Texas 2013 - 83rd Regular

Texas House Bill HB518 Compare Versions

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1	1	By: Pitts (Senate Sponsor - Birdwell) H.B. No. 518
2	2	(In the Senate - Received from the House April 22, 2013;
3	3	April 22, 2013, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 10, 2013, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 10, 2013, 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 Windsor Hills Municipal Management
11	11	District No. 1; providing authority to issue bonds; providing
12	12	authority to impose assessments and fees.
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 3907A to read as follows:
16	16	CHAPTER 3907A. WINDSOR HILLS MUNICIPAL MANAGEMENT DISTRICT NO. 1
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 3907A.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) "Development agreement" means a development
22	22	agreement between the city and One Windsor Hills, L.P., that
23	23	establishes the standards that apply to development in the
24	24	district, in addition to those contained in zoning, subdivision,
25	25	and other applicable ordinances of the city.
26	26	(4) "Director" means a board member.
27	27	(5) "District" means the Windsor Hills Municipal
28	28	Management District No. 1.
29	29	(6) "Finance plan" means a finance plan between the
30	30	city and the district that includes a general description of
31	31	improvement projects or services that will be financed by the
32	32	district, an estimate of the costs for the improvement projects or
33	33	services, an estimate of the amount of the costs for the improvement
34	34	projects or services that the district will pay directly or that
35	35	will be reimbursed to the developer, and the means of financing
36	36	costs related to the planning, design, construction, improvement,
37	37	maintenance, and operation of the improvement projects or services.
38	38	Sec. 3907A.002. PRECONDITION; EXPIRATION. (a) The district
39	39	may not exercise any powers under this chapter until the
40	40	development agreement is executed.
41	41	(b) This chapter, including Section 3907A.061, expires
42	42	September 1, 2015, if the development agreement and finance plan
43	43	are not executed by that date.
44	44	Sec. 3907A.003. CREATION AND NATURE OF DISTRICT. The
45	45	district is a special district created under Sections 52 and 52-a,
46	46	Article III, and Section 59, Article XVI, Texas Constitution.
47	47	Sec. 3907A.004. PURPOSE; LEGISLATIVE FINDINGS. (a) The
48	48	creation of the district is essential to accomplish the purposes of
49	49	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
50	50	Texas Constitution, and other public purposes stated in this
51	51	chapter. By creating the district and in authorizing the city and
52	52	other political subdivisions to contract with the district, the
53	53	legislature has established a program to accomplish the public
54	54	purposes set out in Section 52-a, Article III, Texas Constitution.
55	55	(b) The creation of the district is necessary to promote,
56	56	develop, encourage, and maintain employment, commerce,
57	57	transportation, housing, tourism, recreation, the arts,
58	58	entertainment, economic development, safety, and the public
59	59	welfare in the district.
60	60	(c) This chapter and the creation of the district may not be
61	61	interpreted to relieve the city from providing the level of
62	62	services provided to the area in the district as of the effective
63	63	date of the Act enacting this chapter. The district is created to
64	64	supplement and not to supplant the city services provided in the
65	65	district.
66	66	Sec. 3907A.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
67	67	(a) The district is created to serve a public use and benefit.
68	68	(b) All land and other property included in the district
69	69	will benefit from the improvements and services to be provided by
70	70	the district under powers conferred by Sections 52 and 52-a,
71	71	Article III, and Section 59, Article XVI, Texas Constitution, and
72	72	other powers granted under this chapter.
73	73	(c) The district is created to accomplish the purposes of a
74	74	municipal management district as provided by general law and
75	75	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
76	76	Texas Constitution.
77	77	(d) The creation of the district is in the public interest
78	78	and is essential to:
79	79	(1) further the public purposes of developing and
80	80	diversifying the economy of the state;
81	81	(2) eliminate unemployment and underemployment; and
82	82	(3) develop or expand transportation and commerce.
83	83	(e) 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 community and business center; and
90	90	(3) promote the health, safety, welfare, and enjoyment
91	91	of the public by providing pedestrian ways and by landscaping and
92	92	developing certain areas in the district, which are necessary for
93	93	the restoration, preservation, and enhancement of scenic beauty.
94	94	(f) Pedestrian ways along or across a street, whether at
95	95	grade or above or below the surface, and street lighting, street
96	96	landscaping, parking, and street art objects are parts of and
97	97	necessary components of a street and are considered to be a street
98	98	or road improvement.
99	99	(g) The district will not act as the agent or
100	100	instrumentality of any private interest even though the district
101	101	will benefit many private interests as well as the public.
102	102	Sec. 3907A.006. DISTRICT TERRITORY. (a) The district is
103	103	composed of the territory described by Section 2 of the Act enacting
104	104	this chapter, as that territory may have been modified under other
105	105	law.
106	106	(b) The boundaries and field notes contained in Section 2 of
107	107	the Act enacting this chapter form a closure. A mistake in the
108	108	field notes or in copying the field notes in the legislative process
109	109	does not affect the district's:
110	110	(1) organization, existence, or validity;
111	111	(2) right to contract;
112	112	(3) authority to borrow money or issue bonds or other
113	113	obligations described by Section 3907A.201 or to pay the principal
114	114	and interest of the bonds or other obligations;
115	115	(4) right to impose or collect an assessment, or
116	116	collect other revenue; or
117	117	(5) legality or operation.
118	118	Sec. 3907A.007. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
119	119	(a) All or any part of the area of the district is eligible to be
120	120	included in:
121	121	(1) a tax increment reinvestment zone created under
122	122	Chapter 311, Tax Code; or
123	123	(2) a tax abatement reinvestment zone created under
124	124	Chapter 312, Tax Code.
125	125	(b) A tax increment reinvestment zone created by the city in
126	126	the district is not subject to the limitations provided by Section
127	127	311.006, Tax Code.
128	128	SUBCHAPTER B. BOARD OF DIRECTORS
129	129	Sec. 3907A.051. GOVERNING BODY; TERMS. The district is
130	130	governed by a board of five voting directors who serve staggered
131	131	terms of four years, with two or three directors' terms expiring May
132	132	31 of each even-numbered year.
133	133	Sec. 3907A.052. QUALIFICATIONS. (a) To be qualified to
134	134	serve as a director appointed by the governing body of the city, a
135	135	person must be:
136	136	(1) a resident of the city who is also a registered
137	137	voter of the city;
138	138	(2) an owner of property in the district; or
139	139	(3) an agent, employee, or tenant of a person
140	140	described by Subdivision (2).
141	141	(b) Section 49.052, Water Code, does not apply to the
142	142	district.
143	143	Sec. 3907A.053. APPOINTMENT OF DIRECTORS. The governing
144	144	body of the city shall appoint directors.
145	145	Sec. 3907A.054. EX OFFICIO DIRECTORS. (a) The following
146	146	persons serve ex officio as nonvoting directors:
147	147	(1) the city manager of the city; and
148	148	(2) the chief financial officer of the city.
149	149	(b) An ex officio director is entitled to speak on a matter
150	150	before the board.
151	151	Sec. 3907A.055. VACANCY. The governing body of the city
152	152	shall fill a vacancy on the board by appointing a person who meets
153	153	the qualifications prescribed by Section 3907A.052.
154	154	Sec. 3907A.056. DIRECTOR'S OATH OR AFFIRMATION. A director
155	155	shall file the director's oath or affirmation of office with the
156	156	district, and the district shall retain the oath or affirmation in
157	157	the district records.
158	158	Sec. 3907A.057. OFFICERS. The board shall elect from among
159	159	the directors a chair, a vice chair, and a secretary.
160	160	Sec. 3907A.058. COMPENSATION; EXPENSES. (a) The district
161	161	may compensate each director in an amount not to exceed $75 for each
162	162	board meeting. The total amount of compensation for each director
163	163	in a calendar year may not exceed $3,000.
164	164	(b) The governing body of the city, by resolution or
165	165	ordinance, may increase:
166	166	(1) the compensation for each director to an amount
167	167	not to exceed $150 for each board meeting; and
168	168	(2) the total compensation for each director to an
169	169	amount not to exceed $6,000 in a calendar year.
170	170	(c) A director is entitled to reimbursement for necessary
171	171	and reasonable expenses incurred in carrying out the duties and
172	172	responsibilities of the board.
173	173	Sec. 3907A.059. LIABILITY INSURANCE. The district may
174	174	obtain and pay for comprehensive general liability insurance
175	175	coverage from a commercial insurance company or other source that
176	176	protects and insures a director against personal liability and from
177	177	all claims relating to:
178	178	(1) actions taken by the director in the director's
179	179	capacity as a member of the board;
180	180	(2) actions and activities taken by the district; or
181	181	(3) the actions of others acting on behalf of the
182	182	district.
183	183	Sec. 3907A.060. BOARD MEETINGS. The board shall hold
184	184	meetings at a place accessible to the public.
185	185	Sec. 3907A.061. INITIAL DIRECTORS. (a) The governing body
186	186	of the city shall appoint the initial directors immediately after
187	187	the effective date of the Act enacting this chapter.
188	188	(b) The governing body shall stagger the terms, with two or
189	189	three directors' terms expiring May 31, 2014, and the remaining
190	190	directors' terms expiring May 31, 2016.
191	191	(c) The term of an initial director does not begin until the
192	192	development agreement and finance plan are executed.
193	193	(d) This section expires September 1, 2018.
194	194	SUBCHAPTER C. POWERS AND DUTIES
195	195	Sec. 3907A.101. GENERAL POWERS AND DUTIES. The district
196	196	has the powers and duties necessary to accomplish the purposes for
197	197	which the district is created.
198	198	Sec. 3907A.102. IMPROVEMENT PROJECTS. The district may
199	199	provide, or it may enter into contracts with a governmental or
200	200	private entity to provide, the improvement projects described by
201	201	Subchapter C-1 or activities in support of or incidental to those
202	202	projects.
203	203	Sec. 3907A.103. WATER DISTRICT POWERS. The district has
204	204	the powers provided by the general laws relating to conservation
205	205	and reclamation districts created under Section 59, Article XVI,
206	206	Texas Constitution, including Chapters 49 and 54, Water Code.
207	207	Sec. 3907A.104. ROAD DISTRICT POWERS. The district has the
208	208	powers provided by the general laws relating to road districts and
209	209	road utility districts created under Section 52(b), Article III,
210	210	Texas Constitution, including Chapters 365 and 441, Transportation
211	211	Code.
212	212	Sec. 3907A.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The
213	213	district has the powers provided by Chapter 372, Local Government
214	214	Code, to a municipality or county.
215	215	Sec. 3907A.106. MUNICIPAL MANAGEMENT DISTRICT POWERS. The
216	216	district has the powers provided by Chapter 375, Local Government
217	217	Code.
218	218	Sec. 3907A.107. CONTRACT POWERS. The district may contract
219	219	with a governmental or private entity, on terms determined by the
220	220	board, to carry out a power or duty authorized by this chapter or to
221	221	accomplish a purpose for which the district is created.
222	222	Sec. 3907A.108. PARKING FACILITIES. (a) The district may
223	223	acquire, lease as lessor or lessee, construct, develop, own,
224	224	operate, and maintain parking facilities or a system of parking
225	225	facilities, including lots, garages, parking terminals, or other
226	226	structures or accommodations for parking motor vehicles off the
227	227	streets and related appurtenances.
228	228	(b) The district's parking facilities serve the public
229	229	purposes of the district and are owned, used, and held for a public
230	230	purpose even if leased or operated by a private entity for a term of
231	231	years.
232	232	(c) The district's parking facilities are necessary
233	233	components of a street and are considered to be a street or road
234	234	improvement.
235	235	(d) The development and operation of the district's parking
236	236	facilities may be considered an economic development program.
237	237	Sec. 3907A.109. NO EMINENT DOMAIN POWER. The district may
238	238	not exercise the power of eminent domain.
239	239	Sec. 3907A.110. NO TOLL ROADS. The district may not
240	240	construct, acquire, maintain, or operate a toll road.
241	241	SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES
242	242	Sec. 3907A.151. IMPROVEMENT PROJECTS AND SERVICES. The
243	243	district may provide, design, construct, acquire, improve,
244	244	relocate, operate, maintain, or finance an improvement project or
245	245	service using money available to the district, or contract with a
246	246	governmental or private entity to provide, design, construct,
247	247	acquire, improve, relocate, operate, maintain, or finance an
248	248	improvement project or service authorized under this chapter or
249	249	Chapter 375, Local Government Code.
250	250	Sec. 3907A.152. BOARD DETERMINATION REQUIRED. The district
251	251	may not undertake an improvement project or service unless the
252	252	board determines the project or service:
253	253	(1) is necessary to accomplish a public purpose of the
254	254	district; and
255	255	(2) complies with the development agreement or the
256	256	parties to the development agreement agree to the project or
257	257	service, in writing.
258	258	Sec. 3907A.153. IMPROVEMENT PROJECT AND SERVICE IN
259	259	DEFINABLE AREA. The district may undertake an improvement project
260	260	or service that confers a special benefit on a definable area in the
261	261	district and levy and collect a special assessment on benefited
262	262	property in the district in accordance with:
263	263	(1) Chapter 372, Local Government Code;
264	264	(2) Chapter 375, Local Government Code; or
265	265	(3) both chapters.
266	266	Sec. 3907A.154. CONTRACTS. A contract to design,
267	267	construct, acquire, improve, relocate, operate, maintain, or
268	268	finance an improvement project is considered a contract for a good
269	269	or service under Subchapter I, Chapter 271, Local Government Code.
270	270	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
271	271	Sec. 3907A.201. BORROWING MONEY; OBLIGATIONS. (a) The
272	272	district may borrow money for a district purpose by issuing bonds,
273	273	notes, time warrants, or other obligations, or by entering into a
274	274	contract payable wholly or partly from an assessment, a contract
275	275	payment, a grant, district revenue, or a combination of these
276	276	sources.
277	277	(b) An obligation described by Subsection (a):
278	278	(1) may bear interest at a rate determined by the
279	279	board; and
280	280	(2) may include a term or condition as determined by
281	281	the board.
282	282	Sec. 3907A.202. COMPLIANCE WITH DEVELOPMENT AGREEMENT AND
283	283	FINANCE PLAN. Before the district issues, enters into, or pays an
284	284	obligation under Section 3907A.201:
285	285	(1) the obligation must be authorized by the finance
286	286	plan; and
287	287	(2) the city must provide written notice to the
288	288	district that no party to the development agreement is in default as
289	289	of the date the district is authorized to issue or enter into the
290	290	obligation.
291	291	Sec. 3907A.203. ISSUER POWERS FOR CERTAIN PUBLIC
292	292	IMPROVEMENTS. The district may exercise any power of an issuer
293	293	under Chapter 1371, Government Code.
294	294	Sec. 3907A.204. ASSESSMENTS. The district may impose an
295	295	assessment on property in the district to pay for an obligation
296	296	described by Section 3907A.201 in the manner provided for:
297	297	(1) a district under Subchapters A, E, and F, Chapter
298	298	375, Local Government Code; or
299	299	(2) a municipality or county under Subchapter A,
300	300	Chapter 372, Local Government Code.
301	301	Sec. 3907A.205. TAX AND ASSESSMENT ABATEMENTS. The district
302	302	may designate reinvestment zones and may grant abatements of a tax
303	303	or assessment on property in the zones.
304	304	Sec. 3907A.206. DISBURSEMENTS AND TRANSFERS OF MONEY. The
305	305	board by resolution shall establish the number of directors'
306	306	signatures and the procedure required for a disbursement or
307	307	transfer of the district's money.
308	308	Sec. 3907A.207. RESIDENTIAL PROPERTY NOT EXEMPT. Section
309	309	375.161, Local Government Code, does not apply to the district.
310	310	Sec. 3907A.208. NO AD VALOREM TAX. The district may not
311	311	impose an ad valorem tax.
312	312	SUBCHAPTER E. DISSOLUTION
313	313	Sec. 3907A.251. DISSOLUTION BY CITY ORDINANCE. (a) The
314	314	governing body of the city may dissolve the district by ordinance.
315	315	(b) The governing body may not dissolve the district until:
316	316	(1) the district's outstanding debt or other
317	317	obligations have been repaid, assumed, or discharged, including the
318	318	defeasance of any outstanding bonds or other obligations through
319	319	the issuance of debt by the city; and
320	320	(2) each party to the development agreement and the
321	321	finance plan fulfills the party's obligations under the agreement
322	322	and the plan, including a district obligation to reimburse a
323	323	developer or owner for the costs of an improvement project or
324	324	service.
325	325	Sec. 3907A.252. COLLECTION OF ASSESSMENTS AND OTHER
326	326	REVENUE. If the governing body of the city dissolves the district
327	327	and assumes the outstanding bonds or other obligations of the
328	328	district secured by and payable from assessments or other revenue:
329	329	(1) the city shall, in the same manner as the district,
330	330	enforce and collect the assessments or other revenue to pay:
331	331	(A) the bonds or other obligations when due and
332	332	payable; or
333	333	(B) special revenue or assessment bonds or other
334	334	obligations issued by the city to refund the outstanding bonds or
335	335	obligations of the district; and
336	336	(2) the board shall transfer ownership of all district
337	337	property to the city.
338	338	SECTION 2. The Windsor Hills Municipal Management District
339	339	No. 1 initially includes all the territory contained in the
340	340	following area:
341	341	TRACT ONE
342	342	BEING a tract of land out of the JOSEPH STEWART Survey,
343	343	Abstract Number 961, M.E.P. & P.R.R. COMPANY Survey, Abstract
344	344	Number 761, JAMES JONES Survey, Abstract Number 583, ALLEN REEVES
345	345	Survey, Abstract Number 939 and the B.F. BERRY Survey, Abstract
346	346	Number 1547 and being part of a tract of land described to One
347	347	Windsor Hills L.P. as recorded in Volume 2199, Page 2425, Volume
348	348	2181, Page 1640 and Volume 2206, Page 1415, Deed Records, Ellis
349	349	County, Texas, and being more particularly described by metes and
350	350	bounds as follows:
351	351	BEGINNING at the northwesterly corner of a tract of land
352	352	described to One Windsor Hills L.P. in Volume 2206, Page 1415, Deed
353	353	Records, Ellis County, Texas, and the southwesterly corner of a
354	354	tract of land described to Suburban Residential, L.P. as recorded
355	355	in Volume 2061, Page 1487, Deed Records, Ellis County, Texas, said
356	356	point also being in the easterly right-of-way of U.S. Highway
357	357	Number 287 (a variable width right-of-way).
358	358	THENCE North 59°34'56" East along said common line and
359	359	departing said east right-of-way line passing at a distance of
360	360	223.98 feet the easterly line of said Suburban Residential, L.P.
361	361	tract and the westerly line of said tract of land described to One
362	362	Windsor Hills, L.P. in Volume 2181, Page 1640 in all a total
363	363	distance of 2878.85 feet to a point for corner;
364	364	THENCE North 30°22'31" West, a distance of 623.90 feet to a
365	365	point for corner;
366	366	THENCE North 81°43'06" East, a distance of 488.08 feet to a
367	367	point for corner;
368	368	THENCE North 72°00'40" East, a distance of 320.19 feet to a
369	369	point for corner;
370	370	THENCE North 71°30'14" East, a distance of 275.16 feet to a
371	371	point for corner;
372	372	THENCE North 60°21'33" East, a distance of 306.11 feet to a
373	373	point for corner;
374	374	THENCE North 60°52'42" East, a distance of 324.51 feet to a
375	375	point for corner;
376	376	THENCE North 62°51'56" East, a distance of 737.24 feet to a
377	377	point for corner;
378	378	THENCE North 77°31'00" East, a distance of 184.84 feet to a
379	379	point for corner;
380	380	THENCE South 54°36'52" East, a distance of 94.36 feet to a
381	381	point for corner;
382	382	THENCE South 45°11'54" East, a distance of 143.80 feet to a
383	383	point for corner;
384	384	THENCE North 00°06'23" East, a distance of 2809.23 feet to a
385	385	point for corner, said point being at the beginning of tangent curve
386	386	to the right whose chord bears North 04°50'09" East, and a chord
387	387	length of 454.89;
388	388	THENCE in a northeasterly direction with said curve to the
389	389	right having a central angle 09°5305", with a radius of 2640.00
390	390	feet, an arc length of 455.45 feet to a point for corner, said point
391	391	being in the northeasterly line of said tract of land described to
392	392	One Windsor Hills, L.P. in Volume 2199, Page 2425, and southerly
393	393	line of a tract of land described to JAS Holdings, L.L.C. as
394	394	recorded in Volume 2051, Page 2082, Deed Records, Ellis County,
395	395	Texas;
396	396	THENCE North 88°55'17" East, along said common line a distance
397	397	of 627.82 feet to a point for corner;
398	398	THENCE South 01°20'17" East continuing along said common line
399	399	a distance of 491.92 feet to a point for corner;
400	400	THENCE North 87°52'20' East continuing along said common line
401	401	a distance of 765.58 feet to a point for corner;
402	402	THENCE North 89°07'31" East continuing along said common line
403	403	a distance of 1045.64 feet to a point for corner said point being in
404	404	the apparent westerly line of Quarry Road (a variable width
405	405	right-of-way);
406	406	THENCE along said Quarry Road the following calls: South
407	407	00°31'02" East, a distance of 2176.51 feet to a point for corner;
408	408	South 00°12'55" West, a distance of 619.03 feet to a point for
409	409	corner; South 00°11'45" West, a distance of 2361.69 feet to a point
410	410	for corner, said point being the northerly line of a tract of land
411	411	described to Fulson Midlothian Partners L.P., in Volume 2220, Page
412	412	0194, Deed Records, Ellis County, Texas;
413	413	THENCE South 73°40'45" West, departing said Quarry Road, a
414	414	distance of 1024.70 feet to a point for corner, said point being in
415	415	the easterly line of said tract of land described to One Windsor
416	416	Hills, L.P. in Volume 2206, Page 1415, and the northerly line of
417	417	said Fulson Midlothian Partners L.P. tract;
418	418	THENCE South 30°37'38" East, continuing along said common
419	419	line a distance of 350.99 feet to a point for corner;
420	420	THENCE South 59°15'58" West, continuing along said common
421	421	line a distance of 3738.60 feet to a point for corner;
422	422	THENCE South 00°20'54" West, continuing along said common
423	423	line a distance of 423.54 feet to a point for corner, said point
424	424	being in the said northerly right-of-way line of U.S. Highway
425	425	Number 287;
426	426	THENCE along said northerly right-of-way line of U.S. Highway
427	427	Number 287 the following calls: North 63°06'06" West, a distance of
428	428	291.86 feet to a point for corner; North 59°56'14" West, a distance
429	429	of 490.32 feet to a point for corner; North 57°00'04" West, a
430	430	distance of 447.27 feet to a point for corner; North 56°34'07" West,
431	431	a distance of 486.37 feet to a point for corner; North 50°47'17"
432	432	West, a distance of 387.41 feet to a point for corner; North
433	433	49°12'36" West, a distance of 604.08 feet to a point for corner;
434	434	North 48°29'20" West, a distance of 123.15 feet to a point for
435	435	corner, said point being in the southeasterly line of a tract of
436	436	land described to City of Midlothian, Cause Number 04-C-3616 County
437	437	Court of Law, Ellis County, Texas;
438	438	THENCE North 41°28'19" East, departing the said northerly
439	439	right-of-way line of U.S Highway 287, a distance of 100.00 feet to a
440	440	point for corner;
441	441	THENCE North 48°53'44" West continuing along said common line
442	442	a distance of 99.72 feet to a point for corner;
443	443	THENCE South 41°38'09" West continuing along said common line
444	444	a distance of 99.36 feet to a point for corner, said point being in
445	445	the said northerly right-of-way line of U.S. Highway 287;
446	446	THENCE along said northerly right-of-way line of U.S. Highway
447	447	Number 287 the following calls: North 48°36'14" West, a distance of
448	448	247.58 feet to a point for corner; North 42°50'51" West, a distance
449	449	of 458.34 feet to a point for corner; North 51°04'02" West, a
450	450	distance of 466.39 feet to a point for corner; North 27°30'07" West,
451	451	a distance of 3.46 feet to the POINT OF BEGINNING, containing
452	452	29,532,612 square feet or 677.97 acres, more or less.
453	453	TRACT TWO
454	454	BEING a tract of land out of thee ALLEN REEVES Survey,
455	455	Abstract Number 939 and being part of a tract of land described to
456	456	One Windsor Hills L.P. as recorded in Volume 2202, Page 2425, Deed
457	457	Records, Ellis County, Texas, and being more particularly described
458	458	by metes and bounds as follows:
459	459	BEGINNING at the southeasterly corner of a tract of land
460	460	described to One Windsor Hills L.P. Tract 2 in Volume 2202, Page
461	461	1295, Deed Records, Ellis County, Texas, said point also being in
462	462	the southwesterly line of a tract of land described to City of
463	463	Midlothian in Volume 491, Page 081, Deed Records, Ellis County,
464	464	Texas, said point also being in the apparent northerly line of Auger
465	465	Road (a variable width right-of-way);
466	466	THENCE along said northerly line of Auger Road the following
467	467	calls: South 81°59'52" West, a distance of 520.79 feet to a point for
468	468	corner; North 84°51'18" West, a distance of 617.43 feet to a point
469	469	for corner; South 79°50'03" West, a distance of 442.41 feet to a
470	470	point for corner, said point also being in the apparent easterly
471	471	line of Quarry Road (a variable width right-of-way) and also being
472	472	in the westerly line of said One Windsor Hills, L.P. Tract Two;
473	473	THENCE North 00°09'14" West, a distance of 2342.31 feet to a
474	474	point for corner, said point being in the southwesterly line of a
475	475	tract of land described to North Texas Cement Company in Volume 846,
476	476	Page 138, Deed Records, Ellis County, Texas;
477	477	THENCE North 88°56'09" East departing said easterly line of
478	478	Quarry Road and continuing along said common line a distance of
479	479	563.53 feet to a point for corner;
480	480	THENCE North 00°21'10" West, continuing along said common
481	481	line a distance of 250.88 feet to a point for corner;
482	482	THENCE North 89°56'37" East, a distance of 2097.82 feet to
483	483	appoint for corner, said point being in the westerly line of a tract
484	484	of land described to City of Midlothian in Volume 2451, Page 0414,
485	485	Deed Records, Ellis County, Texas;
486	486	THENCE South 00°22'22" East, continuing along said common
487	487	line a distance of 1414.75 feet to a point for corner;
488	488	THENCE South 89°25'13" West, a distance of 563.27 feet to a
489	489	point for corner;
490	490	THENCE South 36°57'24" West, a distance of 156.39 feet to a
491	491	point for corner;
492	492	THENCE South 42°37'28" West, a distance of 220.86 feet to a
493	493	point for corner;
494	494	THENCE South 17°07'08" West, a distance of 110.49 feet to a
495	495	point for corner;
496	496	THENCE South 29°56'28" West, a distance of 283.81 feet to a
497	497	point for corner;
498	498	THENCE South 83°24'38" West, a distance of 135.84 feet to a
499	499	point for corner.
500	500	THENCE South 02°33'31" East, a distance of 435.91 feet to the
501	501	POINT OF BEGINNING, containing 5,604,605 square feet or 128.66
502	502	acres, more or less.
503	503	TRACT THREE
504	504	BEING a tract of land out of the ALLEN REEVES Survey, Abstract
505	505	Number 939 and being part of a tract of land described to Jas
506	506	Holdings, LLC, as recorded in Volume 2051, Page 2082, Deed Records,
507	507	Ellis County, Texas, and being more particularly described by metes
508	508	and bounds as follows:
509	509	BEGINNNG at the northwesterly line of said Holdings tract,
510	510	said point being at the intersection of the southerly line of Gifco
511	511	Road and the westerly line of Quarry Road;
512	512	THENCE South 06°40'47" West, a distance of 443.05 feet to a
513	513	point for corner;
514	514	THENCE South 06°09'13" East, a distance of 220.20 feet to a
515	515	point for corner;
516	516	THENCE South 10°13'13" East, a distance of 536.49 feet to a
517	517	point for corner;
518	518	THENCE South 08°58'47" West, a distance of 136.00 feet to a
519	519	point for corner;
520	520	THENCE South 10°19'36" West, a distance of 210.10 feet to a
521	521	point for corner;
522	522	THENCE South 00°07'52" East, a distance of 565.79 feet to a
523	523	point for corner, said point being in the southerly line of said
524	524	Holdings tract and the northerly line of a tract of land described
525	525	to One Windsor Hills, L.P. as recorded in Volume 2199, Page 2425,
526	526	Deed Records, Ellis County, Texas;
527	527	THENCE with said common line the following calls: South
528	528	89°07'31" West, a distance of 1045.64 feet to a point for corner;
529	529	South 87°52'20" West, a distance of 765.58 feet to a point for
530	530	corner; North 01°20'17" West, a distance of 491.92 feet to a point
531	531	for corner; South 88°55'27" West, a distance of 627.82 feet to a
532	532	point for corner, said point being at the beginning of a non-tangent
533	533	curve to the right whose chord bears North 31°16'58" East, a
534	534	distance of 1935.46 feet;
535	535	THENCE in a northeasterly direction with said non-tangent
536	536	curve to the right having a central angle of 43°00'28", with a radius
537	537	of 2640.00 feet, an arc length of 1981.66 feet to a point for
538	538	corner, said point being in the northerly line of said Holdings
539	539	tract;
540	540	THENCE North 89°50'10" East, along the northerly line of said
541	541	Holdings tract a distance of 1436.81 feet to the POINT OF BEGINNING,
542	542	containing 4,273,854 square feet or 98.11 acres, more or less.
543	543	SECTION 3. (a) The legal notice of the intention to
544	544	introduce this Act, setting forth the general substance of this
545	545	Act, has been published as provided by law, and the notice and a
546	546	copy of this Act have been furnished to all persons, agencies,
547	547	officials, or entities to which they are required to be furnished
548	548	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
549	549	Government Code.
550	550	(b) All requirements of the constitution and laws of this
551	551	state and the rules and procedures of the legislature with respect
552	552	to the notice, introduction, and passage of this Act have been
553	553	fulfilled and accomplished.
554	554	SECTION 4. This Act takes effect September 1, 2013.
555	555	* * * * *