Texas-2017-HB4347-Introduced

	85R22749 JXC-F

	By: Wray	H.B. No. 4347

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Midlothian Municipal Management

District No. 3; providing authority to issue bonds; providing

authority to impose assessments, fees, or taxes.

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 3952 to read as follows:

CHAPTER 3952. MIDLOTHIAN MUNICIPAL MANAGEMENT DISTRICT NO. 3

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3952.001. 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 and consent application"

means the Development Agreement made between the city and Hawkins

Midlothian Development, LLC, and the Second Amended and Restated

Application for Consent to Create a Municipal Management District

submitted to the city by Hawkins Midlothian Development, LLC.

(5) "Director" means a board member.

(6) "District" means the Midlothian Municipal

Management District No. 3.

Sec. 3952.002. PRECONDITION. (a) In this section,

"finance plan" means a plan that includes a general description of

proposed improvement projects that will be financed by the

district, an estimate of the costs for the proposed improvement

projects, an estimate of the amount of the costs for the proposed

improvement projects that the district will pay directly or that

will be reimbursed to a developer of property in the district, and

the means of financing costs related to the planning, design,

construction, improvement, maintenance, and operation of the

proposed improvement projects.

(b) The district may not exercise any powers under this

chapter until:

(1) the development agreement and consent application

are executed and effective; and

(2) the finance plan is approved by the governing body

of the city.

Sec. 3952.003. CREATION AND NATURE OF DISTRICT. The

district is a special district created under Section 59, Article

XVI, Texas Constitution.

Sec. 3952.004. 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.

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. 3952.005. 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.

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. 3952.006. 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.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3952.051. 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. 3952.052. QUALIFICATIONS. (a) To be qualified to

serve as a director appointed by the governing body of the city, a

person must be:

(1) a resident of the city who is also a registered

voter of the city;

(2) an owner of property in the district; or

(3) an agent, employee, or tenant of a person

described by Subdivision (2).

(b) A person who is an agent, employee, or tenant of Hawkins

Midlothian Development, LLC, is not qualified to be appointed as a

director solely because the person is an agent, employee, or tenant

of that corporation if the corporation does not own property in the

district.

Sec. 3952.053. APPOINTMENT OF DIRECTORS. The governing

body of the city shall appoint directors from a list of names

recommended by the board as provided by Section 375.064, Local

Government Code.

Sec. 3952.054. 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. 3952.055. 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. 3952.056. 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. 3952.057. OFFICERS. The board shall elect from among

the directors a chair, a vice chair, and a secretary.

Sec. 3952.058. 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 $7,200 in a calendar year.

and reasonable expenses incurred in carrying out the duties and

responsibilities of the board.

Sec. 3952.059. 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. 3952.060. BOARD MEETINGS. The board shall hold

meetings at a place accessible to the public.

Sec. 3952.061. CONFLICTS OF INTEREST. Chapter 171, Local

Government Code, governs conflicts of interest of directors.

Sec. 3952.062. INITIAL DIRECTORS. (a) The initial board

consists of:

Pos. No.

Name of Director

Terrance Jobe

Tiffany Jobe

Jonathan Jobe

Tiffany Roath

Travis Hudson

(b) The governing body of the city shall stagger the initial

directors' terms, with two or three directors' terms expiring May

31, 2018. The remaining directors' terms must expire May 31, 2020.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3952.101. IMPROVEMENT PROJECTS. (a) The district may

provide, or it may enter into contracts with a governmental or

private entity to provide, the improvement projects described by

Subchapter D or activities in support of or incidental to those

projects.

(b) An improvement project authorized under this chapter

may be located inside or outside the district.

Sec. 3952.102. 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. 3952.103. 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 prescribed by,

Chapter 441, Transportation Code.

Sec. 3952.104. PUBLIC IMPROVEMENT DISTRICT POWERS. The

district has the powers provided by Subchapter A, Chapter 372,

Local Government Code, to a municipality or county.

Sec. 3952.105. MUNICIPAL MANAGEMENT DISTRICT POWERS. The

district has the powers provided by Chapter 375, Local Government

Code.

Sec. 3952.106. 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. 3952.107. NAME CHANGE; NOTICE. (a) The board by

resolution may change the district's name.

(b) The board shall give written notice of a name change to

the city.

Sec. 3952.108. 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. 3952.109. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

SUBCHAPTER D. IMPROVEMENT PROJECTS

Sec. 3952.151. 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;

(2) complies with the development agreement and

consent application or the parties to the development agreement and

consent application agree to the project or service, in writing;

and

(3) is authorized by an ordinance of the city that

consents to the creation of the district.

Sec. 3952.152. 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. 3952.153. 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. 3952.154. LAKE. For the purposes of this subchapter,

planning, design, construction, improvement, or maintenance of a

lake includes work done for drainage, reclamation, or recreation.

SUBCHAPTER E. CONTRACTS

Sec. 3952.201. GENERAL CONTRACT POWERS. The district may

contract with any person to accomplish any district purpose.

Sec. 3952.202. 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. 3952.203. 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. 3952.204. 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. 3952.205. NO FURTHER CONTRACT AUTHORIZATION REQUIRED.

Any person, including the city, may contract with the district to

carry out the purposes of this chapter without further statutory or

other kind of authorization.

SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS

Sec. 3952.251. DEVELOPMENT AGREEMENT AND CONSENT

APPLICATION 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 must

obtain from the city confirmation that the development agreement

and consent application are enforceable and no defaults are known.

Sec. 3952.252. 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. 3952.253. 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) a lease, installment purchase contract, or other

agreement; or

(2) any other revenue or resources of the district or

other revenue authorized by the city, including revenue from a tax

increment reinvestment zone created by the city.

Sec. 3952.254. ASSESSMENTS. (a) The district may impose an

assessment on property in the district, if the assessment is

authorized by an ordinance of the city, 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.

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. 3952.255. 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. 3952.256. 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. 3952.257. RESIDENTIAL PROPERTY NOT EXEMPT. Section

375.161, Local Government Code, does not apply to the district.

SUBCHAPTER G. TAXES AND BONDS

Sec. 3952.301. BONDS AND OTHER OBLIGATIONS. (a) The

district may issue, by competitive bid or negotiated sale, 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 evidencing a

proportionate interest in payments to be made by the district, or

other type of obligation.

Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local

Government Code, district bonds may be secured and made payable

wholly or partly by a pledge of any part of the money the district

receives from improvement revenue or from any other source.

(d) Sections 375.208, Local Government Code, and 49.181 and

49.182, Water Code, do not apply to the district.

Sec. 3952.302. BOND MATURITY. Bonds may mature not more

than 40 years from their date of issue.

Sec. 3952.303. TAXES FOR BONDS AND OTHER OBLIGATIONS. 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 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; and

(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.

Sec. 3952.304. ELECTION REQUIRED FOR TAXES OR BONDS. The

district must hold an election in the manner provided by Subchapter

L, Chapter 375, Local Government Code, to obtain voter approval

before the district may impose an ad valorem tax or issue bonds

payable from ad valorem taxes.

Sec. 3952.305. TAX RATE. The district's ad valorem tax rate

may not exceed 40 cents per $100 valuation.

Sec. 3952.306. ISSUER POWERS FOR CERTAIN PUBLIC

IMPROVEMENTS. The district may exercise any power of an issuer

under Chapter 1371, Government Code.

SUBCHAPTER H. DISSOLUTION

Sec. 3952.351. 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.

development agreement and consent application have 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. 3952.352. 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, 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. 3952.353. 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.

3 initially includes all the territory contained in the following

area:

LEGAL LAND DESCRIPTION

BEING 175.834 acres (7,659,336 square feet) in the

William W. Rawls Survey, Abstract No. 915, Benjamin F.

Hawkins Survey, Abstract Number 464, Marcellus T.

Hawkins Survey, Abstract No. 463, and John M. Garvin

Survey, Abstract No. 424, Ellis County, Texas; being a

175.834 acres (7,659,336 square feet) of land being

all of that certain tract of land described in a

Special Warranty Deed to Hawkins Midlothian

Development, LLC (hereinafter referred to as Hawkins

Midlothian Development tract), as recorded in

Instrument Number 1521607, Official Public Records,

Ellis County, Texas (O.P.R.E.C.T.); said 175.834 acres

(7,659,336 square feet) being more particularly

described, by metes and bounds, as follows:

BEGINNING at a 60D nail found for the Westerly

Southwest corner of said Hawkins Midlothian

Development tract, same being the existing Easterly

right-of-way line of F.M. Road 663 (80' right-of-way),

as recorded in Volume 387, Page 161, Deed Records,

Ellis County, Texas (D.R.E.C.T.), same also being the

North line of Lawson Farms - Phase One (hereinafter

referred to as Lawson Farms - Phase One), an addition

to the City of Midlothian, Ellis County, Texas,

according to the plat recorded in Cabinet G, Slide 388,

Plat Records, Ellis County, Texas, from which the

Northwest corner of Lot 20, Block 1 of said Lawson

Farms - Phase One bears North 89 degrees 45 minutes 57

seconds East, a distance of 13.69 feet;

THENCE North 05 degrees 16 minutes 20 seconds East,

departing the North line of said Lawson Farms - Phase

One and with the common line between said Hawkins

Midlothian Development tract and the existing Easterly

right-of-way line of said F.M. Road 663, a distance of

575.72 feet to a five-eighths inch iron rod found for

the Southerly corner of that certain tract of land

described in a Deed to the State of Texas for

right-of-way of said F.M. Road 663, as recorded in

Volume 1465, Page 1208, D.R.E.C.T.;

THENCE with the common line between the remainder of

said Hawkins Midlothian Development tract and the

existing Easterly right-of-way line of said F.M. Road

663 for the following 7 courses:

1. North 08 degrees 21 minutes 23 seconds East, a

distance of 200.25 feet to a fence post found for

corner;

2. North 06 degrees 48 minutes 13 seconds East, a

distance of 85.00 feet to a five-eighths inch iron rod

found for corner;

3. North 09 degrees 25 minutes 21 seconds East, a

distance of 85.00 feet to a five-eighths inch iron rod

found for corner;

4. North 12 degrees 02 minutes 28 seconds East, a

distance of 85.00 feet to a one-half inch iron rod with

plastic cap stamped "VOTEX" found for corner;

5. North 14 degrees 39 minutes 36 seconds East, at a

distance of 6.91 feet, pass a TxDOT monument found for

the Southeast corner that certain tract of land

described in a Deed to the State of Texas for

right-of-way of said F.M. Road 663, as recorded in

Volume 1747, Page 1109, D.R.E.C.T, and continue a

total distance of 85.00 feet to a one-half inch iron

rod with plastic cap stamped "VOTEX" found for corner;

6. North 17 degrees 16 minutes 43 seconds East, a

distance of 85.00 feet to a one-half inch iron rod with

plastic cap stamped "VOTEX" found for corner;

7. North 19 degrees 53 minutes 51 seconds East, a

distance of 52.97 feet to a one-half inch iron rod with

plastic cap stamped "VOTEX" found for corner, same

being the Westerly Northwest corner of said Hawkins

Midlothian Development tract and the Southwest corner

of the remainder of that certain tract of land

described in a deed to Wilbur L. Stephenson and Wife

Jo. M. Stephenson (hereinafter referred to as

Stephenson tract), as recorded in Volume 1866, Page

2280, D.R.E.C.T.;

THENCE South 68 degrees 03 minutes 05 seconds East,

departing the existing Easterly right-of-way line of

said F.M. Road 663 and with the common line between

said Hawkins Midlothian Development tract and the

remainder of said Stephenson tract, a distance of

337.59 feet to a one-half inch iron rod with plastic

cap stamped "VOTEX" found for the beginning of a curve

to the left, whose long chord bears South 79 degrees 19

minutes 22 seconds East, a distance of 390.93 feet;

THENCE Easterly continue with the common line between

said Hawkins Midlothian Development tract and the

remainder of said Stephenson tract and with said curve

to the left having a radius of 1000.00 feet, through a

central angle of 22 degrees 32 minutes 39 seconds, for

an arc distance of 393.47 feet to a one-half inch iron

rod with plastic cap stamped "VOTEX" found for the end

of said curve;

THENCE North 89 degrees 24 minutes 17 seconds East

continue with the common line between said Hawkins

Midlothian Development tract and the remainder of said

Stephenson tract and generally with a fence line, a

distance of 1149.39 feet to a fence post for an

inner-ell corner of said Hawkins Midlothian

Development tract;

THENCE North 01 degree 48 minutes 16 seconds West with

the common line between said Hawkins Midlothian

Development tract and said Stephenson tract, a

distance of 45.01 feet to a one-half inch iron rod with

plastic cap stamped "VOTEX" found for the Southwest

corner of that certain tract of land described in a

Special Warranty Deed to The Board of Trustees of the

Midlothian Independent School District (hereinafter

referred to as MISD tract), as recorded in Instrument

Number 1522030, O.P.R.E.C.T.;

THENCE North 89 degrees 23 minutes 54 seconds East,

departing the Easterly line of said Stephenson tract

and with the common line between said Hawkins

Midlothian Development tract and said MISD tract, a

distance of 474.84 feet to a one-half inch iron rod

with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"

found for the Southerly Southeast corner of said MISD

tract;

THENCE North 44 degrees 18 minutes 23 seconds East

continue with the common line between said Hawkins

Midlothian Development tract and said Hawkins Meadow

tract, a distance of 63.58 feet to a one-half inch iron

rod with yellow plastic cap stamped "VOTEX R.P.L.S.

4813" found for the Easterly Southeast corner of said

Hawkins Meadow tract;

THENCE North 00 degrees 47 minutes 14 seconds West,

continue with the common line between said Hawkins

Midlothian Development tract and said MISD tract, a

distance of 1004.02 feet to a one-half inch iron rod

with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"

found for the Northeast corner of said MISD tract;

THENCE South 88 degrees 44 minutes 42 seconds West

continue with the common line between said Midlothian

Development tract and said MISD tract, a distance of

30.26 feet to a three-quarter inch iron rod found for

an angle point on the West line of said Hawkins

Midlothian Development tract;

THENCE North 01 degree 36 minutes 49 seconds West,

departing the North line of said MISD tract and with

the West line of said Hawkins Midlothian Development

tract, a distance of 574.65 feet to a three-quarters

inch pipe found for the Northwest corner of said

Hawkins Midlothian Development tract;

THENCE South 89 degrees 25 minutes 31 seconds East with

a Nand the existing South right-of-way line of said Mt.

Zion Road, a distance of 56.72 feet to a one-half inch

iron rod with yellow plastic cap stamped "VOTEX

R.P.L.S. 4813" found for the beginning of a

non-tangent curve to the left, whose long chord bears

South 14 degrees 42 minutes 34 seconds East, a distance

of 103.35 feet;

THENCE with a Northerly line of said Hawkins

Midlothian Development tract for the following 6

courses:

1. Southerly, departing the existing South

right-of-way line of said Mt. Zion Road and with said

non-tangent curve to the left having a radius of

1000.00 feet, through a central angle of 5 degrees 55

minutes 26 seconds, for an arc distance of 103.39 feet

to a one-half inch iron rod with yellow plastic cap

stamped "VOTEX R.P.L.S. 4813" found for the beginning

of a reverse curve whose long chord bears South 09

degrees 34 minutes 03 seconds East, a distance of

307.31 feet;

2. Southerly with said reverse curve having a radius

of 1090.00 feet, through a central angle of 16 degrees

12 minutes 28 seconds, for an arc distance of 308.34

feet to a one-half inch iron rod with yellow plastic

cap stamped "VOTEX R.P.L.S. 4813" found for corner;

3. North 88 degrees 57 minutes 58 seconds East, a

distance of 170.22 feet to a one-half inch iron rod

with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"

found for corner;

4. North 00 degrees 18 minutes 59 seconds West, a

distance of 255.12 feet to a one-half inch iron rod

with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"

found for corner;

5. South 89 degrees 41 minutes 01 second West, a

distance of 113.27 feet to a one-half inch iron rod

with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"

found for corner;

6. North 00 degrees 18 minutes 59 seconds West, a

distance of 139.90 feet to a one-half inch iron rod

with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"

found for the existing South right-of-way line of said

Mt. Zion Road, same being the beginning of a

non-tangent curve to the right, whose long chord bears

South 74 degrees 38 minutes 51 seconds East, a distance

of 227.69 feet;

THENCE Easterly with the common line between said

Hawkins Midlothian Development tract and the existing

South right-of-way line of Mt. Zion Road and with said

non-tangent curve to the right having a radius of

755.00 feet, through a central angle of 17 degrees 20

minutes 43 seconds, for an arc distance of 228.56 feet

to a five-eighths inch iron rod with plastic cap

stamped "RPLS 4838" set for corner;

THENCE South 67 degrees 58 minutes 31 seconds East

continue with the common line between said Hawkins

Midlothian Development tract and the existing South

right-of-way line of Mt. Zion Road, a distance of

460.94 feet to a five-eighths inch iron rod with

plastic cap stamped "RPLS 4838" set for the beginning

of a curve to the left, whose long chord bears South 68

degrees 55 minutes 06 seconds East, a distance of 86.66

feet;

THENCE Southeasterly continue with the common line

between said Hawkins Midlothian Development tract and

the existing South right-of-way line of Mt. Zion Road

and with said curve to the left having a radius of

842.75 feet, through a central angle of 5 degrees 53

minutes 40 seconds, for an arc distance of 86.70 feet

to a five-eighths inch iron rod with plastic cap

stamped "RPLS 4838" set for the Northerly Northeast

corner of said Hawkins Midlothian Development tract;

THENCE South 00 degrees 13 minutes 36 seconds West with

an Easterly line of said Hawkins Midlothian

Development tract, passing at a distance of 9.50 feet,

the Northwest corner of that certain tract of land

described in a General Warranty Deed to Midlothian

Economic Development (hereinafter referred to as

Midlothian Economic Development tract), as recorded in

Instrument Number 1517886, O.P.R.E.C.T. and continue

with said course and the common line between said

Hawkins Midlothian Development tract and Midlothian

Economic Development tract for a total distance of

241.18 feet to a one inch iron pipe found for an

inner-ell corner of said Hawkins Midlothian

Development tract, same being the Southwest corner of

said Midlothian Economic Development tract;

THENCE South 89 degrees 55 minutes 29 seconds East

continue with the common line between said Hawkins

Midlothian Development tract and said Midlothian

Economic Development tract, a distance of 188.11 feet

to a five-eighths inch iron rod found for an angle

point in a Northerly line of said Hawkins Midlothian

Development tract, same being the Southeasterly corner

of said Midlothian Economic Development tract;

THENCE North 89 degrees 29 minutes 47 seconds East with

a Northerly line of said Hawkins Midlothian

Development tract, passing at a distance of 93.18

feet, the Southwest corner of that certain tract of

land described in a deed to Christina Marie Luther

(hereinafter referred to as Luther tract), as recorded

in Volume 1652, Page 287, O.P.R.E.C.T. and continue

with said course and the common line between said

Hawkins Midlothian Development tract and said Luther

tract for a total distance of 380.22 feet to a fence

post found for the Easterly Northeast corner of said

Hawkins Midlothian Development tract, same being the

Southeast corner of said Luther tract;

THENCE South 02 degrees 37 minutes 04 seconds East with

the East line of said Hawkins Midlothian Development

tract, passing at a distance of 155.04 feet, the

Northwest corner of that certain tract of land

described in a General Warranty Deed with Third Party

Vendor's Lien to Lee Morgan Whitehead and wife, Deborah

Lei Whitehead (hereinafter referred to as Whitehead

tract), as recorded in Volume 2555, Page 1721,

O.P.R.E.C.T. and continue with said course and the

common line between said Hawkins Midlothian

Development tract and said Whitehead tract for a total

distance of 675.55 feet to a five-eighths inch pipe

found for the Easterly Southeast corner of said

Hawkins Midlothian Development tract, same being the

Southwest corner of said Whitehead tract, same being

the North line of that certain tract of land described

in a deed to Billy Ray Brandon (hereinafter referred to

as Brandon tract), as recorded in Volume 548, Page 79,

Deed Records, Ellis County, Texas (D.R.E.C.T.);

THENCE South 89 degrees 36 minutes 52 seconds West with

the common line between said Hawkins Midlothian

Development tract and said Brandon tract, a distance

of 571.25 feet to a five-eighths inch iron pipe found

for an inner-ell corner of said Hawkins Midlothian

Development tract, same being the Northwest corner of

said Brandon tract;

THENCE South 01 degree 30 minutes 18 seconds East

continue with the common line between said Hawkins

Midlothian Development tract and said Brandon tract,

passing at a distance of 660.17 feet, the Southwest

corner of said Brandon tract, same being the Northwest

corner of that certain tract of land described in a

Warranty Deed to City of Midlothian (hereinafter

referred to as City of Midlothian tract), as recorded

in Volume 2540, Page 2088, D.R.E.C.T. and continue

with said course and the common line between said

Hawkins Midlothian Development tract and said City of

Midlothian tract, passing at a distance of 1980.54

feet, the Southwest corner of said City of Midlothian

tract, same being the Northerly Northwest corner of

that certain tract of land described as Lakegrove

(hereinafter referred to as Lakegrove), an addition to

Ellis County, Texas, according to the plat recorded in

Cabinet A, Page 753, P.R.E.C.T. and continue with said

course for a total distance of 3388.12 feet to a fence

post found for the Southeast corner of said Hawkins

Midlothian Development tract, same being an inner-ell

corner of said Lakegrove;

THENCE South 88 degrees 56 minutes 48 seconds West

continue with the common line between said Hawkins

Midlothian Development tract and said Lakegrove,

passing at a distance of 361.12 feet, the Westerly

Northwest corner of said Lakegrove, same being the

Northeast corner of that certain tract of land

described in a deed to the City of Midlothian

(hereinafter referred to as City of Midlothian 2

tract), as recorded in Volume 2540, Page 1952,

D.R.E.C.T., and continue with said course and the

common line between said Hawkins Midlothian

Development tract and said City of Midlothian 2 tract

for a total distance of 452.58 feet to a five-eighths

inch iron rod with plastic cap stamped "RPLS 4838" set

for corner;

THENCE South 86 degrees 33 minutes 50 seconds West,

continue with the common line between said Hawkins

Midlothian Development tract and said City of

Midlothian 2 tract, a distance of 380.52 feet to a

one-half inch iron rod found for the Southerly

Southwest corner of said Hawkins Midlothian

Development tract;

THENCE North 01 degree 50 minutes 27 seconds East,

continue with the common line between said Hawkins

Midlothian Development tract and said City of

Midlothian 2 tract, a distance of 562.86 feet to a

one-half inch iron rod found for corner;

THENCE South 89 degrees 50 minutes 48 seconds West,

continue with the common line between said Hawkins

Midlothian Development tract and said City of

Midlothian 2 tract, passing at a distance of 456.78

feet, the Northeast corner of Lot 32, Block 2 of that

certain tract of land described as Lawson Farms - Phase

2A (hereinafter referred to as Lawson Farms - Phase

2A), an addition to the City of Midlothian, Ellis

County, Texas, according to the plat recorded in

Cabinet H, Page 252, P.R.E.C.T., and continue with

said course and with the common line between said

Hawkins Midlothian Development tract and said Lawson

Farms - Phase 2A, a total distance of 620.49 feet to a

one-half inch iron rod found for corner;

THENCE North 00 degrees 20 minutes 17 seconds West

continue with the common line between said Hawkins

Midlothian Development tract and said Lawson Farms -

Phase 2A, passing at a distance of 154.34 feet, a

Northerly corner of said Lawson Farms - Phase 2A, same

being the Southeast corner of the remainder of that

certain tract of land described in a deed to SKJ Lawson

Farms Development, L.P., (hereinafter referred to as

SKJ Lawson Farms Development tract), as recorded in

Volume 2005, Page 2309, O.P.R.E.C.T. and continue with

said course and the common line between said Hawkins

Midlothian Development tract and the remainder of said

SKJ Lawson Farms Development tract for a total

distance of 1330.40 feet to a one-half inch iron rod

found for an inner-ell corner of said Hawkins

Midlothian Development tract, same being the Northeast

corner of said SKJ Lawson Farms Development tract;

THENCE South 89 degrees 45 minutes 57 seconds West with

the common line between said Hawkins Midlothian

Development tract and said SKJ Lawson Farms

Development tract, passing at a distance of 1209.51

feet, a one-half inch iron rod found for the Northeast

corner of the aforesaid Lawson Farms - Phase One and

continue with said course and the common line between

said Hawkins Midlothian Development tract and said

Lawson Farms - Phase One, for a total distance of

2082.59 feet to the PLACE OF BEGINNING, and containing

a calculated area of 175.834 acres (7,659,336 square

feet) of land.

SAVE AND EXCEPT

LEGAL LAND DESCRIPTION:

BEING 4.339 acres or (188,987 square feet) in the

Marcellus T. Hawkins Survey, Abstract No. 463 and

Benjamin F. Hawkins Survey, Abstract No. 464, Ellis

County, Texas; said 4.339 acres or (188,987 square

feet) of land being all of that certain tract of land

described in a Correction Warranty Deed to James

Marcus Pitts, as recorded in Volume 2132, Page 442,

Official Public Records, Ellis County, Texas

(O.P.R.E.C.T.); said 4.339 acres or (188,987 square

feet) of land being all of that certain tract of land

described as SAVE AND EXCEPT TRACT in a Special

Warranty Deed to Hawkins Midlothian Development, LLC

(hereinafter referred to as SAVE AND EXCEPT TRACT), as

recorded in Instrument Number 1521607, O.P.R.E.C.T.;

said 4.339 acres or (188,987 square feet) being more

particularly described, by metes and bounds, as

follows:

BEGINNING at a three-quarters inch iron rod found for

the Northwest corner of said SAVE AND EXCEPT TRACT,

same being an inner-ell corner of that certain tract of

land described in a Special Warranty Deed to Hawkins

Midlothian Development, LLC (hereinafter referred to

as Hawkins Midlothian Development tract), as recorded

in Instrument Number 1521607, O.P.R.E.C.T.;

THENCE North 89 degrees 47 minutes 57 seconds East with

the common line between said SAVE AND EXCEPT TRACT and

said Hawkins Midlothian Development tract, a distance

of 477.86 feet to a three-eighths inch iron rod found

for the Northeast corner of said SAVE AND EXCEPT TRACT,

same being an inner-ell corner of said Hawkins

Midlothian Development tract;

THENCE South 02 degrees 32 minutes 45 seconds West

continue with the common line between said SAVE AND

EXCEPT TRACT and said Hawkins Midlothian Development

tract, a distance of 399.01 feet to a one-half inch

iron rod found for the Southeast corner of said SAVE

AND EXCEPT TRACT, same being an inner-ell corner of

said Hawkins Midlothian Development tract;

THENCE South 87 degrees 30 minutes 51 seconds West

continue with the common line between said SAVE AND

EXCEPT TRACT and said Hawkins Midlothian Development

tract, a distance of 450.20 feet to a five-eighths inch

iron rod with plastic cap stamped "RPLS 4838" set for

the Southwest corner of said SAVE AND EXCEPT TRACT,

same being an inner-ell corner of said Hawkins

Midlothian Development tract;

THENCE North 01 degree 25 minutes 30 seconds West

continue with the common line between said SAVE AND

EXCEPT TRACT and said Hawkins Midlothian Development

tract, a distance of 416.60 feet to the PLACE OF

BEGINNING, and containing a calculated area of 4.339

acres or (188,987 square feet) of land.

LEAVING A NET ACREAGE OF 171.496 ACRES or (7,470,349

SQUARE FEET).

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

introduce this Act, setting forth the general substance of this

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

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

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

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

Government Code.

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

submitted the notice and Act to the Texas Commission on

Environmental Quality.

its recommendations relating to this Act with the governor,

lieutenant governor, and speaker of the house of representatives

within the required time.

(d) The general law relating to consent by political

subdivisions to the creation of districts with conservation,

reclamation, and road powers and the inclusion of land in those

districts has been complied with.

(e) 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, 2017.