85R27002 SMT-F
By: Wray H.B. No. 3136
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Windsor Hills Municipal Management
District No. 1; providing authority to issue bonds; providing
authority to impose assessments.
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 3946 to read as follows:
CHAPTER 3946. WINDSOR HILLS MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3946.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Midlothian, Texas.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Development agreement" means a development
agreement between the city and One Windsor Hills, L.P., that
establishes the standards that apply to development in the district
and includes zoning provisions for the district that allow a
maximum of 545 residential units.
(5) "Director" means a board member.
(6) "District" means the Windsor Hills Municipal
Management District No. 1.
(7) "Finance plan" means a finance plan between the
city and the district that includes a general description of
proposed improvement projects that will be financed by the
district, an estimate of the costs for the proposed improvement
projects, and the means of financing costs related to the planning,
design, construction, and improvement of the proposed improvement
projects.
Sec. 3946.002. PRECONDITION; EXPIRATION. (a) The district
may not exercise any powers under this chapter until the
development agreement and finance plan are executed.
(b) This chapter, including Section 3946.052, expires
September 1, 2019, if the development agreement and finance plan
are not executed by that date.
Sec. 3946.003. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Section 59, Article
XVI, Texas Constitution.
Sec. 3946.004. PURPOSE; LEGISLATIVE FINDINGS. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city from providing the level of
services provided to the area in the district as of the effective
date of the Act enacting this chapter. The district is created to
supplement and not to supplant the city services provided in the
district.
Sec. 3946.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The district is created to accomplish the purposes of a
municipal management district as provided by general law and
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
(d) The creation of the district is in the public interest
and is essential to 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.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a 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.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(g) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3946.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to contract;
(3) authority to borrow money or issue any type of
bonds or other obligations for a purpose for which the district is
created;
(4) right to impose or collect an assessment, or
collect other revenue; or
(5) legality or operation.
Sec. 3946.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICT LAW. Except as provided by this chapter, Chapter 375,
Local Government Code, applies to the district.
Sec. 3946.008. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The initial directors shall hold an election to confirm
the creation of the district and to elect five permanent directors
as provided by Section 49.102, Water Code.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3946.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 3946.052, directors serve
staggered four-year terms, with two or three directors' terms
expiring May 31 of each even-numbered year.
Sec. 3946.052. INITIAL DIRECTORS. (a) The initial board
consists of:
(1) John Malloy;
(2) Jon Hendrickson;
(3) Suzanne Disette;
(4) Katie Martin Brown; and
(5) Christopher Alan Cain.
(b) Initial directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 3946.008; or
(2) June 1, 2021.
(c) If permanent directors have not been elected and the
terms of the initial directors have expired, successor directors
shall be appointed or reappointed as provided by Subsection (d) to
serve terms that expire on the earlier of:
(1) the date permanent directors are elected under
Section 3946.008; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor directors the five persons named in
the petition. The commission shall appoint as successor directors
the five persons named in the petition.
Sec. 3946.053. ELIGIBILITY. To be qualified to serve as a
director, a person must meet the qualifications prescribed by
Section 375.063, Local Government Code.
Sec. 3946.054. EX OFFICIO DIRECTORS. (a) The following
persons serve ex officio as nonvoting directors:
(1) the city manager of the city; and
(2) the chief financial officer of the city.
(b) An ex officio director is entitled to speak on a matter
before the board.
Sec. 3946.055. VACANCY. A vacancy on the board shall be
filled by the remaining members of the board for the unexpired term.
Sec. 3946.056. 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. 3946.057. OFFICERS. The board shall elect from among
the directors a chair, a vice chair, and a secretary.
Sec. 3946.058. COMPENSATION; EXPENSES. (a) The district
may compensate each director in an amount not to exceed $75 for each
board meeting. The total amount of compensation for each director
in a calendar year may not exceed $3,000.
(b) The governing body of the city, by resolution or
ordinance, may increase:
(1) the compensation for each director to an amount
not to exceed $150 for each board meeting; and
(2) the total compensation for each director to an
amount not to exceed $7,200 in a calendar year.
(c) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of the board.
Sec. 3946.059. 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. 3946.060. CONFLICTS OF INTEREST. Chapter 171, Local
Government Code, governs conflicts of interest of directors.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3946.101. IMPROVEMENT PROJECTS. (a) The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, the improvement projects described by
Subchapter D.
(b) An improvement project authorized under this chapter
may be located inside or outside the district.
Sec. 3946.102. 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. 3946.103. NAME CHANGE; NOTICE. (a) The board by
resolution may change the district's name.
(b) The board shall give written notice of a name change to
the city.
Sec. 3946.104. 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. 3946.105. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. IMPROVEMENT PROJECTS AND SERVICES
Sec. 3946.151. IMPROVEMENT PROJECTS AND SERVICES. Except
as otherwise provided by this chapter, the district may provide, or
contract with a governmental or private entity to provide, water,
wastewater, drainage, or roadway projects, or related projects and
services.
Sec. 3946.152. BOARD DETERMINATION REQUIRED. The district
may not undertake an improvement project unless the board
determines the project is necessary to accomplish a public purpose
of the district.
Sec. 3946.153. 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's streets, highways,
rights-of-way, or easements without the consent of the city.
Sec. 3946.154. ADDITIONAL CITY POWERS REGARDING
IMPROVEMENT PROJECTS. (a) Except as otherwise provided by an
agreement between the district and the city, the city may:
(1) by ordinance, order, resolution, or other
directive require that title to all or any portion of an improvement
project vest in the city; or
(2) by ordinance, order, 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 or resolution adopted under this section.
SUBCHAPTER E. CONTRACTS
Sec. 3946.201. GENERAL CONTRACT POWERS. The district may
contract with any person to accomplish any district purpose.
Sec. 3946.202. 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 or any other person.
Sec. 3946.203. 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. 3946.204. 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. 3946.205. NO FURTHER CONTRACT AUTHORIZATION REQUIRED.
Any person, including the city, may contract with the district to
carry out the purposes of this chapter without further statutory or
other kind of authorization.
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS
Sec. 3946.251. DEVELOPMENT AGREEMENT REQUIRED TO BORROW
MONEY OR IMPOSE ASSESSMENTS. Before the district may issue bonds,
impose assessments, or borrow money, the district must obtain from
the city confirmation that no defaults under the development
agreement are known.
Sec. 3946.252. 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 assessments or any other district revenue.
Sec. 3946.253. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue, by public or private sale, bonds, notes, or
other obligations payable wholly or partly from assessments in the
manner provided by Subchapter J, Chapter 375, Local Government
Code.
(b) If the improvements financed by an obligation will be
conveyed to or operated and maintained by a municipality or retail
utility provider pursuant to an agreement between the district and
the municipality or retail utility provider entered into before the
issuance of the obligation, the obligation may be issued in the
manner provided by Subchapter A, Chapter 372, Local Government
Code.
(c) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
(d) 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 improvement revenue or from any other source.
Sec. 3946.254. BOND MATURITY. Bonds may mature not more
than 40 years from their date of issue.
Sec. 3946.255. ISSUER POWERS FOR CERTAIN PUBLIC
IMPROVEMENTS. The district may exercise any power of an issuer
under Chapter 1371, Government Code.
Sec. 3946.256. GENERAL POWERS REGARDING PAYMENT OF DISTRICT
BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or
secure the payment or repayment of any bond, note, or other
temporary or permanent obligation or reimbursement or other
contract with any person and the costs and expenses of the
establishment, administration, and operation of the district and
the district's costs or share of the costs or revenue of an
improvement project or district contractual obligation or debt by:
(1) a lease, installment purchase contract, or other
agreement; or
(2) any other revenue or resources of the district or
other revenue authorized by the city, including revenue from a tax
increment reinvestment zone created by the city.
Sec. 3946.257. ASSESSMENTS. (a) The district may impose an
assessment on property in the district to pay the cost of any
authorized district improvement or to pay the costs of establishing
and operating the district 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 may not exceed the equivalent of 43 cents
per $100 of valuation on the average residential lot in the
district.
(c) 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.
(d) 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.
(e) 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.
Sec. 3946.258. COSTS FOR IMPROVEMENT PROJECTS. The
district may undertake separately or jointly with other persons,
including the city, all or part of the cost of an improvement
project, including an improvement project that confers a general
benefit on the entire district or a special benefit on a definable
part of the district.
Sec. 3946.259. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to the district.
Sec. 3946.260. NO IMPACT FEES. The district may not impose
an impact fee.
Sec. 3946.261. NO AD VALOREM TAX. The district may not
impose an ad valorem tax.
SUBCHAPTER G. DISSOLUTION
Sec. 3946.301. DISSOLUTION BY CITY ORDINANCE. (a) The city
by ordinance may dissolve the district.
(b) The city may not dissolve the district until:
(1) the district's outstanding debt or other
obligations have been repaid, assumed, or discharged, including the
defeasance of any outstanding bonds or other obligations through
the issuance of debt by the city; and
(2) each party to the development agreement fulfills
the party's obligations under the agreement and the plan, including
a district obligation to reimburse a developer or owner for the
costs of an improvement project or service.
Sec. 3946.302. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
(a) If the dissolved district has bonds or other obligations
outstanding secured by and payable from assessments or other
revenue, the city shall succeed to the rights and obligations of the
district regarding enforcement and collection of the assessments or
other revenue.
(b) The city shall have and exercise all district powers to
enforce and collect the assessments or other revenue to pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) special revenue or assessment bonds or other
obligations issued by the city to refund the outstanding bonds or
obligations.
Sec. 3946.303. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
After the city dissolves the district, the city assumes, subject to
the appropriation and availability of funds, 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 Windsor Hills Municipal Management District
No. 1 initially includes all the territory contained in the
following area:
TRACT ONE
BEING a tract of land out of the JOSEPH STEWART Survey,
Abstract Number 961, M.E.P. & P.R.R. COMPANY Survey, Abstract
Number 761, JAMES JONES Survey, Abstract Number 583, ALLEN REEVES
Survey, Abstract Number 939 and the B.F. BERRY Survey, Abstract
Number 1547 and being part of a tract of land described to One
Windsor Hills L.P. as recorded in Volume 2199, Page 2425, Volume
2181, Page 1640 and Volume 2206, Page 1415, Deed Records, Ellis
County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at the northwesterly corner of a tract of land
described to One Windsor Hills L.P. in Volume 2206, Page 1415, Deed
Records, Ellis County, Texas, and the southwesterly corner of a
tract of land described to Suburban Residential, L.P. as recorded
in Volume 2061, Page 1487, Deed Records, Ellis County, Texas, said
point also being in the easterly right-of-way of U.S. Highway
Number 287 (a variable width right-of-way).
THENCE North 59°34'56" East along said common line and
departing said east right-of-way line passing at a distance of
223.98 feet the easterly line of said Suburban Residential, L.P.
tract and the westerly line of said tract of land described to One
Windsor Hills, L.P. in Volume 2181, Page 1640 in all a total
distance of 2878.85 feet to a point for corner;
THENCE North 30°22'31" West, a distance of 623.90 feet to a
point for corner;
THENCE North 81°43'06" East, a distance of 488.08 feet to a
point for corner;
THENCE North 72°00'40" East, a distance of 320.19 feet to a
point for corner;
THENCE North 71°30'14" East, a distance of 275.16 feet to a
point for corner;
THENCE North 60°21'33" East, a distance of 306.11 feet to a
point for corner;
THENCE North 60°52'42" East, a distance of 324.51 feet to a
point for corner;
THENCE North 62°51'56" East, a distance of 737.24 feet to a
point for corner;
THENCE North 77°31'00" East, a distance of 184.84 feet to a
point for corner;
THENCE South 54°36'52" East, a distance of 94.36 feet to a
point for corner;
THENCE South 45°11'54" East, a distance of 143.80 feet to a
point for corner;
THENCE North 00°06'23" East, a distance of 2809.23 feet to a
point for corner, said point being at the beginning of tangent curve
to the right whose chord bears North 04°50'09" East, and a chord
length of 454.89;
THENCE in a northeasterly direction with said curve to the
right having a central angle 09°5305", with a radius of 2640.00
feet, an arc length of 455.45 feet to a point for corner, said point
being in the northeasterly line of said tract of land described to
One Windsor Hills, L.P. in Volume 2199, Page 2425, and southerly
line of a tract of land described to JAS Holdings, L.L.C. as
recorded in Volume 2051, Page 2082, Deed Records, Ellis County,
Texas;
THENCE North 88°55'17" East, along said common line a distance
of 627.82 feet to a point for corner;
THENCE South 01°20'17" East continuing along said common line
a distance of 491.92 feet to a point for corner;
THENCE North 87°52'20' East continuing along said common line
a distance of 765.58 feet to a point for corner;
THENCE North 89°07'31" East continuing along said common line
a distance of 1045.64 feet to a point for corner said point being in
the apparent westerly line of Quarry Road (a variable width
right-of-way);
THENCE along said Quarry Road the following calls: South
00°31'02" East, a distance of 2176.51 feet to a point for corner;
South 00°12'55" West, a distance of 619.03 feet to a point for
corner; South 00°11'45" West, a distance of 2361.69 feet to a point
for corner, said point being the northerly line of a tract of land
described to Fulson Midlothian Partners L.P., in Volume 2220, Page
0194, Deed Records, Ellis County, Texas;
THENCE South 73°40'45" West, departing said Quarry Road, a
distance of 1024.70 feet to a point for corner, said point being in
the easterly line of said tract of land described to One Windsor
Hills, L.P. in Volume 2206, Page 1415, and the northerly line of
said Fulson Midlothian Partners L.P. tract;
THENCE South 30°37'38" East, continuing along said common
line a distance of 350.99 feet to a point for corner;
THENCE South 59°15'58" West, continuing along said common
line a distance of 3738.60 feet to a point for corner;
THENCE South 00°20'54" West, continuing along said common
line a distance of 423.54 feet to a point for corner, said point
being in the said northerly right-of-way line of U.S. Highway
Number 287;
THENCE along said northerly right-of-way line of U.S. Highway
Number 287 the following calls: North 63°06'06" West, a distance of
291.86 feet to a point for corner; North 59°56'14" West, a distance
of 490.32 feet to a point for corner; North 57°00'04" West, a
distance of 447.27 feet to a point for corner; North 56°34'07" West,
a distance of 486.37 feet to a point for corner; North 50°47'17"
West, a distance of 387.41 feet to a point for corner; North
49°12'36" West, a distance of 604.08 feet to a point for corner;
North 48°29'20" West, a distance of 123.15 feet to a point for
corner, said point being in the southeasterly line of a tract of
land described to City of Midlothian, Cause Number 04-C-3616 County
Court of Law, Ellis County, Texas;
THENCE North 41°28'19" East, departing the said northerly
right-of-way line of U.S Highway 287, a distance of 100.00 feet to a
point for corner;
THENCE North 48°53'44" West continuing along said common line
a distance of 99.72 feet to a point for corner;
THENCE South 41°38'09" West continuing along said common line
a distance of 99.36 feet to a point for corner, said point being in
the said northerly right-of-way line of U.S. Highway 287;
THENCE along said northerly right-of-way line of U.S. Highway
Number 287 the following calls: North 48°36'14" West, a distance of
247.58 feet to a point for corner; North 42°50'51" West, a distance
of 458.34 feet to a point for corner; North 51°04'02" West, a
distance of 466.39 feet to a point for corner; North 27°30'07" West,
a distance of 3.46 feet to the POINT OF BEGINNING, containing
29,532,612 square feet or 677.97 acres, more or less.
TRACT TWO
BEING a tract of land out of thee ALLEN REEVES Survey,
Abstract Number 939 and being part of a tract of land described to
One Windsor Hills L.P. as recorded in Volume 2202, Page 2425, Deed
Records, Ellis County, Texas, and being more particularly described
by metes and bounds as follows:
BEGINNING at the southeasterly corner of a tract of land
described to One Windsor Hills L.P. Tract 2 in Volume 2202, Page
1295, Deed Records, Ellis County, Texas, said point also being in
the southwesterly line of a tract of land described to City of
Midlothian in Volume 491, Page 081, Deed Records, Ellis County,
Texas, said point also being in the apparent northerly line of Auger
Road (a variable width right-of-way);
THENCE along said northerly line of Auger Road the following
calls: South 81°59'52" West, a distance of 520.79 feet to a point for
corner; North 84°51'18" West, a distance of 617.43 feet to a point
for corner; South 79°50'03" West, a distance of 442.41 feet to a
point for corner, said point also being in the apparent easterly
line of Quarry Road (a variable width right-of-way) and also being
in the westerly line of said One Windsor Hills, L.P. Tract Two;
THENCE North 00°09'14" West, a distance of 2342.31 feet to a
point for corner, said point being in the southwesterly line of a
tract of land described to North Texas Cement Company in Volume 846,
Page 138, Deed Records, Ellis County, Texas;
THENCE North 88°56'09" East departing said easterly line of
Quarry Road and continuing along said common line a distance of
563.53 feet to a point for corner;
THENCE North 00°21'10" West, continuing along said common
line a distance of 250.88 feet to a point for corner;
THENCE North 89°56'37" East, a distance of 2097.82 feet to
appoint for corner, said point being in the westerly line of a tract
of land described to City of Midlothian in Volume 2451, Page 0414,
Deed Records, Ellis County, Texas;
THENCE South 00°22'22" East, continuing along said common
line a distance of 1414.75 feet to a point for corner;
THENCE South 89°25'13" West, a distance of 563.27 feet to a
point for corner;
THENCE South 36°57'24" West, a distance of 156.39 feet to a
point for corner;
THENCE South 42°37'28" West, a distance of 220.86 feet to a
point for corner;
THENCE South 17°07'08" West, a distance of 110.49 feet to a
point for corner;
THENCE South 29°56'28" West, a distance of 283.81 feet to a
point for corner;
THENCE South 83°24'38" West, a distance of 135.84 feet to a
point for corner.
THENCE South 02°33'31" East, a distance of 435.91 feet to the
POINT OF BEGINNING, containing 5,604,605 square feet or 128.66
acres, more or less.
TRACT THREE
BEING a tract of land out of the ALLEN REEVES Survey, Abstract
Number 939 and being part of a tract of land described to Jas
Holdings, LLC, as recorded in Volume 2051, Page 2082, Deed Records,
Ellis County, Texas, and being more particularly described by metes
and bounds as follows:
BEGINNNG at the northwesterly line of said Holdings tract,
said point being at the intersection of the southerly line of Gifco
Road and the westerly line of Quarry Road;
THENCE South 06°40'47" West, a distance of 443.05 feet to a
point for corner;
THENCE South 06°09'13" East, a distance of 220.20 feet to a
point for corner;
THENCE South 10°13'13" East, a distance of 536.49 feet to a
point for corner;
THENCE South 08°58'47" West, a distance of 136.00 feet to a
point for corner;
THENCE South 10°19'36" West, a distance of 210.10 feet to a
point for corner;
THENCE South 00°07'52" East, a distance of 565.79 feet to a
point for corner, said point being in the southerly line of said
Holdings tract and the northerly line of a tract of land described
to One Windsor Hills, L.P. as recorded in Volume 2199, Page 2425,
Deed Records, Ellis County, Texas;
THENCE with said common line the following calls: South
89°07'31" West, a distance of 1045.64 feet to a point for corner;
South 87°52'20" West, a distance of 765.58 feet to a point for
corner; North 01°20'17" West, a distance of 491.92 feet to a point
for corner; South 88°55'27" West, a distance of 627.82 feet to a
point for corner, said point being at the beginning of a non-tangent
curve to the right whose chord bears North 31°16'58" East, a
distance of 1935.46 feet;
THENCE in a northeasterly direction with said non-tangent
curve to the right having a central angle of 43°00'28", with a radius
of 2640.00 feet, an arc length of 1981.66 feet to a point for
corner, said point being in the northerly line of said Holdings
tract;
THENCE North 89°50'10" East, along the northerly line of said
Holdings tract a distance of 1436.81 feet to the POINT OF BEGINNING,
containing 4,273,854 square feet or 98.11 acres, more or less.
SECTION 3. (a) The legislature finds that the Windsor Hills
Municipal Management District No. 1 created under Chapter 3907,
Special District Local Laws Code, as added by Chapter 858 (H.B.
3836), Acts of the 82nd Legislature, Regular Session, 2011, did not
execute a development agreement and finance plan by September 1,
2012. Therefore, Chapter 3907, Special District Local Laws Code,
expired by operation of Section 3907.002(b), Special District Local
Laws Code, on September 1, 2012.
(b) The legislature finds that the Windsor Hills Municipal
Management District No. 1 created under Chapter 3907A, Special
District Local Laws Code, as added by Chapter 253 (H.B. 518), Acts
of the 83rd Legislature, Regular Session, 2013, did not execute a
development agreement and finance plan by September 1, 2015.
Therefore, Chapter 3907A, Special District Local Laws Code, expired
by operation of Section 3907A.002(b), Special District Local Laws
Code, on September 1, 2015.
SECTION 4. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 5. This Act takes effect September 1, 2017.