Bill Text: TX HB518 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the creation of the Windsor Hills Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments and fees.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB518 Detail]
Download: Texas-2013-HB518-Enrolled.html
| H.B. No. 518 | ||
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| relating to the creation of the Windsor Hills Municipal Management | ||
| District No. 1; providing authority to issue bonds; providing | ||
| authority to impose assessments and fees. | ||
| 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 3907A to read as follows: | ||
| CHAPTER 3907A. WINDSOR HILLS MUNICIPAL MANAGEMENT DISTRICT NO. 1 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 3907A.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "City" means the City of Midlothian, Texas. | ||
| (3) "Development agreement" means a development | ||
| agreement between the city and One Windsor Hills, L.P., that | ||
| establishes the standards that apply to development in the | ||
| district, in addition to those contained in zoning, subdivision, | ||
| and other applicable ordinances of the city. | ||
| (4) "Director" means a board member. | ||
| (5) "District" means the Windsor Hills Municipal | ||
| Management District No. 1. | ||
| (6) "Finance plan" means a finance plan between the | ||
| city and the district that includes a general description of | ||
| improvement projects or services that will be financed by the | ||
| district, an estimate of the costs for the improvement projects or | ||
| services, an estimate of the amount of the costs for the improvement | ||
| projects or services that the district will pay directly or that | ||
| will be reimbursed to the developer, and the means of financing | ||
| costs related to the planning, design, construction, improvement, | ||
| maintenance, and operation of the improvement projects or services. | ||
| Sec. 3907A.002. PRECONDITION; EXPIRATION. (a) The district | ||
| may not exercise any powers under this chapter until the | ||
| development agreement is executed. | ||
| (b) This chapter, including Section 3907A.061, expires | ||
| September 1, 2015, if the development agreement and finance plan | ||
| are not executed by that date. | ||
| Sec. 3907A.003. CREATION AND NATURE OF DISTRICT. The | ||
| district is a special district created under Sections 52 and 52-a, | ||
| Article III, and Section 59, Article XVI, Texas Constitution. | ||
| Sec. 3907A.004. PURPOSE; LEGISLATIVE FINDINGS. (a) The | ||
| creation of the district is essential to accomplish the purposes of | ||
| Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
| Texas Constitution, and other public purposes stated in this | ||
| chapter. By creating the district and in authorizing the city and | ||
| other political subdivisions to contract with the district, the | ||
| legislature has established a program to accomplish the public | ||
| purposes set out in Section 52-a, Article III, Texas Constitution. | ||
| (b) The creation of the district is necessary to promote, | ||
| develop, encourage, and maintain employment, commerce, | ||
| transportation, housing, tourism, recreation, the arts, | ||
| entertainment, economic development, safety, and the public | ||
| welfare in the district. | ||
| (c) This chapter and the creation of the district may not be | ||
| interpreted to relieve the city from providing the level of | ||
| services provided to the area in the district as of the effective | ||
| date of the Act enacting this chapter. The district is created to | ||
| supplement and not to supplant the city services provided in the | ||
| district. | ||
| Sec. 3907A.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | ||
| (a) The district is created to serve a public use and benefit. | ||
| (b) All land and other property included in the district | ||
| will benefit from the improvements and services to be provided by | ||
| the district under powers conferred by Sections 52 and 52-a, | ||
| Article III, and Section 59, Article XVI, Texas Constitution, and | ||
| other powers granted under this chapter. | ||
| (c) The district is created to accomplish the purposes of a | ||
| municipal management district as provided by general law and | ||
| Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
| Texas Constitution. | ||
| (d) The creation of the district is in the public interest | ||
| and is essential to: | ||
| (1) further the public purposes of developing and | ||
| diversifying the economy of the state; | ||
| (2) eliminate unemployment and underemployment; and | ||
| (3) develop or expand transportation and commerce. | ||
| (e) The district will: | ||
| (1) promote the health, safety, and general welfare of | ||
| residents, employers, potential employees, employees, visitors, | ||
| and consumers in the district, and of the public; | ||
| (2) provide needed funding for the district to | ||
| preserve, maintain, and enhance the economic health and vitality of | ||
| the district territory as a community and business center; and | ||
| (3) promote the health, safety, welfare, and enjoyment | ||
| of the public by providing pedestrian ways and by landscaping and | ||
| developing certain areas in the district, which are necessary for | ||
| the restoration, preservation, and enhancement of scenic beauty. | ||
| (f) Pedestrian ways along or across a street, whether at | ||
| grade or above or below the surface, and street lighting, street | ||
| landscaping, parking, and street art objects are parts of and | ||
| necessary components of a street and are considered to be a street | ||
| or road improvement. | ||
| (g) The district will not act as the agent or | ||
| instrumentality of any private interest even though the district | ||
| will benefit many private interests as well as the public. | ||
| Sec. 3907A.006. DISTRICT TERRITORY. (a) The district is | ||
| composed of the territory described by Section 2 of the Act enacting | ||
| this chapter, as that territory may have been modified under other | ||
| law. | ||
| (b) The boundaries and field notes contained in Section 2 of | ||
| the Act enacting this chapter form a closure. A mistake in the | ||
| field notes or in copying the field notes in the legislative process | ||
| does not affect the district's: | ||
| (1) organization, existence, or validity; | ||
| (2) right to contract; | ||
| (3) authority to borrow money or issue bonds or other | ||
| obligations described by Section 3907A.201 or to pay the principal | ||
| and interest of the bonds or other obligations; | ||
| (4) right to impose or collect an assessment, or | ||
| collect other revenue; or | ||
| (5) legality or operation. | ||
| Sec. 3907A.007. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||
| (a) All or any part of the area of the district is eligible to be | ||
| included in: | ||
| (1) a tax increment reinvestment zone created under | ||
| Chapter 311, Tax Code; or | ||
| (2) a tax abatement reinvestment zone created under | ||
| Chapter 312, Tax Code. | ||
| (b) A tax increment reinvestment zone created by the city in | ||
| the district is not subject to the limitations provided by Section | ||
| 311.006, Tax Code. | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 3907A.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. 3907A.052. QUALIFICATIONS. (a) To be qualified to | ||
| serve as a director appointed by the governing body of the city, a | ||
| person must be: | ||
| (1) a resident of the city who is also a registered | ||
| voter of the city; | ||
| (2) an owner of property in the district; or | ||
| (3) an agent, employee, or tenant of a person | ||
| described by Subdivision (2). | ||
| (b) Section 49.052, Water Code, does not apply to the | ||
| district. | ||
| Sec. 3907A.053. APPOINTMENT OF DIRECTORS. The governing | ||
| body of the city shall appoint directors. | ||
| Sec. 3907A.054. EX OFFICIO DIRECTORS. (a) The following | ||
| persons serve ex officio as nonvoting directors: | ||
| (1) the city manager of the city; and | ||
| (2) the chief financial officer of the city. | ||
| (b) An ex officio director is entitled to speak on a matter | ||
| before the board. | ||
| Sec. 3907A.055. VACANCY. The governing body of the city | ||
| shall fill a vacancy on the board by appointing a person who meets | ||
| the qualifications prescribed by Section 3907A.052. | ||
| Sec. 3907A.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. 3907A.057. OFFICERS. The board shall elect from among | ||
| the directors a chair, a vice chair, and a secretary. | ||
| Sec. 3907A.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. 3907A.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. 3907A.060. BOARD MEETINGS. The board shall hold | ||
| meetings at a place accessible to the public. | ||
| Sec. 3907A.061. INITIAL DIRECTORS. (a) The governing body | ||
| of the city shall appoint the initial directors immediately after | ||
| the effective date of the Act enacting this chapter. | ||
| (b) The governing body shall stagger the terms, with two or | ||
| three directors' terms expiring May 31, 2014, and the remaining | ||
| directors' terms expiring May 31, 2016. | ||
| (c) The term of an initial director does not begin until the | ||
| development agreement and finance plan are executed. | ||
| (d) This section expires September 1, 2018. | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 3907A.101. GENERAL POWERS AND DUTIES. The district | ||
| has the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 3907A.102. IMPROVEMENT PROJECTS. The district may | ||
| provide, or it may enter into contracts with a governmental or | ||
| private entity to provide, the improvement projects described by | ||
| Subchapter C-1 or activities in support of or incidental to those | ||
| projects. | ||
| Sec. 3907A.103. WATER DISTRICT POWERS. The district has | ||
| the powers provided by the general laws relating to conservation | ||
| and reclamation districts created under Section 59, Article XVI, | ||
| Texas Constitution, including Chapters 49 and 54, Water Code. | ||
| Sec. 3907A.104. ROAD DISTRICT POWERS. The district has the | ||
| powers provided by the general laws relating to road districts and | ||
| road utility districts created under Section 52(b), Article III, | ||
| Texas Constitution, including Chapters 365 and 441, Transportation | ||
| Code. | ||
| Sec. 3907A.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The | ||
| district has the powers provided by Chapter 372, Local Government | ||
| Code, to a municipality or county. | ||
| Sec. 3907A.106. MUNICIPAL MANAGEMENT DISTRICT POWERS. The | ||
| district has the powers provided by Chapter 375, Local Government | ||
| Code. | ||
| Sec. 3907A.107. CONTRACT POWERS. The district may contract | ||
| with a governmental or private entity, on terms determined by the | ||
| board, to carry out a power or duty authorized by this chapter or to | ||
| accomplish a purpose for which the district is created. | ||
| Sec. 3907A.108. PARKING FACILITIES. (a) The district may | ||
| acquire, lease as lessor or lessee, construct, develop, own, | ||
| operate, and maintain parking facilities or a system of parking | ||
| facilities, including lots, garages, parking terminals, or other | ||
| structures or accommodations for parking motor vehicles off the | ||
| streets and related appurtenances. | ||
| (b) The district's parking facilities serve the public | ||
| purposes of the district and are owned, used, and held for a public | ||
| purpose even if leased or operated by a private entity for a term of | ||
| years. | ||
| (c) The district's parking facilities are necessary | ||
| components of a street and are considered to be a street or road | ||
| improvement. | ||
| (d) The development and operation of the district's parking | ||
| facilities may be considered an economic development program. | ||
| Sec. 3907A.109. NO EMINENT DOMAIN POWER. The district may | ||
| not exercise the power of eminent domain. | ||
| Sec. 3907A.110. NO TOLL ROADS. The district may not | ||
| construct, acquire, maintain, or operate a toll road. | ||
| SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES | ||
| Sec. 3907A.151. IMPROVEMENT PROJECTS AND SERVICES. The | ||
| district may provide, design, construct, acquire, improve, | ||
| relocate, operate, maintain, or finance an improvement project or | ||
| service using money available to the district, or contract with a | ||
| governmental or private entity to provide, design, construct, | ||
| acquire, improve, relocate, operate, maintain, or finance an | ||
| improvement project or service authorized under this chapter or | ||
| Chapter 375, Local Government Code. | ||
| Sec. 3907A.152. BOARD DETERMINATION REQUIRED. The district | ||
| may not undertake an improvement project or service unless the | ||
| board determines the project or service: | ||
| (1) is necessary to accomplish a public purpose of the | ||
| district; and | ||
| (2) complies with the development agreement or the | ||
| parties to the development agreement agree to the project or | ||
| service, in writing. | ||
| Sec. 3907A.153. IMPROVEMENT PROJECT AND SERVICE IN | ||
| DEFINABLE AREA. The district may undertake an improvement project | ||
| or service that confers a special benefit on a definable area in the | ||
| district and levy and collect a special assessment on benefited | ||
| property in the district in accordance with: | ||
| (1) Chapter 372, Local Government Code; | ||
| (2) Chapter 375, Local Government Code; or | ||
| (3) both chapters. | ||
| Sec. 3907A.154. CONTRACTS. A contract to design, | ||
| construct, acquire, improve, relocate, operate, maintain, or | ||
| finance an improvement project is considered a contract for a good | ||
| or service under Subchapter I, Chapter 271, Local Government Code. | ||
| SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
| Sec. 3907A.201. BORROWING MONEY; OBLIGATIONS. (a) The | ||
| district may borrow money for a district purpose by issuing bonds, | ||
| notes, time warrants, or other obligations, or by entering into a | ||
| contract payable wholly or partly from an assessment, a contract | ||
| payment, a grant, district revenue, or a combination of these | ||
| sources. | ||
| (b) An obligation described by Subsection (a): | ||
| (1) may bear interest at a rate determined by the | ||
| board; and | ||
| (2) may include a term or condition as determined by | ||
| the board. | ||
| Sec. 3907A.202. COMPLIANCE WITH DEVELOPMENT AGREEMENT AND | ||
| FINANCE PLAN. Before the district issues, enters into, or pays an | ||
| obligation under Section 3907A.201: | ||
| (1) the obligation must be authorized by the finance | ||
| plan; and | ||
| (2) the city must provide written notice to the | ||
| district that no party to the development agreement is in default as | ||
| of the date the district is authorized to issue or enter into the | ||
| obligation. | ||
| Sec. 3907A.203. ISSUER POWERS FOR CERTAIN PUBLIC | ||
| IMPROVEMENTS. The district may exercise any power of an issuer | ||
| under Chapter 1371, Government Code. | ||
| Sec. 3907A.204. ASSESSMENTS. The district may impose an | ||
| assessment on property in the district to pay for an obligation | ||
| described by Section 3907A.201 in the manner provided for: | ||
| (1) a district under Subchapters A, E, and F, Chapter | ||
| 375, Local Government Code; or | ||
| (2) a municipality or county under Subchapter A, | ||
| Chapter 372, Local Government Code. | ||
| Sec. 3907A.205. TAX AND ASSESSMENT ABATEMENTS. The district | ||
| may designate reinvestment zones and may grant abatements of a tax | ||
| or assessment on property in the zones. | ||
| Sec. 3907A.206. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||
| board by resolution shall establish the number of directors' | ||
| signatures and the procedure required for a disbursement or | ||
| transfer of the district's money. | ||
| Sec. 3907A.207. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||
| 375.161, Local Government Code, does not apply to the district. | ||
| Sec. 3907A.208. NO AD VALOREM TAX. The district may not | ||
| impose an ad valorem tax. | ||
| SUBCHAPTER E. DISSOLUTION | ||
| Sec. 3907A.251. DISSOLUTION BY CITY ORDINANCE. (a) The | ||
| governing body of the city may dissolve the district by ordinance. | ||
| (b) The governing body may not dissolve the district until: | ||
| (1) the district's outstanding debt or other | ||
| obligations have been repaid, assumed, or discharged, including the | ||
| defeasance of any outstanding bonds or other obligations through | ||
| the issuance of debt by the city; and | ||
| (2) each party to the development agreement and the | ||
| finance plan fulfills the party's obligations under the agreement | ||
| and the plan, including a district obligation to reimburse a | ||
| developer or owner for the costs of an improvement project or | ||
| service. | ||
| Sec. 3907A.252. COLLECTION OF ASSESSMENTS AND OTHER | ||
| REVENUE. If the governing body of the city dissolves the district | ||
| and assumes the outstanding bonds or other obligations of the | ||
| district secured by and payable from assessments or other revenue: | ||
| (1) the city shall, in the same manner as the district, | ||
| enforce and collect the assessments or other revenue to pay: | ||
| (A) the bonds or other obligations when due and | ||
| payable; or | ||
| (B) special revenue or assessment bonds or other | ||
| obligations issued by the city to refund the outstanding bonds or | ||
| obligations of the district; and | ||
| (2) the board shall transfer ownership of all district | ||
| property to the city. | ||
| SECTION 2. The Windsor Hills Municipal Management District | ||
| No. 1 initially includes all the territory contained in the | ||
| following area: | ||
| TRACT ONE | ||
| BEING a tract of land out of the JOSEPH STEWART Survey, | ||
| Abstract Number 961, M.E.P. & P.R.R. COMPANY Survey, Abstract | ||
| Number 761, JAMES JONES Survey, Abstract Number 583, ALLEN REEVES | ||
| Survey, Abstract Number 939 and the B.F. BERRY Survey, Abstract | ||
| Number 1547 and being part of a tract of land described to One | ||
| Windsor Hills L.P. as recorded in Volume 2199, Page 2425, Volume | ||
| 2181, Page 1640 and Volume 2206, Page 1415, Deed Records, Ellis | ||
| County, Texas, and being more particularly described by metes and | ||
| bounds as follows: | ||
| BEGINNING at the northwesterly corner of a tract of land | ||
| described to One Windsor Hills L.P. in Volume 2206, Page 1415, Deed | ||
| Records, Ellis County, Texas, and the southwesterly corner of a | ||
| tract of land described to Suburban Residential, L.P. as recorded | ||
| in Volume 2061, Page 1487, Deed Records, Ellis County, Texas, said | ||
| point also being in the easterly right-of-way of U.S. Highway | ||
| Number 287 (a variable width right-of-way). | ||
| THENCE North 59°34'56" East along said common line and | ||
| departing said east right-of-way line passing at a distance of | ||
| 223.98 feet the easterly line of said Suburban Residential, L.P. | ||
| tract and the westerly line of said tract of land described to One | ||
| Windsor Hills, L.P. in Volume 2181, Page 1640 in all a total | ||
| distance of 2878.85 feet to a point for corner; | ||
| THENCE North 30°22'31" West, a distance of 623.90 feet to a | ||
| point for corner; | ||
| THENCE North 81°43'06" East, a distance of 488.08 feet to a | ||
| point for corner; | ||
| THENCE North 72°00'40" East, a distance of 320.19 feet to a | ||
| point for corner; | ||
| THENCE North 71°30'14" East, a distance of 275.16 feet to a | ||
| point for corner; | ||
| THENCE North 60°21'33" East, a distance of 306.11 feet to a | ||
| point for corner; | ||
| THENCE North 60°52'42" East, a distance of 324.51 feet to a | ||
| point for corner; | ||
| THENCE North 62°51'56" East, a distance of 737.24 feet to a | ||
| point for corner; | ||
| THENCE North 77°31'00" East, a distance of 184.84 feet to a | ||
| point for corner; | ||
| THENCE South 54°36'52" East, a distance of 94.36 feet to a | ||
| point for corner; | ||
| THENCE South 45°11'54" East, a distance of 143.80 feet to a | ||
| point for corner; | ||
| THENCE North 00°06'23" East, a distance of 2809.23 feet to a | ||
| point for corner, said point being at the beginning of tangent curve | ||
| to the right whose chord bears North 04°50'09" East, and a chord | ||
| length of 454.89; | ||
| THENCE in a northeasterly direction with said curve to the | ||
| right having a central angle 09°5305", with a radius of 2640.00 | ||
| feet, an arc length of 455.45 feet to a point for corner, said point | ||
| being in the northeasterly line of said tract of land described to | ||
| One Windsor Hills, L.P. in Volume 2199, Page 2425, and southerly | ||
| line of a tract of land described to JAS Holdings, L.L.C. as | ||
| recorded in Volume 2051, Page 2082, Deed Records, Ellis County, | ||
| Texas; | ||
| THENCE North 88°55'17" East, along said common line a distance | ||
| of 627.82 feet to a point for corner; | ||
| THENCE South 01°20'17" East continuing along said common line | ||
| a distance of 491.92 feet to a point for corner; | ||
| THENCE North 87°52'20' East continuing along said common line | ||
| a distance of 765.58 feet to a point for corner; | ||
| THENCE North 89°07'31" East continuing along said common line | ||
| a distance of 1045.64 feet to a point for corner said point being in | ||
| the apparent westerly line of Quarry Road (a variable width | ||
| right-of-way); | ||
| THENCE along said Quarry Road the following calls: South | ||
| 00°31'02" East, a distance of 2176.51 feet to a point for corner; | ||
| South 00°12'55" West, a distance of 619.03 feet to a point for | ||
| corner; South 00°11'45" West, a distance of 2361.69 feet to a point | ||
| for corner, said point being the northerly line of a tract of land | ||
| described to Fulson Midlothian Partners L.P., in Volume 2220, Page | ||
| 0194, Deed Records, Ellis County, Texas; | ||
| THENCE South 73°40'45" West, departing said Quarry Road, a | ||
| distance of 1024.70 feet to a point for corner, said point being in | ||
| the easterly line of said tract of land described to One Windsor | ||
| Hills, L.P. in Volume 2206, Page 1415, and the northerly line of | ||
| said Fulson Midlothian Partners L.P. tract; | ||
| THENCE South 30°37'38" East, continuing along said common | ||
| line a distance of 350.99 feet to a point for corner; | ||
| THENCE South 59°15'58" West, continuing along said common | ||
| line a distance of 3738.60 feet to a point for corner; | ||
| THENCE South 00°20'54" West, continuing along said common | ||
| line a distance of 423.54 feet to a point for corner, said point | ||
| being in the said northerly right-of-way line of U.S. Highway | ||
| Number 287; | ||
| THENCE along said northerly right-of-way line of U.S. Highway | ||
| Number 287 the following calls: North 63°06'06" West, a distance of | ||
| 291.86 feet to a point for corner; North 59°56'14" West, a distance | ||
| of 490.32 feet to a point for corner; North 57°00'04" West, a | ||
| distance of 447.27 feet to a point for corner; North 56°34'07" West, | ||
| a distance of 486.37 feet to a point for corner; North 50°47'17" | ||
| West, a distance of 387.41 feet to a point for corner; North | ||
| 49°12'36" West, a distance of 604.08 feet to a point for corner; | ||
| North 48°29'20" West, a distance of 123.15 feet to a point for | ||
| corner, said point being in the southeasterly line of a tract of | ||
| land described to City of Midlothian, Cause Number 04-C-3616 County | ||
| Court of Law, Ellis County, Texas; | ||
| THENCE North 41°28'19" East, departing the said northerly | ||
| right-of-way line of U.S Highway 287, a distance of 100.00 feet to a | ||
| point for corner; | ||
| THENCE North 48°53'44" West continuing along said common line | ||
| a distance of 99.72 feet to a point for corner; | ||
| THENCE South 41°38'09" West continuing along said common line | ||
| a distance of 99.36 feet to a point for corner, said point being in | ||
| the said northerly right-of-way line of U.S. Highway 287; | ||
| THENCE along said northerly right-of-way line of U.S. Highway | ||
| Number 287 the following calls: North 48°36'14" West, a distance of | ||
| 247.58 feet to a point for corner; North 42°50'51" West, a distance | ||
| of 458.34 feet to a point for corner; North 51°04'02" West, a | ||
| distance of 466.39 feet to a point for corner; North 27°30'07" West, | ||
| a distance of 3.46 feet to the POINT OF BEGINNING, containing | ||
| 29,532,612 square feet or 677.97 acres, more or less. | ||
| TRACT TWO | ||
| BEING a tract of land out of thee ALLEN REEVES Survey, | ||
| Abstract Number 939 and being part of a tract of land described to | ||
| One Windsor Hills L.P. as recorded in Volume 2202, Page 2425, Deed | ||
| Records, Ellis County, Texas, and being more particularly described | ||
| by metes and bounds as follows: | ||
| BEGINNING at the southeasterly corner of a tract of land | ||
| described to One Windsor Hills L.P. Tract 2 in Volume 2202, Page | ||
| 1295, Deed Records, Ellis County, Texas, said point also being in | ||
| the southwesterly line of a tract of land described to City of | ||
| Midlothian in Volume 491, Page 081, Deed Records, Ellis County, | ||
| Texas, said point also being in the apparent northerly line of Auger | ||
| Road (a variable width right-of-way); | ||
| THENCE along said northerly line of Auger Road the following | ||
| calls: South 81°59'52" West, a distance of 520.79 feet to a point for | ||
| corner; North 84°51'18" West, a distance of 617.43 feet to a point | ||
| for corner; South 79°50'03" West, a distance of 442.41 feet to a | ||
| point for corner, said point also being in the apparent easterly | ||
| line of Quarry Road (a variable width right-of-way) and also being | ||
| in the westerly line of said One Windsor Hills, L.P. Tract Two; | ||
| THENCE North 00°09'14" West, a distance of 2342.31 feet to a | ||
| point for corner, said point being in the southwesterly line of a | ||
| tract of land described to North Texas Cement Company in Volume 846, | ||
| Page 138, Deed Records, Ellis County, Texas; | ||
| THENCE North 88°56'09" East departing said easterly line of | ||
| Quarry Road and continuing along said common line a distance of | ||
| 563.53 feet to a point for corner; | ||
| THENCE North 00°21'10" West, continuing along said common | ||
| line a distance of 250.88 feet to a point for corner; | ||
| THENCE North 89°56'37" East, a distance of 2097.82 feet to | ||
| appoint for corner, said point being in the westerly line of a tract | ||
| of land described to City of Midlothian in Volume 2451, Page 0414, | ||
| Deed Records, Ellis County, Texas; | ||
| THENCE South 00°22'22" East, continuing along said common | ||
| line a distance of 1414.75 feet to a point for corner; | ||
| THENCE South 89°25'13" West, a distance of 563.27 feet to a | ||
| point for corner; | ||
| THENCE South 36°57'24" West, a distance of 156.39 feet to a | ||
| point for corner; | ||
| THENCE South 42°37'28" West, a distance of 220.86 feet to a | ||
| point for corner; | ||
| THENCE South 17°07'08" West, a distance of 110.49 feet to a | ||
| point for corner; | ||
| THENCE South 29°56'28" West, a distance of 283.81 feet to a | ||
| point for corner; | ||
| THENCE South 83°24'38" West, a distance of 135.84 feet to a | ||
| point for corner. | ||
| THENCE South 02°33'31" East, a distance of 435.91 feet to the | ||
| POINT OF BEGINNING, containing 5,604,605 square feet or 128.66 | ||
| acres, more or less. | ||
| TRACT THREE | ||
| BEING a tract of land out of the ALLEN REEVES Survey, Abstract | ||
| Number 939 and being part of a tract of land described to Jas | ||
| Holdings, LLC, as recorded in Volume 2051, Page 2082, Deed Records, | ||
| Ellis County, Texas, and being more particularly described by metes | ||
| and bounds as follows: | ||
| BEGINNNG at the northwesterly line of said Holdings tract, | ||
| said point being at the intersection of the southerly line of Gifco | ||
| Road and the westerly line of Quarry Road; | ||
| THENCE South 06°40'47" West, a distance of 443.05 feet to a | ||
| point for corner; | ||
| THENCE South 06°09'13" East, a distance of 220.20 feet to a | ||
| point for corner; | ||
| THENCE South 10°13'13" East, a distance of 536.49 feet to a | ||
| point for corner; | ||
| THENCE South 08°58'47" West, a distance of 136.00 feet to a | ||
| point for corner; | ||
| THENCE South 10°19'36" West, a distance of 210.10 feet to a | ||
| point for corner; | ||
| THENCE South 00°07'52" East, a distance of 565.79 feet to a | ||
| point for corner, said point being in the southerly line of said | ||
| Holdings tract and the northerly line of a tract of land described | ||
| to One Windsor Hills, L.P. as recorded in Volume 2199, Page 2425, | ||
| Deed Records, Ellis County, Texas; | ||
| THENCE with said common line the following calls: South | ||
| 89°07'31" West, a distance of 1045.64 feet to a point for corner; | ||
| South 87°52'20" West, a distance of 765.58 feet to a point for | ||
| corner; North 01°20'17" West, a distance of 491.92 feet to a point | ||
| for corner; South 88°55'27" West, a distance of 627.82 feet to a | ||
| point for corner, said point being at the beginning of a non-tangent | ||
| curve to the right whose chord bears North 31°16'58" East, a | ||
| distance of 1935.46 feet; | ||
| THENCE in a northeasterly direction with said non-tangent | ||
| curve to the right having a central angle of 43°00'28", with a radius | ||
| of 2640.00 feet, an arc length of 1981.66 feet to a point for | ||
| corner, said point being in the northerly line of said Holdings | ||
| tract; | ||
| THENCE North 89°50'10" East, along the northerly line of said | ||
| Holdings tract a distance of 1436.81 feet to the POINT OF BEGINNING, | ||
| containing 4,273,854 square feet or 98.11 acres, more or less. | ||
| SECTION 3. (a) The legal notice of the intention to | ||
| introduce this Act, setting forth the general substance of this | ||
| Act, has been published as provided by law, and the notice and a | ||
| copy of this Act have been furnished to all persons, agencies, | ||
| officials, or entities to which they are required to be furnished | ||
| under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
| Government Code. | ||
| (b) All requirements of the constitution and laws of this | ||
| state and the rules and procedures of the legislature with respect | ||
| to the notice, introduction, and passage of this Act have been | ||
| fulfilled and accomplished. | ||
| SECTION 4. This Act takes effect September 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 518 was passed by the House on April | ||
| 18, 2013, by the following vote: Yeas 141, Nays 2, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 518 was passed by the Senate on May | ||
| 17, 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
