By: Pitts (Senate Sponsor - Whitmire) H.B. No. 3852
(In the Senate - Received from the House May 13, 2011;
May 13, 2011, read first time and referred to Committee on
Intergovernmental Relations; May 21, 2011, reported favorably by
the following vote: Yeas 3, Nays 0; May 21, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Midlothian Municipal Management
District No. 2; providing authority to impose a tax, levy an
assessment, and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3911 to read as follows:
CHAPTER 3911. MIDLOTHIAN MUNICIPAL MANAGEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3911.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Midlothian, Texas.
(3) "County" means Ellis County, Texas.
(4) "Development agreement" means the development
agreement between the city and ECOM Real Estate Management, Inc.,
Trustee.
(5) "Director" means a board member.
(6) "District" means the Midlothian Municipal
Management District No. 2.
(7) "Improvement project" means a project authorized
by Subchapter C-1.
Sec. 3911.002. PRECONDITION; EXPIRATION. (a) In this
section, "finance plan" means a finance plan between the city and
the district that includes a general description of improvement
projects that will be financed by the district, an estimate of the
costs for the improvement projects, an estimate of the amount of the
costs for the improvement projects that the district will pay
directly or that will be reimbursed to the developer, and the means
of financing costs related to the planning, design, construction,
improvement, maintenance, and operation of the improvement
projects.
(b) The district may not exercise any powers under this
chapter until the development agreement and finance plan are
executed.
(c) This chapter, including Section 3911.062, expires
September 1, 2015, if the development agreement and finance plan
are not executed by that date.
Sec. 3911.003. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Section 59, Article
XVI, Texas Constitution.
Sec. 3911.004. PURPOSE; LEGISLATIVE FINDINGS. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city or county from providing the level
of services provided as of the effective date of the Act enacting
this chapter to the area in the district. The district is created
to supplement and not to supplant city and county services provided
in the district.
Sec. 3911.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment;
(3) providing quality residential housing; and
(4) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a residential community and business
center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, vehicle parking, and street art objects are parts of
and necessary components of a street and are considered to be an
improvement project that includes a street or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3911.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) A mistake in the field notes of the district contained
in Section 2 of the Act enacting this chapter or in copying the
field notes in the legislative process does not in any way affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to contract, including the
right to issue any type of bond or other obligation for a purpose
for which the district is created;
(3) the district's right to impose or collect an
assessment, ad valorem taxes, or any other revenue; or
(4) the legality or operation of the board.
Sec. 3911.007. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created by the
city under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by the
city under Chapter 312, Tax Code; or
(3) an enterprise zone created by the city under
Chapter 2303, Government Code.
(b) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city and the board of directors of
the zone, by contract with the district, may grant money deposited
in the tax increment fund to the district to be used by the district
for the purposes permitted for money granted to a corporation under
Section 380.002(b), Local Government Code, including the right to
pledge the money as security for any bonds issued by the district
for an improvement project.
[Sections 3911.008-3911.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3911.051. GOVERNING BODY; TERMS. The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring May
31 of each even-numbered year.
Sec. 3911.052. QUALIFICATIONS. (a) To be qualified to
serve as a director appointed by the governing body of the city, a
person must be:
(1) a resident of the district who is also a registered
voter of the city;
(2) an owner of property in the district; or
(3) an agent, employee, or tenant of a person
described by Subdivision (2).
(b) Section 49.052, Water Code, does not apply to the
district.
Sec. 3911.053. APPOINTMENT OF DIRECTORS. The governing
body of the city shall appoint directors from a list of names
recommended by a majority of the board. The governing body may
request one additional list of names from the board.
Sec. 3911.054. EX OFFICIO DIRECTORS. (a) The following
persons serve ex officio as nonvoting directors:
(1) the city manager of the city; and
(2) the chief financial officer of the city.
(b) An ex officio director is entitled to notice of board
meetings and to speak on a matter before the board.
Sec. 3911.055. VACANCY. The governing body of the city
shall fill a vacancy on the board for the remainder of the unexpired
term in the same manner as the original appointment.
Sec. 3911.056. DIRECTOR'S OATH OR AFFIRMATION. A director
shall file the director's oath or affirmation of office with the
district, and the district shall retain the oath or affirmation in
the district records.
Sec. 3911.057. OFFICERS. The board shall elect from among
the directors a chair, a vice chair, and a secretary.
Sec. 3911.058. COMPENSATION; EXPENSES. (a) The district
may compensate each director in an amount not to exceed $75 for each
board meeting. The total amount of compensation for each director
in a calendar year may not exceed $3,000.
(b) The governing body of the city, by resolution or
ordinance, may increase:
(1) the compensation for each director to an amount
not to exceed $150 for each board meeting; and
(2) the total compensation for each director to an
amount not to exceed $6,000 in a calendar year.
(c) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of the board.
Sec. 3911.059. LIABILITY INSURANCE. The district may
obtain and pay for comprehensive general liability insurance
coverage from a commercial insurance company or other source that
protects and insures a director against personal liability and from
all claims relating to:
(1) actions taken by the director in the director's
capacity as a member of the board;
(2) actions and activities taken by the district; or
(3) the actions of others acting on behalf of the
district.
Sec. 3911.060. BOARD MEETINGS. The board shall hold
meetings at a place accessible to the public.
Sec. 3911.061. CONFLICTS OF INTEREST. Chapter 171, Local
Government Code, governs conflicts of interest of directors.
Sec. 3911.062. INITIAL DIRECTORS. (a) The governing body
of the city shall appoint the initial directors from a list of names
recommended by the owners of a majority of the assessed value of
property in the district. The governing body may request one
additional list of names from the board.
(b) The governing body of the city shall appoint the initial
directors after the effective date of the Act enacting this
chapter.
(c) The governing body shall stagger the terms, with two or
three directors' terms expiring May 31, 2012, and the remaining
directors' terms expiring May 31, 2014.
(d) Section 3911.052 does not apply to this section.
(e) This section expires September 1, 2016.
[Sections 3911.063-3911.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3911.101. IMPROVEMENT PROJECTS. The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, the improvement projects described by
Subchapter C-1 or activities in support of or incidental to those
projects.
Sec. 3911.102. WATER DISTRICT POWERS. The district has the
powers provided by the general laws relating to conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code.
Sec. 3911.103. ROAD DISTRICT POWERS; EXCEPTION. (a)
Except as provided by Subsection (b), the district has the powers
provided by the general laws relating to road districts and road
utility districts created under Section 52(b), Article III, Texas
Constitution, including Chapter 441, Transportation Code.
(b) The district may exercise any power granted by this
chapter and by Chapter 441, Transportation Code, without regard to
any provision or requirement of, or procedure or maintenance tax
rate limitation prescribed by, Chapter 441, Transportation Code.
Sec. 3911.104. PUBLIC IMPROVEMENT DISTRICT POWERS. The
district has the powers provided by Subchapter A, Chapter 372,
Local Government Code, to a municipality or county.
Sec. 3911.105. MUNICIPAL MANAGEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 375, Local Government
Code.
Sec. 3911.106. RULES; ENFORCEMENT. (a) The district may
adopt rules:
(1) to administer or operate the district; or
(2) for the use, enjoyment, availability, protection,
security, and maintenance of the district's property and
facilities.
(b) The district may enforce its rules by injunctive relief.
Sec. 3911.107. NOTICE OF NAME CHANGE. The board shall give
written notice of any name change to the city.
Sec. 3911.108. TERMS OF EMPLOYMENT; COMPENSATION. The
board may employ and establish the terms of employment and
compensation of an executive director or general manager and any
other district employees the board considers necessary.
Sec. 3911.109. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
[Sections 3911.110-3911.150 reserved for expansion]
SUBCHAPTER C-1. IMPROVEMENT PROJECTS
Sec. 3911.151. BOARD DETERMINATION REQUIRED. The district
may not undertake an improvement project or service unless the
board determines the project or service:
(1) is necessary to accomplish a public purpose of the
district; and
(2) complies with the development agreement or the
parties to the development agreement agree to the project or
service, in writing.
Sec. 3911.152. CITY REQUIREMENTS. (a) An improvement
project must comply with any applicable city construction codes and
construction ordinances.
(b) The district may not provide, conduct, or authorize any
improvement project on the city streets, highways, rights-of-way,
or easements without the consent of the governing body of the city.
Sec. 3911.153. ADDITIONAL CITY POWERS REGARDING
IMPROVEMENT PROJECTS. (a) Unless the district and the city agree
otherwise, the city may:
(1) by ordinance, order, or resolution require that
title to all or any portion of an improvement project vest in the
city; or
(2) by ordinance, order, or resolution or other
directive authorize the district to own, encumber, maintain, and
operate an improvement project or convey the project to the city at
a later date.
(b) The district shall immediately comply with any city
ordinance, order, or resolution adopted under this section.
Sec. 3911.154. LAKE. For the purposes of this subchapter,
planning, design, construction, improvement, or maintenance of a
lake includes work done for drainage, reclamation, or recreation.
Sec. 3911.155. WATER; EXCEPTION. (a) Except as provided by
Subsection (b), an improvement project may include a supply and
distribution facility or system to provide potable and nonpotable
water to the residents and businesses of the district, including a
wastewater collection facility.
(b) The district may not engage in the business of wholesale
or retail sale of potable water or the wholesale or retail
collection and treatment of wastewater.
Sec. 3911.156. ROADS. An improvement project may include a
paved, macadamized, or graveled road or street inside and outside
the district, to the full extent authorized by Section 52, Article
III, Texas Constitution.
Sec. 3911.157. STORM WATER. An improvement project may
include protection and improvement of the quality of storm water
that flows through the district.
Sec. 3911.158. PARKING OR HELIPORT. An improvement project
may include the planning, design, construction, improvement,
maintenance, and operation of an off-street parking facility or
heliport.
Sec. 3911.159. EDUCATION AND CULTURE. An improvement
project may include the planning and acquisition of:
(1) public art and sculpture and related exhibits and
facilities; or
(2) an educational facility and a cultural exhibit or
facility.
Sec. 3911.160. CONVENTION CENTER. An improvement project
may include the planning, design, construction, acquisition,
lease, rental, improvement, maintenance, installation, and
management of and provision of furnishings for a facility for:
(1) a conference, convention, or exhibition;
(2) a manufacturer, consumer, or trade show;
(3) a civic, community, or institutional event; or
(4) an exhibit, display, attraction, special event, or
seasonal or cultural celebration or holiday.
Sec. 3911.161. DEMOLITION. An improvement project may
include the removal, razing, demolition, or clearing of land or
improvements in connection with an improvement project.
Sec. 3911.162. MITIGATION OF ENVIRONMENTAL EFFECTS. An
improvement project may include the acquisition and improvement of
land or other property for the mitigation of the environmental
effects of an improvement project.
Sec. 3911.163. ACQUISITION OF PROPERTY. An improvement
project may include the acquisition of property or an interest in
property in connection with an improvement project, including a
project authorized by Subchapter A, Chapter 372, Local Government
Code.
Sec. 3911.164. SPECIAL OR SUPPLEMENTAL SERVICES. An
improvement project may include a special or supplemental service
for the improvement and promotion of the district or an area
adjacent to the district or for the protection of public health and
safety in or adjacent to the district, including:
(1) tourism;
(2) fire protection or emergency medical services; and
(3) educational improvements, enhancements, and
services.
Sec. 3911.165. MISCELLANEOUS DESIGN, CONSTRUCTION, AND
MAINTENANCE. An improvement project may include the planning,
design, construction, improvement, and maintenance of:
(1) highway right-of-way or transit corridor
beautification and improvement;
(2) a hiking and cycling path or trail;
(3) a pedestrian walkway; or
(4) a garden, recreational facility, community
activity center, dock, wharf, sports facility, open space, scenic
area, or related exhibit or preserve.
Sec. 3911.166. SIMILAR IMPROVEMENT PROJECTS. An
improvement project may include a public improvement, facility, or
service similar to a project described by this subchapter.
[Sections 3911.167-3911.200 reserved for expansion]
SUBCHAPTER C-2. CONTRACTS
Sec. 3911.201. GENERAL CONTRACT POWERS. The district may
contract with any person to accomplish any district purpose.
Sec. 3911.202. CONTRACT TERMS. A contract the district
enters into to carry out a purpose of this chapter may be on any
terms and for any period the board determines, including an
obligation to issue a negotiable or nonnegotiable note or warrant
payable to the city, the county, or any other person.
Sec. 3911.203. REIMBURSEMENT OF COSTS. The district may
contract with any person for the payment, repayment, or
reimbursement of costs incurred by that person on behalf of the
district, including all or part of the costs of an improvement
project and interest on the reimbursed cost.
Sec. 3911.204. CONTRACT FOR IMPROVEMENT PROJECT. (a) The
district may contract with any person for the use, occupancy,
lease, rental, operation, maintenance, or management of all or part
of a proposed or existing improvement project.
(b) The district may apply for and contract with any person
to receive, administer, and perform a duty or obligation of the
district under a federal, state, local, or private gift, grant,
loan, conveyance, transfer, bequest, or other financial assistance
arrangement relating to the investigation, planning, analysis,
study, design, acquisition, construction, improvement, completion,
implementation, or operation by the district or others of a
proposed or existing improvement project.
Sec. 3911.205. NO FURTHER CONTRACT AUTHORIZATION REQUIRED.
Except as provided by Section 3911.206, any person, including the
city, may contract with the district to carry out the purposes of
this chapter without further statutory or other authorization.
Sec. 3911.206. CITY APPROVAL OF CERTAIN CONTRACTS. A
contract payable from ad valorem taxes for a period longer than one
year must be approved by the governing body of the city.
[Sections 3911.207-3911.250 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3911.251. DEVELOPMENT AGREEMENT REQUIRED TO BORROW
MONEY OR IMPOSE TAXES OR ASSESSMENTS, INCLUDING BONDS. Before the
district may issue bonds, impose taxes or assessments, or borrow
money, the district and the city must negotiate and execute a
development agreement regarding the development plans and rules
for:
(1) the development and operation of the district; and
(2) the financing of improvement projects.
Sec. 3911.252. BORROWING MONEY. The district may borrow
money for a district purpose by issuing or executing bonds, notes,
credit agreements, or other obligations of any kind found by the
board to be necessary or appropriate for a district purpose. The
bond, note, credit agreement, or other obligation must be secured
by and payable from any combination of ad valorem taxes,
assessments, or any other district revenue.
Sec. 3911.253. GENERAL POWERS REGARDING PAYMENT OF DISTRICT
BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or
secure the payment or repayment of any bond, note, or other
temporary or permanent obligation or reimbursement or other
contract with any person and the costs and expenses of the
establishment, administration, and operation of the district and
the district's costs or share of the costs or revenue of an
improvement project or district contractual obligation or debt by:
(1) the imposition of a tax or an assessment, user fee,
or rental charge;
(2) a lease, installment purchase contract, or other
agreement; or
(3) any other revenue or resources of the district or
other revenue authorized by the city, including revenue from a tax
increment reinvestment zone created by the city.
Sec. 3911.254. ASSESSMENTS. (a) The district may impose an
assessment on property in the district to pay the cost or the cost
of maintenance of any authorized district improvement in the manner
provided for:
(1) a district under Subchapters A, E, and F, Chapter
375, Local Government Code; or
(2) a municipality or county under Subchapter A,
Chapter 372, Local Government Code.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed; and
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes.
(c) The lien of an assessment against property runs with the
land. The portion of an assessment payment obligation that has not
yet come due is not eliminated by the foreclosure of an ad valorem
tax lien, and any purchaser of property in a foreclosure of an ad
valorem tax lien takes the property subject to the assessment
payment obligations that have not yet come due and to the lien and
terms of the lien's payment under the applicable assessment
ordinance or order.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
(e) Section 372.023(e), Local Government Code, does not
apply to the district.
Sec. 3911.255. IMPACT FEES; EXEMPTION. (a) The district
may impose an impact fee on property in the district, including an
impact fee on residential or commercial property, only in the
manner provided by Subchapter A, Chapter 372, or Subchapter F,
Chapter 375, Local Government Code, for a municipality, county, or
public improvement district.
(b) An impact fee for residential property must be for the
limited purpose of providing capital funding for:
(1) public water and wastewater facilities;
(2) drainage and storm water facilities; and
(3) streets and alleys.
(c) The district may not impose an impact fee on the
property, including equipment and facilities, of a public utility
provider in the district.
Sec. 3911.256. NONPOTABLE WATER USER CHARGES; CITY
APPROVAL. The district may establish user charges for the use of
nonpotable water for irrigation purposes, subject to approval of
the governing body of the city.
Sec. 3911.257. COSTS FOR IMPROVEMENT PROJECTS. The
district may undertake separately or jointly with other persons,
including the city or county, all or part of the cost of an
improvement project, including an improvement project:
(1) for improving, enhancing, and supporting public
safety and security, fire protection and emergency medical
services, and law enforcement in and adjacent to the district; or
(2) that confers a general benefit on the entire
district or a special benefit on a definable part of the district.
Sec. 3911.258. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to the district.
[Sections 3911.259-3911.300 reserved for expansion]
SUBCHAPTER E. TAXES AND BONDS
Sec. 3911.301. PROPERTY TAX AUTHORIZED. The district may
impose an ad valorem tax on all taxable property in the district,
including industrial, commercial, and residential property, to pay
for an improvement project.
Sec. 3911.302. MAINTENANCE AND OPERATION TAX; ELECTION.
(a) The district may impose a tax for maintenance and operation
purposes, including for:
(1) planning, constructing, acquiring, maintaining,
repairing, and operating all improvement projects, including land,
plants, works, facilities, improvements, appliances, and equipment
of the district; and
(2) paying costs of services, engineering and legal
fees, and organization and administrative expenses.
(b) The district may not impose a maintenance and operation
tax unless a maximum tax rate is approved by the governing body of
the city and a majority of the district voters voting at an election
held for that purpose. The proposition in a maintenance and
operation tax election may be for a specific maximum rate or for an
unlimited rate. If a maximum tax rate is approved, the board may
impose the tax at any rate that does not exceed the approved rate.
(c) A maintenance and operation tax election may be held at
the same time and in conjunction with any other district election.
The election may be called by a separate election order or as part
of any other election order.
Sec. 3911.303. USE OF SURPLUS MAINTENANCE AND OPERATION
MONEY. If the district has maintenance and operation tax money that
is not needed for the purposes for which it was collected, the money
may be used for any authorized purpose.
Sec. 3911.304. TAX ABATEMENT. The district may enter into a
tax abatement agreement regarding the district's ad valorem taxes
in accordance with the general laws of this state authorizing and
applicable to a tax abatement agreement by a municipality.
Sec. 3911.305. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
APPROVAL. (a) The district by competitive bid or negotiated sale
may issue bonds, notes, or other obligations payable wholly or
partly from ad valorem taxes or assessments in the manner provided
by Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
Government Code.
(b) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument to be made
by the district, or any other type of obligation.
(c) In addition to the sources of money described by
Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
Government Code, district bonds may be secured and made payable,
wholly or partly, by a pledge of any part of the money the district
receives from system or improvement revenue or from any other
source.
Sec. 3911.306. BOND MATURITY. Bonds may mature not more
than 40 years from their date of issue.
Sec. 3911.307. TAXES FOR BONDS AND OTHER OBLIGATIONS;
ELECTION. (a) At the time bonds or other obligations payable
wholly or partly from ad valorem taxes are issued:
(1) the board shall impose a continuing direct annual
ad valorem tax, without limit as to rate or amount, for each year
that all or part of the bonds are outstanding; and
(2) the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due;
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date; and
(C) pay the expenses of imposing the taxes.
(b) Bonds or other obligations that are secured by and
payable from ad valorem taxes may not be issued unless the bonds and
the imposition of the taxes are approved by:
(1) a majority of the district voters voting at an
election held for that purpose; and
(2) the governing body of the city.
(c) The district shall hold an election required by this
section in the manner provided by Chapter 54, Water Code, and the
Election Code.
Sec. 3911.308. ISSUER POWERS FOR CERTAIN PUBLIC
IMPROVEMENTS. The district may exercise any power of an issuer
under Chapter 1371, Government Code.
[Sections 3911.309-3911.350 reserved for expansion]
SUBCHAPTER F. DISSOLUTION
Sec. 3911.351. DISSOLUTION BY CITY ORDINANCE. (a) The city
by ordinance may dissolve the district.
(b) The city may not dissolve the district until the
district's outstanding debt or contractual obligations have been
repaid or discharged, including the defeasance of any outstanding
debt issued by the city.
(c) The city may not dissolve the district until the
development agreement under Section 3911.251 has been executed and
the district's performance under the agreement has been fulfilled,
including any right or obligation the district has to reimburse a
developer or owner for the costs of improvement projects.
Sec. 3911.352. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
(a) If the dissolved district has bonds or other obligations
outstanding secured by and payable from assessments or other
revenue, other than ad valorem taxes, the city shall succeed to the
rights and obligations of the district regarding enforcement and
collection of the assessments or other revenue.
(b) The city shall have and exercise all district powers to
enforce and collect the assessments or other revenue to pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) special revenue or assessment bonds or other
obligations issued by the city to refund the outstanding bonds or
obligations.
Sec. 3911.353. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
After the city dissolves the district, the city assumes the
obligations of the district, including any bonds or other debt
payable from assessments or other district revenue.
(b) If the city dissolves the district, the board shall
transfer ownership of all district property to the city.
SECTION 2. The Midlothian Municipal Management District No.
2 initially includes all the territory contained in the following
area:
LEGAL DESCRIPTION
TRACT 1:
BEING a tract of land located in the JOHN EARLY SURVEY ABSTRACT NO.
343, JOSEPH H. WITHERSPOON SURVEY, ABSTRACT NO. 1137, ISAAC COOPER
SURVEY, ABSTRACT NO. 226, ELIZABETH RICE SURVEY, ABSTRACT NO. 929,
A.R. NEWTON SURVEY, ABSTRACT NO. 807, WEST WILKINS SURVEY, ABSTRACT
NO. 1162, J. KYSER SURVEY, ABSTRACT NO. 597, Z. HEATH SURVEY,
ABSTRACT NO. 455, PUERTA IRRIGATION COMPANY SURVEY, ABSTRACT NO.
1240, and the JAMES P. NEILL SURVEY, ABSTRACT NO. 1387, Ellis
County, Texas and being a part of those tracts of land described
Tract 3 and Tract 5 in Deed to ECOM Real Estate Management, Inc.,
recorded in Volume 1792, Page 136, Deed Records, Ellis County,
Texas and being more particularly described as follows:
BEGINNING at a 1 inch iron pipe found in the East line of Walnut
Grove Road, a variable width right-of-way, at the most Westerly
Southwest corner of said Tract 3;
THENCE North 00 degrees 36 minutes 12 seconds West, along said East
line of Walnut Grove Road, a distance of 1,675.84 feet to a 1/2 inch
iron rod with a yellow plastic cap stamped "DAA" set for the most
Westerly Northwest corner of said Tract 3, said point being in the
South line of a tract of land described in Deed to Harold L. Curtis,
recorded in Volume 669, Page 548, Deed Records, Ellis County,
Texas;
THENCE North 88 degrees 46 minutes 56 seconds East, along the South
line of said Curtis tract and a tract of land described in Deed to
Homer Dudley and wife, Nana Dudley, recorded in Volume 1679, Page
407, Deed Records, Ellis County, Texas and a tract of land described
in Deed to Homer Dudley, recorded in Volume 1201, Page 416, Deed
Records, Ellis County, Texas, a distance of 1,648.23 feet to a 1/2
inch iron rod with a yellow plastic cap stamped "BMI" found for
corner;
THENCE North 01 degrees 01 minutes 38 seconds West, a distance of
821.39 feet to a 1/2 inch iron rod with a red plastic cap found at
the Northeast corner of said Dudley tract recorded in Volume 1201,
Page 387 and the Southeast corner of a tract of land described in
Deed to Homer Dudley and wife, Nana Dudley recorded in Volume 1576,
page 387, Deed Records, Ellis County, Texas;
THENCE North 01 degrees 04 minutes 29 seconds West, a distance of
401.46 feet to a 1/2 inch iron rod found at the Northeast corner of
said Dudley tract recorded in Volume 1576, Page 387 and the most
Southerly Southeast corner of a tract of land described in Deed to
Gwendolyn Larue, recorded in Volume 669, Page 548, Deed Records,
Ellis County, Texas;
THENCE North 01 degrees 16 minutes 41 seconds West, along the East
line of said Larue tract, a distance of 71.65 feet to a 1/2 inch iron
rod found at the most Northerly Northwest corner of said Tract 3;
THENCE North 88 degrees 00 minutes 34 seconds East, along the South
line of said Larue tract, a distance of 324.01 feet to a 1/2 inch
iron rod found for corner;
THENCE South 06 degrees 01 minutes 23 seconds East, a distance of
50.05 feet to a 1/2 inch iron rod found at the most Southerly
Southwest corner of a tract of land described as Tract 2 in Deed to
Richard A. Brouwer, recorded in Volume 2033, Page 377, Deed
Records, Ellis County, Texas;
THENCE North 89 degrees 20 minutes 47 seconds East, along the most
Northerly South line of said Brouwer Tract 2, a distance of 910.39
feet to a 1 inch iron pipe found at the Southeast corner of said
Houchin Tract 2 and the Southwest corner of a tract of land
described as Tract 1 in Deed to James Richard Houchin, recorded in
Volume 1931, Page 1469, Deed Records, Ellis County, Texas;
THENCE South 89 degrees 50 minutes 14 seconds East, along the South
line of said Brouwer Tract 1, a distance of 235.15 feet to a 1/2 inch
iron rod found at an ell corner of said Houchin Tract 1;
THENCE South 01 degrees 27 minutes 53 seconds East, a distance of
425.66 feet to a 1/2 inch iron rod found at the most Southerly
Southwest corner of said Brouwer Tract 1;
THENCE North 89 degrees 52 minutes 06 seconds East, along the most
Southerly South line of said Brouwer Tract 1, a distance of 500.00
feet to a point for corner;
THENCE South 00 degrees 52 minutes 06 seconds West, a distance of
1,103.00 feet to a point for corner;
THENCE North 89 degrees 52 minutes 06 seconds East, a distance of
519.21 feet to a point for corner;
THENCE South 00 degrees 07 minutes 54 seconds East, a distance of
643.49 feet to a point for corner;
THENCE North 89 degrees 52 minutes 06 seconds East, a distance of
388.00 feet to a point for corner;
THENCE South 00 degrees 07 minutes 54 seconds East, a distance of
196.94 feet to a point for corner;
THENCE South 89 degrees 12 minutes 10 seconds West, a distance of
288.51 feet to a point for corner;
THENCE South 29 degrees 00 minutes 50 seconds East, a distance of
109.18 feet to a 1 point for corner;
THENCE South 44 degrees 37 minutes 50 seconds East, a distance of
231.94 feet to a point for corner;
THENCE South 24 degrees 04 minutes 50 seconds East, a distance of
133.89 feet to a point for corner;
THENCE South 35 degrees 57 minutes 50 seconds East, a distance of
98.06 feet to a point for corner;
THENCE South 30 degrees 47 minutes 50 seconds East, a distance of
138.89 feet to a 1/2 inch iron rod with a yellow plastic cap stamped
"DAA" set for corner;
THENCE Southerly with the approximate centerline of a creek the
following six (6) courses and distances:
South 07 degrees 54 minutes 27 seconds West, a distance of 221.82
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
set for corner;
South 05 degrees 16 minutes 01 seconds West, a distance of 180.85
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
set for corner;
South 05 degrees 43 minutes 17 seconds East, a distance of 89.54
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
set for corner;
South 39 degrees 55 minutes 09 seconds East, a distance of 92.89
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
set for corner;
South 28 degrees 43 minutes 21 seconds East, a distance of 54.13
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
set for corner;
South 00 degrees 47 minutes 28 seconds East, a distance of 126.46
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
set at the Northwest corner of a tract of land described in Cause
No. 25281 of the District Court of Ellis County, recorded in Volume
520, Page 609, Deed Records, Ellis County, Texas;
THENCE North 89 degrees 49 minutes 35 seconds East, a distance of
325.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped
"DAA" set at the Northeast corner of said tract described in Cause
No. 25281;
THENCE South 00 degrees 26 minutes 57 seconds East, a distance of
523.52 feet to a 1/2 inch iron rod with a yellow plastic cap stamped
"DAA" set at the Southeast corner of said tract described in Cause
No. 25281, said point being in the South line of a tract of land
described in Deed to Alma Ann Seale, recorded in Volume 693, Page
425, Deed Records, Ellis County, Texas;
THENCE North 89 degrees 00 minutes 13 seconds East, along the South
line of said Seale tract, a distance of 1,737.72 feet to a wood
fence post found for corner;
THENCE South 00 degrees 48 minutes 00 seconds East, along the West
line of said Seale tract and the West line of a tract of land
described in Deed to Alma Ann Seale, recorded in Volume 633, Page
750, Deed Records, Ellis County, Texas, a distance of 3,390.10 feet
to a 1/2 inch iron rod found at the Southwest corner of said Seale
tract recorded in Volume 633, Page 750;
THENCE North 89 degrees 32 minutes 26 seconds East, along the South
line of said Seale tract, a distance of 937.08 feet to a 1/2 inch
iron rod found at the Northwest corner of a tract of land described
in Deed as a Save & Except from said Tract 3 to the City Of
Midlothian And City Of Waxahachie;
THENCE South 03 degrees 09 minutes 09 seconds West, along the West
line of said Save & Except, a distance of 1,370.83 feet to a 2-1/2
inch aluminum disk found for corner;
THENCE South 86 degrees 51 minutes 59 seconds East, along the South
line of said Save & Except, a distance of 799.67 feet to a 2-1/2 inch
aluminum disk found for corner;
THENCE South 03 degrees 09 minutes 18 seconds West, along the West
line of said Save & Except, a distance of 706.20 feet to a 2-1/2 inch
aluminum disk found at the most Southerly Southwest corner of said
Save & Except tract and the Northeast corner of a tract of land
described in Deed to City Of Midlothian And City Of Waxahachie,
recorded in Volume 828, Page 86, Deed Records, Ellis County, Texas,
said point being in the North line of a tract of land described in
Deed to Alma Ann Seale, recorded in Volume 571, Page 811, Deed
Records, Ellis County, Texas;
THENCE South 89 degrees 02 minutes 26 seconds West, along said North
line, a distance of 1,833.21 feet to a 1/2 inch iron rod found for
corner;
THENCE North 00 degrees 46 minutes 36 seconds West, along the most
Westerly East line of said Seale tract, a distance of 790.80 feet to
a 1/2 inch iron rod found for corner;
THENCE North 26 degrees 47 minutes 39 seconds West, a distance of
332.61 feet to a 1/2 inch iron rod found for corner;
THENCE South 89 degrees 26 minutes 15 seconds West, along the North
line of said Seale tract, a distance of 751.98 feet to a 1/2 inch
iron rod with a yellow plastic cap stamped "DAA" set for corner in
the East line of a tract of land described as Tract II in Deed to
Garland Boles, recorded in Volume 996, Page 531, Deed records,
Ellis County, Texas;
THENCE North 10 degrees 15 minutes 25 seconds East, along said East
line, a distance of 30.73 feet to a 1/2 inch iron rod with a yellow
plastic cap stamped "DAA" set at the Northeast corner of said Boles
tract;
THENCE South 83 degrees 14 minutes 25 seconds West, along the North
line of said Bole tract, passing a 5/8 inch iron rod found at a
distance of 8.81 feet, and continuing for a total distance of 279.60
feet to a 1/2 inch iron rod found for corner;
THENCE South 00 degrees 33 minutes 25 seconds West, along the West
line of said Boles tract, a distance of 1,238.49 feet to a 1/2 inch
iron rod found for corner;
THENCE North 88 degrees 29 minutes 08 seconds West, a distance of
88.26 feet to a Texas Department of Transportation aluminum disk
found for corner in the Northeast line of U.S. Highway No. 287, a
variable width right-of-way;
THENCE Northwesterly along said Northeast right-of-way line the
following five (5) courses and distances:
North 48 degrees 39 minutes 02 seconds West, a distance of 692.86
feet to a Texas Department of Transportation aluminum disk found
for corner;
North 44 degrees 56 minutes 29 seconds West, a distance of 2,196.70
feet to a Texas Department of Transportation aluminum disk found
for corner;
North 39 degrees 54 minutes 45 seconds West, a distance of 501.93
feet to a Texas Department of Transportation aluminum disk found
for corner;
North 50 degrees 39 minutes 07 seconds West, a distance of 502.49
feet to a Texas Department of Transportation aluminum disk found
for corner;
North 45 degrees 59 minutes 38 seconds West, a distance of 418.55
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
set for corner in the Southeast line of Lot 1, Block A of Walnut
Grove Center North, an Addition to the City of Midlothian according
to the Plat thereof recorded in Cabinet F, Slide 185, Plat records,
Ellis County, Texas, said point being North 56 degrees 12 minutes 08
seconds East, 0.39 feet from a found 1/2 inch iron rod with a yellow
plastic cap stamped "BRITTAIN & CRAWFORD";
THENCE North 44 degrees 38 minutes 36 seconds East, along the
Southeast line of said Addition, a distance of 432.10 feet to a 1/2
inch iron rod with a yellow plastic cap stamped "BRITTAIN &
CRAWFORD" found at the most Easterly corner of said Addition;
THENCE North 45 degrees 21 minutes 24 seconds West, a distance of
1,300.00 feet to a 1/2 inch iron rod with a yellow plastic cap
stamped "BRITTAIN & CRAWFORD" found at the most Northerly corner of
said Addition;
THENCE North 00 degrees 05 minutes 21 seconds East, a distance of
907.03 feet to a 1/2 inch iron rod found at the Northeast corner of a
tract of land described as Tract 1 in Deed to Sara Jane Properties,
Ltd., recorded in Volume 1808, Page 242, Deed Records, Ellis
County, Texas and the Southeast corner of a tract of land described
in Deed to Sara Jane Properties, Ltd., recorded in Volume 1808, Page
248, Deed Records, Ellis County, Texas;
THENCE North 00 degrees 07 minutes 42 seconds West, a distance of
1,013.26 feet to a 1/2 inch iron rod with a yellow plastic cap
stamped "RPLS 4480" found at the Southeast corner of Lot 2 of Turner
Homestead Estates, an Addition to the City of Midlothian according
to the Plat thereof recorded in Cabinet E, Slide 194, Plat records,
Ellis County, Texas;
THENCE North 00 degrees 02 minutes 12 seconds West, a distance of
604.57 feet to a 1/2 inch iron rod found at the Northeast corner of
Lot 1 of said Addition and the Southeast corner of a tract of land
described in Deed to Stephen M. Guerrero and wife, Melissa M.
Guerrero, recorded in Volume 1657, Page 41, Deed Records, Ellis
County, Texas;
THENCE North 01 degrees 40 minutes 57 seconds West, a distance of
164.79 feet to a 1/2 inch iron rod found at the Northeast corner of
said Guerrero tract;
THENCE South 88 degrees 59 minutes 29 seconds West, along the North
line of said Guerrero tract, a distance of 1,550.61 feet to the
POINT OF BEGINNING and containing 839.041 acres of land, more or
less.
LEGAL DESCRIPTION
TRACT 2:
BEING a tract of land located in the ROBERT HOSFORD SURVEY, ABSTRACT
NO. 533, J.L. BLANTON SURVEY, ABSTRACT NO. 1284 and the JOURDAN
POWERS SURVEY, ABSTRACT NO. 838, Ellis County, Texas and being all
of a tract of land described as Tract 2 in Deed to ECOM Real Estate
Management, Inc., recorded in Volume 1792, Page 136, Deed Records,
Ellis County, Texas and being more particularly described as
follows:
BEGINNING at a point for corner near the approximate centerline of
Walnut Grove Road, a variable width right-of-way, at the most
Westerly Northwest corner of said Tract 2;
THENCE North 88 degrees 33 minutes 24 seconds East, passing at a
distance of 20.61 feet a 3/4 inch iron rod found at the Southwest
corner of a tract of land described in Deed to Joseph L. Rodgers and
wife, Merry Nicol Rodgers, recorded in Volume 845, Page 711, Deed
Records, Ellis County, Texas, and continuing for a total distance
of 1,971.70 feet to a 1/2 inch iron rod with a yellow plastic cap
stamped "DAA" set for corner;
THENCE North 88 degrees 26 minutes 34 seconds East, a distance of
32.90 feet to a 1/2 inch iron rod found at an inner ell corner of
said Tract 2;
THENCE North 00 degrees 06 minutes 53 seconds West, a distance of
1,815.01 feet to an axle found at the most Northerly Northwest
corner of said Tract 2 and the Southwest corner of a tract of land
described in Deed to MCDC, Ltd., L.P., recorded in Volume 1979, page
1154, Deed Records, Ellis County, Texas, said point also being the
Southwest corner of Lot 9, Block 1 of HIDDEN MEADOW, an Addition to
the City of Midlothian, Ellis County, Texas according to the Plat
thereof recorded in Cabinet H, Slide 157, Plat Records, Ellis
County, Texas;
THENCE North 77 degrees 08 minutes 11 seconds East, along the common
line of said Tract 2, said MCDC tract and said Addition, a distance
of 909.33 feet to a 1/2 inch iron rod found at the Most Northerly
Northeast corner of said Tract 2 and the Northwest corner of a tract
of land described in Deed to Charles Fairbanks, Jr., recorded in
Volume 1979, Page 1127, Deed Records, Ellis County, Texas;
THENCE South 07 degrees 01 minutes 08 seconds East, along the common
line of said Tract 2 and said Fairbanks tract, a distance of
1,198.90 feet to a wood fence post found for corner;
THENCE North 89 degrees 41 minutes 59 seconds East, continuing
along the common line of said Tract 2 and said Fairbanks tract, a
distance of 475.12 feet to a point for corner in the West line of a
tract of land described in Deed to Terry G. Weaver, recorded in
Volume 1878, Page 684, Deed Records, Ellis County, Texas, said
point being near the approximate centerline of a creek;
THENCE Southerly with the West line of said Weaver tract and the
approximate centerline of said creek the following three (3)
courses and distances:
South 22 degrees 06 minutes 29 seconds West, a distance of 58.05
feet to a point for corner;
South 09 degrees 30 minutes 50 seconds East, a distance of 342.74
feet to a point for corner;
South 19 degrees 53 minutes 00 seconds East, a distance of 210.41
feet to a point at the Northeast corner of a tract of land described
as Tract 1 in Deed to Richard A. Brouwer and wife, Mary K. Brouwer,
recorded in Volume 2033, Page 377, Deed Records, Ellis County,
Texas;
THENCE along the Northerly and Westerly lines of said Brouwer tract
the following eight (8) courses and distances:
North 72 degrees 02 minutes 30 seconds West, a distance of 58.66
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
set for corner;
North 89 degrees 17 minutes 47 seconds West, a distance of 127.79
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
set for corner;
South 75 degrees 33 minutes 32 seconds West, a distance of 132.00
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
set for corner;
North 61 degrees 42 minutes 14 seconds West, a distance of 33.00
feet to a 1/2 inch iron rod with a yellow plastic cap stamped
"COTTON SURVEYING" found for corner;
South 02 degrees 43 minutes 46 seconds East, a distance of 129.00
feet to a 1/2 inch iron rod found for corner;
South 53 degrees 49 minutes 45 seconds West, a distance of 179.66
feet to a 5/8 inch iron rod found for corner;
South 53 degrees 47 minutes 16 seconds West, a distance of 303.27
feet to a 1/2 inch iron rod found for corner;
South 02 degrees 11 minutes 06 seconds East, a distance of 1,196.11
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
set for the Southeast corner of said Tract 2 and the most Easterly
Northeast corner of a tract of land described as Tract 2 in Deed to
Richard A. Brouwer and wife, Mary K. Brouwer, recorded in Volume
2033, Page 377, Deed Records, Ellis County, Texas, said point being
North 02 degrees 11 minutes 06 seconds West, 30.00 feet from a 1
inch iron pipe found at the Southwest corner of said Brouwer Tract
1;
THENCE along the common line of said ECOM Real Estate Management
Company Tract 2 and said Brouwer Tract 2 the following three courses
and distances:
South 89 degrees 25 minutes 42 seconds West, a distance of 880.81
feet to a 10 inch wood fence post for corner;
North 03 degrees 02 minutes 05 seconds West, a distance of 335.12
feet to a 1/2 inch iron rod found for corner;
South 89 degrees 09 minutes 22 seconds West, a distance of 2,010.01
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
set for corner near the approximate centerline of said Walnut Grove
Road;
THENCE North 01 degrees 34 minutes 39 seconds West, a distance of
1,020.13 feet to the POINT OF BEGINNING and containing 127.324
acres of land, more or less.
FIELD NOTE DESCRIPTION
TRACT 3:
BEING a tract of land situated in the J. H. Witherspoon Survey,
Abstract 1137, the I. Cooper Survey, Abstract No. 226, the Mary T.
Castor Survey, Abstract 236, the James P. Alford Survey, Abstract 7
and the J. H. Witherspoon Survey, Abstract 1136, all of Ellis
County, Texas, said tract being a portion of that tract of land
conveyed to ECOM Real Estate Management, Inc. according to the
document filed of record in Volume 1177, Page 555, Deed Records of
Ellis County, Texas, said tract being more particularly described
as follows:
BEGINNING at a point in the North Line of the M.J. Pogue Survey for
the Southwest corner of said C. L. Williams Survey, same being
common with the most Easterly Southeast corner of said M. T. Castor
Survey;
THENCE North 2 degrees 26 minutes West, along a fence and the Survey
line, 546.60 feet to a point for corner;
THENCE South 50 degrees 01 minutes West, 440.9 feet to a point for
corner;
THENCE South 4 degrees 25 minutes East, 152.3 feet to a point for
corner;
THENCE South 35 degrees 05 minutes West 126.0 feet to a point in the
North line of the M. J. Pogue Survey;
THENCE North 89 degrees 59 minutes West, along a fence and a Survey
line, 392.0 feet to a point for corner;
THENCE South 0 degrees 25 minutes East, along a fence, 886.3 feet to
a point for corner;
THENCE North 89 degrees 52 minutes West, along a fence and the South
line of said Castor Survey, 2412.0 feet to a point for corner being
the Southwest corner of said Castor Survey;
THENCE North 0 degrees 40 minutes West, along a fence and said
Survey line, 1340.58 feet to point on the North side of Plainview
Road;
THENCE South 89 degrees 22 minutes 25 seconds East, 867.34 feet to a
point for corner;
THENCE North 89 degrees 04 minutes 35 seconds East, 346.53 feet to a
point for corner;
THENCE North 89 degrees 50 minutes 13 seconds East, 553.19 feet to a
point for corner at the beginning of a curve to the left having a
radius of 55.57 feet, a central angle of 77 degrees 01 minutes 46
seconds and a chord bearing and distance of North 51 degrees 17
minutes 31 seconds East, 69.21 feet;
With said curve to the left an arc distance of 74.71 feet to a point
for a corner of this tract;
THENCE North 12 degrees 46 minutes 38 seconds East, 416.00 feet to a
point for cornerat the beginning of a curve to the left having a
radius of 1066.97 feet, a central angle of 8 degrees 20 minutes 31
seconds and a chord bearing and distance of North 08 degrees 36
minutes 22 seconds East, 155.21 feet;
With said curve to the left an arc distance of 155.35 feet to a point
for a corner of this tract;
THENCE North 04 degrees 26 minutes 34 seconds East, 435.87 feet to a
point for corner;
THENCE North 3 degrees 18 minutes East, 208.3 feet to a point for
corner;
THENCE North 19 degrees 16 minutes West, 303.3 feet to a point for
corner;
THENCE North 25 degrees 43 minutes East, 289.3 feet to a point for
corner;
THENCE North 0 degrees 45 minutes West, 687.13 feet to a point for
corner in the South Line of the H. & T.C. Railroad;
THENCE South 56 degrees 37 minutes 50 seconds East, with said South
Line, a distance of 2327.68 feet to a point for a corner at the
beginning of a curve to right having a radius of 15566.77 feet, a
central angle of 01 degrees 32 minutes 51 seconds and a chord
bearing and distance of South 55 degrees 04 minutes 32 seconds East,
420.40 feet;
With said curve to the right an arc distance of 420.42 feet to a
point for a corner at the beginning of a curve to the right having
aradius of 2814.79 feet, a central angle of 19 degrees 59 minutes 08
seconds and a chord bearing and distance of South 41 degrees 26
minutes 36 seconds East, 976.87 feet;
With said curve to the right an arc distance of 981.84 feet to a
point for a corner at the beginning of a curve to the right having a
radius of 22649.48 feet, a central angle of 0 degrees 33 minutes 30
seconds and a chord bearing and distance of South 30 degrees 13
minutes 42 seconds East, 220.70 feet;
With said curve to the right an arc distance of 220.71 feet to a
point for a corner;
THENCE South29 degrees 40 minutes 07 seconds East, 561.82 feet to a
point for corner;
THENCE South 89 degrees 47 minutes West, leaving said Railroad
South Line, a distance of 378.59 feet to a point for corner at the
Northeast corner of the M. J. Pogue Survey;
THENCE North 89 degrees 21 minutes West, with the North Line of said
Pogue Survey, a distance of 72.3 feet to the West line of the above
mentioned Cooper Survey;
THENCE North 89 degrees 21 minutes West, with fence and common line
of said Pogue Survey and the above mentioned Geo. L. Williams
Survey, a distance of 1584.9 feet to the POINT OF BEGINNING,
containing 201.01 acres of land, more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
* * * * *