H.B. No. 4347
AN ACT
relating to the creation of the Midlothian Municipal Management
District No. 3; providing authority to issue bonds; providing
authority to impose assessments, fees, or taxes.
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 3952 to read as follows:
CHAPTER 3952. MIDLOTHIAN MUNICIPAL MANAGEMENT DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3952.001. 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 and consent application"
means the Development Agreement made between the city and Hawkins
Midlothian Development, LLC, and the Second Amended and Restated
Application for Consent to Create a Municipal Management District
submitted to the city by Hawkins Midlothian Development, LLC.
(5) "Director" means a board member.
(6) "District" means the Midlothian Municipal
Management District No. 3.
Sec. 3952.002. PRECONDITION. (a) In this section,
"finance plan" means a plan 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, an estimate of the amount of the costs for the proposed
improvement projects that the district will pay directly or that
will be reimbursed to a developer of property in the district, and
the means of financing costs related to the planning, design,
construction, improvement, maintenance, and operation of the
proposed improvement projects.
(b) The district may not exercise any powers under this
chapter until:
(1) the development agreement and consent application
are executed and effective; and
(2) the finance plan is approved by the governing body
of the city.
Sec. 3952.003. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Section 59, Article
XVI, Texas Constitution.
Sec. 3952.004. 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. 3952.005. 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. 3952.006. 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. 3952.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICT LAW. Except as provided by this chapter, Chapter 375,
Local Government Code, applies to the district.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3952.051. 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. 3952.052. QUALIFICATIONS. (a) To be qualified to
serve as a director appointed by the governing body of the city, a
person must be:
(1) a resident of the city who is also a registered
voter of the city;
(2) an owner of property in the district; or
(3) an agent, employee, or tenant of a person
described by Subdivision (2).
(b) A person who is an agent, employee, or tenant of Hawkins
Midlothian Development, LLC, is not qualified to be appointed as a
director solely because the person is an agent, employee, or tenant
of that corporation if the corporation does not own property in the
district.
(c) Section 49.052, Water Code, does not apply to the
district.
Sec. 3952.053. APPOINTMENT OF DIRECTORS. The governing
body of the city shall appoint directors from a list of names
recommended by the board as provided by Section 375.064, Local
Government Code.
Sec. 3952.054. 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. 3952.055. 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. 3952.056. 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. 3952.057. OFFICERS. The board shall elect from among
the directors a chair, a vice chair, and a secretary.
Sec. 3952.058. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses in the
manner provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
Sec. 3952.059. 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. 3952.060. BOARD MEETINGS. The board shall hold
meetings at a place accessible to the public.
Sec. 3952.061. CONFLICTS OF INTEREST. Chapter 171, Local
Government Code, governs conflicts of interest of directors.
Sec. 3952.062. INITIAL DIRECTORS. (a) The initial board
consists of:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 Terrance Jobe 1 Terrance Jobe
1 Terrance Jobe
2 Tiffany Jobe 2 Tiffany Jobe
2 Tiffany Jobe
3 Jonathan Jobe 3 Jonathan Jobe
3 Jonathan Jobe
4 Tiffany Roath 4 Tiffany Roath
4 Tiffany Roath
5 Travis Hudson 5 Travis Hudson
5 Travis Hudson
(b) The governing body of the city shall stagger the initial
directors' terms, with two or three directors' terms expiring May
31, 2018. The remaining directors' terms must expire May 31, 2020.
(c) Section 3952.052 does not apply to this section.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3952.101. 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 D or activities in support of or incidental to those
projects.
Sec. 3952.102. 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. 3952.103. 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 prescribed by,
Chapter 441, Transportation Code.
Sec. 3952.104. 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. 3952.105. 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. 3952.106. 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. 3952.107. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. IMPROVEMENT PROJECTS
Sec. 3952.151. 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;
(2) complies with the development agreement and
consent application or the parties to the development agreement and
consent application agree to the project or service, in writing;
and
(3) is authorized by an ordinance of the city that
consents to the creation of the district.
Sec. 3952.152. 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. 3952.153. 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. 3952.154. LAKE. For the purposes of this subchapter,
planning, design, construction, improvement, or maintenance of a
lake includes work done for drainage, reclamation, or recreation.
SUBCHAPTER E. CONTRACTS
Sec. 3952.201. GENERAL CONTRACT POWERS. The district may
contract with any person to accomplish any district purpose.
Sec. 3952.202. 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. 3952.203. 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. 3952.204. 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. 3952.205. 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. 3952.251. DEVELOPMENT AGREEMENT AND CONSENT
APPLICATION 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 must
obtain from the city confirmation that the development agreement
and consent application are enforceable and no defaults are known.
Sec. 3952.252. 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. 3952.253. 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) 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. 3952.254. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. The board may not finance a service
or improvement project with assessments under this chapter unless a
written petition requesting that service or improvement has been
filed with the board in the manner provided by Section 375.114,
Local Government Code.
Sec. 3952.255. ASSESSMENTS. (a) The district may impose an
assessment on property in the district, if the assessment is
authorized by an ordinance of the city, to pay the cost or the cost
of maintenance of any authorized district improvement in the manner
provided for a district under Subchapters A, E, and F, Chapter 375,
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.
Sec. 3952.256. 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. 3952.257. 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.
SUBCHAPTER G. TAXES AND BONDS
Sec. 3952.301. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue, by competitive bid or negotiated sale, bonds,
notes, or other obligations payable wholly or partly from ad
valorem taxes or assessments in the manner provided by 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 evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
(c) In addition to the sources of money described by
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. 3952.302. BOND MATURITY. Bonds may mature not more
than 40 years from their date of issue.
Sec. 3952.303. TAXES FOR BONDS AND OTHER OBLIGATIONS. 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 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; and
(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.
Sec. 3952.304. ELECTION REQUIRED FOR TAXES OR BONDS. The
district must hold an election in the manner provided by Subchapter
L, Chapter 375, Local Government Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
Sec. 3952.305. TAX RATE. The district's ad valorem tax rate
may not exceed 40 cents per $100 valuation.
Sec. 3952.306. ISSUER POWERS FOR CERTAIN PUBLIC
IMPROVEMENTS. The district may exercise any power of an issuer
under Chapter 1371, Government Code.
SUBCHAPTER H. DISSOLUTION
Sec. 3952.351. 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 and consent application have 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. 3952.352. 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, 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. 3952.353. 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.
3 initially includes all the territory contained in the following
area:
LEGAL LAND DESCRIPTION
BEING 175.834 acres (7,659,336 square feet) in the
William W. Rawls Survey, Abstract No. 915, Benjamin F.
Hawkins Survey, Abstract Number 464, Marcellus T.
Hawkins Survey, Abstract No. 463, and John M. Garvin
Survey, Abstract No. 424, Ellis County, Texas; being a
175.834 acres (7,659,336 square feet) of land being
all of that certain tract of land described in a
Special Warranty Deed to Hawkins Midlothian
Development, LLC (hereinafter referred to as Hawkins
Midlothian Development tract), as recorded in
Instrument Number 1521607, Official Public Records,
Ellis County, Texas (O.P.R.E.C.T.); said 175.834 acres
(7,659,336 square feet) being more particularly
described, by metes and bounds, as follows:
BEGINNING at a 60D nail found for the Westerly
Southwest corner of said Hawkins Midlothian
Development tract, same being the existing Easterly
right-of-way line of F.M. Road 663 (80' right-of-way),
as recorded in Volume 387, Page 161, Deed Records,
Ellis County, Texas (D.R.E.C.T.), same also being the
North line of Lawson Farms - Phase One (hereinafter
referred to as Lawson Farms - Phase One), an addition
to the City of Midlothian, Ellis County, Texas,
according to the plat recorded in Cabinet G, Slide 388,
Plat Records, Ellis County, Texas, from which the
Northwest corner of Lot 20, Block 1 of said Lawson
Farms - Phase One bears North 89 degrees 45 minutes 57
seconds East, a distance of 13.69 feet;
THENCE North 05 degrees 16 minutes 20 seconds East,
departing the North line of said Lawson Farms - Phase
One and with the common line between said Hawkins
Midlothian Development tract and the existing Easterly
right-of-way line of said F.M. Road 663, a distance of
575.72 feet to a five-eighths inch iron rod found for
the Southerly corner of that certain tract of land
described in a Deed to the State of Texas for
right-of-way of said F.M. Road 663, as recorded in
Volume 1465, Page 1208, D.R.E.C.T.;
THENCE with the common line between the remainder of
said Hawkins Midlothian Development tract and the
existing Easterly right-of-way line of said F.M. Road
663 for the following 7 courses:
1. North 08 degrees 21 minutes 23 seconds East, a
distance of 200.25 feet to a fence post found for
corner;
2. North 06 degrees 48 minutes 13 seconds East, a
distance of 85.00 feet to a five-eighths inch iron rod
found for corner;
3. North 09 degrees 25 minutes 21 seconds East, a
distance of 85.00 feet to a five-eighths inch iron rod
found for corner;
4. North 12 degrees 02 minutes 28 seconds East, a
distance of 85.00 feet to a one-half inch iron rod with
plastic cap stamped "VOTEX" found for corner;
5. North 14 degrees 39 minutes 36 seconds East, at a
distance of 6.91 feet, pass a TxDOT monument found for
the Southeast corner that certain tract of land
described in a Deed to the State of Texas for
right-of-way of said F.M. Road 663, as recorded in
Volume 1747, Page 1109, D.R.E.C.T, and continue a
total distance of 85.00 feet to a one-half inch iron
rod with plastic cap stamped "VOTEX" found for corner;
6. North 17 degrees 16 minutes 43 seconds East, a
distance of 85.00 feet to a one-half inch iron rod with
plastic cap stamped "VOTEX" found for corner;
7. North 19 degrees 53 minutes 51 seconds East, a
distance of 52.97 feet to a one-half inch iron rod with
plastic cap stamped "VOTEX" found for corner, same
being the Westerly Northwest corner of said Hawkins
Midlothian Development tract and the Southwest corner
of the remainder of that certain tract of land
described in a deed to Wilbur L. Stephenson and Wife
Jo. M. Stephenson (hereinafter referred to as
Stephenson tract), as recorded in Volume 1866, Page
2280, D.R.E.C.T.;
THENCE South 68 degrees 03 minutes 05 seconds East,
departing the existing Easterly right-of-way line of
said F.M. Road 663 and with the common line between
said Hawkins Midlothian Development tract and the
remainder of said Stephenson tract, a distance of
337.59 feet to a one-half inch iron rod with plastic
cap stamped "VOTEX" found for the beginning of a curve
to the left, whose long chord bears South 79 degrees 19
minutes 22 seconds East, a distance of 390.93 feet;
THENCE Easterly continue with the common line between
said Hawkins Midlothian Development tract and the
remainder of said Stephenson tract and with said curve
to the left having a radius of 1000.00 feet, through a
central angle of 22 degrees 32 minutes 39 seconds, for
an arc distance of 393.47 feet to a one-half inch iron
rod with plastic cap stamped "VOTEX" found for the end
of said curve;
THENCE North 89 degrees 24 minutes 17 seconds East
continue with the common line between said Hawkins
Midlothian Development tract and the remainder of said
Stephenson tract and generally with a fence line, a
distance of 1149.39 feet to a fence post for an
inner-ell corner of said Hawkins Midlothian
Development tract;
THENCE North 01 degree 48 minutes 16 seconds West with
the common line between said Hawkins Midlothian
Development tract and said Stephenson tract, a
distance of 45.01 feet to a one-half inch iron rod with
plastic cap stamped "VOTEX" found for the Southwest
corner of that certain tract of land described in a
Special Warranty Deed to The Board of Trustees of the
Midlothian Independent School District (hereinafter
referred to as MISD tract), as recorded in Instrument
Number 1522030, O.P.R.E.C.T.;
THENCE North 89 degrees 23 minutes 54 seconds East,
departing the Easterly line of said Stephenson tract
and with the common line between said Hawkins
Midlothian Development tract and said MISD tract, a
distance of 474.84 feet to a one-half inch iron rod
with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"
found for the Southerly Southeast corner of said MISD
tract;
THENCE North 44 degrees 18 minutes 23 seconds East
continue with the common line between said Hawkins
Midlothian Development tract and said Hawkins Meadow
tract, a distance of 63.58 feet to a one-half inch iron
rod with yellow plastic cap stamped "VOTEX R.P.L.S.
4813" found for the Easterly Southeast corner of said
Hawkins Meadow tract;
THENCE North 00 degrees 47 minutes 14 seconds West,
continue with the common line between said Hawkins
Midlothian Development tract and said MISD tract, a
distance of 1004.02 feet to a one-half inch iron rod
with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"
found for the Northeast corner of said MISD tract;
THENCE South 88 degrees 44 minutes 42 seconds West
continue with the common line between said Midlothian
Development tract and said MISD tract, a distance of
30.26 feet to a three-quarter inch iron rod found for
an angle point on the West line of said Hawkins
Midlothian Development tract;
THENCE North 01 degree 36 minutes 49 seconds West,
departing the North line of said MISD tract and with
the West line of said Hawkins Midlothian Development
tract, a distance of 574.65 feet to a three-quarters
inch pipe found for the Northwest corner of said
Hawkins Midlothian Development tract;
THENCE South 89 degrees 25 minutes 31 seconds East with
a Nand the existing South right-of-way line of said Mt.
Zion Road, a distance of 56.72 feet to a one-half inch
iron rod with yellow plastic cap stamped "VOTEX
R.P.L.S. 4813" found for the beginning of a
non-tangent curve to the left, whose long chord bears
South 14 degrees 42 minutes 34 seconds East, a distance
of 103.35 feet;
THENCE with a Northerly line of said Hawkins
Midlothian Development tract for the following 6
courses:
1. Southerly, departing the existing South
right-of-way line of said Mt. Zion Road and with said
non-tangent curve to the left having a radius of
1000.00 feet, through a central angle of 5 degrees 55
minutes 26 seconds, for an arc distance of 103.39 feet
to a one-half inch iron rod with yellow plastic cap
stamped "VOTEX R.P.L.S. 4813" found for the beginning
of a reverse curve whose long chord bears South 09
degrees 34 minutes 03 seconds East, a distance of
307.31 feet;
2. Southerly with said reverse curve having a radius
of 1090.00 feet, through a central angle of 16 degrees
12 minutes 28 seconds, for an arc distance of 308.34
feet to a one-half inch iron rod with yellow plastic
cap stamped "VOTEX R.P.L.S. 4813" found for corner;
3. North 88 degrees 57 minutes 58 seconds East, a
distance of 170.22 feet to a one-half inch iron rod
with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"
found for corner;
4. North 00 degrees 18 minutes 59 seconds West, a
distance of 255.12 feet to a one-half inch iron rod
with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"
found for corner;
5. South 89 degrees 41 minutes 01 second West, a
distance of 113.27 feet to a one-half inch iron rod
with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"
found for corner;
6. North 00 degrees 18 minutes 59 seconds West, a
distance of 139.90 feet to a one-half inch iron rod
with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"
found for the existing South right-of-way line of said
Mt. Zion Road, same being the beginning of a
non-tangent curve to the right, whose long chord bears
South 74 degrees 38 minutes 51 seconds East, a distance
of 227.69 feet;
THENCE Easterly with the common line between said
Hawkins Midlothian Development tract and the existing
South right-of-way line of Mt. Zion Road and with said
non-tangent curve to the right having a radius of
755.00 feet, through a central angle of 17 degrees 20
minutes 43 seconds, for an arc distance of 228.56 feet
to a five-eighths inch iron rod with plastic cap
stamped "RPLS 4838" set for corner;
THENCE South 67 degrees 58 minutes 31 seconds East
continue with the common line between said Hawkins
Midlothian Development tract and the existing South
right-of-way line of Mt. Zion Road, a distance of
460.94 feet to a five-eighths inch iron rod with
plastic cap stamped "RPLS 4838" set for the beginning
of a curve to the left, whose long chord bears South 68
degrees 55 minutes 06 seconds East, a distance of 86.66
feet;
THENCE Southeasterly continue with the common line
between said Hawkins Midlothian Development tract and
the existing South right-of-way line of Mt. Zion Road
and with said curve to the left having a radius of
842.75 feet, through a central angle of 5 degrees 53
minutes 40 seconds, for an arc distance of 86.70 feet
to a five-eighths inch iron rod with plastic cap
stamped "RPLS 4838" set for the Northerly Northeast
corner of said Hawkins Midlothian Development tract;
THENCE South 00 degrees 13 minutes 36 seconds West with
an Easterly line of said Hawkins Midlothian
Development tract, passing at a distance of 9.50 feet,
the Northwest corner of that certain tract of land
described in a General Warranty Deed to Midlothian
Economic Development (hereinafter referred to as
Midlothian Economic Development tract), as recorded in
Instrument Number 1517886, O.P.R.E.C.T. and continue
with said course and the common line between said
Hawkins Midlothian Development tract and Midlothian
Economic Development tract for a total distance of
241.18 feet to a one inch iron pipe found for an
inner-ell corner of said Hawkins Midlothian
Development tract, same being the Southwest corner of
said Midlothian Economic Development tract;
THENCE South 89 degrees 55 minutes 29 seconds East
continue with the common line between said Hawkins
Midlothian Development tract and said Midlothian
Economic Development tract, a distance of 188.11 feet
to a five-eighths inch iron rod found for an angle
point in a Northerly line of said Hawkins Midlothian
Development tract, same being the Southeasterly corner
of said Midlothian Economic Development tract;
THENCE North 89 degrees 29 minutes 47 seconds East with
a Northerly line of said Hawkins Midlothian
Development tract, passing at a distance of 93.18
feet, the Southwest corner of that certain tract of
land described in a deed to Christina Marie Luther
(hereinafter referred to as Luther tract), as recorded
in Volume 1652, Page 287, O.P.R.E.C.T. and continue
with said course and the common line between said
Hawkins Midlothian Development tract and said Luther
tract for a total distance of 380.22 feet to a fence
post found for the Easterly Northeast corner of said
Hawkins Midlothian Development tract, same being the
Southeast corner of said Luther tract;
THENCE South 02 degrees 37 minutes 04 seconds East with
the East line of said Hawkins Midlothian Development
tract, passing at a distance of 155.04 feet, the
Northwest corner of that certain tract of land
described in a General Warranty Deed with Third Party
Vendor's Lien to Lee Morgan Whitehead and wife, Deborah
Lei Whitehead (hereinafter referred to as Whitehead
tract), as recorded in Volume 2555, Page 1721,
O.P.R.E.C.T. and continue with said course and the
common line between said Hawkins Midlothian
Development tract and said Whitehead tract for a total
distance of 675.55 feet to a five-eighths inch pipe
found for the Easterly Southeast corner of said
Hawkins Midlothian Development tract, same being the
Southwest corner of said Whitehead tract, same being
the North line of that certain tract of land described
in a deed to Billy Ray Brandon (hereinafter referred to
as Brandon tract), as recorded in Volume 548, Page 79,
Deed Records, Ellis County, Texas (D.R.E.C.T.);
THENCE South 89 degrees 36 minutes 52 seconds West with
the common line between said Hawkins Midlothian
Development tract and said Brandon tract, a distance
of 571.25 feet to a five-eighths inch iron pipe found
for an inner-ell corner of said Hawkins Midlothian
Development tract, same being the Northwest corner of
said Brandon tract;
THENCE South 01 degree 30 minutes 18 seconds East
continue with the common line between said Hawkins
Midlothian Development tract and said Brandon tract,
passing at a distance of 660.17 feet, the Southwest
corner of said Brandon tract, same being the Northwest
corner of that certain tract of land described in a
Warranty Deed to City of Midlothian (hereinafter
referred to as City of Midlothian tract), as recorded
in Volume 2540, Page 2088, D.R.E.C.T. and continue
with said course and the common line between said
Hawkins Midlothian Development tract and said City of
Midlothian tract, passing at a distance of 1980.54
feet, the Southwest corner of said City of Midlothian
tract, same being the Northerly Northwest corner of
that certain tract of land described as Lakegrove
(hereinafter referred to as Lakegrove), an addition to
Ellis County, Texas, according to the plat recorded in
Cabinet A, Page 753, P.R.E.C.T. and continue with said
course for a total distance of 3388.12 feet to a fence
post found for the Southeast corner of said Hawkins
Midlothian Development tract, same being an inner-ell
corner of said Lakegrove;
THENCE South 88 degrees 56 minutes 48 seconds West
continue with the common line between said Hawkins
Midlothian Development tract and said Lakegrove,
passing at a distance of 361.12 feet, the Westerly
Northwest corner of said Lakegrove, same being the
Northeast corner of that certain tract of land
described in a deed to the City of Midlothian
(hereinafter referred to as City of Midlothian 2
tract), as recorded in Volume 2540, Page 1952,
D.R.E.C.T., and continue with said course and the
common line between said Hawkins Midlothian
Development tract and said City of Midlothian 2 tract
for a total distance of 452.58 feet to a five-eighths
inch iron rod with plastic cap stamped "RPLS 4838" set
for corner;
THENCE South 86 degrees 33 minutes 50 seconds West,
continue with the common line between said Hawkins
Midlothian Development tract and said City of
Midlothian 2 tract, a distance of 380.52 feet to a
one-half inch iron rod found for the Southerly
Southwest corner of said Hawkins Midlothian
Development tract;
THENCE North 01 degree 50 minutes 27 seconds East,
continue with the common line between said Hawkins
Midlothian Development tract and said City of
Midlothian 2 tract, a distance of 562.86 feet to a
one-half inch iron rod found for corner;
THENCE South 89 degrees 50 minutes 48 seconds West,
continue with the common line between said Hawkins
Midlothian Development tract and said City of
Midlothian 2 tract, passing at a distance of 456.78
feet, the Northeast corner of Lot 32, Block 2 of that
certain tract of land described as Lawson Farms - Phase
2A (hereinafter referred to as Lawson Farms - Phase
2A), an addition to the City of Midlothian, Ellis
County, Texas, according to the plat recorded in
Cabinet H, Page 252, P.R.E.C.T., and continue with
said course and with the common line between said
Hawkins Midlothian Development tract and said Lawson
Farms - Phase 2A, a total distance of 620.49 feet to a
one-half inch iron rod found for corner;
THENCE North 00 degrees 20 minutes 17 seconds West
continue with the common line between said Hawkins
Midlothian Development tract and said Lawson Farms -
Phase 2A, passing at a distance of 154.34 feet, a
Northerly corner of said Lawson Farms - Phase 2A, same
being the Southeast corner of the remainder of that
certain tract of land described in a deed to SKJ Lawson
Farms Development, L.P., (hereinafter referred to as
SKJ Lawson Farms Development tract), as recorded in
Volume 2005, Page 2309, O.P.R.E.C.T. and continue with
said course and the common line between said Hawkins
Midlothian Development tract and the remainder of said
SKJ Lawson Farms Development tract for a total
distance of 1330.40 feet to a one-half inch iron rod
found for an inner-ell corner of said Hawkins
Midlothian Development tract, same being the Northeast
corner of said SKJ Lawson Farms Development tract;
THENCE South 89 degrees 45 minutes 57 seconds West with
the common line between said Hawkins Midlothian
Development tract and said SKJ Lawson Farms
Development tract, passing at a distance of 1209.51
feet, a one-half inch iron rod found for the Northeast
corner of the aforesaid Lawson Farms - Phase One and
continue with said course and the common line between
said Hawkins Midlothian Development tract and said
Lawson Farms - Phase One, for a total distance of
2082.59 feet to the PLACE OF BEGINNING, and containing
a calculated area of 175.834 acres (7,659,336 square
feet) of land.
SAVE AND EXCEPT
LEGAL LAND DESCRIPTION:
BEING 4.339 acres or (188,987 square feet) in the
Marcellus T. Hawkins Survey, Abstract No. 463 and
Benjamin F. Hawkins Survey, Abstract No. 464, Ellis
County, Texas; said 4.339 acres or (188,987 square
feet) of land being all of that certain tract of land
described in a Correction Warranty Deed to James
Marcus Pitts, as recorded in Volume 2132, Page 442,
Official Public Records, Ellis County, Texas
(O.P.R.E.C.T.); said 4.339 acres or (188,987 square
feet) of land being all of that certain tract of land
described as SAVE AND EXCEPT TRACT in a Special
Warranty Deed to Hawkins Midlothian Development, LLC
(hereinafter referred to as SAVE AND EXCEPT TRACT), as
recorded in Instrument Number 1521607, O.P.R.E.C.T.;
said 4.339 acres or (188,987 square feet) being more
particularly described, by metes and bounds, as
follows:
BEGINNING at a three-quarters inch iron rod found for
the Northwest corner of said SAVE AND EXCEPT TRACT,
same being an inner-ell corner of that certain tract of
land described in a Special Warranty Deed to Hawkins
Midlothian Development, LLC (hereinafter referred to
as Hawkins Midlothian Development tract), as recorded
in Instrument Number 1521607, O.P.R.E.C.T.;
THENCE North 89 degrees 47 minutes 57 seconds East with
the common line between said SAVE AND EXCEPT TRACT and
said Hawkins Midlothian Development tract, a distance
of 477.86 feet to a three-eighths inch iron rod found
for the Northeast corner of said SAVE AND EXCEPT TRACT,
same being an inner-ell corner of said Hawkins
Midlothian Development tract;
THENCE South 02 degrees 32 minutes 45 seconds West
continue with the common line between said SAVE AND
EXCEPT TRACT and said Hawkins Midlothian Development
tract, a distance of 399.01 feet to a one-half inch
iron rod found for the Southeast corner of said SAVE
AND EXCEPT TRACT, same being an inner-ell corner of
said Hawkins Midlothian Development tract;
THENCE South 87 degrees 30 minutes 51 seconds West
continue with the common line between said SAVE AND
EXCEPT TRACT and said Hawkins Midlothian Development
tract, a distance of 450.20 feet to a five-eighths inch
iron rod with plastic cap stamped "RPLS 4838" set for
the Southwest corner of said SAVE AND EXCEPT TRACT,
same being an inner-ell corner of said Hawkins
Midlothian Development tract;
THENCE North 01 degree 25 minutes 30 seconds West
continue with the common line between said SAVE AND
EXCEPT TRACT and said Hawkins Midlothian Development
tract, a distance of 416.60 feet to the PLACE OF
BEGINNING, and containing a calculated area of 4.339
acres or (188,987 square feet) of land.
LEAVING A NET ACREAGE OF 171.496 ACRES or (7,470,349
SQUARE FEET).
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) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4347 was passed by the House on May
19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4347 on May 26, 2017, by the following vote: Yeas 131, Nays 12,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4347 was passed by the Senate, with
amendments, on May 24, 2017, by the following vote: Yeas 29, Nays
2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor
Pos. No. Name of Director
1 Terrance Jobe
2 Tiffany Jobe
3 Jonathan Jobe
4 Tiffany Roath
5 Travis Hudson