
principal of the bonds or other obligations when due or the | ||
redemption price at any earlier required redemption date; and | ||
(C) pay the expenses of imposing the taxes. | ||
(b) Bonds or other obligations that are secured by and | ||
payable from ad valorem taxes may not be issued unless the bonds and | ||
the imposition of the taxes are approved by: | ||
(1) a majority of the district voters voting at an | ||
election held for that purpose; and | ||
(2) the governing body of the city. | ||
(c) The district shall hold an election required by this | ||
section in the manner provided by Chapter 54, Water Code, and the | ||
Election Code. | ||
Sec. 3911.308. ISSUER POWERS FOR CERTAIN PUBLIC | ||
IMPROVEMENTS. The district may exercise any power of an issuer | ||
under Chapter 1371, Government Code. | ||
[Sections 3911.309-3911.350 reserved for expansion] | ||
SUBCHAPTER F. DISSOLUTION | ||
Sec. 3911.351. DISSOLUTION BY CITY ORDINANCE. (a) The city | ||
by ordinance may dissolve the district. | ||
(b) The city may not dissolve the district until the | ||
district's outstanding debt or contractual obligations have been | ||
repaid or discharged, including the defeasance of any outstanding | ||
debt issued by the city. | ||
(c) The city may not dissolve the district until the | ||
development agreement under Section 3911.251 has been executed and | ||
the district's performance under the agreement has been fulfilled, | ||
including any right or obligation the district has to reimburse a | ||
developer or owner for the costs of improvement projects. | ||
Sec. 3911.352. 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, other than ad valorem taxes, 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. 3911.353. ASSUMPTION OF ASSETS AND LIABILITIES. (a) | ||
After the city dissolves the district, the city assumes 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 Midlothian Municipal Management District No. | ||
2 initially includes all the territory contained in the following | ||
area: | ||
LEGAL DESCRIPTION | ||
TRACT 1: | ||
BEING a tract of land located in the JOHN EARLY SURVEY ABSTRACT NO. | ||
343, JOSEPH H. WITHERSPOON SURVEY, ABSTRACT NO. 1137, ISAAC COOPER | ||
SURVEY, ABSTRACT NO. 226, ELIZABETH RICE SURVEY, ABSTRACT NO. 929, | ||
A.R. NEWTON SURVEY, ABSTRACT NO. 807, WEST WILKINS SURVEY, ABSTRACT | ||
NO. 1162, J. KYSER SURVEY, ABSTRACT NO. 597, Z. HEATH SURVEY, | ||
ABSTRACT NO. 455, PUERTA IRRIGATION COMPANY SURVEY, ABSTRACT NO. | ||
1240, and the JAMES P. NEILL SURVEY, ABSTRACT NO. 1387, Ellis | ||
County, Texas and being a part of those tracts of land described | ||
Tract 3 and Tract 5 in Deed to ECOM Real Estate Management, Inc., | ||
recorded in Volume 1792, Page 136, Deed Records, Ellis County, | ||
Texas and being more particularly described as follows: | ||
BEGINNING at a 1 inch iron pipe found in the East line of Walnut | ||
Grove Road, a variable width right-of-way, at the most Westerly | ||
Southwest corner of said Tract 3; | ||
THENCE North 00 degrees 36 minutes 12 seconds West, along said East | ||
line of Walnut Grove Road, a distance of 1,675.84 feet to a 1/2 inch | ||
iron rod with a yellow plastic cap stamped "DAA" set for the most | ||
Westerly Northwest corner of said Tract 3, said point being in the | ||
South line of a tract of land described in Deed to Harold L. Curtis, | ||
recorded in Volume 669, Page 548, Deed Records, Ellis County, | ||
Texas; | ||
THENCE North 88 degrees 46 minutes 56 seconds East, along the South | ||
line of said Curtis tract and a tract of land described in Deed to | ||
Homer Dudley and wife, Nana Dudley, recorded in Volume 1679, Page | ||
407, Deed Records, Ellis County, Texas and a tract of land described | ||
in Deed to Homer Dudley, recorded in Volume 1201, Page 416, Deed | ||
Records, Ellis County, Texas, a distance of 1,648.23 feet to a 1/2 | ||
inch iron rod with a yellow plastic cap stamped "BMI" found for | ||
corner; | ||
THENCE North 01 degrees 01 minutes 38 seconds West, a distance of | ||
821.39 feet to a 1/2 inch iron rod with a red plastic cap found at | ||
the Northeast corner of said Dudley tract recorded in Volume 1201, | ||
Page 387 and the Southeast corner of a tract of land described in | ||
Deed to Homer Dudley and wife, Nana Dudley recorded in Volume 1576, | ||
page 387, Deed Records, Ellis County, Texas; | ||
THENCE North 01 degrees 04 minutes 29 seconds West, a distance of | ||
401.46 feet to a 1/2 inch iron rod found at the Northeast corner of | ||
said Dudley tract recorded in Volume 1576, Page 387 and the most | ||
Southerly Southeast corner of a tract of land described in Deed to | ||
Gwendolyn Larue, recorded in Volume 669, Page 548, Deed Records, | ||
Ellis County, Texas; | ||
THENCE North 01 degrees 16 minutes 41 seconds West, along the East | ||
line of said Larue tract, a distance of 71.65 feet to a 1/2 inch iron | ||
rod found at the most Northerly Northwest corner of said Tract 3; | ||
THENCE North 88 degrees 00 minutes 34 seconds East, along the South | ||
line of said Larue tract, a distance of 324.01 feet to a 1/2 inch | ||
iron rod found for corner; | ||
THENCE South 06 degrees 01 minutes 23 seconds East, a distance of | ||
50.05 feet to a 1/2 inch iron rod found at the most Southerly | ||
Southwest corner of a tract of land described as Tract 2 in Deed to | ||
Richard A. Brouwer, recorded in Volume 2033, Page 377, Deed | ||
Records, Ellis County, Texas; | ||
THENCE North 89 degrees 20 minutes 47 seconds East, along the most | ||
Northerly South line of said Brouwer Tract 2, a distance of 910.39 | ||
feet to a 1 inch iron pipe found at the Southeast corner of said | ||
Houchin Tract 2 and the Southwest corner of a tract of land | ||
described as Tract 1 in Deed to James Richard Houchin, recorded in | ||
Volume 1931, Page 1469, Deed Records, Ellis County, Texas; | ||
THENCE South 89 degrees 50 minutes 14 seconds East, along the South | ||
line of said Brouwer Tract 1, a distance of 235.15 feet to a 1/2 inch | ||
iron rod found at an ell corner of said Houchin Tract 1; | ||
THENCE South 01 degrees 27 minutes 53 seconds East, a distance of | ||
425.66 feet to a 1/2 inch iron rod found at the most Southerly | ||
Southwest corner of said Brouwer Tract 1; | ||
THENCE North 89 degrees 52 minutes 06 seconds East, along the most | ||
Southerly South line of said Brouwer Tract 1, a distance of 500.00 | ||
feet to a point for corner; | ||
THENCE South 00 degrees 52 minutes 06 seconds West, a distance of | ||
1,103.00 feet to a point for corner; | ||
THENCE North 89 degrees 52 minutes 06 seconds East, a distance of | ||
519.21 feet to a point for corner; | ||
THENCE South 00 degrees 07 minutes 54 seconds East, a distance of | ||
643.49 feet to a point for corner; | ||
THENCE North 89 degrees 52 minutes 06 seconds East, a distance of | ||
388.00 feet to a point for corner; | ||
THENCE South 00 degrees 07 minutes 54 seconds East, a distance of | ||
196.94 feet to a point for corner; | ||
THENCE South 89 degrees 12 minutes 10 seconds West, a distance of | ||
288.51 feet to a point for corner; | ||
THENCE South 29 degrees 00 minutes 50 seconds East, a distance of | ||
109.18 feet to a 1 point for corner; | ||
THENCE South 44 degrees 37 minutes 50 seconds East, a distance of | ||
231.94 feet to a point for corner; | ||
THENCE South 24 degrees 04 minutes 50 seconds East, a distance of | ||
133.89 feet to a point for corner; | ||
THENCE South 35 degrees 57 minutes 50 seconds East, a distance of | ||
98.06 feet to a point for corner; | ||
THENCE South 30 degrees 47 minutes 50 seconds East, a distance of | ||
138.89 feet to a 1/2 inch iron rod with a yellow plastic cap stamped | ||
"DAA" set for corner; | ||
THENCE Southerly with the approximate centerline of a creek the | ||
following six (6) courses and distances: | ||
South 07 degrees 54 minutes 27 seconds West, a distance of 221.82 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set for corner; | ||
South 05 degrees 16 minutes 01 seconds West, a distance of 180.85 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set for corner; | ||
South 05 degrees 43 minutes 17 seconds East, a distance of 89.54 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set for corner; | ||
South 39 degrees 55 minutes 09 seconds East, a distance of 92.89 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set for corner; | ||
South 28 degrees 43 minutes 21 seconds East, a distance of 54.13 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set for corner; | ||
South 00 degrees 47 minutes 28 seconds East, a distance of 126.46 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set at the Northwest corner of a tract of land described in Cause | ||
No. 25281 of the District Court of Ellis County, recorded in Volume | ||
520, Page 609, Deed Records, Ellis County, Texas; | ||
THENCE North 89 degrees 49 minutes 35 seconds East, a distance of | ||
325.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped | ||
"DAA" set at the Northeast corner of said tract described in Cause | ||
No. 25281; | ||
THENCE South 00 degrees 26 minutes 57 seconds East, a distance of | ||
523.52 feet to a 1/2 inch iron rod with a yellow plastic cap stamped | ||
"DAA" set at the Southeast corner of said tract described in Cause | ||
No. 25281, said point being in the South line of a tract of land | ||
described in Deed to Alma Ann Seale, recorded in Volume 693, Page | ||
425, Deed Records, Ellis County, Texas; | ||
THENCE North 89 degrees 00 minutes 13 seconds East, along the South | ||
line of said Seale tract, a distance of 1,737.72 feet to a wood | ||
fence post found for corner; | ||
THENCE South 00 degrees 48 minutes 00 seconds East, along the West | ||
line of said Seale tract and the West line of a tract of land | ||
described in Deed to Alma Ann Seale, recorded in Volume 633, Page | ||
750, Deed Records, Ellis County, Texas, a distance of 3,390.10 feet | ||
to a 1/2 inch iron rod found at the Southwest corner of said Seale | ||
tract recorded in Volume 633, Page 750; | ||
THENCE North 89 degrees 32 minutes 26 seconds East, along the South | ||
line of said Seale tract, a distance of 937.08 feet to a 1/2 inch | ||
iron rod found at the Northwest corner of a tract of land described | ||
in Deed as a Save & Except from said Tract 3 to the City Of | ||
Midlothian And City Of Waxahachie; | ||
THENCE South 03 degrees 09 minutes 09 seconds West, along the West | ||
line of said Save & Except, a distance of 1,370.83 feet to a 2-1/2 | ||
inch aluminum disk found for corner; | ||
THENCE South 86 degrees 51 minutes 59 seconds East, along the South | ||
line of said Save & Except, a distance of 799.67 feet to a 2-1/2 inch | ||
aluminum disk found for corner; | ||
THENCE South 03 degrees 09 minutes 18 seconds West, along the West | ||
line of said Save & Except, a distance of 706.20 feet to a 2-1/2 inch | ||
aluminum disk found at the most Southerly Southwest corner of said | ||
Save & Except tract and the Northeast corner of a tract of land | ||
described in Deed to City Of Midlothian And City Of Waxahachie, | ||
recorded in Volume 828, Page 86, Deed Records, Ellis County, Texas, | ||
said point being in the North line of a tract of land described in | ||
Deed to Alma Ann Seale, recorded in Volume 571, Page 811, Deed | ||
Records, Ellis County, Texas; | ||
THENCE South 89 degrees 02 minutes 26 seconds West, along said North | ||
line, a distance of 1,833.21 feet to a 1/2 inch iron rod found for | ||
corner; | ||
THENCE North 00 degrees 46 minutes 36 seconds West, along the most | ||
Westerly East line of said Seale tract, a distance of 790.80 feet to | ||
a 1/2 inch iron rod found for corner; | ||
THENCE North 26 degrees 47 minutes 39 seconds West, a distance of | ||
332.61 feet to a 1/2 inch iron rod found for corner; | ||
THENCE South 89 degrees 26 minutes 15 seconds West, along the North | ||
line of said Seale tract, a distance of 751.98 feet to a 1/2 inch | ||
iron rod with a yellow plastic cap stamped "DAA" set for corner in | ||
the East line of a tract of land described as Tract II in Deed to | ||
Garland Boles, recorded in Volume 996, Page 531, Deed records, | ||
Ellis County, Texas; | ||
THENCE North 10 degrees 15 minutes 25 seconds East, along said East | ||
line, a distance of 30.73 feet to a 1/2 inch iron rod with a yellow | ||
plastic cap stamped "DAA" set at the Northeast corner of said Boles | ||
tract; | ||
THENCE South 83 degrees 14 minutes 25 seconds West, along the North | ||
line of said Bole tract, passing a 5/8 inch iron rod found at a | ||
distance of 8.81 feet, and continuing for a total distance of 279.60 | ||
feet to a 1/2 inch iron rod found for corner; | ||
THENCE South 00 degrees 33 minutes 25 seconds West, along the West | ||
line of said Boles tract, a distance of 1,238.49 feet to a 1/2 inch | ||
iron rod found for corner; | ||
THENCE North 88 degrees 29 minutes 08 seconds West, a distance of | ||
88.26 feet to a Texas Department of Transportation aluminum disk | ||
found for corner in the Northeast line of U.S. Highway No. 287, a | ||
variable width right-of-way; | ||
THENCE Northwesterly along said Northeast right-of-way line the | ||
following five (5) courses and distances: | ||
North 48 degrees 39 minutes 02 seconds West, a distance of 692.86 | ||
feet to a Texas Department of Transportation aluminum disk found | ||
for corner; | ||
North 44 degrees 56 minutes 29 seconds West, a distance of 2,196.70 | ||
feet to a Texas Department of Transportation aluminum disk found | ||
for corner; | ||
North 39 degrees 54 minutes 45 seconds West, a distance of 501.93 | ||
feet to a Texas Department of Transportation aluminum disk found | ||
for corner; | ||
North 50 degrees 39 minutes 07 seconds West, a distance of 502.49 | ||
feet to a Texas Department of Transportation aluminum disk found | ||
for corner; | ||
North 45 degrees 59 minutes 38 seconds West, a distance of 418.55 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set for corner in the Southeast line of Lot 1, Block A of Walnut | ||
Grove Center North, an Addition to the City of Midlothian according | ||
to the Plat thereof recorded in Cabinet F, Slide 185, Plat records, | ||
Ellis County, Texas, said point being North 56 degrees 12 minutes 08 | ||
seconds East, 0.39 feet from a found 1/2 inch iron rod with a yellow | ||
plastic cap stamped "BRITTAIN & CRAWFORD"; | ||
THENCE North 44 degrees 38 minutes 36 seconds East, along the | ||
Southeast line of said Addition, a distance of 432.10 feet to a 1/2 | ||
inch iron rod with a yellow plastic cap stamped "BRITTAIN & | ||
CRAWFORD" found at the most Easterly corner of said Addition; | ||
THENCE North 45 degrees 21 minutes 24 seconds West, a distance of | ||
1,300.00 feet to a 1/2 inch iron rod with a yellow plastic cap | ||
stamped "BRITTAIN & CRAWFORD" found at the most Northerly corner of | ||
said Addition; | ||
THENCE North 00 degrees 05 minutes 21 seconds East, a distance of | ||
907.03 feet to a 1/2 inch iron rod found at the Northeast corner of a | ||
tract of land described as Tract 1 in Deed to Sara Jane Properties, | ||
Ltd., recorded in Volume 1808, Page 242, Deed Records, Ellis | ||
County, Texas and the Southeast corner of a tract of land described | ||
in Deed to Sara Jane Properties, Ltd., recorded in Volume 1808, Page | ||
248, Deed Records, Ellis County, Texas; | ||
THENCE North 00 degrees 07 minutes 42 seconds West, a distance of | ||
1,013.26 feet to a 1/2 inch iron rod with a yellow plastic cap | ||
stamped "RPLS 4480" found at the Southeast corner of Lot 2 of Turner | ||
Homestead Estates, an Addition to the City of Midlothian according | ||
to the Plat thereof recorded in Cabinet E, Slide 194, Plat records, | ||
Ellis County, Texas; | ||
THENCE North 00 degrees 02 minutes 12 seconds West, a distance of | ||
604.57 feet to a 1/2 inch iron rod found at the Northeast corner of | ||
Lot 1 of said Addition and the Southeast corner of a tract of land | ||
described in Deed to Stephen M. Guerrero and wife, Melissa M. | ||
Guerrero, recorded in Volume 1657, Page 41, Deed Records, Ellis | ||
County, Texas; | ||
THENCE North 01 degrees 40 minutes 57 seconds West, a distance of | ||
164.79 feet to a 1/2 inch iron rod found at the Northeast corner of | ||
said Guerrero tract; | ||
THENCE South 88 degrees 59 minutes 29 seconds West, along the North | ||
line of said Guerrero tract, a distance of 1,550.61 feet to the | ||
POINT OF BEGINNING and containing 839.041 acres of land, more or | ||
less. | ||
LEGAL DESCRIPTION | ||
TRACT 2: | ||
BEING a tract of land located in the ROBERT HOSFORD SURVEY, ABSTRACT | ||
NO. 533, J.L. BLANTON SURVEY, ABSTRACT NO. 1284 and the JOURDAN | ||
POWERS SURVEY, ABSTRACT NO. 838, Ellis County, Texas and being all | ||
of a tract of land described as Tract 2 in Deed to ECOM Real Estate | ||
Management, Inc., recorded in Volume 1792, Page 136, Deed Records, | ||
Ellis County, Texas and being more particularly described as | ||
follows: | ||
BEGINNING at a point for corner near the approximate centerline of | ||
Walnut Grove Road, a variable width right-of-way, at the most | ||
Westerly Northwest corner of said Tract 2; | ||
THENCE North 88 degrees 33 minutes 24 seconds East, passing at a | ||
distance of 20.61 feet a 3/4 inch iron rod found at the Southwest | ||
corner of a tract of land described in Deed to Joseph L. Rodgers and | ||
wife, Merry Nicol Rodgers, recorded in Volume 845, Page 711, Deed | ||
Records, Ellis County, Texas, and continuing for a total distance | ||
of 1,971.70 feet to a 1/2 inch iron rod with a yellow plastic cap | ||
stamped "DAA" set for corner; | ||
THENCE North 88 degrees 26 minutes 34 seconds East, a distance of | ||
32.90 feet to a 1/2 inch iron rod found at an inner ell corner of | ||
said Tract 2; | ||
THENCE North 00 degrees 06 minutes 53 seconds West, a distance of | ||
1,815.01 feet to an axle found at the most Northerly Northwest | ||
corner of said Tract 2 and the Southwest corner of a tract of land | ||
described in Deed to MCDC, Ltd., L.P., recorded in Volume 1979, page | ||
1154, Deed Records, Ellis County, Texas, said point also being the | ||
Southwest corner of Lot 9, Block 1 of HIDDEN MEADOW, an Addition to | ||
the City of Midlothian, Ellis County, Texas according to the Plat | ||
thereof recorded in Cabinet H, Slide 157, Plat Records, Ellis | ||
County, Texas; | ||
THENCE North 77 degrees 08 minutes 11 seconds East, along the common | ||
line of said Tract 2, said MCDC tract and said Addition, a distance | ||
of 909.33 feet to a 1/2 inch iron rod found at the Most Northerly | ||
Northeast corner of said Tract 2 and the Northwest corner of a tract | ||
of land described in Deed to Charles Fairbanks, Jr., recorded in | ||
Volume 1979, Page 1127, Deed Records, Ellis County, Texas; | ||
THENCE South 07 degrees 01 minutes 08 seconds East, along the common | ||
line of said Tract 2 and said Fairbanks tract, a distance of | ||
1,198.90 feet to a wood fence post found for corner; | ||
THENCE North 89 degrees 41 minutes 59 seconds East, continuing | ||
along the common line of said Tract 2 and said Fairbanks tract, a | ||
distance of 475.12 feet to a point for corner in the West line of a | ||
tract of land described in Deed to Terry G. Weaver, recorded in | ||
Volume 1878, Page 684, Deed Records, Ellis County, Texas, said | ||
point being near the approximate centerline of a creek; | ||
THENCE Southerly with the West line of said Weaver tract and the | ||
approximate centerline of said creek the following three (3) | ||
courses and distances: | ||
South 22 degrees 06 minutes 29 seconds West, a distance of 58.05 | ||
feet to a point for corner; | ||
South 09 degrees 30 minutes 50 seconds East, a distance of 342.74 | ||
feet to a point for corner; | ||
South 19 degrees 53 minutes 00 seconds East, a distance of 210.41 | ||
feet to a point at the Northeast corner of a tract of land described | ||
as Tract 1 in Deed to Richard A. Brouwer and wife, Mary K. Brouwer, | ||
recorded in Volume 2033, Page 377, Deed Records, Ellis County, | ||
Texas; | ||
THENCE along the Northerly and Westerly lines of said Brouwer tract | ||
the following eight (8) courses and distances: | ||
North 72 degrees 02 minutes 30 seconds West, a distance of 58.66 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set for corner; | ||
North 89 degrees 17 minutes 47 seconds West, a distance of 127.79 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set for corner; | ||
South 75 degrees 33 minutes 32 seconds West, a distance of 132.00 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set for corner; | ||
North 61 degrees 42 minutes 14 seconds West, a distance of 33.00 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped | ||
"COTTON SURVEYING" found for corner; | ||
South 02 degrees 43 minutes 46 seconds East, a distance of 129.00 | ||
feet to a 1/2 inch iron rod found for corner; | ||
South 53 degrees 49 minutes 45 seconds West, a distance of 179.66 | ||
feet to a 5/8 inch iron rod found for corner; | ||
South 53 degrees 47 minutes 16 seconds West, a distance of 303.27 | ||
feet to a 1/2 inch iron rod found for corner; | ||
South 02 degrees 11 minutes 06 seconds East, a distance of 1,196.11 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set for the Southeast corner of said Tract 2 and the most Easterly | ||
Northeast corner of a tract of land described as Tract 2 in Deed to | ||
Richard A. Brouwer and wife, Mary K. Brouwer, recorded in Volume | ||
2033, Page 377, Deed Records, Ellis County, Texas, said point being | ||
North 02 degrees 11 minutes 06 seconds West, 30.00 feet from a 1 | ||
inch iron pipe found at the Southwest corner of said Brouwer Tract | ||
1; | ||
THENCE along the common line of said ECOM Real Estate Management | ||
Company Tract 2 and said Brouwer Tract 2 the following three courses | ||
and distances: | ||
South 89 degrees 25 minutes 42 seconds West, a distance of 880.81 | ||
feet to a 10 inch wood fence post for corner; | ||
North 03 degrees 02 minutes 05 seconds West, a distance of 335.12 | ||
feet to a 1/2 inch iron rod found for corner; | ||
South 89 degrees 09 minutes 22 seconds West, a distance of 2,010.01 | ||
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" | ||
set for corner near the approximate centerline of said Walnut Grove | ||
Road; | ||
THENCE North 01 degrees 34 minutes 39 seconds West, a distance of | ||
1,020.13 feet to the POINT OF BEGINNING and containing 127.324 | ||
acres of land, more or less. | ||
FIELD NOTE DESCRIPTION | ||
TRACT 3: | ||
BEING a tract of land situated in the J. H. Witherspoon Survey, | ||
Abstract 1137, the I. Cooper Survey, Abstract No. 226, the Mary T. | ||
Castor Survey, Abstract 236, the James P. Alford Survey, Abstract 7 | ||
and the J. H. Witherspoon Survey, Abstract 1136, all of Ellis | ||
County, Texas, said tract being a portion of that tract of land | ||
conveyed to ECOM Real Estate Management, Inc. according to the | ||
document filed of record in Volume 1177, Page 555, Deed Records of | ||
Ellis County, Texas, said tract being more particularly described | ||
as follows: | ||
BEGINNING at a point in the North Line of the M.J. Pogue Survey for | ||
the Southwest corner of said C. L. Williams Survey, same being | ||
common with the most Easterly Southeast corner of said M. T. Castor | ||
Survey; | ||
THENCE North 2 degrees 26 minutes West, along a fence and the Survey | ||
line, 546.60 feet to a point for corner; | ||
THENCE South 50 degrees 01 minutes West, 440.9 feet to a point for | ||
corner; | ||
THENCE South 4 degrees 25 minutes East, 152.3 feet to a point for | ||
corner; | ||
THENCE South 35 degrees 05 minutes West 126.0 feet to a point in the | ||
North line of the M. J. Pogue Survey; | ||
THENCE North 89 degrees 59 minutes West, along a fence and a Survey | ||
line, 392.0 feet to a point for corner; | ||
THENCE South 0 degrees 25 minutes East, along a fence, 886.3 feet to | ||
a point for corner; | ||
THENCE North 89 degrees 52 minutes West, along a fence and the South | ||
line of said Castor Survey, 2412.0 feet to a point for corner being | ||
the Southwest corner of said Castor Survey; | ||
THENCE North 0 degrees 40 minutes West, along a fence and said | ||
Survey line, 1340.58 feet to point on the North side of Plainview | ||
Road; | ||
THENCE South 89 degrees 22 minutes 25 seconds East, 867.34 feet to a | ||
point for corner; | ||
THENCE North 89 degrees 04 minutes 35 seconds East, 346.53 feet to a | ||
point for corner; | ||
THENCE North 89 degrees 50 minutes 13 seconds East, 553.19 feet to a | ||
point for corner at the beginning of a curve to the left having a | ||
radius of 55.57 feet, a central angle of 77 degrees 01 minutes 46 | ||
seconds and a chord bearing and distance of North 51 degrees 17 | ||
minutes 31 seconds East, 69.21 feet; | ||
With said curve to the left an arc distance of 74.71 feet to a point | ||
for a corner of this tract; | ||
THENCE North 12 degrees 46 minutes 38 seconds East, 416.00 feet to a | ||
point for cornerat the beginning of a curve to the left having a | ||
radius of 1066.97 feet, a central angle of 8 degrees 20 minutes 31 | ||
seconds and a chord bearing and distance of North 08 degrees 36 | ||
minutes 22 seconds East, 155.21 feet; | ||
With said curve to the left an arc distance of 155.35 feet to a point | ||
for a corner of this tract; | ||
THENCE North 04 degrees 26 minutes 34 seconds East, 435.87 feet to a | ||
point for corner; | ||
THENCE North 3 degrees 18 minutes East, 208.3 feet to a point for | ||
corner; | ||
THENCE North 19 degrees 16 minutes West, 303.3 feet to a point for | ||
corner; | ||
THENCE North 25 degrees 43 minutes East, 289.3 feet to a point for | ||
corner; | ||
THENCE North 0 degrees 45 minutes West, 687.13 feet to a point for | ||
corner in the South Line of the H. & T.C. Railroad; | ||
THENCE South 56 degrees 37 minutes 50 seconds East, with said South | ||
Line, a distance of 2327.68 feet to a point for a corner at the | ||
beginning of a curve to right having a radius of 15566.77 feet, a | ||
central angle of 01 degrees 32 minutes 51 seconds and a chord | ||
bearing and distance of South 55 degrees 04 minutes 32 seconds East, | ||
420.40 feet; | ||
With said curve to the right an arc distance of 420.42 feet to a | ||
point for a corner at the beginning of a curve to the right having | ||
aradius of 2814.79 feet, a central angle of 19 degrees 59 minutes 08 | ||
seconds and a chord bearing and distance of South 41 degrees 26 | ||
minutes 36 seconds East, 976.87 feet; | ||
With said curve to the right an arc distance of 981.84 feet to a | ||
point for a corner at the beginning of a curve to the right having a | ||
radius of 22649.48 feet, a central angle of 0 degrees 33 minutes 30 | ||
seconds and a chord bearing and distance of South 30 degrees 13 | ||
minutes 42 seconds East, 220.70 feet; | ||
With said curve to the right an arc distance of 220.71 feet to a | ||
point for a corner; | ||
THENCE South29 degrees 40 minutes 07 seconds East, 561.82 feet to a | ||
point for corner; | ||
THENCE South 89 degrees 47 minutes West, leaving said Railroad | ||
South Line, a distance of 378.59 feet to a point for corner at the | ||
Northeast corner of the M. J. Pogue Survey; | ||
THENCE North 89 degrees 21 minutes West, with the North Line of said | ||
Pogue Survey, a distance of 72.3 feet to the West line of the above | ||
mentioned Cooper Survey; | ||
THENCE North 89 degrees 21 minutes West, with fence and common line | ||
of said Pogue Survey and the above mentioned Geo. L. Williams | ||
Survey, a distance of 1584.9 feet to the POINT OF BEGINNING, | ||
containing 201.01 acres of land, more or less. | ||
SECTION 3. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, | ||
lieutenant governor, and speaker of the house of representatives | ||
within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act have been | ||
fulfilled and accomplished. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3852 was passed by the House on May | ||
13, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3852 was passed by the Senate on May | ||
24, 2011, by the following vote: Yeas 31, Nays 0 | ||
. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |