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AN ACT
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relating to the creation of the Midlothian Municipal Management |
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District No. 2; providing authority to impose a tax, levy an |
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assessment, and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3911 to read as follows: |
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CHAPTER 3911. MIDLOTHIAN MUNICIPAL MANAGEMENT DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3911.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Midlothian, Texas. |
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(3) "County" means Ellis County, Texas. |
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(4) "Development agreement" means the development |
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agreement between the city and ECOM Real Estate Management, Inc., |
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Trustee. |
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(5) "Director" means a board member. |
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(6) "District" means the Midlothian Municipal |
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Management District No. 2. |
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(7) "Improvement project" means a project authorized |
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by Subchapter C-1. |
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Sec. 3911.002. PRECONDITION; EXPIRATION. (a) In this |
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section, "finance plan" means a finance plan between the city and |
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the district that includes a general description of improvement |
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projects that will be financed by the district, an estimate of the |
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costs for the improvement projects, an estimate of the amount of the |
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costs for the improvement projects that the district will pay |
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directly or that will be reimbursed to the developer, and the means |
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of financing costs related to the planning, design, construction, |
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improvement, maintenance, and operation of the improvement |
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projects. |
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(b) The district may not exercise any powers under this |
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chapter until the development agreement and finance plan are |
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executed. |
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(c) This chapter, including Section 3911.062, expires |
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September 1, 2015, if the development agreement and finance plan |
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are not executed by that date. |
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Sec. 3911.003. CREATION AND NATURE OF DISTRICT. The |
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district is a special district created under Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 3911.004. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city or county from providing the level |
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of services provided as of the effective date of the Act enacting |
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this chapter to the area in the district. The district is created |
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to supplement and not to supplant city and county services provided |
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in the district. |
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Sec. 3911.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; |
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(3) providing quality residential housing; and |
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(4) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a residential community and business |
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center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, vehicle parking, and street art objects are parts of |
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and necessary components of a street and are considered to be an |
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improvement project that includes a street or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3911.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) A mistake in the field notes of the district contained |
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in Section 2 of the Act enacting this chapter or in copying the |
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field notes in the legislative process does not in any way affect: |
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(1) the district's organization, existence, or |
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validity; |
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(2) the district's right to contract, including the |
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right to issue any type of bond or other obligation for a purpose |
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for which the district is created; |
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(3) the district's right to impose or collect an |
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assessment, ad valorem taxes, or any other revenue; or |
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(4) the legality or operation of the board. |
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Sec. 3911.007. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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(a) All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created by the |
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city under Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created by the |
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city under Chapter 312, Tax Code; or |
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(3) an enterprise zone created by the city under |
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Chapter 2303, Government Code. |
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(b) If the city creates a tax increment reinvestment zone |
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described by Subsection (a), the city and the board of directors of |
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the zone, by contract with the district, may grant money deposited |
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in the tax increment fund to the district to be used by the district |
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for the purposes permitted for money granted to a corporation under |
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Section 380.002(b), Local Government Code, including the right to |
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pledge the money as security for any bonds issued by the district |
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for an improvement project. |
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[Sections 3911.008-3911.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3911.051. GOVERNING BODY; TERMS. The district is |
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governed by a board of five voting directors who serve staggered |
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terms of four years, with two or three directors' terms expiring May |
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31 of each even-numbered year. |
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Sec. 3911.052. QUALIFICATIONS. (a) To be qualified to |
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serve as a director appointed by the governing body of the city, a |
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person must be: |
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(1) a resident of the district who is also a registered |
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voter of the city; |
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(2) an owner of property in the district; or |
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(3) an agent, employee, or tenant of a person |
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described by Subdivision (2). |
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(b) Section 49.052, Water Code, does not apply to the |
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district. |
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Sec. 3911.053. APPOINTMENT OF DIRECTORS. The governing |
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body of the city shall appoint directors from a list of names |
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recommended by a majority of the board. The governing body may |
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request one additional list of names from the board. |
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Sec. 3911.054. EX OFFICIO DIRECTORS. (a) The following |
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persons serve ex officio as nonvoting directors: |
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(1) the city manager of the city; and |
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(2) the chief financial officer of the city. |
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(b) An ex officio director is entitled to notice of board |
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meetings and to speak on a matter before the board. |
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Sec. 3911.055. VACANCY. The governing body of the city |
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shall fill a vacancy on the board for the remainder of the unexpired |
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term in the same manner as the original appointment. |
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Sec. 3911.056. DIRECTOR'S OATH OR AFFIRMATION. A director |
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shall file the director's oath or affirmation of office with the |
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district, and the district shall retain the oath or affirmation in |
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the district records. |
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Sec. 3911.057. OFFICERS. The board shall elect from among |
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the directors a chair, a vice chair, and a secretary. |
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Sec. 3911.058. COMPENSATION; EXPENSES. (a) The district |
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may compensate each director in an amount not to exceed $75 for each |
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board meeting. The total amount of compensation for each director |
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in a calendar year may not exceed $3,000. |
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(b) The governing body of the city, by resolution or |
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ordinance, may increase: |
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(1) the compensation for each director to an amount |
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not to exceed $150 for each board meeting; and |
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(2) the total compensation for each director to an |
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amount not to exceed $6,000 in a calendar year. |
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(c) A director is entitled to reimbursement for necessary |
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and reasonable expenses incurred in carrying out the duties and |
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responsibilities of the board. |
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Sec. 3911.059. LIABILITY INSURANCE. The district may |
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obtain and pay for comprehensive general liability insurance |
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coverage from a commercial insurance company or other source that |
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protects and insures a director against personal liability and from |
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all claims relating to: |
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(1) actions taken by the director in the director's |
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capacity as a member of the board; |
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(2) actions and activities taken by the district; or |
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(3) the actions of others acting on behalf of the |
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district. |
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Sec. 3911.060. BOARD MEETINGS. The board shall hold |
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meetings at a place accessible to the public. |
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Sec. 3911.061. CONFLICTS OF INTEREST. Chapter 171, Local |
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Government Code, governs conflicts of interest of directors. |
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Sec. 3911.062. INITIAL DIRECTORS. (a) The governing body |
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of the city shall appoint the initial directors from a list of names |
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recommended by the owners of a majority of the assessed value of |
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property in the district. The governing body may request one |
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additional list of names from the board. |
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(b) The governing body of the city shall appoint the initial |
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directors after the effective date of the Act enacting this |
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chapter. |
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(c) The governing body shall stagger the terms, with two or |
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three directors' terms expiring May 31, 2012, and the remaining |
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directors' terms expiring May 31, 2014. |
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(d) Section 3911.052 does not apply to this section. |
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(e) This section expires September 1, 2016. |
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[Sections 3911.063-3911.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3911.101. IMPROVEMENT PROJECTS. The district may |
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provide, or it may enter into contracts with a governmental or |
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private entity to provide, the improvement projects described by |
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Subchapter C-1 or activities in support of or incidental to those |
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projects. |
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Sec. 3911.102. WATER DISTRICT POWERS. The district has the |
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powers provided by the general laws relating to conservation and |
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reclamation districts created under Section 59, Article XVI, Texas |
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Constitution, including Chapters 49 and 54, Water Code. |
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Sec. 3911.103. ROAD DISTRICT POWERS; EXCEPTION. (a) |
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Except as provided by Subsection (b), the district has the powers |
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provided by the general laws relating to road districts and road |
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utility districts created under Section 52(b), Article III, Texas |
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Constitution, including Chapter 441, Transportation Code. |
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(b) The district may exercise any power granted by this |
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chapter and by Chapter 441, Transportation Code, without regard to |
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any provision or requirement of, or procedure or maintenance tax |
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rate limitation prescribed by, Chapter 441, Transportation Code. |
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Sec. 3911.104. PUBLIC IMPROVEMENT DISTRICT POWERS. The |
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district has the powers provided by Subchapter A, Chapter 372, |
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Local Government Code, to a municipality or county. |
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Sec. 3911.105. MUNICIPAL MANAGEMENT DISTRICT POWERS. The |
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district has the powers provided by Chapter 375, Local Government |
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Code. |
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Sec. 3911.106. RULES; ENFORCEMENT. (a) The district may |
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adopt rules: |
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(1) to administer or operate the district; or |
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(2) for the use, enjoyment, availability, protection, |
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security, and maintenance of the district's property and |
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facilities. |
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(b) The district may enforce its rules by injunctive relief. |
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Sec. 3911.107. NOTICE OF NAME CHANGE. The board shall give |
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written notice of any name change to the city. |
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Sec. 3911.108. TERMS OF EMPLOYMENT; COMPENSATION. The |
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board may employ and establish the terms of employment and |
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compensation of an executive director or general manager and any |
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other district employees the board considers necessary. |
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Sec. 3911.109. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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[Sections 3911.110-3911.150 reserved for expansion] |
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SUBCHAPTER C-1. IMPROVEMENT PROJECTS |
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Sec. 3911.151. BOARD DETERMINATION REQUIRED. The district |
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may not undertake an improvement project or service unless the |
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board determines the project or service: |
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(1) is necessary to accomplish a public purpose of the |
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district; and |
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(2) complies with the development agreement or the |
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parties to the development agreement agree to the project or |
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service, in writing. |
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Sec. 3911.152. CITY REQUIREMENTS. (a) An improvement |
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project must comply with any applicable city construction codes and |
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construction ordinances. |
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(b) The district may not provide, conduct, or authorize any |
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improvement project on the city streets, highways, rights-of-way, |
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or easements without the consent of the governing body of the city. |
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Sec. 3911.153. ADDITIONAL CITY POWERS REGARDING |
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IMPROVEMENT PROJECTS. (a) Unless the district and the city agree |
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otherwise, the city may: |
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(1) by ordinance, order, or resolution require that |
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title to all or any portion of an improvement project vest in the |
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city; or |
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(2) by ordinance, order, or resolution or other |
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directive authorize the district to own, encumber, maintain, and |
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operate an improvement project or convey the project to the city at |
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a later date. |
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(b) The district shall immediately comply with any city |
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ordinance, order, or resolution adopted under this section. |
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Sec. 3911.154. LAKE. For the purposes of this subchapter, |
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planning, design, construction, improvement, or maintenance of a |
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lake includes work done for drainage, reclamation, or recreation. |
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Sec. 3911.155. WATER; EXCEPTION. (a) Except as provided by |
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Subsection (b), an improvement project may include a supply and |
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distribution facility or system to provide potable and nonpotable |
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water to the residents and businesses of the district, including a |
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wastewater collection facility. |
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(b) The district may not engage in the business of wholesale |
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or retail sale of potable water or the wholesale or retail |
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collection and treatment of wastewater. |
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Sec. 3911.156. ROADS. An improvement project may include a |
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paved, macadamized, or graveled road or street inside and outside |
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the district, to the full extent authorized by Section 52, Article |
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III, Texas Constitution. |
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Sec. 3911.157. STORM WATER. An improvement project may |
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include protection and improvement of the quality of storm water |
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that flows through the district. |
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Sec. 3911.158. PARKING OR HELIPORT. An improvement project |
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may include the planning, design, construction, improvement, |
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maintenance, and operation of an off-street parking facility or |
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heliport. |
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Sec. 3911.159. EDUCATION AND CULTURE. An improvement |
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project may include the planning and acquisition of: |
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(1) public art and sculpture and related exhibits and |
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facilities; or |
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(2) an educational facility and a cultural exhibit or |
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facility. |
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Sec. 3911.160. CONVENTION CENTER. An improvement project |
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may include the planning, design, construction, acquisition, |
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lease, rental, improvement, maintenance, installation, and |
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management of and provision of furnishings for a facility for: |
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(1) a conference, convention, or exhibition; |
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(2) a manufacturer, consumer, or trade show; |
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(3) a civic, community, or institutional event; or |
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(4) an exhibit, display, attraction, special event, or |
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seasonal or cultural celebration or holiday. |
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Sec. 3911.161. DEMOLITION. An improvement project may |
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include the removal, razing, demolition, or clearing of land or |
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improvements in connection with an improvement project. |
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Sec. 3911.162. MITIGATION OF ENVIRONMENTAL EFFECTS. An |
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improvement project may include the acquisition and improvement of |
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land or other property for the mitigation of the environmental |
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effects of an improvement project. |
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Sec. 3911.163. ACQUISITION OF PROPERTY. An improvement |
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project may include the acquisition of property or an interest in |
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property in connection with an improvement project, including a |
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project authorized by Subchapter A, Chapter 372, Local Government |
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Code. |
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Sec. 3911.164. SPECIAL OR SUPPLEMENTAL SERVICES. An |
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improvement project may include a special or supplemental service |
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for the improvement and promotion of the district or an area |
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adjacent to the district or for the protection of public health and |
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safety in or adjacent to the district, including: |
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(1) tourism; |
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(2) fire protection or emergency medical services; and |
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(3) educational improvements, enhancements, and |
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services. |
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Sec. 3911.165. MISCELLANEOUS DESIGN, CONSTRUCTION, AND |
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MAINTENANCE. An improvement project may include the planning, |
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design, construction, improvement, and maintenance of: |
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(1) highway right-of-way or transit corridor |
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beautification and improvement; |
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(2) a hiking and cycling path or trail; |
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(3) a pedestrian walkway; or |
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(4) a garden, recreational facility, community |
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activity center, dock, wharf, sports facility, open space, scenic |
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area, or related exhibit or preserve. |
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Sec. 3911.166. SIMILAR IMPROVEMENT PROJECTS. An |
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improvement project may include a public improvement, facility, or |
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service similar to a project described by this subchapter. |
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[Sections 3911.167-3911.200 reserved for expansion] |
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SUBCHAPTER C-2. CONTRACTS |
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Sec. 3911.201. GENERAL CONTRACT POWERS. The district may |
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contract with any person to accomplish any district purpose. |
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Sec. 3911.202. CONTRACT TERMS. A contract the district |
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enters into to carry out a purpose of this chapter may be on any |
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terms and for any period the board determines, including an |
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obligation to issue a negotiable or nonnegotiable note or warrant |
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payable to the city, the county, or any other person. |
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Sec. 3911.203. REIMBURSEMENT OF COSTS. The district may |
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contract with any person for the payment, repayment, or |
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reimbursement of costs incurred by that person on behalf of the |
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district, including all or part of the costs of an improvement |
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project and interest on the reimbursed cost. |
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Sec. 3911.204. CONTRACT FOR IMPROVEMENT PROJECT. (a) The |
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district may contract with any person for the use, occupancy, |
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lease, rental, operation, maintenance, or management of all or part |
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of a proposed or existing improvement project. |
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(b) The district may apply for and contract with any person |
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to receive, administer, and perform a duty or obligation of the |
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district under a federal, state, local, or private gift, grant, |
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loan, conveyance, transfer, bequest, or other financial assistance |
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arrangement relating to the investigation, planning, analysis, |
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study, design, acquisition, construction, improvement, completion, |
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implementation, or operation by the district or others of a |
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proposed or existing improvement project. |
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Sec. 3911.205. NO FURTHER CONTRACT AUTHORIZATION REQUIRED. |
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Except as provided by Section 3911.206, any person, including the |
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city, may contract with the district to carry out the purposes of |
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this chapter without further statutory or other authorization. |
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Sec. 3911.206. CITY APPROVAL OF CERTAIN CONTRACTS. A |
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contract payable from ad valorem taxes for a period longer than one |
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year must be approved by the governing body of the city. |
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[Sections 3911.207-3911.250 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 3911.251. DEVELOPMENT AGREEMENT REQUIRED TO BORROW |
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MONEY OR IMPOSE TAXES OR ASSESSMENTS, INCLUDING BONDS. Before the |
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district may issue bonds, impose taxes or assessments, or borrow |
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money, the district and the city must negotiate and execute a |
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development agreement regarding the development plans and rules |
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for: |
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(1) the development and operation of the district; and |
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(2) the financing of improvement projects. |
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Sec. 3911.252. BORROWING MONEY. The district may borrow |
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money for a district purpose by issuing or executing bonds, notes, |
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credit agreements, or other obligations of any kind found by the |
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board to be necessary or appropriate for a district purpose. The |
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bond, note, credit agreement, or other obligation must be secured |
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by and payable from any combination of ad valorem taxes, |
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assessments, or any other district revenue. |
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Sec. 3911.253. GENERAL POWERS REGARDING PAYMENT OF DISTRICT |
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BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or |
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secure the payment or repayment of any bond, note, or other |
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temporary or permanent obligation or reimbursement or other |
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contract with any person and the costs and expenses of the |
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establishment, administration, and operation of the district and |
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the district's costs or share of the costs or revenue of an |
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improvement project or district contractual obligation or debt by: |
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(1) the imposition of a tax or an assessment, user fee, |
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or rental charge; |
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(2) a lease, installment purchase contract, or other |
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agreement; or |
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(3) any other revenue or resources of the district or |
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other revenue authorized by the city, including revenue from a tax |
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increment reinvestment zone created by the city. |
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Sec. 3911.254. ASSESSMENTS. (a) The district may impose an |
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assessment on property in the district to pay the cost or the cost |
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of maintenance of any authorized district improvement in the manner |
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provided for: |
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(1) a district under Subchapters A, E, and F, Chapter |
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375, Local Government Code; or |
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(2) a municipality or county under Subchapter A, |
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Chapter 372, Local Government Code. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; and |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes. |
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(c) The lien of an assessment against property runs with the |
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land. The portion of an assessment payment obligation that has not |
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yet come due is not eliminated by the foreclosure of an ad valorem |
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tax lien, and any purchaser of property in a foreclosure of an ad |
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valorem tax lien takes the property subject to the assessment |
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payment obligations that have not yet come due and to the lien and |
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terms of the lien's payment under the applicable assessment |
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ordinance or order. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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(e) Section 372.023(e), Local Government Code, does not |
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apply to the district. |
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Sec. 3911.255. IMPACT FEES; EXEMPTION. (a) The district |
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may impose an impact fee on property in the district, including an |
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impact fee on residential or commercial property, only in the |
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manner provided by Subchapter A, Chapter 372, or Subchapter F, |
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Chapter 375, Local Government Code, for a municipality, county, or |
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public improvement district. |
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(b) An impact fee for residential property must be for the |
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limited purpose of providing capital funding for: |
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(1) public water and wastewater facilities; |
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(2) drainage and storm water facilities; and |
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(3) streets and alleys. |
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(c) The district may not impose an impact fee on the |
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property, including equipment and facilities, of a public utility |
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provider in the district. |
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Sec. 3911.256. NONPOTABLE WATER USER CHARGES; CITY |
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APPROVAL. The district may establish user charges for the use of |
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nonpotable water for irrigation purposes, subject to approval of |
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the governing body of the city. |
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Sec. 3911.257. COSTS FOR IMPROVEMENT PROJECTS. The |
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district may undertake separately or jointly with other persons, |
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including the city or county, all or part of the cost of an |
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improvement project, including an improvement project: |
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(1) for improving, enhancing, and supporting public |
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safety and security, fire protection and emergency medical |
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services, and law enforcement in and adjacent to the district; or |
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(2) that confers a general benefit on the entire |
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district or a special benefit on a definable part of the district. |
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Sec. 3911.258. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to the district. |
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[Sections 3911.259-3911.300 reserved for expansion] |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3911.301. PROPERTY TAX AUTHORIZED. The district may |
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impose an ad valorem tax on all taxable property in the district, |
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including industrial, commercial, and residential property, to pay |
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for an improvement project. |
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Sec. 3911.302. MAINTENANCE AND OPERATION TAX; ELECTION. |
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(a) The district may impose a tax for maintenance and operation |
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purposes, including for: |
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(1) planning, constructing, acquiring, maintaining, |
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repairing, and operating all improvement projects, including land, |
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plants, works, facilities, improvements, appliances, and equipment |
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of the district; and |
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(2) paying costs of services, engineering and legal |
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fees, and organization and administrative expenses. |
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(b) The district may not impose a maintenance and operation |
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tax unless a maximum tax rate is approved by the governing body of |
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the city and a majority of the district voters voting at an election |
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held for that purpose. The proposition in a maintenance and |
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operation tax election may be for a specific maximum rate or for an |
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unlimited rate. If a maximum tax rate is approved, the board may |
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impose the tax at any rate that does not exceed the approved rate. |
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(c) A maintenance and operation tax election may be held at |
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the same time and in conjunction with any other district election. |
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The election may be called by a separate election order or as part |
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of any other election order. |
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Sec. 3911.303. USE OF SURPLUS MAINTENANCE AND OPERATION |
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MONEY. If the district has maintenance and operation tax money that |
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is not needed for the purposes for which it was collected, the money |
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may be used for any authorized purpose. |
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Sec. 3911.304. TAX ABATEMENT. The district may enter into a |
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tax abatement agreement regarding the district's ad valorem taxes |
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in accordance with the general laws of this state authorizing and |
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applicable to a tax abatement agreement by a municipality. |
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Sec. 3911.305. BONDS AND OTHER OBLIGATIONS; MUNICIPAL |
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APPROVAL. (a) The district by competitive bid or negotiated sale |
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may issue bonds, notes, or other obligations payable wholly or |
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partly from ad valorem taxes or assessments in the manner provided |
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by Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local |
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Government Code. |
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(b) In exercising the district's borrowing power, the |
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district may issue a bond or other obligation in the form of a bond, |
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note, certificate of participation or other instrument to be made |
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by the district, or any other type of obligation. |
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(c) In addition to the sources of money described by |
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Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local |
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Government Code, district bonds may be secured and made payable, |
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wholly or partly, by a pledge of any part of the money the district |
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receives from system or improvement revenue or from any other |
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source. |
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Sec. 3911.306. BOND MATURITY. Bonds may mature not more |
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than 40 years from their date of issue. |
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Sec. 3911.307. TAXES FOR BONDS AND OTHER OBLIGATIONS; |
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ELECTION. (a) At the time bonds or other obligations payable |
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wholly or partly from ad valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, without limit as to rate or amount, for each year |
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that all or part of the bonds are outstanding; and |
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(2) the district annually shall impose an ad valorem |
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tax on all taxable property in the district in an amount sufficient |
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to: |
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(A) pay the interest on the bonds or other |
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obligations as the interest becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds or other obligations when due or the |
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redemption price at any earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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(b) Bonds or other obligations that are secured by and |
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payable from ad valorem taxes may not be issued unless the bonds and |
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the imposition of the taxes are approved by: |
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(1) a majority of the district voters voting at an |
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election held for that purpose; and |
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(2) the governing body of the city. |
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(c) The district shall hold an election required by this |
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section in the manner provided by Chapter 54, Water Code, and the |
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Election Code. |
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Sec. 3911.308. ISSUER POWERS FOR CERTAIN PUBLIC |
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IMPROVEMENTS. The district may exercise any power of an issuer |
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under Chapter 1371, Government Code. |
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[Sections 3911.309-3911.350 reserved for expansion] |
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SUBCHAPTER F. DISSOLUTION |
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Sec. 3911.351. DISSOLUTION BY CITY ORDINANCE. (a) The city |
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by ordinance may dissolve the district. |
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(b) The city may not dissolve the district until the |
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district's outstanding debt or contractual obligations have been |
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repaid or discharged, including the defeasance of any outstanding |
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debt issued by the city. |
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(c) The city may not dissolve the district until the |
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development agreement under Section 3911.251 has been executed and |
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the district's performance under the agreement has been fulfilled, |
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including any right or obligation the district has to reimburse a |
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developer or owner for the costs of improvement projects. |
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Sec. 3911.352. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. |
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(a) If the dissolved district has bonds or other obligations |
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outstanding secured by and payable from assessments or other |
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revenue, other than ad valorem taxes, the city shall succeed to the |
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rights and obligations of the district regarding enforcement and |
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collection of the assessments or other revenue. |
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(b) The city shall have and exercise all district powers to |
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enforce and collect the assessments or other revenue to pay: |
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(1) the bonds or other obligations when due and |
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payable according to their terms; or |
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(2) special revenue or assessment bonds or other |
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obligations issued by the city to refund the outstanding bonds or |
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obligations. |
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Sec. 3911.353. ASSUMPTION OF ASSETS AND LIABILITIES. (a) |
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After the city dissolves the district, the city assumes the |
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obligations of the district, including any bonds or other debt |
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payable from assessments or other district revenue. |
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(b) If the city dissolves the district, the board shall |
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transfer ownership of all district property to the city. |
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SECTION 2. The Midlothian Municipal Management District No. |
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2 initially includes all the territory contained in the following |
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area: |
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LEGAL DESCRIPTION |
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TRACT 1: |
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BEING a tract of land located in the JOHN EARLY SURVEY ABSTRACT NO. |
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343, JOSEPH H. WITHERSPOON SURVEY, ABSTRACT NO. 1137, ISAAC COOPER |
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SURVEY, ABSTRACT NO. 226, ELIZABETH RICE SURVEY, ABSTRACT NO. 929, |
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A.R. NEWTON SURVEY, ABSTRACT NO. 807, WEST WILKINS SURVEY, ABSTRACT |
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NO. 1162, J. KYSER SURVEY, ABSTRACT NO. 597, Z. HEATH SURVEY, |
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ABSTRACT NO. 455, PUERTA IRRIGATION COMPANY SURVEY, ABSTRACT NO. |
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1240, and the JAMES P. NEILL SURVEY, ABSTRACT NO. 1387, Ellis |
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County, Texas and being a part of those tracts of land described |
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Tract 3 and Tract 5 in Deed to ECOM Real Estate Management, Inc., |
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recorded in Volume 1792, Page 136, Deed Records, Ellis County, |
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Texas and being more particularly described as follows: |
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BEGINNING at a 1 inch iron pipe found in the East line of Walnut |
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Grove Road, a variable width right-of-way, at the most Westerly |
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Southwest corner of said Tract 3; |
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THENCE North 00 degrees 36 minutes 12 seconds West, along said East |
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line of Walnut Grove Road, a distance of 1,675.84 feet to a 1/2 inch |
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iron rod with a yellow plastic cap stamped "DAA" set for the most |
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Westerly Northwest corner of said Tract 3, said point being in the |
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South line of a tract of land described in Deed to Harold L. Curtis, |
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recorded in Volume 669, Page 548, Deed Records, Ellis County, |
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Texas; |
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THENCE North 88 degrees 46 minutes 56 seconds East, along the South |
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line of said Curtis tract and a tract of land described in Deed to |
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Homer Dudley and wife, Nana Dudley, recorded in Volume 1679, Page |
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407, Deed Records, Ellis County, Texas and a tract of land described |
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in Deed to Homer Dudley, recorded in Volume 1201, Page 416, Deed |
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|
Records, Ellis County, Texas, a distance of 1,648.23 feet to a 1/2 |
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inch iron rod with a yellow plastic cap stamped "BMI" found for |
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corner; |
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THENCE North 01 degrees 01 minutes 38 seconds West, a distance of |
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821.39 feet to a 1/2 inch iron rod with a red plastic cap found at |
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the Northeast corner of said Dudley tract recorded in Volume 1201, |
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Page 387 and the Southeast corner of a tract of land described in |
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Deed to Homer Dudley and wife, Nana Dudley recorded in Volume 1576, |
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page 387, Deed Records, Ellis County, Texas; |
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THENCE North 01 degrees 04 minutes 29 seconds West, a distance of |
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401.46 feet to a 1/2 inch iron rod found at the Northeast corner of |
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said Dudley tract recorded in Volume 1576, Page 387 and the most |
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Southerly Southeast corner of a tract of land described in Deed to |
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Gwendolyn Larue, recorded in Volume 669, Page 548, Deed Records, |
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Ellis County, Texas; |
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THENCE North 01 degrees 16 minutes 41 seconds West, along the East |
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line of said Larue tract, a distance of 71.65 feet to a 1/2 inch iron |
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rod found at the most Northerly Northwest corner of said Tract 3; |
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THENCE North 88 degrees 00 minutes 34 seconds East, along the South |
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line of said Larue tract, a distance of 324.01 feet to a 1/2 inch |
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iron rod found for corner; |
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THENCE South 06 degrees 01 minutes 23 seconds East, a distance of |
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50.05 feet to a 1/2 inch iron rod found at the most Southerly |
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Southwest corner of a tract of land described as Tract 2 in Deed to |
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Richard A. Brouwer, recorded in Volume 2033, Page 377, Deed |
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Records, Ellis County, Texas; |
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THENCE North 89 degrees 20 minutes 47 seconds East, along the most |
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Northerly South line of said Brouwer Tract 2, a distance of 910.39 |
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feet to a 1 inch iron pipe found at the Southeast corner of said |
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Houchin Tract 2 and the Southwest corner of a tract of land |
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described as Tract 1 in Deed to James Richard Houchin, recorded in |
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Volume 1931, Page 1469, Deed Records, Ellis County, Texas; |
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THENCE South 89 degrees 50 minutes 14 seconds East, along the South |
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line of said Brouwer Tract 1, a distance of 235.15 feet to a 1/2 inch |
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iron rod found at an ell corner of said Houchin Tract 1; |
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THENCE South 01 degrees 27 minutes 53 seconds East, a distance of |
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425.66 feet to a 1/2 inch iron rod found at the most Southerly |
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Southwest corner of said Brouwer Tract 1; |
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THENCE North 89 degrees 52 minutes 06 seconds East, along the most |
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Southerly South line of said Brouwer Tract 1, a distance of 500.00 |
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feet to a point for corner; |
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THENCE South 00 degrees 52 minutes 06 seconds West, a distance of |
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1,103.00 feet to a point for corner; |
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THENCE North 89 degrees 52 minutes 06 seconds East, a distance of |
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519.21 feet to a point for corner; |
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THENCE South 00 degrees 07 minutes 54 seconds East, a distance of |
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643.49 feet to a point for corner; |
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THENCE North 89 degrees 52 minutes 06 seconds East, a distance of |
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388.00 feet to a point for corner; |
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THENCE South 00 degrees 07 minutes 54 seconds East, a distance of |
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|
196.94 feet to a point for corner; |
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|
THENCE South 89 degrees 12 minutes 10 seconds West, a distance of |
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|
288.51 feet to a point for corner; |
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THENCE South 29 degrees 00 minutes 50 seconds East, a distance of |
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|
109.18 feet to a 1 point for corner; |
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THENCE South 44 degrees 37 minutes 50 seconds East, a distance of |
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231.94 feet to a point for corner; |
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THENCE South 24 degrees 04 minutes 50 seconds East, a distance of |
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|
133.89 feet to a point for corner; |
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|
THENCE South 35 degrees 57 minutes 50 seconds East, a distance of |
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|
98.06 feet to a point for corner; |
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|
THENCE South 30 degrees 47 minutes 50 seconds East, a distance of |
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|
138.89 feet to a 1/2 inch iron rod with a yellow plastic cap stamped |
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"DAA" set for corner; |
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THENCE Southerly with the approximate centerline of a creek the |
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following six (6) courses and distances: |
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South 07 degrees 54 minutes 27 seconds West, a distance of 221.82 |
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|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
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|
set for corner; |
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|
South 05 degrees 16 minutes 01 seconds West, a distance of 180.85 |
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|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
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|
set for corner; |
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|
South 05 degrees 43 minutes 17 seconds East, a distance of 89.54 |
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|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
|
|
set for corner; |
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|
South 39 degrees 55 minutes 09 seconds East, a distance of 92.89 |
|
|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
|
|
set for corner; |
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|
South 28 degrees 43 minutes 21 seconds East, a distance of 54.13 |
|
|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
|
|
set for corner; |
|
|
South 00 degrees 47 minutes 28 seconds East, a distance of 126.46 |
|
|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
|
|
set at the Northwest corner of a tract of land described in Cause |
|
|
No. 25281 of the District Court of Ellis County, recorded in Volume |
|
|
520, Page 609, Deed Records, Ellis County, Texas; |
|
|
THENCE North 89 degrees 49 minutes 35 seconds East, a distance of |
|
|
325.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped |
|
|
"DAA" set at the Northeast corner of said tract described in Cause |
|
|
No. 25281; |
|
|
THENCE South 00 degrees 26 minutes 57 seconds East, a distance of |
|
|
523.52 feet to a 1/2 inch iron rod with a yellow plastic cap stamped |
|
|
"DAA" set at the Southeast corner of said tract described in Cause |
|
|
No. 25281, said point being in the South line of a tract of land |
|
|
described in Deed to Alma Ann Seale, recorded in Volume 693, Page |
|
|
425, Deed Records, Ellis County, Texas; |
|
|
THENCE North 89 degrees 00 minutes 13 seconds East, along the South |
|
|
line of said Seale tract, a distance of 1,737.72 feet to a wood |
|
|
fence post found for corner; |
|
|
THENCE South 00 degrees 48 minutes 00 seconds East, along the West |
|
|
line of said Seale tract and the West line of a tract of land |
|
|
described in Deed to Alma Ann Seale, recorded in Volume 633, Page |
|
|
750, Deed Records, Ellis County, Texas, a distance of 3,390.10 feet |
|
|
to a 1/2 inch iron rod found at the Southwest corner of said Seale |
|
|
tract recorded in Volume 633, Page 750; |
|
|
THENCE North 89 degrees 32 minutes 26 seconds East, along the South |
|
|
line of said Seale tract, a distance of 937.08 feet to a 1/2 inch |
|
|
iron rod found at the Northwest corner of a tract of land described |
|
|
in Deed as a Save & Except from said Tract 3 to the City Of |
|
|
Midlothian And City Of Waxahachie; |
|
|
THENCE South 03 degrees 09 minutes 09 seconds West, along the West |
|
|
line of said Save & Except, a distance of 1,370.83 feet to a 2-1/2 |
|
|
inch aluminum disk found for corner; |
|
|
THENCE South 86 degrees 51 minutes 59 seconds East, along the South |
|
|
line of said Save & Except, a distance of 799.67 feet to a 2-1/2 inch |
|
|
aluminum disk found for corner; |
|
|
THENCE South 03 degrees 09 minutes 18 seconds West, along the West |
|
|
line of said Save & Except, a distance of 706.20 feet to a 2-1/2 inch |
|
|
aluminum disk found at the most Southerly Southwest corner of said |
|
|
Save & Except tract and the Northeast corner of a tract of land |
|
|
described in Deed to City Of Midlothian And City Of Waxahachie, |
|
|
recorded in Volume 828, Page 86, Deed Records, Ellis County, Texas, |
|
|
said point being in the North line of a tract of land described in |
|
|
Deed to Alma Ann Seale, recorded in Volume 571, Page 811, Deed |
|
|
Records, Ellis County, Texas; |
|
|
THENCE South 89 degrees 02 minutes 26 seconds West, along said North |
|
|
line, a distance of 1,833.21 feet to a 1/2 inch iron rod found for |
|
|
corner; |
|
|
THENCE North 00 degrees 46 minutes 36 seconds West, along the most |
|
|
Westerly East line of said Seale tract, a distance of 790.80 feet to |
|
|
a 1/2 inch iron rod found for corner; |
|
|
THENCE North 26 degrees 47 minutes 39 seconds West, a distance of |
|
|
332.61 feet to a 1/2 inch iron rod found for corner; |
|
|
THENCE South 89 degrees 26 minutes 15 seconds West, along the North |
|
|
line of said Seale tract, a distance of 751.98 feet to a 1/2 inch |
|
|
iron rod with a yellow plastic cap stamped "DAA" set for corner in |
|
|
the East line of a tract of land described as Tract II in Deed to |
|
|
Garland Boles, recorded in Volume 996, Page 531, Deed records, |
|
|
Ellis County, Texas; |
|
|
THENCE North 10 degrees 15 minutes 25 seconds East, along said East |
|
|
line, a distance of 30.73 feet to a 1/2 inch iron rod with a yellow |
|
|
plastic cap stamped "DAA" set at the Northeast corner of said Boles |
|
|
tract; |
|
|
THENCE South 83 degrees 14 minutes 25 seconds West, along the North |
|
|
line of said Bole tract, passing a 5/8 inch iron rod found at a |
|
|
distance of 8.81 feet, and continuing for a total distance of 279.60 |
|
|
feet to a 1/2 inch iron rod found for corner; |
|
|
THENCE South 00 degrees 33 minutes 25 seconds West, along the West |
|
|
line of said Boles tract, a distance of 1,238.49 feet to a 1/2 inch |
|
|
iron rod found for corner; |
|
|
THENCE North 88 degrees 29 minutes 08 seconds West, a distance of |
|
|
88.26 feet to a Texas Department of Transportation aluminum disk |
|
|
found for corner in the Northeast line of U.S. Highway No. 287, a |
|
|
variable width right-of-way; |
|
|
THENCE Northwesterly along said Northeast right-of-way line the |
|
|
following five (5) courses and distances: |
|
|
North 48 degrees 39 minutes 02 seconds West, a distance of 692.86 |
|
|
feet to a Texas Department of Transportation aluminum disk found |
|
|
for corner; |
|
|
North 44 degrees 56 minutes 29 seconds West, a distance of 2,196.70 |
|
|
feet to a Texas Department of Transportation aluminum disk found |
|
|
for corner; |
|
|
North 39 degrees 54 minutes 45 seconds West, a distance of 501.93 |
|
|
feet to a Texas Department of Transportation aluminum disk found |
|
|
for corner; |
|
|
North 50 degrees 39 minutes 07 seconds West, a distance of 502.49 |
|
|
feet to a Texas Department of Transportation aluminum disk found |
|
|
for corner; |
|
|
North 45 degrees 59 minutes 38 seconds West, a distance of 418.55 |
|
|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
|
|
set for corner in the Southeast line of Lot 1, Block A of Walnut |
|
|
Grove Center North, an Addition to the City of Midlothian according |
|
|
to the Plat thereof recorded in Cabinet F, Slide 185, Plat records, |
|
|
Ellis County, Texas, said point being North 56 degrees 12 minutes 08 |
|
|
seconds East, 0.39 feet from a found 1/2 inch iron rod with a yellow |
|
|
plastic cap stamped "BRITTAIN & CRAWFORD"; |
|
|
THENCE North 44 degrees 38 minutes 36 seconds East, along the |
|
|
Southeast line of said Addition, a distance of 432.10 feet to a 1/2 |
|
|
inch iron rod with a yellow plastic cap stamped "BRITTAIN & |
|
|
CRAWFORD" found at the most Easterly corner of said Addition; |
|
|
THENCE North 45 degrees 21 minutes 24 seconds West, a distance of |
|
|
1,300.00 feet to a 1/2 inch iron rod with a yellow plastic cap |
|
|
stamped "BRITTAIN & CRAWFORD" found at the most Northerly corner of |
|
|
said Addition; |
|
|
THENCE North 00 degrees 05 minutes 21 seconds East, a distance of |
|
|
907.03 feet to a 1/2 inch iron rod found at the Northeast corner of a |
|
|
tract of land described as Tract 1 in Deed to Sara Jane Properties, |
|
|
Ltd., recorded in Volume 1808, Page 242, Deed Records, Ellis |
|
|
County, Texas and the Southeast corner of a tract of land described |
|
|
in Deed to Sara Jane Properties, Ltd., recorded in Volume 1808, Page |
|
|
248, Deed Records, Ellis County, Texas; |
|
|
THENCE North 00 degrees 07 minutes 42 seconds West, a distance of |
|
|
1,013.26 feet to a 1/2 inch iron rod with a yellow plastic cap |
|
|
stamped "RPLS 4480" found at the Southeast corner of Lot 2 of Turner |
|
|
Homestead Estates, an Addition to the City of Midlothian according |
|
|
to the Plat thereof recorded in Cabinet E, Slide 194, Plat records, |
|
|
Ellis County, Texas; |
|
|
THENCE North 00 degrees 02 minutes 12 seconds West, a distance of |
|
|
604.57 feet to a 1/2 inch iron rod found at the Northeast corner of |
|
|
Lot 1 of said Addition and the Southeast corner of a tract of land |
|
|
described in Deed to Stephen M. Guerrero and wife, Melissa M. |
|
|
Guerrero, recorded in Volume 1657, Page 41, Deed Records, Ellis |
|
|
County, Texas; |
|
|
THENCE North 01 degrees 40 minutes 57 seconds West, a distance of |
|
|
164.79 feet to a 1/2 inch iron rod found at the Northeast corner of |
|
|
said Guerrero tract; |
|
|
THENCE South 88 degrees 59 minutes 29 seconds West, along the North |
|
|
line of said Guerrero tract, a distance of 1,550.61 feet to the |
|
|
POINT OF BEGINNING and containing 839.041 acres of land, more or |
|
|
less. |
|
|
LEGAL DESCRIPTION |
|
|
TRACT 2: |
|
|
BEING a tract of land located in the ROBERT HOSFORD SURVEY, ABSTRACT |
|
|
NO. 533, J.L. BLANTON SURVEY, ABSTRACT NO. 1284 and the JOURDAN |
|
|
POWERS SURVEY, ABSTRACT NO. 838, Ellis County, Texas and being all |
|
|
of a tract of land described as Tract 2 in Deed to ECOM Real Estate |
|
|
Management, Inc., recorded in Volume 1792, Page 136, Deed Records, |
|
|
Ellis County, Texas and being more particularly described as |
|
|
follows: |
|
|
BEGINNING at a point for corner near the approximate centerline of |
|
|
Walnut Grove Road, a variable width right-of-way, at the most |
|
|
Westerly Northwest corner of said Tract 2; |
|
|
THENCE North 88 degrees 33 minutes 24 seconds East, passing at a |
|
|
distance of 20.61 feet a 3/4 inch iron rod found at the Southwest |
|
|
corner of a tract of land described in Deed to Joseph L. Rodgers and |
|
|
wife, Merry Nicol Rodgers, recorded in Volume 845, Page 711, Deed |
|
|
Records, Ellis County, Texas, and continuing for a total distance |
|
|
of 1,971.70 feet to a 1/2 inch iron rod with a yellow plastic cap |
|
|
stamped "DAA" set for corner; |
|
|
THENCE North 88 degrees 26 minutes 34 seconds East, a distance of |
|
|
32.90 feet to a 1/2 inch iron rod found at an inner ell corner of |
|
|
said Tract 2; |
|
|
THENCE North 00 degrees 06 minutes 53 seconds West, a distance of |
|
|
1,815.01 feet to an axle found at the most Northerly Northwest |
|
|
corner of said Tract 2 and the Southwest corner of a tract of land |
|
|
described in Deed to MCDC, Ltd., L.P., recorded in Volume 1979, page |
|
|
1154, Deed Records, Ellis County, Texas, said point also being the |
|
|
Southwest corner of Lot 9, Block 1 of HIDDEN MEADOW, an Addition to |
|
|
the City of Midlothian, Ellis County, Texas according to the Plat |
|
|
thereof recorded in Cabinet H, Slide 157, Plat Records, Ellis |
|
|
County, Texas; |
|
|
THENCE North 77 degrees 08 minutes 11 seconds East, along the common |
|
|
line of said Tract 2, said MCDC tract and said Addition, a distance |
|
|
of 909.33 feet to a 1/2 inch iron rod found at the Most Northerly |
|
|
Northeast corner of said Tract 2 and the Northwest corner of a tract |
|
|
of land described in Deed to Charles Fairbanks, Jr., recorded in |
|
|
Volume 1979, Page 1127, Deed Records, Ellis County, Texas; |
|
|
THENCE South 07 degrees 01 minutes 08 seconds East, along the common |
|
|
line of said Tract 2 and said Fairbanks tract, a distance of |
|
|
1,198.90 feet to a wood fence post found for corner; |
|
|
THENCE North 89 degrees 41 minutes 59 seconds East, continuing |
|
|
along the common line of said Tract 2 and said Fairbanks tract, a |
|
|
distance of 475.12 feet to a point for corner in the West line of a |
|
|
tract of land described in Deed to Terry G. Weaver, recorded in |
|
|
Volume 1878, Page 684, Deed Records, Ellis County, Texas, said |
|
|
point being near the approximate centerline of a creek; |
|
|
THENCE Southerly with the West line of said Weaver tract and the |
|
|
approximate centerline of said creek the following three (3) |
|
|
courses and distances: |
|
|
South 22 degrees 06 minutes 29 seconds West, a distance of 58.05 |
|
|
feet to a point for corner; |
|
|
South 09 degrees 30 minutes 50 seconds East, a distance of 342.74 |
|
|
feet to a point for corner; |
|
|
South 19 degrees 53 minutes 00 seconds East, a distance of 210.41 |
|
|
feet to a point at the Northeast corner of a tract of land described |
|
|
as Tract 1 in Deed to Richard A. Brouwer and wife, Mary K. Brouwer, |
|
|
recorded in Volume 2033, Page 377, Deed Records, Ellis County, |
|
|
Texas; |
|
|
THENCE along the Northerly and Westerly lines of said Brouwer tract |
|
|
the following eight (8) courses and distances: |
|
|
North 72 degrees 02 minutes 30 seconds West, a distance of 58.66 |
|
|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
|
|
set for corner; |
|
|
North 89 degrees 17 minutes 47 seconds West, a distance of 127.79 |
|
|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
|
|
set for corner; |
|
|
South 75 degrees 33 minutes 32 seconds West, a distance of 132.00 |
|
|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
|
|
set for corner; |
|
|
North 61 degrees 42 minutes 14 seconds West, a distance of 33.00 |
|
|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped |
|
|
"COTTON SURVEYING" found for corner; |
|
|
South 02 degrees 43 minutes 46 seconds East, a distance of 129.00 |
|
|
feet to a 1/2 inch iron rod found for corner; |
|
|
South 53 degrees 49 minutes 45 seconds West, a distance of 179.66 |
|
|
feet to a 5/8 inch iron rod found for corner; |
|
|
South 53 degrees 47 minutes 16 seconds West, a distance of 303.27 |
|
|
feet to a 1/2 inch iron rod found for corner; |
|
|
South 02 degrees 11 minutes 06 seconds East, a distance of 1,196.11 |
|
|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
|
|
set for the Southeast corner of said Tract 2 and the most Easterly |
|
|
Northeast corner of a tract of land described as Tract 2 in Deed to |
|
|
Richard A. Brouwer and wife, Mary K. Brouwer, recorded in Volume |
|
|
2033, Page 377, Deed Records, Ellis County, Texas, said point being |
|
|
North 02 degrees 11 minutes 06 seconds West, 30.00 feet from a 1 |
|
|
inch iron pipe found at the Southwest corner of said Brouwer Tract |
|
|
1; |
|
|
THENCE along the common line of said ECOM Real Estate Management |
|
|
Company Tract 2 and said Brouwer Tract 2 the following three courses |
|
|
and distances: |
|
|
South 89 degrees 25 minutes 42 seconds West, a distance of 880.81 |
|
|
feet to a 10 inch wood fence post for corner; |
|
|
North 03 degrees 02 minutes 05 seconds West, a distance of 335.12 |
|
|
feet to a 1/2 inch iron rod found for corner; |
|
|
South 89 degrees 09 minutes 22 seconds West, a distance of 2,010.01 |
|
|
feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" |
|
|
set for corner near the approximate centerline of said Walnut Grove |
|
|
Road; |
|
|
THENCE North 01 degrees 34 minutes 39 seconds West, a distance of |
|
|
1,020.13 feet to the POINT OF BEGINNING and containing 127.324 |
|
|
acres of land, more or less. |
|
|
FIELD NOTE DESCRIPTION |
|
|
TRACT 3: |
|
|
BEING a tract of land situated in the J. H. Witherspoon Survey, |
|
|
Abstract 1137, the I. Cooper Survey, Abstract No. 226, the Mary T. |
|
|
Castor Survey, Abstract 236, the James P. Alford Survey, Abstract 7 |
|
|
and the J. H. Witherspoon Survey, Abstract 1136, all of Ellis |
|
|
County, Texas, said tract being a portion of that tract of land |
|
|
conveyed to ECOM Real Estate Management, Inc. according to the |
|
|
document filed of record in Volume 1177, Page 555, Deed Records of |
|
|
Ellis County, Texas, said tract being more particularly described |
|
|
as follows: |
|
|
BEGINNING at a point in the North Line of the M.J. Pogue Survey for |
|
|
the Southwest corner of said C. L. Williams Survey, same being |
|
|
common with the most Easterly Southeast corner of said M. T. Castor |
|
|
Survey; |
|
|
THENCE North 2 degrees 26 minutes West, along a fence and the Survey |
|
|
line, 546.60 feet to a point for corner; |
|
|
THENCE South 50 degrees 01 minutes West, 440.9 feet to a point for |
|
|
corner; |
|
|
THENCE South 4 degrees 25 minutes East, 152.3 feet to a point for |
|
|
corner; |
|
|
THENCE South 35 degrees 05 minutes West 126.0 feet to a point in the |
|
|
North line of the M. J. Pogue Survey; |
|
|
THENCE North 89 degrees 59 minutes West, along a fence and a Survey |
|
|
line, 392.0 feet to a point for corner; |
|
|
THENCE South 0 degrees 25 minutes East, along a fence, 886.3 feet to |
|
|
a point for corner; |
|
|
THENCE North 89 degrees 52 minutes West, along a fence and the South |
|
|
line of said Castor Survey, 2412.0 feet to a point for corner being |
|
|
the Southwest corner of said Castor Survey; |
|
|
THENCE North 0 degrees 40 minutes West, along a fence and said |
|
|
Survey line, 1340.58 feet to point on the North side of Plainview |
|
|
Road; |
|
|
THENCE South 89 degrees 22 minutes 25 seconds East, 867.34 feet to a |
|
|
point for corner; |
|
|
THENCE North 89 degrees 04 minutes 35 seconds East, 346.53 feet to a |
|
|
point for corner; |
|
|
THENCE North 89 degrees 50 minutes 13 seconds East, 553.19 feet to a |
|
|
point for corner at the beginning of a curve to the left having a |
|
|
radius of 55.57 feet, a central angle of 77 degrees 01 minutes 46 |
|
|
seconds and a chord bearing and distance of North 51 degrees 17 |
|
|
minutes 31 seconds East, 69.21 feet; |
|
|
With said curve to the left an arc distance of 74.71 feet to a point |
|
|
for a corner of this tract; |
|
|
THENCE North 12 degrees 46 minutes 38 seconds East, 416.00 feet to a |
|
|
point for cornerat the beginning of a curve to the left having a |
|
|
radius of 1066.97 feet, a central angle of 8 degrees 20 minutes 31 |
|
|
seconds and a chord bearing and distance of North 08 degrees 36 |
|
|
minutes 22 seconds East, 155.21 feet; |
|
|
With said curve to the left an arc distance of 155.35 feet to a point |
|
|
for a corner of this tract; |
|
|
THENCE North 04 degrees 26 minutes 34 seconds East, 435.87 feet to a |
|
|
point for corner; |
|
|
THENCE North 3 degrees 18 minutes East, 208.3 feet to a point for |
|
|
corner; |
|
|
THENCE North 19 degrees 16 minutes West, 303.3 feet to a point for |
|
|
corner; |
|
|
THENCE North 25 degrees 43 minutes East, 289.3 feet to a point for |
|
|
corner; |
|
|
THENCE North 0 degrees 45 minutes West, 687.13 feet to a point for |
|
|
corner in the South Line of the H. & T.C. Railroad; |
|
|
THENCE South 56 degrees 37 minutes 50 seconds East, with said South |
|
|
Line, a distance of 2327.68 feet to a point for a corner at the |
|
|
beginning of a curve to right having a radius of 15566.77 feet, a |
|
|
central angle of 01 degrees 32 minutes 51 seconds and a chord |
|
|
bearing and distance of South 55 degrees 04 minutes 32 seconds East, |
|
|
420.40 feet; |
|
|
With said curve to the right an arc distance of 420.42 feet to a |
|
|
point for a corner at the beginning of a curve to the right having |
|
|
aradius of 2814.79 feet, a central angle of 19 degrees 59 minutes 08 |
|
|
seconds and a chord bearing and distance of South 41 degrees 26 |
|
|
minutes 36 seconds East, 976.87 feet; |
|
|
With said curve to the right an arc distance of 981.84 feet to a |
|
|
point for a corner at the beginning of a curve to the right having a |
|
|
radius of 22649.48 feet, a central angle of 0 degrees 33 minutes 30 |
|
|
seconds and a chord bearing and distance of South 30 degrees 13 |
|
|
minutes 42 seconds East, 220.70 feet; |
|
|
With said curve to the right an arc distance of 220.71 feet to a |
|
|
point for a corner; |
|
|
THENCE South29 degrees 40 minutes 07 seconds East, 561.82 feet to a |
|
|
point for corner; |
|
|
THENCE South 89 degrees 47 minutes West, leaving said Railroad |
|
|
South Line, a distance of 378.59 feet to a point for corner at the |
|
|
Northeast corner of the M. J. Pogue Survey; |
|
|
THENCE North 89 degrees 21 minutes West, with the North Line of said |
|
|
Pogue Survey, a distance of 72.3 feet to the West line of the above |
|
|
mentioned Cooper Survey; |
|
|
THENCE North 89 degrees 21 minutes West, with fence and common line |
|
|
of said Pogue Survey and the above mentioned Geo. L. Williams |
|
|
Survey, a distance of 1584.9 feet to the POINT OF BEGINNING, |
|
|
containing 201.01 acres of land, more or less. |
|
|
SECTION 3. (a) The legal notice of the intention to |
|
|
introduce this Act, setting forth the general substance of this |
|
|
Act, has been published as provided by law, and the notice and a |
|
|
copy of this Act have been furnished to all persons, agencies, |
|
|
officials, or entities to which they are required to be furnished |
|
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
|
Government Code. |
|
|
(b) The governor, one of the required recipients, has |
|
|
submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality. |
|
|
(c) The Texas Commission on Environmental Quality has filed |
|
|
its recommendations relating to this Act with the governor, |
|
|
lieutenant governor, and speaker of the house of representatives |
|
|
within the required time. |
|
|
(d) All requirements of the constitution and laws of this |
|
|
state and the rules and procedures of the legislature with respect |
|
|
to the notice, introduction, and passage of this Act have been |
|
|
fulfilled and accomplished. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2011. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3852 was passed by the House on May |
|
|
13, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 3852 was passed by the Senate on May |
|
|
24, 2011, by the following vote: Yeas 31, Nays 0 |
|
|
. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |