Texas 2025 - 89th Regular

Texas Senate Bill SB3048 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15168 JTZ-F
2	2	By: Birdwell S.B. No. 3048
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	relating to the creation of the Bluebonnet Hills Municipal
9	9	Management District No. 1; providing authority to issue bonds;
10	10	providing authority to impose assessments, fees, and taxes;
11	11	granting a limited power of eminent domain.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 4, Special District Local Laws
14	14	Code, is amended by adding Chapter 4016 to read as follows:
15	15	CHAPTER 4016. BLUEBONNET HILLS MUNICIPAL MANAGEMENT DISTRICT NO. 1
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 4016.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "City" means the City of Midlothian.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Bluebonnet Hills Municipal
22	22	Management District No. 1.
23	23	Sec. 4016.0102. NATURE OF DISTRICT. The Bluebonnet Hills
24	24	Municipal Management District No. 1 is a special district created
25	25	under Section 59, Article XVI, Texas Constitution.
26	26	Sec. 4016.0103. PURPOSE; DECLARATION OF INTENT. (a) The
27	27	creation of the district is essential to accomplish the purposes of
28	28	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
29	29	Texas Constitution, and other public purposes stated in this
30	30	chapter.
31	31	(b) By creating the district and in authorizing the city and
32	32	other political subdivisions to contract with the district, the
33	33	legislature has established a program to accomplish the public
34	34	purposes set out in Section 52-a, Article III, Texas Constitution.
35	35	(c) The creation of the district is necessary to promote,
36	36	develop, encourage, and maintain employment, commerce,
37	37	transportation, housing, tourism, recreation, the arts,
38	38	entertainment, economic development, safety, and the public
39	39	welfare in the district.
40	40	(d) This chapter and the creation of the district may not be
41	41	interpreted to relieve the city from providing the level of
42	42	services provided as of the effective date of the Act enacting this
43	43	chapter to the area in the district. The district is created to
44	44	supplement and not to supplant city services provided in the
45	45	district.
46	46	Sec. 4016.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
47	47	(a) All land and other property included in the district will
48	48	benefit from the improvements and services to be provided by the
49	49	district under powers conferred by Sections 52 and 52-a, Article
50	50	III, and Section 59, Article XVI, Texas Constitution, and other
51	51	powers granted under this chapter.
52	52	(b) The district is created to serve a public use and
53	53	benefit.
54	54	(c) The creation of the district is in the public interest
55	55	and is essential to further the public purposes of:
56	56	(1) developing and diversifying the economy of the
57	57	state;
58	58	(2) eliminating unemployment and underemployment; and
59	59	(3) developing or expanding transportation and
60	60	commerce.
61	61	(d) The district will:
62	62	(1) promote the health, safety, and general welfare of
63	63	residents, employers, potential employees, employees, visitors,
64	64	and consumers in the district, and of the public;
65	65	(2) provide needed funding for the district to
66	66	preserve, maintain, and enhance the economic health and vitality of
67	67	the district territory as a community and business center;
68	68	(3) promote the health, safety, welfare, and enjoyment
69	69	of the public by providing pedestrian ways and by landscaping and
70	70	developing certain areas in the district, which are necessary for
71	71	the restoration, preservation, and enhancement of scenic beauty;
72	72	and
73	73	(4) provide for water, wastewater, drainage, road, and
74	74	recreational facilities for the district.
75	75	(e) Pedestrian ways along or across a street, whether at
76	76	grade or above or below the surface, and street lighting, street
77	77	landscaping, parking, and street art objects are parts of and
78	78	necessary components of a street and are considered to be a street
79	79	or road improvement.
80	80	(f) The district will not act as the agent or
81	81	instrumentality of any private interest even though the district
82	82	will benefit many private interests as well as the public.
83	83	Sec. 4016.0105. INITIAL DISTRICT TERRITORY. (a) The
84	84	district is initially composed of the territory described by
85	85	Section 2 of the Act enacting this chapter.
86	86	(b) The boundaries and field notes contained in Section 2 of
87	87	the Act enacting this chapter form a closure. A mistake in the
88	88	field notes or in copying the field notes in the legislative process
89	89	does not affect the district's:
90	90	(1) organization, existence, or validity;
91	91	(2) right to issue any type of bonds for the purposes
92	92	for which the district is created or to pay the principal of and
93	93	interest on the bonds;
94	94	(3) right to impose or collect an assessment or tax; or
95	95	(4) legality or operation.
96	96	Sec. 4016.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
97	97	All or any part of the area of the district is eligible to be
98	98	included in:
99	99	(1) a tax increment reinvestment zone created under
100	100	Chapter 311, Tax Code; or
101	101	(2) a tax abatement reinvestment zone created under
102	102	Chapter 312, Tax Code.
103	103	Sec. 4016.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
104	104	DISTRICTS LAW. Except as otherwise provided by this chapter,
105	105	Chapter 375, Local Government Code, applies to the district.
106	106	Sec. 4016.0108. CONSTRUCTION OF CHAPTER. This chapter
107	107	shall be liberally construed in conformity with the findings and
108	108	purposes stated in this chapter.
109	109	SUBCHAPTER B. BOARD OF DIRECTORS
110	110	Sec. 4016.0201. GOVERNING BODY; TERMS. (a) The district is
111	111	governed by a board of five elected directors who serve staggered
112	112	terms of four years.
113	113	(b) Directors are elected in the manner provided by
114	114	Subchapter D, Chapter 49, Water Code.
115	115	Sec. 4016.0202. COMPENSATION; EXPENSES. (a) The district
116	116	may compensate each director in an amount not to exceed $150 for
117	117	each board meeting. The total amount of compensation for each
118	118	director in one year may not exceed $7,200.
119	119	(b) A director is entitled to reimbursement for necessary
120	120	and reasonable expenses incurred in carrying out the duties and
121	121	responsibilities of the board.
122	122	(c) Sections 375.069 and 375.070, Local Government Code, do
123	123	not apply to the board.
124	124	Sec. 4016.0203. INITIAL DIRECTORS. (a) The initial board
125	125	consists of the following directors:
126	126	Pos. No. Name of Director Pos. No. Name of Director
127	127	Pos. No. Name of Director
128	128	1 Jake Weaver 1 Jake Weaver
129	129	1 Jake Weaver
130	130	2 Cassie Wagner 2 Cassie Wagner
131	131	2 Cassie Wagner
132	132	3 Dylan Suhy 3 Dylan Suhy
133	133	3 Dylan Suhy
134	134	4 Melanie Wright 4 Melanie Wright
135	135	4 Melanie Wright
136	136	5 Haley Sheffield 5 Haley Sheffield
137	137	5 Haley Sheffield
138	138	(b) Of the initial directors, the terms of directors
139	139	appointed for positions one through three expire June 1, 2027, and
140	140	the terms of directors appointed for positions four and five expire
141	141	June 1, 2029.
142	142	SUBCHAPTER C. POWERS AND DUTIES
143	143	Sec. 4016.0301. GENERAL POWERS AND DUTIES. The district
144	144	has the powers and duties necessary to accomplish the purposes for
145	145	which the district is created.
146	146	Sec. 4016.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
147	147	district, using any money available to the district for the
148	148	purpose, may provide, design, construct, acquire, improve,
149	149	relocate, operate, maintain, or finance an improvement project or
150	150	service authorized under this chapter or under Chapter 375, Local
151	151	Government Code.
152	152	(b) The district may contract with a governmental or private
153	153	entity to carry out an action under Subsection (a).
154	154	(c) The implementation of a district project or service is a
155	155	governmental function or service for the purposes of Chapter 791,
156	156	Government Code.
157	157	Sec. 4016.0303. NONPROFIT CORPORATION. (a) The board by
158	158	resolution may authorize the creation of a nonprofit corporation to
159	159	assist and act for the district in implementing a project or
160	160	providing a service authorized by this chapter.
161	161	(b) The nonprofit corporation:
162	162	(1) has each power of and is considered to be a local
163	163	government corporation created under Subchapter D, Chapter 431,
164	164	Transportation Code; and
165	165	(2) may implement any project and provide any service
166	166	authorized by this chapter.
167	167	(c) The board shall appoint the board of directors of the
168	168	nonprofit corporation. The board of directors of the nonprofit
169	169	corporation shall serve in the same manner as the board of directors
170	170	of a local government corporation created under Subchapter D,
171	171	Chapter 431, Transportation Code, except that a board member is not
172	172	required to reside in the district.
173	173	Sec. 4016.0304. LAW ENFORCEMENT SERVICES. To protect the
174	174	public interest, the district may contract with a qualified party,
175	175	including the city, to provide law enforcement services in the
176	176	district for a fee.
177	177	Sec. 4016.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
178	178	The district may join and pay dues to a charitable or nonprofit
179	179	organization that performs a service or provides an activity
180	180	consistent with the furtherance of a district purpose.
181	181	Sec. 4016.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
182	182	district may engage in activities that accomplish the economic
183	183	development purposes of the district.
184	184	(b) The district may establish and provide for the
185	185	administration of one or more programs to promote state or local
186	186	economic development and to stimulate business and commercial
187	187	activity in the district, including programs to:
188	188	(1) make loans and grants of public money; and
189	189	(2) provide district personnel and services.
190	190	(c) The district may create economic development programs
191	191	and exercise the economic development powers provided to
192	192	municipalities by:
193	193	(1) Chapter 380, Local Government Code; and
194	194	(2) Subchapter A, Chapter 1509, Government Code.
195	195	Sec. 4016.0307. PARKING FACILITIES. (a) The district may
196	196	acquire, lease as lessor or lessee, construct, develop, own,
197	197	operate, and maintain parking facilities or a system of parking
198	198	facilities, including lots, garages, parking terminals, or other
199	199	structures or accommodations for parking motor vehicles off the
200	200	streets and related appurtenances.
201	201	(b) The district's parking facilities serve the public
202	202	purposes of the district and are owned, used, and held for a public
203	203	purpose even if leased or operated by a private entity for a term of
204	204	years.
205	205	(c) The district's parking facilities are parts of and
206	206	necessary components of a street and are considered to be a street
207	207	or road improvement.
208	208	(d) The development and operation of the district's parking
209	209	facilities may be considered an economic development program.
210	210	Sec. 4016.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The
211	211	board by resolution shall establish the number of directors'
212	212	signatures and the procedure required for a disbursement or
213	213	transfer of district money.
214	214	Sec. 4016.0309. ADDING OR EXCLUDING LAND. Except as
215	215	provided by Section 4016.0310, the district may add or exclude land
216	216	in the manner provided by Subchapter J, Chapter 49, Water Code, or
217	217	by Subchapter H, Chapter 54, Water Code.
218	218	Sec. 4016.0310. DIVISION OF DISTRICT. (a) The district may
219	219	be divided into two or more new districts only if the district:
220	220	(1) has no outstanding bonded debt; and
221	221	(2) is not imposing ad valorem taxes.
222	222	(b) This chapter applies to any new district created by the
223	223	division of the district, and a new district has all the powers and
224	224	duties of the district.
225	225	(c) Any new district created by the division of the district
226	226	may not, at the time the new district is created, contain any land
227	227	outside the area described by Section 2 of the Act enacting this
228	228	chapter.
229	229	(d) The board, on its own motion or on receipt of a petition
230	230	signed by the owner or owners of a majority of the assessed value of
231	231	the real property in the district, may adopt an order dividing the
232	232	district.
233	233	(e) An order dividing the district must:
234	234	(1) name each new district;
235	235	(2) include the metes and bounds description of the
236	236	territory of each new district;
237	237	(3) appoint initial directors for each new district;
238	238	and
239	239	(4) provide for the division of assets and liabilities
240	240	between or among the new districts.
241	241	(f) On or before the 30th day after the date of adoption of
242	242	an order dividing the district, the district shall file the order
243	243	with the Texas Commission on Environmental Quality and record the
244	244	order in the real property records of each county in which the
245	245	district is located.
246	246	(g) Any new district created by the division of the district
247	247	must hold an election as required by this chapter to obtain voter
248	248	approval before the district may impose a maintenance tax or issue
249	249	bonds payable wholly or partly from ad valorem taxes.
250	250	(h) Municipal consent to the creation of the district and to
251	251	the inclusion of land in the district granted under Section
252	252	4016.0506 acts as municipal consent to the creation of any new
253	253	district created by the division of the district and to the
254	254	inclusion of land in the new district.
255	255	Sec. 4016.0311. EMINENT DOMAIN. The district may exercise
256	256	the power of eminent domain in the manner provided by Section
257	257	49.222, Water Code.
258	258	SUBCHAPTER D. ASSESSMENTS
259	259	Sec. 4016.0401. PETITION REQUIRED FOR FINANCING SERVICES
260	260	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
261	261	service or improvement project with assessments under this chapter
262	262	unless a written petition requesting that service or improvement
263	263	has been filed with the board.
264	264	(b) A petition filed under Subsection (a) must be signed by
265	265	the owners of a majority of the assessed value of real property in
266	266	the district subject to assessment according to the most recent
267	267	certified tax appraisal roll for the county.
268	268	Sec. 4016.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
269	269	The board by resolution may impose and collect an assessment for any
270	270	purpose authorized by this chapter in all or any part of the
271	271	district.
272	272	(b) An assessment, a reassessment, or an assessment
273	273	resulting from an addition to or correction of the assessment roll
274	274	by the district, penalties and interest on an assessment or
275	275	reassessment, an expense of collection, and reasonable attorney's
276	276	fees incurred by the district:
277	277	(1) are a first and prior lien against the property
278	278	assessed;
279	279	(2) are superior to any other lien or claim other than
280	280	a lien or claim for county, school district, or municipal ad valorem
281	281	taxes; and
282	282	(3) are the personal liability of and a charge against
283	283	the owners of the property even if the owners are not named in the
284	284	assessment proceedings.
285	285	(c) The lien is effective from the date of the board's
286	286	resolution imposing the assessment until the date the assessment is
287	287	paid. The board may enforce the lien in the same manner that the
288	288	board may enforce an ad valorem tax lien against real property.
289	289	(d) The board may make a correction to or deletion from the
290	290	assessment roll that does not increase the amount of assessment of
291	291	any parcel of land without providing notice and holding a hearing in
292	292	the manner required for additional assessments.
293	293	SUBCHAPTER E. TAXES AND BONDS
294	294	Sec. 4016.0501. TAX ELECTION REQUIRED. (a) The district
295	295	must hold an election in the manner provided by Chapter 49, Water
296	296	Code, or, if applicable, Chapter 375, Local Government Code, to
297	297	obtain voter approval before the district may impose an ad valorem
298	298	tax.
299	299	(b) Section 375.243, Local Government Code, does not apply
300	300	to the district.
301	301	Sec. 4016.0502. OPERATION AND MAINTENANCE TAX. (a) If
302	302	authorized by a majority of the district voters voting at an
303	303	election under Section 4016.0501, the district may impose an
304	304	operation and maintenance tax on taxable property in the district
305	305	in the manner provided by Section 49.107, Water Code, for any
306	306	district purpose, including to:
307	307	(1) maintain and operate the district;
308	308	(2) construct or acquire improvements; or
309	309	(3) provide a service.
310	310	(b) The board shall determine the operation and maintenance
311	311	tax rate. The rate may not exceed the rate approved at the
312	312	election.
313	313	Sec. 4016.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
314	314	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
315	315	terms determined by the board.
316	316	(b) The district may issue, by public or private sale,
317	317	bonds, notes, or other obligations payable wholly or partly from ad
318	318	valorem taxes, assessments, impact fees, revenue, contract
319	319	payments, grants, or other district money, or any combination of
320	320	those sources of money, to pay for any authorized district purpose.
321	321	(c) The district may issue, by public or private sale,
322	322	bonds, notes, or other obligations payable wholly or partly from
323	323	assessments in the manner provided by Subchapter A, Chapter 372,
324	324	Local Government Code, if the improvement financed by the
325	325	obligation issued under this section will be conveyed to or
326	326	operated and maintained by a municipality or other retail utility
327	327	provider pursuant to an agreement with the district entered into
328	328	before the issuance of the obligation.
329	329	Sec. 4016.0504. BONDS SECURED BY REVENUE OR CONTRACT
330	330	PAYMENTS. The district may issue, without an election, bonds
331	331	secured by:
332	332	(1) revenue other than ad valorem taxes, including
333	333	contract revenues; or
334	334	(2) contract payments, provided that the requirements
335	335	of Section 49.108, Water Code, have been met.
336	336	Sec. 4016.0505. BONDS SECURED BY AD VALOREM TAXES;
337	337	ELECTIONS. (a) If authorized at an election under Section
338	338	4016.0501, the district may issue bonds payable from ad valorem
339	339	taxes.
340	340	(b) At the time the district issues bonds payable wholly or
341	341	partly from ad valorem taxes, the board shall provide for the annual
342	342	imposition of a continuing direct annual ad valorem tax, without
343	343	limit as to rate or amount, for each year that all or part of the
344	344	bonds are outstanding as required and in the manner provided by
345	345	Sections 54.601 and 54.602, Water Code.
346	346	(c) All or any part of any facilities or improvements that
347	347	may be acquired by a district by the issuance of its bonds may be
348	348	submitted as a single proposition or as several propositions to be
349	349	voted on at the election.
350	350	Sec. 4016.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
351	351	board may not issue bonds until each municipality in whose
352	352	corporate limits or extraterritorial jurisdiction the district is
353	353	located has consented by ordinance or resolution to the creation of
354	354	the district and to the inclusion of land in the district as
355	355	required by applicable law.
356	356	(b) This section applies only to the district's first
357	357	issuance of bonds payable from ad valorem taxes.
358	358	SUBCHAPTER I. DISSOLUTION
359	359	Sec. 4016.0901. DISSOLUTION. (a) The board shall dissolve
360	360	the district on written petition filed with the board by the owners
361	361	of:
362	362	(1) at least two-thirds of the assessed value of the
363	363	property subject to assessment by the district based on the most
364	364	recent certified county property tax rolls; or
365	365	(2) at least two-thirds of the surface area of the
366	366	district, excluding roads, streets, highways, utility
367	367	rights-of-way, other public areas, and other property exempt from
368	368	assessment by the district according to the most recent certified
369	369	county property tax rolls.
370	370	(b) The board by majority vote may dissolve the district at
371	371	any time.
372	372	(c) The district may not be dissolved by its board under
373	373	Subsection (a) or (b) if the district:
374	374	(1) has any outstanding bonded indebtedness until that
375	375	bonded indebtedness has been repaid or defeased in accordance with
376	376	the order or resolution authorizing the issuance of the bonds;
377	377	(2) has a contractual obligation to pay money until
378	378	that obligation has been fully paid in accordance with the
379	379	contract; or
380	380	(3) owns, operates, or maintains public works,
381	381	facilities, or improvements unless the district contracts with
382	382	another person for the ownership, operation, or maintenance of the
383	383	public works, facilities, or improvements.
384	384	(d) Sections 375.261, 375.262, and 375.264, Local
385	385	Government Code, do not apply to the district.
386	386	SECTION 2. The Bluebonnet Hills Municipal Management
387	387	District No. 1 initially includes all territory contained in the
388	388	following area:
389	389	TRACT 1:
390	390	Being a tract of land situated in the John Chamblee Survey, Abstract
391	391	No. 192, in the M.E.P. & P. Railroad Survey, Abstract No. 761 and in
392	392	the Allen Reeves Survey, Abstract No. 939, Ellis County, Texas, and
393	393	being part of a called 367.8751 acre tract of land conveyed to
394	394	Fulson Midlothian Partners I, LP by deed recorded in Volume 2220,
395	395	Page 194, Official Public Records, Ellis County, Texas and part of a
396	396	145.15 acre tract of land conveyed to Fulson Midlothian Partners I,
397	397	LP by deed recorded in Volume 2214, Page 2136, Deed Records, Ellis
398	398	County, Texas and being more particularly described as follows:
399	399	Beginning at a 1/2" iron pin found with orange cap stamped
400	400	"8172753361" on the northwest line of said 367.8751 acre tract, on
401	401	the southeast line of a 406.638 acre tract of land conveyed to One
402	402	Windsor Hills, LP by deed recorded in Volume 2206, Page 1415, Deed
403	403	Records, Ellis County, Texas and being the north corner of Tract 4,
404	404	a 9.607 acre tract of land conveyed to Kruthin, LLC by deed recorded
405	405	in Instrument No. 2136939, Official Public Records, Ellis County,
406	406	Texas;
407	407	Thence, North 58°46'14" East, along the northwest line of said
408	408	367.8751 acre tract and the southeast line of said 406.638 acre
409	409	tract, a distance of 3299.91 feet to a 1/2" iron pin set with yellow
410	410	cap stamped "CCG INC RPLS 5129" for an east corner of said 406.638
411	411	acre tract and a re-entrant corner of said 367.8751 acre tract;
412	412	Thence, North 30°05'16" West, along an easterly line of said 406.638
413	413	acre tract and a westerly line of said 367.8751 acre tract, a
414	414	distance of 291.53 feet to a 1/2" iron pin set with yellow cap
415	415	stamped "CCG INC RPLS 5129" for the northwest corner of said
416	416	367.8751 acre tract and being on the south line of Kimble Road (no
417	417	recorded R.O.W.);
418	418	Thence, North 73°16'08" East, along the northerly line of said
419	419	367.8751 acre tract and the southerly line of said Kimble Road, a
420	420	distance of 1043.50 feet to a 1/2" iron pin set with yellow cap
421	421	stamped "CCG INC RPLS 5129" for the northeast corner of said
422	422	367.8751 acre tract and the northwest corner of Tract II, a 239.022
423	423	acre tract of land conveyed to Cann Real Estates, LTD. By deed
424	424	recorded in Volume 1659, Page 719, Deed Records, Ellis County,
425	425	Texas, said point being South 44°38'47" East, a distance of 6.30
426	426	feet from a 1/2" iron pin found;
427	427	Thence, South 28°18'19" East, along the easterly line of said
428	428	367.8751 acre tract and the westerly line of said 239.022 acre
429	429	tract, a distance of 1164.51 feet to a mag nail found in wood post
430	430	for corner;
431	431	Thence, South 23°33'43" East, along the easterly line of said
432	432	367.8751 acre tract and the westerly line of said 239.022 acre
433	433	tract, passing at a distance of 2774.10 feet to a 1/2" iron pin
434	434	found with red cap stamped "GEER RPLS 4117" for a northeast corner
435	435	of said 145.15 acre tract and continuing for a total distance of
436	436	2820.97 feet to a 1/2" iron pin found for the southwest corner of
437	437	said 239.022 acre tract and a re-entrant corner of said 145.15 acre
438	438	tract;
439	439	Thence, North 55°33'31" West, a distance of 802.05 feet to a 1/2"
440	440	iron pin found with pink cap stamped "8172753361" for corner;
441	441	Thence, South 49°51'21" West, a distance of 1279.89 feet to a 1/2"
442	442	iron pin set with yellow cap stamped "CCG INC RPLS 5129" for corner
443	443	on the northwest line of Tract 8, a 26.698 acre tract of land
444	444	conveyed to Kruthin, LLC by deed recorded in Instrument
445	445	No. 2136939, Official Public Records, Ellis County, Texas;
446	446	Thence, North 45°24'41" West, a distance of 39.61 feet to a 1/2" iron
447	447	pin set with yellow cap stamped "CCG INC RPLS 5129" for the south
448	448	corner of a 26.861 acre tract of land conveyed to Canvas Midlothian
449	449	I Owner, LLC by deed recorded in Instrument No. 2156284, Official
450	450	Public Records, Ellis County, Texas;
451	451	Thence, North 44°35'09" East, along the southeast line of said
452	452	26.861 acre tract, a distance of 78.68 feet to a 1/2" iron pin set
453	453	with yellow cap stamped "CCG INC RPLS 5129" for the beginning of a
454	454	curve to the left having a central angle of 82°02'57", a radius of
455	455	955.00 feet and a chord bearing of North 03°33'51" East, a distance
456	456	of 1253.69 feet;
457	457	Thence, northeasterly, along the easterly line of said 26.861 acre
458	458	tract and said curve to the left, an arc distance of 1367.59 feet to
459	459	a 1/2" iron pin set with yellow cap stamped "CCG INC RPLS 5129" for
460	460	the end of said curve;
461	461	Thence, North 37°27'37" West, along the easterly line of said 26.861
462	462	acre tract, a distance of 16.23 feet to a 1/2" iron pin set with
463	463	yellow cap stamped "CCG INC RPLS 5129" for the northeast corner of
464	464	said 26.861 acre tract;
465	465	Thence, South 82°50'47" West, along the north line of said 26.861
466	466	acre tract, a distance of 1059.46 feet to a 1/2" iron pin set with
467	467	yellow cap stamped "CCG INC RPLS 5129" for the northwest corner of
468	468	said 26.861 acre tract;
469	469	Thence, South 07°09'13" East, along the west line of said 26.861
470	470	acre tract, a distance of 763.01 feet to a 1/2" iron pin set with
471	471	yellow cap stamped "CCG INC RPLS 5129" for the southwest corner of
472	472	said 26.861 acre tract;
473	473	Thence, North 74°43'29" West, a distance of 86.40 feet to a 1/2" iron
474	474	pin set with yellow cap stamped "CCG INC RPLS 5129" for the
475	475	beginning of a curve to the left having a central angle of 16°12'38",
476	476	a radius of 850.00 feet and a chord bearing of North 82°49'43" West,
477	477	a distance of 239.69 feet;
478	478	Thence, northwesterly, along said curve to the left, an arc
479	479	distance of 240.49 feet to a 1/2" iron pin set with yellow cap
480	480	stamped "CCG INC RPLS 5129" for corner on the east line of Tract
481	481	III, a 2.599 acre tract of land conveyed to Shiloh C.C., Inc. by
482	482	deed recorded in Instrument No. 1926898, Official Public Records,
483	483	Ellis County, Texas;
484	484	Thence, North 07°32'48" West, along the east line of said Tract III
485	485	and the east line of Tract II, a 5.002 acre tract of land conveyed to
486	486	Shiloh C.C., Inc. by deed recorded in Instrument No. 1926898,
487	487	Official Public Records, Ellis County, Texas, a distance of 715.95
488	488	feet to a 1/2" iron pin found for the northeast corner of said Tract
489	489	II;
490	490	Thence, South 82°27'14" West, along the north line of said Tract II
491	491	and the north line of Tract I, a 0.931 acre tract of land conveyed to
492	492	Shiloh C.C., Inc. by deed recorded in Instrument No. 1926898,
493	493	Official Public Records, Ellis County, Texas, a distance of 869.58
494	494	feet to a 1/2" iron pin set with yellow cap stamped "CCG INC RPLS
495	495	5129" for the west corner of said Tract I and on the northeast line
496	496	of Padera Lakeside Addition, an addition to the City of Midlothian,
497	497	Texas, according to the plat thereof recorded in Cabinet J, Page
498	498	335, Plat Records, Ellis County, Texas;
499	499	Thence, North 60°16'52" West, along the northeast line of said
500	500	Padera Lakeside Addition, a distance of 130.64 feet to a 1/2" iron
501	501	pin set with yellow cap stamped "CCG INC RPLS 5129" for the north
502	502	corner of said Padera Lakeside Addition;
503	503	Thence, North 60°28'03" West, a distance of 31.09 feet to a 1/2" iron
504	504	pin found with pink cap stamped "DTS 8172753361" for corner;
505	505	Thence, North 72°02'20" West, a distance of 601.32 feet to a 1/2"
506	506	iron pin found with pink cap stamped "DTS 8172753361" for corner;
507	507	Thence, South 62°49'32" West, a distance of 458.28 feet to a 1/2"
508	508	iron pin found with pink cap stamped "DTS 8172753361" for corner;
509	509	Thence, South 06°55'23" East, a distance of 559.76 feet to a 1/2"
510	510	iron pin found for corner on the northeast right-of-way line of U.S.
511	511	Highway No. 287 (variable width R.O.W.);
512	512	Thence, North 63°21'02" West, along the northeast right-of-way line
513	513	of U.S. Highway No. 287 (variable width R.O.W.), a distance of
514	514	79.31 feet to a concrete monument found for corner;
515	515	Thence, North 60°52'22" West, along the northeast right-of-way line
516	516	of U.S. Highway No. 287 (variable width R.O.W.), a distance of
517	517	66.98 feet to a 1/2" iron pin found with orange cap stamped
518	518	"8172753361" for the southeast corner of said Tract 4, a 9.607 acre
519	519	tract;
520	520	Thence, North 07°06'20" West, along the east line of said Tract 4, a
521	521	distance of 493.69 feet to a 1/2" iron pin found with orange cap
522	522	stamped "8172753361" for corner;
523	523	Thence, North 50°07'14" West, along the northeast line of said Tract
524	524	4, a distance of 431.52 feet to a 1/2" iron pin found with orange cap
525	525	stamped "8172753361" for corner;
526	526	Thence, North 00°27'34" West, along the east line of said Tract 4, a
527	527	distance of 276.56 feet to the Point of Beginning and containing
528	528	8,974,410 square feet or 206.024 acres of land.
529	529	TRACT 2:
530	530	BEING a tract of land situated in the Allen Reeves Survey, Abstract
531	531	Number 939, the John Chamblee Survey, Abstract Number 192 and the
532	532	J.B. Littlepage Survey, Abstract Number 643, Ellis County, Texas
533	533	and being all of a tract of land described by deed to Cann Real
534	534	Estate, LTD. recorded in Volume 1659, Page 719 (Tract II) of the
535	535	Deed Records Ellis County, Texas, and being more particularly
536	536	described as follows:
537	537	BEGINNING at a Flat iron blade found in a field for the southwest
538	538	corner of said Cann tract, said point also lying on the northerly
539	539	line of a tract of land to Fulsom Midlothian Partners, L.P. recorded
540	540	in Volume 2214, Page 2136 of said Deed Records at an inner ell
541	541	corner of same;
542	542	THENCE North 23 degrees 33 minutes 29 seconds West along the west
543	543	line of said Cann tract passing a 1/2 inch iron rod with cap stamped
544	544	"R.P.L.S. 4117" found for a northerly corner of said Fulsom tract,
545	545	same being the most northerly southeast corner of a tract of land to
546	546	Fulsom Midlothian Partners, L.P. recorded in Volume 2220, Page 194
547	547	of said Deed Records at a distance of 46.53 feet, and continuing
548	548	along the common line of said Cann tract and said Fulsom tract
549	549	recorded in Volume 2220, Page 194, a total a distance of 2820.45
550	550	feet to a MAG NAIL found in a wood fence post at an angle point on
551	551	said common line;
552	552	THENCE North 28 degrees 23 minutes 56 seconds West continuing along
553	553	said common line and generally along a barbed wire fence, a distance
554	554	of 1170.80 feet to 5/8 inch iron rod found in a dirt drive at the
555	555	general projection of the near center of Auger Road for the
556	556	northwest corner of said Cann tract, the northeast corner of said
557	557	Fulsom tract recorded in Volume 2220, Page 194 and lying on the
558	558	south line of a tract of land to One Windsor Hills, L.P. recorded in
559	559	Volume 2181, Page 1640 of said Deed Records;
560	560	THENCE along the northerly line of said Cann tract and generally
561	561	along Auger Road the following courses and distances;
562	562	North 74 degrees 39 minutes 18 seconds East, a distance of 8.56 feet
563	563	to 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
564	564	corner;
565	565	THENCE North 77 degrees 59 minutes 17 seconds East passing the
566	566	southwest corner of a tract of land to One Windsor Hills, L.P.
567	567	recorded in Volume 2202, Page 1293 of said Deed Records, and
568	568	continuing a total distance of 497.21 feet to 1/2 inch iron rod
569	569	found for corner:
570	570	South 84 degrees 33 minutes 17 seconds East, a distance of 619.13
571	571	feet to 1/2 inch iron rod found for corner;
572	572	North 81 degrees 34 minutes 16 seconds East, a distance of 521.44
573	573	feet to 1/2 inch iron rod found for the southeast corner of said One
574	574	Windsor Hills, L.P. recorded in Volume 2202, Page 1293 and the
575	575	southwest corner of a tract of land to The City of Midlothian
576	576	recorded in Volume 491, Page 81 of said Deed Records;
577	577	North 84 degrees 21 minutes 49 seconds East along the common line of
578	578	said Cann tract and said City tract, a distance of 205.64 feet to
579	579	1/2 inch iron rod found for corner;
580	580	North 88 degrees 25 minutes 58 seconds East continuing along said
581	581	common line, a distance of 829.02 feet to a 5/8 inch iron rod with
582	582	cap stamped "R.P.L.S. 5430" set for the northeast corner of said
583	583	Cann tract and the southeast corner of said City tract;
584	584	South 00 degrees 46 minutes 10 seconds East a distance of 976.31
585	585	feet to 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
586	586	corner;
587	587	South 89 degrees 57 minutes 42 seconds East a distance of 142.80
588	588	feet to 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
589	589	corner;
590	590	THENCE South 58 degrees 00 minutes 17 seconds East departing Auger
591	591	Road and passing the northwest corner of Overlook Estates IV an
592	592	addition to The City of Midlothian as recorded in Cabinet F, Page
593	593	187 of the Plat Records of Ellis County, Texas, a total distance of
594	594	301.58 feet to 1/2 inch iron rod stamped "N.D.M." found for corner;
595	595	THENCE along the common line of said Cann tract and said Overlook
596	596	Estates the following courses and distances;
597	597	South 63 degrees 43 minutes 33 seconds East, a distance of 214.61
598	598	feet to 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
599	599	corner;
600	600	South 41 degrees 22 minutes 28 seconds East, a distance of 66.05
601	601	feet to 1/2 inch iron rod stamped "N.D.M." found for corner;
602	602	South 24 degrees 18 minutes 05 seconds West, a distance of 90.50
603	603	feet to 1/2 inch iron rod stamped "N.D.M." found for corner;
604	604	South 24 degrees 57 minutes 58 seconds East, a distance of 23.23
605	605	feet to 1/2 inch iron rod stamped "N.D.M." found for corner;
606	606	North 80 degrees 48 minutes 32 seconds East, a distance of 68.55
607	607	feet to 1/2 inch iron rod stamped "N.D.M." found for corner;
608	608	South 30 degrees 52 minutes 50 seconds East, a distance of 252.81
609	609	feet to 1/2 inch iron rod stamped "N.D.M." found for corner;
610	610	North 72 degrees 27 minutes 37 seconds East, a distance of 54.51
611	611	feet to 1/2 inch iron rod stamped "N.D.M." found for corner;
612	612	South 37 degrees 16 minutes 38 seconds East, a distance of 80.19
613	613	feet to 1/2 inch iron rod stamped "N.D.M." found for corner;
614	614	South 01 degrees 09 minutes 54 seconds East, a distance of 97.03
615	615	feet to 1/2 inch iron rod stamped "N.D.M." found for corner;
616	616	South 29 degrees 02 minutes 50 seconds East, a distance of 224.48
617	617	feet to 1/2 inch iron rod stamped "N.D.M." found for corner;
618	618	South 08 degrees 17 minutes 52 seconds West, a distance of 53.22
619	619	feet to 1/2 inch iron rod stamped "N.D.M." found for corner;
620	620	South 71 degrees 58 minutes 49 seconds East, a distance of 42.96
621	621	feet to 1/2 inch iron rod stamped "N.D.M." found for corner;
622	622	South 68 degrees 32 minutes 23 seconds East, a distance of 79.06
623	623	feet to 1/2 inch iron rod stamped "N.D.M." found for corner;
624	624	South 42 degrees 51 minutes 10 seconds East, a distance of 280.02
625	625	feet to 1/2 inch iron rod stamped "N.D.M." found for corner;
626	626	North 77 degrees 23 minutes 36 seconds East, a distance of 57.39
627	627	feet to 1/2 inch iron rod stamped "N.D.M." found for corner;
628	628	South 23 degrees 51 minutes 49 seconds East, a distance of 79.75
629	629	feet to 1/2 inch iron rod stamped "N.D.M." found for corner;
630	630	South 70 degrees 56 minutes 56 seconds East, a distance of 20.25
631	631	feet to 1/2 inch iron rod found for the north corner of a tract of
632	632	land to Highway 67 28 Acre Partners, LTD. as recorded in Volume
633	633	2500, Page 1322 of said Deed Records;
634	634	THENCE South 60 degrees 23 minutes 41 seconds West along the common
635	635	line of said Cann tract and said Highway 67 tract a, distance of
636	636	50.72 feet to 1/2 inch iron rod found for corner;
637	637	THENCE South 32 degrees 36 minutes 05 seconds East continuing along
638	638	the common line of said Cann tract and said Highway 67 tract, a
639	639	distance of 1729.77 feet to 1/2 inch iron rod found for the
640	640	southeast corner of said Cann tract;
641	641	THENCE North 89 degrees 36 minutes 46 seconds West along the south
642	642	line of said Cann tract, a distance of 986.95 feet to 1/2 inch iron
643	643	rod found for corner at an angle point in same;
644	644	THENCE South 89 degrees 48 minutes 13 seconds West, a distance of
645	645	2310.83 feet to the POINT OF BEGINNING containing 10,557,874 square
646	646	Feet, or 242.375 acres of land.
647	647	SECTION 3. (a) The legal notice of the intention to
648	648	introduce this Act, setting forth the general substance of this
649	649	Act, has been published as provided by law, and the notice and a
650	650	copy of this Act have been furnished to all persons, agencies,
651	651	officials, or entities to which they are required to be furnished
652	652	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
653	653	Government Code.
654	654	(b) The governor, one of the required recipients, has
655	655	submitted the notice and Act to the Texas Commission on
656	656	Environmental Quality.
657	657	(c) The Texas Commission on Environmental Quality has filed
658	658	its recommendations relating to this Act with the governor,
659	659	lieutenant governor, and speaker of the house of representatives
660	660	within the required time.
661	661	(d) All requirements of the constitution and laws of this
662	662	state and the rules and procedures of the legislature with respect
663	663	to the notice, introduction, and passage of this Act have been
664	664	fulfilled and accomplished.
665	665	SECTION 4. (a) Section 4016.0311, Special District Local
666	666	Laws Code, as added by Section 1 of this Act, takes effect only if
667	667	this Act receives a two-thirds vote of all the members elected to
668	668	each house.
669	669	(b) If this Act does not receive a two-thirds vote of all the
670	670	members elected to each house, Subchapter C, Chapter 4016, Special
671	671	District Local Laws Code, as added by Section 1 of this Act, is
672	672	amended by adding Section 4016.0311 to read as follows:
673	673	Sec. 4016.0311. NO EMINENT DOMAIN POWER. The district may
674	674	not exercise the power of eminent domain.
675	675	SECTION 5. This Act takes effect immediately if it receives
676	676	a vote of two-thirds of all the members elected to each house, as
677	677	provided by Section 39, Article III, Texas Constitution. If this
678	678	Act does not receive the vote necessary for immediate effect, this
679	679	Act takes effect September 1, 2025.
680	680
681	681
682	682
683	683	Pos. No. Name of Director
684	684
685	685
686	686
687	687	1 Jake Weaver
688	688
689	689
690	690
691	691	2 Cassie Wagner
692	692
693	693
694	694
695	695	3 Dylan Suhy
696	696
697	697
698	698
699	699	4 Melanie Wright
700	700
701	701
702	702
703	703	5 Haley Sheffield