Texas 2011 - 82nd Regular

Texas House Bill HB3852 Compare Versions

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1	1	By: Pitts (Senate Sponsor - Whitmire) H.B. No. 3852
2	2	(In the Senate - Received from the House May 13, 2011;
3	3	May 13, 2011, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 21, 2011, reported favorably by
5	5	the following vote: Yeas 3, Nays 0; May 21, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the creation of the Midlothian Municipal Management
11	11	District No. 2; providing authority to impose a tax, levy an
12	12	assessment, and issue bonds.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle C, Title 4, Special District Local Laws
15	15	Code, is amended by adding Chapter 3911 to read as follows:
16	16	CHAPTER 3911. MIDLOTHIAN MUNICIPAL MANAGEMENT DISTRICT NO. 2
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 3911.001. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the district's board of directors.
20	20	(2) "City" means the City of Midlothian, Texas.
21	21	(3) "County" means Ellis County, Texas.
22	22	(4) "Development agreement" means the development
23	23	agreement between the city and ECOM Real Estate Management, Inc.,
24	24	Trustee.
25	25	(5) "Director" means a board member.
26	26	(6) "District" means the Midlothian Municipal
27	27	Management District No. 2.
28	28	(7) "Improvement project" means a project authorized
29	29	by Subchapter C-1.
30	30	Sec. 3911.002. PRECONDITION; EXPIRATION. (a) In this
31	31	section, "finance plan" means a finance plan between the city and
32	32	the district that includes a general description of improvement
33	33	projects that will be financed by the district, an estimate of the
34	34	costs for the improvement projects, an estimate of the amount of the
35	35	costs for the improvement projects that the district will pay
36	36	directly or that will be reimbursed to the developer, and the means
37	37	of financing costs related to the planning, design, construction,
38	38	improvement, maintenance, and operation of the improvement
39	39	projects.
40	40	(b) The district may not exercise any powers under this
41	41	chapter until the development agreement and finance plan are
42	42	executed.
43	43	(c) This chapter, including Section 3911.062, expires
44	44	September 1, 2015, if the development agreement and finance plan
45	45	are not executed by that date.
46	46	Sec. 3911.003. CREATION AND NATURE OF DISTRICT. The
47	47	district is a special district created under Section 59, Article
48	48	XVI, Texas Constitution.
49	49	Sec. 3911.004. PURPOSE; LEGISLATIVE FINDINGS. (a) The
50	50	creation of the district is essential to accomplish the purposes of
51	51	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
52	52	Texas Constitution, and other public purposes stated in this
53	53	chapter. By creating the district and in authorizing the city and
54	54	other political subdivisions to contract with the district, the
55	55	legislature has established a program to accomplish the public
56	56	purposes set out in Section 52-a, Article III, Texas Constitution.
57	57	(b) The creation of the district is necessary to promote,
58	58	develop, encourage, and maintain employment, commerce,
59	59	transportation, housing, tourism, recreation, the arts,
60	60	entertainment, economic development, safety, and the public
61	61	welfare in the district.
62	62	(c) This chapter and the creation of the district may not be
63	63	interpreted to relieve the city or county from providing the level
64	64	of services provided as of the effective date of the Act enacting
65	65	this chapter to the area in the district. The district is created
66	66	to supplement and not to supplant city and county services provided
67	67	in the district.
68	68	Sec. 3911.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
69	69	The district is created to serve a public use and benefit.
70	70	(b) All land and other property included in the district
71	71	will benefit from the improvements and services to be provided by
72	72	the district under powers conferred by Sections 52 and 52-a,
73	73	Article III, and Section 59, Article XVI, Texas Constitution, and
74	74	other powers granted under this chapter.
75	75	(c) The creation of the district is in the public interest
76	76	and is essential to further the public purposes of:
77	77	(1) developing and diversifying the economy of the
78	78	state;
79	79	(2) eliminating unemployment and underemployment;
80	80	(3) providing quality residential housing; and
81	81	(4) developing or expanding transportation and
82	82	commerce.
83	83	(d) The district will:
84	84	(1) promote the health, safety, and general welfare of
85	85	residents, employers, potential employees, employees, visitors,
86	86	and consumers in the district, and of the public;
87	87	(2) provide needed funding for the district to
88	88	preserve, maintain, and enhance the economic health and vitality of
89	89	the district territory as a residential community and business
90	90	center; and
91	91	(3) promote the health, safety, welfare, and enjoyment
92	92	of the public by providing pedestrian ways and by landscaping and
93	93	developing certain areas in the district, which are necessary for
94	94	the restoration, preservation, and enhancement of scenic beauty.
95	95	(e) Pedestrian ways along or across a street, whether at
96	96	grade or above or below the surface, and street lighting, street
97	97	landscaping, vehicle parking, and street art objects are parts of
98	98	and necessary components of a street and are considered to be an
99	99	improvement project that includes a street or road improvement.
100	100	(f) The district will not act as the agent or
101	101	instrumentality of any private interest even though the district
102	102	will benefit many private interests as well as the public.
103	103	Sec. 3911.006. INITIAL DISTRICT TERRITORY. (a) The
104	104	district is initially composed of the territory described by
105	105	Section 2 of the Act enacting this chapter.
106	106	(b) A mistake in the field notes of the district contained
107	107	in Section 2 of the Act enacting this chapter or in copying the
108	108	field notes in the legislative process does not in any way affect:
109	109	(1) the district's organization, existence, or
110	110	validity;
111	111	(2) the district's right to contract, including the
112	112	right to issue any type of bond or other obligation for a purpose
113	113	for which the district is created;
114	114	(3) the district's right to impose or collect an
115	115	assessment, ad valorem taxes, or any other revenue; or
116	116	(4) the legality or operation of the board.
117	117	Sec. 3911.007. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
118	118	(a) All or any part of the area of the district is eligible to be
119	119	included in:
120	120	(1) a tax increment reinvestment zone created by the
121	121	city under Chapter 311, Tax Code;
122	122	(2) a tax abatement reinvestment zone created by the
123	123	city under Chapter 312, Tax Code; or
124	124	(3) an enterprise zone created by the city under
125	125	Chapter 2303, Government Code.
126	126	(b) If the city creates a tax increment reinvestment zone
127	127	described by Subsection (a), the city and the board of directors of
128	128	the zone, by contract with the district, may grant money deposited
129	129	in the tax increment fund to the district to be used by the district
130	130	for the purposes permitted for money granted to a corporation under
131	131	Section 380.002(b), Local Government Code, including the right to
132	132	pledge the money as security for any bonds issued by the district
133	133	for an improvement project.
134	134	[Sections 3911.008-3911.050 reserved for expansion]
135	135	SUBCHAPTER B. BOARD OF DIRECTORS
136	136	Sec. 3911.051. GOVERNING BODY; TERMS. The district is
137	137	governed by a board of five voting directors who serve staggered
138	138	terms of four years, with two or three directors' terms expiring May
139	139	31 of each even-numbered year.
140	140	Sec. 3911.052. QUALIFICATIONS. (a) To be qualified to
141	141	serve as a director appointed by the governing body of the city, a
142	142	person must be:
143	143	(1) a resident of the district who is also a registered
144	144	voter of the city;
145	145	(2) an owner of property in the district; or
146	146	(3) an agent, employee, or tenant of a person
147	147	described by Subdivision (2).
148	148	(b) Section 49.052, Water Code, does not apply to the
149	149	district.
150	150	Sec. 3911.053. APPOINTMENT OF DIRECTORS. The governing
151	151	body of the city shall appoint directors from a list of names
152	152	recommended by a majority of the board. The governing body may
153	153	request one additional list of names from the board.
154	154	Sec. 3911.054. EX OFFICIO DIRECTORS. (a) The following
155	155	persons serve ex officio as nonvoting directors:
156	156	(1) the city manager of the city; and
157	157	(2) the chief financial officer of the city.
158	158	(b) An ex officio director is entitled to notice of board
159	159	meetings and to speak on a matter before the board.
160	160	Sec. 3911.055. VACANCY. The governing body of the city
161	161	shall fill a vacancy on the board for the remainder of the unexpired
162	162	term in the same manner as the original appointment.
163	163	Sec. 3911.056. DIRECTOR'S OATH OR AFFIRMATION. A director
164	164	shall file the director's oath or affirmation of office with the
165	165	district, and the district shall retain the oath or affirmation in
166	166	the district records.
167	167	Sec. 3911.057. OFFICERS. The board shall elect from among
168	168	the directors a chair, a vice chair, and a secretary.
169	169	Sec. 3911.058. COMPENSATION; EXPENSES. (a) The district
170	170	may compensate each director in an amount not to exceed $75 for each
171	171	board meeting. The total amount of compensation for each director
172	172	in a calendar year may not exceed $3,000.
173	173	(b) The governing body of the city, by resolution or
174	174	ordinance, may increase:
175	175	(1) the compensation for each director to an amount
176	176	not to exceed $150 for each board meeting; and
177	177	(2) the total compensation for each director to an
178	178	amount not to exceed $6,000 in a calendar year.
179	179	(c) A director is entitled to reimbursement for necessary
180	180	and reasonable expenses incurred in carrying out the duties and
181	181	responsibilities of the board.
182	182	Sec. 3911.059. LIABILITY INSURANCE. The district may
183	183	obtain and pay for comprehensive general liability insurance
184	184	coverage from a commercial insurance company or other source that
185	185	protects and insures a director against personal liability and from
186	186	all claims relating to:
187	187	(1) actions taken by the director in the director's
188	188	capacity as a member of the board;
189	189	(2) actions and activities taken by the district; or
190	190	(3) the actions of others acting on behalf of the
191	191	district.
192	192	Sec. 3911.060. BOARD MEETINGS. The board shall hold
193	193	meetings at a place accessible to the public.
194	194	Sec. 3911.061. CONFLICTS OF INTEREST. Chapter 171, Local
195	195	Government Code, governs conflicts of interest of directors.
196	196	Sec. 3911.062. INITIAL DIRECTORS. (a) The governing body
197	197	of the city shall appoint the initial directors from a list of names
198	198	recommended by the owners of a majority of the assessed value of
199	199	property in the district. The governing body may request one
200	200	additional list of names from the board.
201	201	(b) The governing body of the city shall appoint the initial
202	202	directors after the effective date of the Act enacting this
203	203	chapter.
204	204	(c) The governing body shall stagger the terms, with two or
205	205	three directors' terms expiring May 31, 2012, and the remaining
206	206	directors' terms expiring May 31, 2014.
207	207	(d) Section 3911.052 does not apply to this section.
208	208	(e) This section expires September 1, 2016.
209	209	[Sections 3911.063-3911.100 reserved for expansion]
210	210	SUBCHAPTER C. POWERS AND DUTIES
211	211	Sec. 3911.101. IMPROVEMENT PROJECTS. The district may
212	212	provide, or it may enter into contracts with a governmental or
213	213	private entity to provide, the improvement projects described by
214	214	Subchapter C-1 or activities in support of or incidental to those
215	215	projects.
216	216	Sec. 3911.102. WATER DISTRICT POWERS. The district has the
217	217	powers provided by the general laws relating to conservation and
218	218	reclamation districts created under Section 59, Article XVI, Texas
219	219	Constitution, including Chapters 49 and 54, Water Code.
220	220	Sec. 3911.103. ROAD DISTRICT POWERS; EXCEPTION. (a)
221	221	Except as provided by Subsection (b), the district has the powers
222	222	provided by the general laws relating to road districts and road
223	223	utility districts created under Section 52(b), Article III, Texas
224	224	Constitution, including Chapter 441, Transportation Code.
225	225	(b) The district may exercise any power granted by this
226	226	chapter and by Chapter 441, Transportation Code, without regard to
227	227	any provision or requirement of, or procedure or maintenance tax
228	228	rate limitation prescribed by, Chapter 441, Transportation Code.
229	229	Sec. 3911.104. PUBLIC IMPROVEMENT DISTRICT POWERS. The
230	230	district has the powers provided by Subchapter A, Chapter 372,
231	231	Local Government Code, to a municipality or county.
232	232	Sec. 3911.105. MUNICIPAL MANAGEMENT DISTRICT POWERS. The
233	233	district has the powers provided by Chapter 375, Local Government
234	234	Code.
235	235	Sec. 3911.106. RULES; ENFORCEMENT. (a) The district may
236	236	adopt rules:
237	237	(1) to administer or operate the district; or
238	238	(2) for the use, enjoyment, availability, protection,
239	239	security, and maintenance of the district's property and
240	240	facilities.
241	241	(b) The district may enforce its rules by injunctive relief.
242	242	Sec. 3911.107. NOTICE OF NAME CHANGE. The board shall give
243	243	written notice of any name change to the city.
244	244	Sec. 3911.108. TERMS OF EMPLOYMENT; COMPENSATION. The
245	245	board may employ and establish the terms of employment and
246	246	compensation of an executive director or general manager and any
247	247	other district employees the board considers necessary.
248	248	Sec. 3911.109. NO EMINENT DOMAIN POWER. The district may
249	249	not exercise the power of eminent domain.
250	250	[Sections 3911.110-3911.150 reserved for expansion]
251	251	SUBCHAPTER C-1. IMPROVEMENT PROJECTS
252	252	Sec. 3911.151. BOARD DETERMINATION REQUIRED. The district
253	253	may not undertake an improvement project or service unless the
254	254	board determines the project or service:
255	255	(1) is necessary to accomplish a public purpose of the
256	256	district; and
257	257	(2) complies with the development agreement or the
258	258	parties to the development agreement agree to the project or
259	259	service, in writing.
260	260	Sec. 3911.152. CITY REQUIREMENTS. (a) An improvement
261	261	project must comply with any applicable city construction codes and
262	262	construction ordinances.
263	263	(b) The district may not provide, conduct, or authorize any
264	264	improvement project on the city streets, highways, rights-of-way,
265	265	or easements without the consent of the governing body of the city.
266	266	Sec. 3911.153. ADDITIONAL CITY POWERS REGARDING
267	267	IMPROVEMENT PROJECTS. (a) Unless the district and the city agree
268	268	otherwise, the city may:
269	269	(1) by ordinance, order, or resolution require that
270	270	title to all or any portion of an improvement project vest in the
271	271	city; or
272	272	(2) by ordinance, order, or resolution or other
273	273	directive authorize the district to own, encumber, maintain, and
274	274	operate an improvement project or convey the project to the city at
275	275	a later date.
276	276	(b) The district shall immediately comply with any city
277	277	ordinance, order, or resolution adopted under this section.
278	278	Sec. 3911.154. LAKE. For the purposes of this subchapter,
279	279	planning, design, construction, improvement, or maintenance of a
280	280	lake includes work done for drainage, reclamation, or recreation.
281	281	Sec. 3911.155. WATER; EXCEPTION. (a) Except as provided by
282	282	Subsection (b), an improvement project may include a supply and
283	283	distribution facility or system to provide potable and nonpotable
284	284	water to the residents and businesses of the district, including a
285	285	wastewater collection facility.
286	286	(b) The district may not engage in the business of wholesale
287	287	or retail sale of potable water or the wholesale or retail
288	288	collection and treatment of wastewater.
289	289	Sec. 3911.156. ROADS. An improvement project may include a
290	290	paved, macadamized, or graveled road or street inside and outside
291	291	the district, to the full extent authorized by Section 52, Article
292	292	III, Texas Constitution.
293	293	Sec. 3911.157. STORM WATER. An improvement project may
294	294	include protection and improvement of the quality of storm water
295	295	that flows through the district.
296	296	Sec. 3911.158. PARKING OR HELIPORT. An improvement project
297	297	may include the planning, design, construction, improvement,
298	298	maintenance, and operation of an off-street parking facility or
299	299	heliport.
300	300	Sec. 3911.159. EDUCATION AND CULTURE. An improvement
301	301	project may include the planning and acquisition of:
302	302	(1) public art and sculpture and related exhibits and
303	303	facilities; or
304	304	(2) an educational facility and a cultural exhibit or
305	305	facility.
306	306	Sec. 3911.160. CONVENTION CENTER. An improvement project
307	307	may include the planning, design, construction, acquisition,
308	308	lease, rental, improvement, maintenance, installation, and
309	309	management of and provision of furnishings for a facility for:
310	310	(1) a conference, convention, or exhibition;
311	311	(2) a manufacturer, consumer, or trade show;
312	312	(3) a civic, community, or institutional event; or
313	313	(4) an exhibit, display, attraction, special event, or
314	314	seasonal or cultural celebration or holiday.
315	315	Sec. 3911.161. DEMOLITION. An improvement project may
316	316	include the removal, razing, demolition, or clearing of land or
317	317	improvements in connection with an improvement project.
318	318	Sec. 3911.162. MITIGATION OF ENVIRONMENTAL EFFECTS. An
319	319	improvement project may include the acquisition and improvement of
320	320	land or other property for the mitigation of the environmental
321	321	effects of an improvement project.
322	322	Sec. 3911.163. ACQUISITION OF PROPERTY. An improvement
323	323	project may include the acquisition of property or an interest in
324	324	property in connection with an improvement project, including a
325	325	project authorized by Subchapter A, Chapter 372, Local Government
326	326	Code.
327	327	Sec. 3911.164. SPECIAL OR SUPPLEMENTAL SERVICES. An
328	328	improvement project may include a special or supplemental service
329	329	for the improvement and promotion of the district or an area
330	330	adjacent to the district or for the protection of public health and
331	331	safety in or adjacent to the district, including:
332	332	(1) tourism;
333	333	(2) fire protection or emergency medical services; and
334	334	(3) educational improvements, enhancements, and
335	335	services.
336	336	Sec. 3911.165. MISCELLANEOUS DESIGN, CONSTRUCTION, AND
337	337	MAINTENANCE. An improvement project may include the planning,
338	338	design, construction, improvement, and maintenance of:
339	339	(1) highway right-of-way or transit corridor
340	340	beautification and improvement;
341	341	(2) a hiking and cycling path or trail;
342	342	(3) a pedestrian walkway; or
343	343	(4) a garden, recreational facility, community
344	344	activity center, dock, wharf, sports facility, open space, scenic
345	345	area, or related exhibit or preserve.
346	346	Sec. 3911.166. SIMILAR IMPROVEMENT PROJECTS. An
347	347	improvement project may include a public improvement, facility, or
348	348	service similar to a project described by this subchapter.
349	349	[Sections 3911.167-3911.200 reserved for expansion]
350	350	SUBCHAPTER C-2. CONTRACTS
351	351	Sec. 3911.201. GENERAL CONTRACT POWERS. The district may
352	352	contract with any person to accomplish any district purpose.
353	353	Sec. 3911.202. CONTRACT TERMS. A contract the district
354	354	enters into to carry out a purpose of this chapter may be on any
355	355	terms and for any period the board determines, including an
356	356	obligation to issue a negotiable or nonnegotiable note or warrant
357	357	payable to the city, the county, or any other person.
358	358	Sec. 3911.203. REIMBURSEMENT OF COSTS. The district may
359	359	contract with any person for the payment, repayment, or
360	360	reimbursement of costs incurred by that person on behalf of the
361	361	district, including all or part of the costs of an improvement
362	362	project and interest on the reimbursed cost.
363	363	Sec. 3911.204. CONTRACT FOR IMPROVEMENT PROJECT. (a) The
364	364	district may contract with any person for the use, occupancy,
365	365	lease, rental, operation, maintenance, or management of all or part
366	366	of a proposed or existing improvement project.
367	367	(b) The district may apply for and contract with any person
368	368	to receive, administer, and perform a duty or obligation of the
369	369	district under a federal, state, local, or private gift, grant,
370	370	loan, conveyance, transfer, bequest, or other financial assistance
371	371	arrangement relating to the investigation, planning, analysis,
372	372	study, design, acquisition, construction, improvement, completion,
373	373	implementation, or operation by the district or others of a
374	374	proposed or existing improvement project.
375	375	Sec. 3911.205. NO FURTHER CONTRACT AUTHORIZATION REQUIRED.
376	376	Except as provided by Section 3911.206, any person, including the
377	377	city, may contract with the district to carry out the purposes of
378	378	this chapter without further statutory or other authorization.
379	379	Sec. 3911.206. CITY APPROVAL OF CERTAIN CONTRACTS. A
380	380	contract payable from ad valorem taxes for a period longer than one
381	381	year must be approved by the governing body of the city.
382	382	[Sections 3911.207-3911.250 reserved for expansion]
383	383	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
384	384	Sec. 3911.251. DEVELOPMENT AGREEMENT REQUIRED TO BORROW
385	385	MONEY OR IMPOSE TAXES OR ASSESSMENTS, INCLUDING BONDS. Before the
386	386	district may issue bonds, impose taxes or assessments, or borrow
387	387	money, the district and the city must negotiate and execute a
388	388	development agreement regarding the development plans and rules
389	389	for:
390	390	(1) the development and operation of the district; and
391	391	(2) the financing of improvement projects.
392	392	Sec. 3911.252. BORROWING MONEY. The district may borrow
393	393	money for a district purpose by issuing or executing bonds, notes,
394	394	credit agreements, or other obligations of any kind found by the
395	395	board to be necessary or appropriate for a district purpose. The
396	396	bond, note, credit agreement, or other obligation must be secured
397	397	by and payable from any combination of ad valorem taxes,
398	398	assessments, or any other district revenue.
399	399	Sec. 3911.253. GENERAL POWERS REGARDING PAYMENT OF DISTRICT
400	400	BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or
401	401	secure the payment or repayment of any bond, note, or other
402	402	temporary or permanent obligation or reimbursement or other
403	403	contract with any person and the costs and expenses of the
404	404	establishment, administration, and operation of the district and
405	405	the district's costs or share of the costs or revenue of an
406	406	improvement project or district contractual obligation or debt by:
407	407	(1) the imposition of a tax or an assessment, user fee,
408	408	or rental charge;
409	409	(2) a lease, installment purchase contract, or other
410	410	agreement; or
411	411	(3) any other revenue or resources of the district or
412	412	other revenue authorized by the city, including revenue from a tax
413	413	increment reinvestment zone created by the city.
414	414	Sec. 3911.254. ASSESSMENTS. (a) The district may impose an
415	415	assessment on property in the district to pay the cost or the cost
416	416	of maintenance of any authorized district improvement in the manner
417	417	provided for:
418	418	(1) a district under Subchapters A, E, and F, Chapter
419	419	375, Local Government Code; or
420	420	(2) a municipality or county under Subchapter A,
421	421	Chapter 372, Local Government Code.
422	422	(b) An assessment, a reassessment, or an assessment
423	423	resulting from an addition to or correction of the assessment roll
424	424	by the district, penalties and interest on an assessment or
425	425	reassessment, an expense of collection, and reasonable attorney's
426	426	fees incurred by the district:
427	427	(1) are a first and prior lien against the property
428	428	assessed; and
429	429	(2) are superior to any other lien or claim other than
430	430	a lien or claim for county, school district, or municipal ad valorem
431	431	taxes.
432	432	(c) The lien of an assessment against property runs with the
433	433	land. The portion of an assessment payment obligation that has not
434	434	yet come due is not eliminated by the foreclosure of an ad valorem
435	435	tax lien, and any purchaser of property in a foreclosure of an ad
436	436	valorem tax lien takes the property subject to the assessment
437	437	payment obligations that have not yet come due and to the lien and
438	438	terms of the lien's payment under the applicable assessment
439	439	ordinance or order.
440	440	(d) The board may make a correction to or deletion from the
441	441	assessment roll that does not increase the amount of assessment of
442	442	any parcel of land without providing notice and holding a hearing in
443	443	the manner required for additional assessments.
444	444	(e) Section 372.023(e), Local Government Code, does not
445	445	apply to the district.
446	446	Sec. 3911.255. IMPACT FEES; EXEMPTION. (a) The district
447	447	may impose an impact fee on property in the district, including an
448	448	impact fee on residential or commercial property, only in the
449	449	manner provided by Subchapter A, Chapter 372, or Subchapter F,
450	450	Chapter 375, Local Government Code, for a municipality, county, or
451	451	public improvement district.
452	452	(b) An impact fee for residential property must be for the
453	453	limited purpose of providing capital funding for:
454	454	(1) public water and wastewater facilities;
455	455	(2) drainage and storm water facilities; and
456	456	(3) streets and alleys.
457	457	(c) The district may not impose an impact fee on the
458	458	property, including equipment and facilities, of a public utility
459	459	provider in the district.
460	460	Sec. 3911.256. NONPOTABLE WATER USER CHARGES; CITY
461	461	APPROVAL. The district may establish user charges for the use of
462	462	nonpotable water for irrigation purposes, subject to approval of
463	463	the governing body of the city.
464	464	Sec. 3911.257. COSTS FOR IMPROVEMENT PROJECTS. The
465	465	district may undertake separately or jointly with other persons,
466	466	including the city or county, all or part of the cost of an
467	467	improvement project, including an improvement project:
468	468	(1) for improving, enhancing, and supporting public
469	469	safety and security, fire protection and emergency medical
470	470	services, and law enforcement in and adjacent to the district; or
471	471	(2) that confers a general benefit on the entire
472	472	district or a special benefit on a definable part of the district.
473	473	Sec. 3911.258. RESIDENTIAL PROPERTY NOT EXEMPT. Section
474	474	375.161, Local Government Code, does not apply to the district.
475	475	[Sections 3911.259-3911.300 reserved for expansion]
476	476	SUBCHAPTER E. TAXES AND BONDS
477	477	Sec. 3911.301. PROPERTY TAX AUTHORIZED. The district may
478	478	impose an ad valorem tax on all taxable property in the district,
479	479	including industrial, commercial, and residential property, to pay
480	480	for an improvement project.
481	481	Sec. 3911.302. MAINTENANCE AND OPERATION TAX; ELECTION.
482	482	(a) The district may impose a tax for maintenance and operation
483	483	purposes, including for:
484	484	(1) planning, constructing, acquiring, maintaining,
485	485	repairing, and operating all improvement projects, including land,
486	486	plants, works, facilities, improvements, appliances, and equipment
487	487	of the district; and
488	488	(2) paying costs of services, engineering and legal
489	489	fees, and organization and administrative expenses.
490	490	(b) The district may not impose a maintenance and operation
491	491	tax unless a maximum tax rate is approved by the governing body of
492	492	the city and a majority of the district voters voting at an election
493	493	held for that purpose. The proposition in a maintenance and
494	494	operation tax election may be for a specific maximum rate or for an
495	495	unlimited rate. If a maximum tax rate is approved, the board may
496	496	impose the tax at any rate that does not exceed the approved rate.
497	497	(c) A maintenance and operation tax election may be held at
498	498	the same time and in conjunction with any other district election.
499	499	The election may be called by a separate election order or as part
500	500	of any other election order.
501	501	Sec. 3911.303. USE OF SURPLUS MAINTENANCE AND OPERATION
502	502	MONEY. If the district has maintenance and operation tax money that
503	503	is not needed for the purposes for which it was collected, the money
504	504	may be used for any authorized purpose.
505	505	Sec. 3911.304. TAX ABATEMENT. The district may enter into a
506	506	tax abatement agreement regarding the district's ad valorem taxes
507	507	in accordance with the general laws of this state authorizing and
508	508	applicable to a tax abatement agreement by a municipality.
509	509	Sec. 3911.305. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
510	510	APPROVAL. (a) The district by competitive bid or negotiated sale
511	511	may issue bonds, notes, or other obligations payable wholly or
512	512	partly from ad valorem taxes or assessments in the manner provided
513	513	by Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
514	514	Government Code.
515	515	(b) In exercising the district's borrowing power, the
516	516	district may issue a bond or other obligation in the form of a bond,
517	517	note, certificate of participation or other instrument to be made
518	518	by the district, or any other type of obligation.
519	519	(c) In addition to the sources of money described by
520	520	Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
521	521	Government Code, district bonds may be secured and made payable,
522	522	wholly or partly, by a pledge of any part of the money the district
523	523	receives from system or improvement revenue or from any other
524	524	source.
525	525	Sec. 3911.306. BOND MATURITY. Bonds may mature not more
526	526	than 40 years from their date of issue.
527	527	Sec. 3911.307. TAXES FOR BONDS AND OTHER OBLIGATIONS;
528	528	ELECTION. (a) At the time bonds or other obligations payable
529	529	wholly or partly from ad valorem taxes are issued:
530	530	(1) the board shall impose a continuing direct annual
531	531	ad valorem tax, without limit as to rate or amount, for each year
532	532	that all or part of the bonds are outstanding; and
533	533	(2) the district annually shall impose an ad valorem
534	534	tax on all taxable property in the district in an amount sufficient
535	535	to:
536	536	(A) pay the interest on the bonds or other
537	537	obligations as the interest becomes due;
538	538	(B) create a sinking fund for the payment of the
539	539	principal of the bonds or other obligations when due or the
540	540	redemption price at any earlier required redemption date; and
541	541	(C) pay the expenses of imposing the taxes.
542	542	(b) Bonds or other obligations that are secured by and
543	543	payable from ad valorem taxes may not be issued unless the bonds and
544	544	the imposition of the taxes are approved by:
545	545	(1) a majority of the district voters voting at an
546	546	election held for that purpose; and
547	547	(2) the governing body of the city.
548	548	(c) The district shall hold an election required by this
549	549	section in the manner provided by Chapter 54, Water Code, and the
550	550	Election Code.
551	551	Sec. 3911.308. ISSUER POWERS FOR CERTAIN PUBLIC
552	552	IMPROVEMENTS. The district may exercise any power of an issuer
553	553	under Chapter 1371, Government Code.
554	554	[Sections 3911.309-3911.350 reserved for expansion]
555	555	SUBCHAPTER F. DISSOLUTION
556	556	Sec. 3911.351. DISSOLUTION BY CITY ORDINANCE. (a) The city
557	557	by ordinance may dissolve the district.
558	558	(b) The city may not dissolve the district until the
559	559	district's outstanding debt or contractual obligations have been
560	560	repaid or discharged, including the defeasance of any outstanding
561	561	debt issued by the city.
562	562	(c) The city may not dissolve the district until the
563	563	development agreement under Section 3911.251 has been executed and
564	564	the district's performance under the agreement has been fulfilled,
565	565	including any right or obligation the district has to reimburse a
566	566	developer or owner for the costs of improvement projects.
567	567	Sec. 3911.352. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
568	568	(a) If the dissolved district has bonds or other obligations
569	569	outstanding secured by and payable from assessments or other
570	570	revenue, other than ad valorem taxes, the city shall succeed to the
571	571	rights and obligations of the district regarding enforcement and
572	572	collection of the assessments or other revenue.
573	573	(b) The city shall have and exercise all district powers to
574	574	enforce and collect the assessments or other revenue to pay:
575	575	(1) the bonds or other obligations when due and
576	576	payable according to their terms; or
577	577	(2) special revenue or assessment bonds or other
578	578	obligations issued by the city to refund the outstanding bonds or
579	579	obligations.
580	580	Sec. 3911.353. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
581	581	After the city dissolves the district, the city assumes the
582	582	obligations of the district, including any bonds or other debt
583	583	payable from assessments or other district revenue.
584	584	(b) If the city dissolves the district, the board shall
585	585	transfer ownership of all district property to the city.
586	586	SECTION 2. The Midlothian Municipal Management District No.
587	587	2 initially includes all the territory contained in the following
588	588	area:
589	589	LEGAL DESCRIPTION
590	590	TRACT 1:
591	591	BEING a tract of land located in the JOHN EARLY SURVEY ABSTRACT NO.
592	592	343, JOSEPH H. WITHERSPOON SURVEY, ABSTRACT NO. 1137, ISAAC COOPER
593	593	SURVEY, ABSTRACT NO. 226, ELIZABETH RICE SURVEY, ABSTRACT NO. 929,
594	594	A.R. NEWTON SURVEY, ABSTRACT NO. 807, WEST WILKINS SURVEY, ABSTRACT
595	595	NO. 1162, J. KYSER SURVEY, ABSTRACT NO. 597, Z. HEATH SURVEY,
596	596	ABSTRACT NO. 455, PUERTA IRRIGATION COMPANY SURVEY, ABSTRACT NO.
597	597	1240, and the JAMES P. NEILL SURVEY, ABSTRACT NO. 1387, Ellis
598	598	County, Texas and being a part of those tracts of land described
599	599	Tract 3 and Tract 5 in Deed to ECOM Real Estate Management, Inc.,
600	600	recorded in Volume 1792, Page 136, Deed Records, Ellis County,
601	601	Texas and being more particularly described as follows:
602	602	BEGINNING at a 1 inch iron pipe found in the East line of Walnut
603	603	Grove Road, a variable width right-of-way, at the most Westerly
604	604	Southwest corner of said Tract 3;
605	605	THENCE North 00 degrees 36 minutes 12 seconds West, along said East
606	606	line of Walnut Grove Road, a distance of 1,675.84 feet to a 1/2 inch
607	607	iron rod with a yellow plastic cap stamped "DAA" set for the most
608	608	Westerly Northwest corner of said Tract 3, said point being in the
609	609	South line of a tract of land described in Deed to Harold L. Curtis,
610	610	recorded in Volume 669, Page 548, Deed Records, Ellis County,
611	611	Texas;
612	612	THENCE North 88 degrees 46 minutes 56 seconds East, along the South
613	613	line of said Curtis tract and a tract of land described in Deed to
614	614	Homer Dudley and wife, Nana Dudley, recorded in Volume 1679, Page
615	615	407, Deed Records, Ellis County, Texas and a tract of land described
616	616	in Deed to Homer Dudley, recorded in Volume 1201, Page 416, Deed
617	617	Records, Ellis County, Texas, a distance of 1,648.23 feet to a 1/2
618	618	inch iron rod with a yellow plastic cap stamped "BMI" found for
619	619	corner;
620	620	THENCE North 01 degrees 01 minutes 38 seconds West, a distance of
621	621	821.39 feet to a 1/2 inch iron rod with a red plastic cap found at
622	622	the Northeast corner of said Dudley tract recorded in Volume 1201,
623	623	Page 387 and the Southeast corner of a tract of land described in
624	624	Deed to Homer Dudley and wife, Nana Dudley recorded in Volume 1576,
625	625	page 387, Deed Records, Ellis County, Texas;
626	626	THENCE North 01 degrees 04 minutes 29 seconds West, a distance of
627	627	401.46 feet to a 1/2 inch iron rod found at the Northeast corner of
628	628	said Dudley tract recorded in Volume 1576, Page 387 and the most
629	629	Southerly Southeast corner of a tract of land described in Deed to
630	630	Gwendolyn Larue, recorded in Volume 669, Page 548, Deed Records,
631	631	Ellis County, Texas;
632	632	THENCE North 01 degrees 16 minutes 41 seconds West, along the East
633	633	line of said Larue tract, a distance of 71.65 feet to a 1/2 inch iron
634	634	rod found at the most Northerly Northwest corner of said Tract 3;
635	635	THENCE North 88 degrees 00 minutes 34 seconds East, along the South
636	636	line of said Larue tract, a distance of 324.01 feet to a 1/2 inch
637	637	iron rod found for corner;
638	638	THENCE South 06 degrees 01 minutes 23 seconds East, a distance of
639	639	50.05 feet to a 1/2 inch iron rod found at the most Southerly
640	640	Southwest corner of a tract of land described as Tract 2 in Deed to
641	641	Richard A. Brouwer, recorded in Volume 2033, Page 377, Deed
642	642	Records, Ellis County, Texas;
643	643	THENCE North 89 degrees 20 minutes 47 seconds East, along the most
644	644	Northerly South line of said Brouwer Tract 2, a distance of 910.39
645	645	feet to a 1 inch iron pipe found at the Southeast corner of said
646	646	Houchin Tract 2 and the Southwest corner of a tract of land
647	647	described as Tract 1 in Deed to James Richard Houchin, recorded in
648	648	Volume 1931, Page 1469, Deed Records, Ellis County, Texas;
649	649	THENCE South 89 degrees 50 minutes 14 seconds East, along the South
650	650	line of said Brouwer Tract 1, a distance of 235.15 feet to a 1/2 inch
651	651	iron rod found at an ell corner of said Houchin Tract 1;
652	652	THENCE South 01 degrees 27 minutes 53 seconds East, a distance of
653	653	425.66 feet to a 1/2 inch iron rod found at the most Southerly
654	654	Southwest corner of said Brouwer Tract 1;
655	655	THENCE North 89 degrees 52 minutes 06 seconds East, along the most
656	656	Southerly South line of said Brouwer Tract 1, a distance of 500.00
657	657	feet to a point for corner;
658	658	THENCE South 00 degrees 52 minutes 06 seconds West, a distance of
659	659	1,103.00 feet to a point for corner;
660	660	THENCE North 89 degrees 52 minutes 06 seconds East, a distance of
661	661	519.21 feet to a point for corner;
662	662	THENCE South 00 degrees 07 minutes 54 seconds East, a distance of
663	663	643.49 feet to a point for corner;
664	664	THENCE North 89 degrees 52 minutes 06 seconds East, a distance of
665	665	388.00 feet to a point for corner;
666	666	THENCE South 00 degrees 07 minutes 54 seconds East, a distance of
667	667	196.94 feet to a point for corner;
668	668	THENCE South 89 degrees 12 minutes 10 seconds West, a distance of
669	669	288.51 feet to a point for corner;
670	670	THENCE South 29 degrees 00 minutes 50 seconds East, a distance of
671	671	109.18 feet to a 1 point for corner;
672	672	THENCE South 44 degrees 37 minutes 50 seconds East, a distance of
673	673	231.94 feet to a point for corner;
674	674	THENCE South 24 degrees 04 minutes 50 seconds East, a distance of
675	675	133.89 feet to a point for corner;
676	676	THENCE South 35 degrees 57 minutes 50 seconds East, a distance of
677	677	98.06 feet to a point for corner;
678	678	THENCE South 30 degrees 47 minutes 50 seconds East, a distance of
679	679	138.89 feet to a 1/2 inch iron rod with a yellow plastic cap stamped
680	680	"DAA" set for corner;
681	681	THENCE Southerly with the approximate centerline of a creek the
682	682	following six (6) courses and distances:
683	683	South 07 degrees 54 minutes 27 seconds West, a distance of 221.82
684	684	feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
685	685	set for corner;
686	686	South 05 degrees 16 minutes 01 seconds West, a distance of 180.85
687	687	feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
688	688	set for corner;
689	689	South 05 degrees 43 minutes 17 seconds East, a distance of 89.54
690	690	feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
691	691	set for corner;
692	692	South 39 degrees 55 minutes 09 seconds East, a distance of 92.89
693	693	feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
694	694	set for corner;
695	695	South 28 degrees 43 minutes 21 seconds East, a distance of 54.13
696	696	feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
697	697	set for corner;
698	698	South 00 degrees 47 minutes 28 seconds East, a distance of 126.46
699	699	feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
700	700	set at the Northwest corner of a tract of land described in Cause
701	701	No. 25281 of the District Court of Ellis County, recorded in Volume
702	702	520, Page 609, Deed Records, Ellis County, Texas;
703	703	THENCE North 89 degrees 49 minutes 35 seconds East, a distance of
704	704	325.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped
705	705	"DAA" set at the Northeast corner of said tract described in Cause
706	706	No. 25281;
707	707	THENCE South 00 degrees 26 minutes 57 seconds East, a distance of
708	708	523.52 feet to a 1/2 inch iron rod with a yellow plastic cap stamped
709	709	"DAA" set at the Southeast corner of said tract described in Cause
710	710	No. 25281, said point being in the South line of a tract of land
711	711	described in Deed to Alma Ann Seale, recorded in Volume 693, Page
712	712	425, Deed Records, Ellis County, Texas;
713	713	THENCE North 89 degrees 00 minutes 13 seconds East, along the South
714	714	line of said Seale tract, a distance of 1,737.72 feet to a wood
715	715	fence post found for corner;
716	716	THENCE South 00 degrees 48 minutes 00 seconds East, along the West
717	717	line of said Seale tract and the West line of a tract of land
718	718	described in Deed to Alma Ann Seale, recorded in Volume 633, Page
719	719	750, Deed Records, Ellis County, Texas, a distance of 3,390.10 feet
720	720	to a 1/2 inch iron rod found at the Southwest corner of said Seale
721	721	tract recorded in Volume 633, Page 750;
722	722	THENCE North 89 degrees 32 minutes 26 seconds East, along the South
723	723	line of said Seale tract, a distance of 937.08 feet to a 1/2 inch
724	724	iron rod found at the Northwest corner of a tract of land described
725	725	in Deed as a Save & Except from said Tract 3 to the City Of
726	726	Midlothian And City Of Waxahachie;
727	727	THENCE South 03 degrees 09 minutes 09 seconds West, along the West
728	728	line of said Save & Except, a distance of 1,370.83 feet to a 2-1/2
729	729	inch aluminum disk found for corner;
730	730	THENCE South 86 degrees 51 minutes 59 seconds East, along the South
731	731	line of said Save & Except, a distance of 799.67 feet to a 2-1/2 inch
732	732	aluminum disk found for corner;
733	733	THENCE South 03 degrees 09 minutes 18 seconds West, along the West
734	734	line of said Save & Except, a distance of 706.20 feet to a 2-1/2 inch
735	735	aluminum disk found at the most Southerly Southwest corner of said
736	736	Save & Except tract and the Northeast corner of a tract of land
737	737	described in Deed to City Of Midlothian And City Of Waxahachie,
738	738	recorded in Volume 828, Page 86, Deed Records, Ellis County, Texas,
739	739	said point being in the North line of a tract of land described in
740	740	Deed to Alma Ann Seale, recorded in Volume 571, Page 811, Deed
741	741	Records, Ellis County, Texas;
742	742	THENCE South 89 degrees 02 minutes 26 seconds West, along said North
743	743	line, a distance of 1,833.21 feet to a 1/2 inch iron rod found for
744	744	corner;
745	745	THENCE North 00 degrees 46 minutes 36 seconds West, along the most
746	746	Westerly East line of said Seale tract, a distance of 790.80 feet to
747	747	a 1/2 inch iron rod found for corner;
748	748	THENCE North 26 degrees 47 minutes 39 seconds West, a distance of
749	749	332.61 feet to a 1/2 inch iron rod found for corner;
750	750	THENCE South 89 degrees 26 minutes 15 seconds West, along the North
751	751	line of said Seale tract, a distance of 751.98 feet to a 1/2 inch
752	752	iron rod with a yellow plastic cap stamped "DAA" set for corner in
753	753	the East line of a tract of land described as Tract II in Deed to
754	754	Garland Boles, recorded in Volume 996, Page 531, Deed records,
755	755	Ellis County, Texas;
756	756	THENCE North 10 degrees 15 minutes 25 seconds East, along said East
757	757	line, a distance of 30.73 feet to a 1/2 inch iron rod with a yellow
758	758	plastic cap stamped "DAA" set at the Northeast corner of said Boles
759	759	tract;
760	760	THENCE South 83 degrees 14 minutes 25 seconds West, along the North
761	761	line of said Bole tract, passing a 5/8 inch iron rod found at a
762	762	distance of 8.81 feet, and continuing for a total distance of 279.60
763	763	feet to a 1/2 inch iron rod found for corner;
764	764	THENCE South 00 degrees 33 minutes 25 seconds West, along the West
765	765	line of said Boles tract, a distance of 1,238.49 feet to a 1/2 inch
766	766	iron rod found for corner;
767	767	THENCE North 88 degrees 29 minutes 08 seconds West, a distance of
768	768	88.26 feet to a Texas Department of Transportation aluminum disk
769	769	found for corner in the Northeast line of U.S. Highway No. 287, a
770	770	variable width right-of-way;
771	771	THENCE Northwesterly along said Northeast right-of-way line the
772	772	following five (5) courses and distances:
773	773	North 48 degrees 39 minutes 02 seconds West, a distance of 692.86
774	774	feet to a Texas Department of Transportation aluminum disk found
775	775	for corner;
776	776	North 44 degrees 56 minutes 29 seconds West, a distance of 2,196.70
777	777	feet to a Texas Department of Transportation aluminum disk found
778	778	for corner;
779	779	North 39 degrees 54 minutes 45 seconds West, a distance of 501.93
780	780	feet to a Texas Department of Transportation aluminum disk found
781	781	for corner;
782	782	North 50 degrees 39 minutes 07 seconds West, a distance of 502.49
783	783	feet to a Texas Department of Transportation aluminum disk found
784	784	for corner;
785	785	North 45 degrees 59 minutes 38 seconds West, a distance of 418.55
786	786	feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
787	787	set for corner in the Southeast line of Lot 1, Block A of Walnut
788	788	Grove Center North, an Addition to the City of Midlothian according
789	789	to the Plat thereof recorded in Cabinet F, Slide 185, Plat records,
790	790	Ellis County, Texas, said point being North 56 degrees 12 minutes 08
791	791	seconds East, 0.39 feet from a found 1/2 inch iron rod with a yellow
792	792	plastic cap stamped "BRITTAIN & CRAWFORD";
793	793	THENCE North 44 degrees 38 minutes 36 seconds East, along the
794	794	Southeast line of said Addition, a distance of 432.10 feet to a 1/2
795	795	inch iron rod with a yellow plastic cap stamped "BRITTAIN &
796	796	CRAWFORD" found at the most Easterly corner of said Addition;
797	797	THENCE North 45 degrees 21 minutes 24 seconds West, a distance of
798	798	1,300.00 feet to a 1/2 inch iron rod with a yellow plastic cap
799	799	stamped "BRITTAIN & CRAWFORD" found at the most Northerly corner of
800	800	said Addition;
801	801	THENCE North 00 degrees 05 minutes 21 seconds East, a distance of
802	802	907.03 feet to a 1/2 inch iron rod found at the Northeast corner of a
803	803	tract of land described as Tract 1 in Deed to Sara Jane Properties,
804	804	Ltd., recorded in Volume 1808, Page 242, Deed Records, Ellis
805	805	County, Texas and the Southeast corner of a tract of land described
806	806	in Deed to Sara Jane Properties, Ltd., recorded in Volume 1808, Page
807	807	248, Deed Records, Ellis County, Texas;
808	808	THENCE North 00 degrees 07 minutes 42 seconds West, a distance of
809	809	1,013.26 feet to a 1/2 inch iron rod with a yellow plastic cap
810	810	stamped "RPLS 4480" found at the Southeast corner of Lot 2 of Turner
811	811	Homestead Estates, an Addition to the City of Midlothian according
812	812	to the Plat thereof recorded in Cabinet E, Slide 194, Plat records,
813	813	Ellis County, Texas;
814	814	THENCE North 00 degrees 02 minutes 12 seconds West, a distance of
815	815	604.57 feet to a 1/2 inch iron rod found at the Northeast corner of
816	816	Lot 1 of said Addition and the Southeast corner of a tract of land
817	817	described in Deed to Stephen M. Guerrero and wife, Melissa M.
818	818	Guerrero, recorded in Volume 1657, Page 41, Deed Records, Ellis
819	819	County, Texas;
820	820	THENCE North 01 degrees 40 minutes 57 seconds West, a distance of
821	821	164.79 feet to a 1/2 inch iron rod found at the Northeast corner of
822	822	said Guerrero tract;
823	823	THENCE South 88 degrees 59 minutes 29 seconds West, along the North
824	824	line of said Guerrero tract, a distance of 1,550.61 feet to the
825	825	POINT OF BEGINNING and containing 839.041 acres of land, more or
826	826	less.
827	827	LEGAL DESCRIPTION
828	828	TRACT 2:
829	829	BEING a tract of land located in the ROBERT HOSFORD SURVEY, ABSTRACT
830	830	NO. 533, J.L. BLANTON SURVEY, ABSTRACT NO. 1284 and the JOURDAN
831	831	POWERS SURVEY, ABSTRACT NO. 838, Ellis County, Texas and being all
832	832	of a tract of land described as Tract 2 in Deed to ECOM Real Estate
833	833	Management, Inc., recorded in Volume 1792, Page 136, Deed Records,
834	834	Ellis County, Texas and being more particularly described as
835	835	follows:
836	836	BEGINNING at a point for corner near the approximate centerline of
837	837	Walnut Grove Road, a variable width right-of-way, at the most
838	838	Westerly Northwest corner of said Tract 2;
839	839	THENCE North 88 degrees 33 minutes 24 seconds East, passing at a
840	840	distance of 20.61 feet a 3/4 inch iron rod found at the Southwest
841	841	corner of a tract of land described in Deed to Joseph L. Rodgers and
842	842	wife, Merry Nicol Rodgers, recorded in Volume 845, Page 711, Deed
843	843	Records, Ellis County, Texas, and continuing for a total distance
844	844	of 1,971.70 feet to a 1/2 inch iron rod with a yellow plastic cap
845	845	stamped "DAA" set for corner;
846	846	THENCE North 88 degrees 26 minutes 34 seconds East, a distance of
847	847	32.90 feet to a 1/2 inch iron rod found at an inner ell corner of
848	848	said Tract 2;
849	849	THENCE North 00 degrees 06 minutes 53 seconds West, a distance of
850	850	1,815.01 feet to an axle found at the most Northerly Northwest
851	851	corner of said Tract 2 and the Southwest corner of a tract of land
852	852	described in Deed to MCDC, Ltd., L.P., recorded in Volume 1979, page
853	853	1154, Deed Records, Ellis County, Texas, said point also being the
854	854	Southwest corner of Lot 9, Block 1 of HIDDEN MEADOW, an Addition to
855	855	the City of Midlothian, Ellis County, Texas according to the Plat
856	856	thereof recorded in Cabinet H, Slide 157, Plat Records, Ellis
857	857	County, Texas;
858	858	THENCE North 77 degrees 08 minutes 11 seconds East, along the common
859	859	line of said Tract 2, said MCDC tract and said Addition, a distance
860	860	of 909.33 feet to a 1/2 inch iron rod found at the Most Northerly
861	861	Northeast corner of said Tract 2 and the Northwest corner of a tract
862	862	of land described in Deed to Charles Fairbanks, Jr., recorded in
863	863	Volume 1979, Page 1127, Deed Records, Ellis County, Texas;
864	864	THENCE South 07 degrees 01 minutes 08 seconds East, along the common
865	865	line of said Tract 2 and said Fairbanks tract, a distance of
866	866	1,198.90 feet to a wood fence post found for corner;
867	867	THENCE North 89 degrees 41 minutes 59 seconds East, continuing
868	868	along the common line of said Tract 2 and said Fairbanks tract, a
869	869	distance of 475.12 feet to a point for corner in the West line of a
870	870	tract of land described in Deed to Terry G. Weaver, recorded in
871	871	Volume 1878, Page 684, Deed Records, Ellis County, Texas, said
872	872	point being near the approximate centerline of a creek;
873	873	THENCE Southerly with the West line of said Weaver tract and the
874	874	approximate centerline of said creek the following three (3)
875	875	courses and distances:
876	876	South 22 degrees 06 minutes 29 seconds West, a distance of 58.05
877	877	feet to a point for corner;
878	878	South 09 degrees 30 minutes 50 seconds East, a distance of 342.74
879	879	feet to a point for corner;
880	880	South 19 degrees 53 minutes 00 seconds East, a distance of 210.41
881	881	feet to a point at the Northeast corner of a tract of land described
882	882	as Tract 1 in Deed to Richard A. Brouwer and wife, Mary K. Brouwer,
883	883	recorded in Volume 2033, Page 377, Deed Records, Ellis County,
884	884	Texas;
885	885	THENCE along the Northerly and Westerly lines of said Brouwer tract
886	886	the following eight (8) courses and distances:
887	887	North 72 degrees 02 minutes 30 seconds West, a distance of 58.66
888	888	feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
889	889	set for corner;
890	890	North 89 degrees 17 minutes 47 seconds West, a distance of 127.79
891	891	feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
892	892	set for corner;
893	893	South 75 degrees 33 minutes 32 seconds West, a distance of 132.00
894	894	feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
895	895	set for corner;
896	896	North 61 degrees 42 minutes 14 seconds West, a distance of 33.00
897	897	feet to a 1/2 inch iron rod with a yellow plastic cap stamped
898	898	"COTTON SURVEYING" found for corner;
899	899	South 02 degrees 43 minutes 46 seconds East, a distance of 129.00
900	900	feet to a 1/2 inch iron rod found for corner;
901	901	South 53 degrees 49 minutes 45 seconds West, a distance of 179.66
902	902	feet to a 5/8 inch iron rod found for corner;
903	903	South 53 degrees 47 minutes 16 seconds West, a distance of 303.27
904	904	feet to a 1/2 inch iron rod found for corner;
905	905	South 02 degrees 11 minutes 06 seconds East, a distance of 1,196.11
906	906	feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
907	907	set for the Southeast corner of said Tract 2 and the most Easterly
908	908	Northeast corner of a tract of land described as Tract 2 in Deed to
909	909	Richard A. Brouwer and wife, Mary K. Brouwer, recorded in Volume
910	910	2033, Page 377, Deed Records, Ellis County, Texas, said point being
911	911	North 02 degrees 11 minutes 06 seconds West, 30.00 feet from a 1
912	912	inch iron pipe found at the Southwest corner of said Brouwer Tract
913	913	1;
914	914	THENCE along the common line of said ECOM Real Estate Management
915	915	Company Tract 2 and said Brouwer Tract 2 the following three courses
916	916	and distances:
917	917	South 89 degrees 25 minutes 42 seconds West, a distance of 880.81
918	918	feet to a 10 inch wood fence post for corner;
919	919	North 03 degrees 02 minutes 05 seconds West, a distance of 335.12
920	920	feet to a 1/2 inch iron rod found for corner;
921	921	South 89 degrees 09 minutes 22 seconds West, a distance of 2,010.01
922	922	feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
923	923	set for corner near the approximate centerline of said Walnut Grove
924	924	Road;
925	925	THENCE North 01 degrees 34 minutes 39 seconds West, a distance of
926	926	1,020.13 feet to the POINT OF BEGINNING and containing 127.324
927	927	acres of land, more or less.
928	928	FIELD NOTE DESCRIPTION
929	929	TRACT 3:
930	930	BEING a tract of land situated in the J. H. Witherspoon Survey,
931	931	Abstract 1137, the I. Cooper Survey, Abstract No. 226, the Mary T.
932	932	Castor Survey, Abstract 236, the James P. Alford Survey, Abstract 7
933	933	and the J. H. Witherspoon Survey, Abstract 1136, all of Ellis
934	934	County, Texas, said tract being a portion of that tract of land
935	935	conveyed to ECOM Real Estate Management, Inc. according to the
936	936	document filed of record in Volume 1177, Page 555, Deed Records of
937	937	Ellis County, Texas, said tract being more particularly described
938	938	as follows:
939	939	BEGINNING at a point in the North Line of the M.J. Pogue Survey for
940	940	the Southwest corner of said C. L. Williams Survey, same being
941	941	common with the most Easterly Southeast corner of said M. T. Castor
942	942	Survey;
943	943	THENCE North 2 degrees 26 minutes West, along a fence and the Survey
944	944	line, 546.60 feet to a point for corner;
945	945	THENCE South 50 degrees 01 minutes West, 440.9 feet to a point for
946	946	corner;
947	947	THENCE South 4 degrees 25 minutes East, 152.3 feet to a point for
948	948	corner;
949	949	THENCE South 35 degrees 05 minutes West 126.0 feet to a point in the
950	950	North line of the M. J. Pogue Survey;
951	951	THENCE North 89 degrees 59 minutes West, along a fence and a Survey
952	952	line, 392.0 feet to a point for corner;
953	953	THENCE South 0 degrees 25 minutes East, along a fence, 886.3 feet to
954	954	a point for corner;
955	955	THENCE North 89 degrees 52 minutes West, along a fence and the South
956	956	line of said Castor Survey, 2412.0 feet to a point for corner being
957	957	the Southwest corner of said Castor Survey;
958	958	THENCE North 0 degrees 40 minutes West, along a fence and said
959	959	Survey line, 1340.58 feet to point on the North side of Plainview
960	960	Road;
961	961	THENCE South 89 degrees 22 minutes 25 seconds East, 867.34 feet to a
962	962	point for corner;
963	963	THENCE North 89 degrees 04 minutes 35 seconds East, 346.53 feet to a
964	964	point for corner;
965	965	THENCE North 89 degrees 50 minutes 13 seconds East, 553.19 feet to a
966	966	point for corner at the beginning of a curve to the left having a
967	967	radius of 55.57 feet, a central angle of 77 degrees 01 minutes 46
968	968	seconds and a chord bearing and distance of North 51 degrees 17
969	969	minutes 31 seconds East, 69.21 feet;
970	970	With said curve to the left an arc distance of 74.71 feet to a point
971	971	for a corner of this tract;
972	972	THENCE North 12 degrees 46 minutes 38 seconds East, 416.00 feet to a
973	973	point for cornerat the beginning of a curve to the left having a
974	974	radius of 1066.97 feet, a central angle of 8 degrees 20 minutes 31
975	975	seconds and a chord bearing and distance of North 08 degrees 36
976	976	minutes 22 seconds East, 155.21 feet;
977	977	With said curve to the left an arc distance of 155.35 feet to a point
978	978	for a corner of this tract;
979	979	THENCE North 04 degrees 26 minutes 34 seconds East, 435.87 feet to a
980	980	point for corner;
981	981	THENCE North 3 degrees 18 minutes East, 208.3 feet to a point for
982	982	corner;
983	983	THENCE North 19 degrees 16 minutes West, 303.3 feet to a point for
984	984	corner;
985	985	THENCE North 25 degrees 43 minutes East, 289.3 feet to a point for
986	986	corner;
987	987	THENCE North 0 degrees 45 minutes West, 687.13 feet to a point for
988	988	corner in the South Line of the H. & T.C. Railroad;
989	989	THENCE South 56 degrees 37 minutes 50 seconds East, with said South
990	990	Line, a distance of 2327.68 feet to a point for a corner at the
991	991	beginning of a curve to right having a radius of 15566.77 feet, a
992	992	central angle of 01 degrees 32 minutes 51 seconds and a chord
993	993	bearing and distance of South 55 degrees 04 minutes 32 seconds East,
994	994	420.40 feet;
995	995	With said curve to the right an arc distance of 420.42 feet to a
996	996	point for a corner at the beginning of a curve to the right having
997	997	aradius of 2814.79 feet, a central angle of 19 degrees 59 minutes 08
998	998	seconds and a chord bearing and distance of South 41 degrees 26
999	999	minutes 36 seconds East, 976.87 feet;
1000	1000	With said curve to the right an arc distance of 981.84 feet to a
1001	1001	point for a corner at the beginning of a curve to the right having a
1002	1002	radius of 22649.48 feet, a central angle of 0 degrees 33 minutes 30
1003	1003	seconds and a chord bearing and distance of South 30 degrees 13
1004	1004	minutes 42 seconds East, 220.70 feet;
1005	1005	With said curve to the right an arc distance of 220.71 feet to a
1006	1006	point for a corner;
1007	1007	THENCE South29 degrees 40 minutes 07 seconds East, 561.82 feet to a
1008	1008	point for corner;
1009	1009	THENCE South 89 degrees 47 minutes West, leaving said Railroad
1010	1010	South Line, a distance of 378.59 feet to a point for corner at the
1011	1011	Northeast corner of the M. J. Pogue Survey;
1012	1012	THENCE North 89 degrees 21 minutes West, with the North Line of said
1013	1013	Pogue Survey, a distance of 72.3 feet to the West line of the above
1014	1014	mentioned Cooper Survey;
1015	1015	THENCE North 89 degrees 21 minutes West, with fence and common line
1016	1016	of said Pogue Survey and the above mentioned Geo. L. Williams
1017	1017	Survey, a distance of 1584.9 feet to the POINT OF BEGINNING,
1018	1018	containing 201.01 acres of land, more or less.
1019	1019	SECTION 3. (a) The legal notice of the intention to
1020	1020	introduce this Act, setting forth the general substance of this
1021	1021	Act, has been published as provided by law, and the notice and a
1022	1022	copy of this Act have been furnished to all persons, agencies,
1023	1023	officials, or entities to which they are required to be furnished
1024	1024	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1025	1025	Government Code.
1026	1026	(b) The governor, one of the required recipients, has
1027	1027	submitted the notice and Act to the Texas Commission on
1028	1028	Environmental Quality.
1029	1029	(c) The Texas Commission on Environmental Quality has filed
1030	1030	its recommendations relating to this Act with the governor,
1031	1031	lieutenant governor, and speaker of the house of representatives
1032	1032	within the required time.
1033	1033	(d) All requirements of the constitution and laws of this
1034	1034	state and the rules and procedures of the legislature with respect
1035	1035	to the notice, introduction, and passage of this Act have been
1036	1036	fulfilled and accomplished.
1037	1037	SECTION 4. This Act takes effect immediately if it receives
1038	1038	a vote of two-thirds of all the members elected to each house, as
1039	1039	provided by Section 39, Article III, Texas Constitution. If this
1040	1040	Act does not receive the vote necessary for immediate effect, this
1041	1041	Act takes effect September 1, 2011.
1042	1042	* * * * *