H.B. No. 3136
 
 
 
 
AN ACT
  relating to the creation of the Windsor Hills Municipal Management
  District No. 1; providing authority to issue bonds; providing
  authority to impose assessments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 4, Special District Local Laws
  Code, is amended by adding Chapter 3946 to read as follows:
  CHAPTER 3946. WINDSOR HILLS MUNICIPAL MANAGEMENT DISTRICT NO. 1
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 3946.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Midlothian, Texas.
               (3)  "Commission" means the Texas Commission on
  Environmental Quality.
               (4)  "Development agreement" means a development
  agreement between the city and One Windsor Hills, L.P., that
  establishes the standards that apply to development in the district
  and includes zoning provisions for the district that allow a
  maximum of 545 residential units.
               (5)  "Director" means a board member.
               (6)  "District" means the Windsor Hills Municipal
  Management District No. 1.
               (7)  "Finance plan" means a finance plan between the
  city and the district that includes a general description of
  proposed improvement projects that will be financed by the
  district, an estimate of the costs for the proposed improvement
  projects, and the means of financing costs related to the planning,
  design, construction, and improvement of the proposed improvement
  projects.
         Sec. 3946.002.  PRECONDITION; EXPIRATION. (a) The district
  may not exercise any powers under this chapter until the
  development agreement and finance plan are executed.
         (b)  This chapter, including Section 3946.052, expires
  September 1, 2019, if the development agreement and finance plan
  are not executed by that date.
         Sec. 3946.003.  CREATION AND NATURE OF DISTRICT. The
  district is a special district created under Section 59, Article
  XVI, Texas Constitution.
         Sec. 3946.004.  PURPOSE; LEGISLATIVE FINDINGS. (a) The
  creation of the district is essential to accomplish the purposes of
  Sections 52 and 52-a, Article III, and Section 59, Article XVI,
  Texas Constitution, and other public purposes stated in this
  chapter. By creating the district and in authorizing the city and
  other political subdivisions to contract with the district, the
  legislature has established a program to accomplish the public
  purposes set out in Section 52-a, Article III, Texas Constitution.
         (b)  The creation of the district is necessary to promote,
  develop, encourage, and maintain employment, commerce,
  transportation, housing, tourism, recreation, the arts,
  entertainment, economic development, safety, and the public
  welfare in the district.
         (c)  This chapter and the creation of the district may not be
  interpreted to relieve the city from providing the level of
  services provided to the area in the district as of the effective
  date of the Act enacting this chapter. The district is created to
  supplement and not to supplant the city services provided in the
  district.
         Sec. 3946.005.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
  The district is created to serve a public use and benefit.
         (b)  All land and other property included in the district
  will benefit from the improvements and services to be provided by
  the district under powers conferred by Sections 52 and 52-a,
  Article III, and Section 59, Article XVI, Texas Constitution, and
  other powers granted under this chapter.
         (c)  The district is created to accomplish the purposes of a
  municipal management district as provided by general law and
  Sections 52 and 52-a, Article III, and Section 59, Article XVI,
  Texas Constitution.
         (d)  The creation of the district is in the public interest
  and is essential to further the public purposes of:
               (1)  developing and diversifying the economy of the
  state;
               (2)  eliminating unemployment and underemployment;
               (3)  providing quality residential housing; and
               (4)  developing or expanding transportation and
  commerce.
         (e)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, potential employees, employees, visitors,
  and consumers in the district, and of the public;
               (2)  provide needed funding for the district to
  preserve, maintain, and enhance the economic health and vitality of
  the district territory as a residential community and business
  center; and
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways and by landscaping and
  developing certain areas in the district, which are necessary for
  the restoration, preservation, and enhancement of scenic beauty.
         (f)  Pedestrian ways along or across a street, whether at
  grade or above or below the surface, and street lighting, street
  landscaping, parking, and street art objects are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (g)  The district will not act as the agent or
  instrumentality of any private interest even though the district
  will benefit many private interests as well as the public.
         Sec. 3946.006.  INITIAL DISTRICT TERRITORY. (a) The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting this chapter form a closure. A mistake in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to contract;
               (3)  authority to borrow money or issue any type of
  bonds or other obligations for a purpose for which the district is
  created;
               (4)  right to impose or collect an assessment, or
  collect other revenue; or
               (5)  legality or operation.
         Sec. 3946.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICT LAW. Except as provided by this chapter, Chapter 375,
  Local Government Code, applies to the district.
         Sec. 3946.008.  CONFIRMATION AND DIRECTORS' ELECTION
  REQUIRED. The initial directors shall hold an election to confirm
  the creation of the district and to elect five permanent directors
  as provided by Section 49.102, Water Code.
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 3946.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 3946.052, directors serve
  staggered four-year terms, with two or three directors' terms
  expiring May 31 of each even-numbered year.
         Sec. 3946.052.  INITIAL DIRECTORS. (a) The initial board
  consists of:
               (1)  John Malloy;
               (2)  Jon Hendrickson;
               (3)  Suzanne Disette;
               (4)  Katie Martin Brown; and
               (5)  Christopher Alan Cain.
         (b)  Initial directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 3946.008; or
               (2)  June 1, 2021.
         (c)  If permanent directors have not been elected and the
  terms of the initial directors have expired, successor directors
  shall be appointed or reappointed as provided by Subsection (d) to
  serve terms that expire on the earlier of:
               (1)  the date permanent directors are elected under
  Section 3946.008; or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (d)  If Subsection (c) applies, the owner or owners of a
  majority of the assessed value of the real property in the district
  may submit a petition to the commission requesting that the
  commission appoint as successor directors the five persons named in
  the petition.  The commission shall appoint as successor directors
  the five persons named in the petition.
         Sec. 3946.053.  ELIGIBILITY. To be qualified to serve as a
  director, a person must meet the qualifications prescribed by
  Section 375.063, Local Government Code.
         Sec. 3946.054.  EX OFFICIO DIRECTORS. (a) The following
  persons serve ex officio as nonvoting directors:
               (1)  the city manager of the city; and
               (2)  the chief financial officer of the city.
         (b)  An ex officio director is entitled to speak on a matter
  before the board.
         Sec. 3946.055.  VACANCY. A vacancy on the board shall be
  filled by the remaining members of the board for the unexpired term.
         Sec. 3946.056.  DIRECTOR'S OATH OR AFFIRMATION. A director
  shall file the director's oath or affirmation of office with the
  district, and the district shall retain the oath or affirmation in
  the district records.
         Sec. 3946.057.  OFFICERS. The board shall elect from among
  the directors a chair, a vice chair, and a secretary.
         Sec. 3946.058.  COMPENSATION. A director is entitled to
  receive fees of office and reimbursement for actual expenses in the
  manner provided by Section 49.060, Water Code. Sections 375.069 and
  375.070, Local Government Code, do not apply to the board.
         Sec. 3946.059.  LIABILITY INSURANCE.  The district may
  obtain and pay for comprehensive general liability insurance
  coverage from a commercial insurance company or other source that
  protects and insures a director against personal liability and from
  all claims relating to:
               (1)  actions taken by the director in the director's
  capacity as a member of the board;
               (2)  actions and activities taken by the district; or
               (3)  the actions of others acting on behalf of the
  district.
         Sec. 3946.060.  CONFLICTS OF INTEREST. Chapter 171, Local
  Government Code, governs conflicts of interest of directors.
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 3946.101.  IMPROVEMENT PROJECTS. (a) The district may
  provide, or it may enter into contracts with a governmental or
  private entity to provide, the improvement projects described by
  Subchapter D.
         (b)  An improvement project authorized under this chapter
  may be located inside or outside the district.
         Sec. 3946.102.  RULES; ENFORCEMENT. (a) The district may
  adopt rules:
               (1)  to administer or operate the district; or
               (2)  for the use, enjoyment, availability, protection,
  security, and maintenance of the district's property and
  facilities.
         (b)  The district may enforce its rules by injunctive relief.
         Sec. 3946.103.  NAME CHANGE; NOTICE. (a) The board by
  resolution may change the district's name.
         (b)  The board shall give written notice of a name change to
  the city.
         Sec. 3946.104.  TERMS OF EMPLOYMENT; COMPENSATION.  The
  board may employ and establish the terms of employment and
  compensation of an executive director or general manager and any
  other district employees the board considers necessary.
         Sec. 3946.105.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. IMPROVEMENT PROJECTS AND SERVICES
         Sec. 3946.151.  IMPROVEMENT PROJECTS AND SERVICES.  Except
  as otherwise provided by this chapter, the district may provide, or
  contract with a governmental or private entity to provide, water,
  wastewater, drainage, or roadway projects, or related projects and
  services.
         Sec. 3946.152.  BOARD DETERMINATION REQUIRED.  The district
  may not undertake an improvement project unless the board
  determines the project is necessary to accomplish a public purpose
  of the district.
         Sec. 3946.153.  CITY REQUIREMENTS.  (a)  An improvement
  project must comply with any applicable city construction codes and
  construction ordinances.
         (b)  The district may not provide, conduct, or authorize any
  improvement project on the city's streets, highways,
  rights-of-way, or easements without the consent of the city.
         Sec. 3946.154.  ADDITIONAL CITY POWERS REGARDING
  IMPROVEMENT PROJECTS. (a) Except as otherwise provided by an
  agreement between the district and the city, the city may:
               (1)  by ordinance, order, resolution, or other
  directive require that title to all or any portion of an improvement
  project vest in the city; or
               (2)  by ordinance, order, resolution, or other
  directive authorize the district to own, encumber, maintain, and
  operate an improvement project or convey the project to the city at
  a later date.
         (b)  The district shall immediately comply with any city
  ordinance or resolution adopted under this section.
  SUBCHAPTER E. CONTRACTS
         Sec. 3946.201.  GENERAL CONTRACT POWERS. The district may
  contract with any person to accomplish any district purpose.
         Sec. 3946.202.  CONTRACT TERMS.  A contract the district
  enters into to carry out a purpose of this chapter may be on any
  terms and for any period the board determines, including an
  obligation to issue a negotiable or nonnegotiable note or warrant
  payable to the city or any other person.
         Sec. 3946.203.  REIMBURSEMENT OF COSTS.  The district may
  contract with any person for the payment, repayment, or
  reimbursement of costs incurred by that person on behalf of the
  district, including all or part of the costs of an improvement
  project and interest on the reimbursed cost.
         Sec. 3946.204.  CONTRACT FOR IMPROVEMENT PROJECT.  (a)  The
  district may contract with any person for the use, occupancy,
  lease, rental, operation, maintenance, or management of all or part
  of a proposed or existing improvement project.
         (b)  The district may apply for and contract with any person
  to receive, administer, and perform a duty or obligation of the
  district under a federal, state, local, or private gift, grant,
  loan, conveyance, transfer, bequest, or other financial assistance
  arrangement relating to the investigation, planning, analysis,
  study, design, acquisition, construction, improvement, completion,
  implementation, or operation by the district or others of a
  proposed or existing improvement project.
         Sec. 3946.205.  NO FURTHER CONTRACT AUTHORIZATION REQUIRED.  
  Any person, including the city, may contract with the district to
  carry out the purposes of this chapter without further statutory or
  other kind of authorization.
  SUBCHAPTER F.  GENERAL FINANCIAL PROVISIONS
         Sec. 3946.251.  DEVELOPMENT AGREEMENT REQUIRED TO BORROW
  MONEY OR IMPOSE ASSESSMENTS. Before the district may issue bonds,
  impose assessments, or borrow money, the district must obtain from
  the city confirmation that no defaults under the development
  agreement are known.
         Sec. 3946.252.  BORROWING MONEY. The district may borrow
  money for a district purpose by issuing or executing bonds, notes,
  credit agreements, or other obligations of any kind found by the
  board to be necessary or appropriate for a district purpose. The
  bond, note, credit agreement, or other obligation must be secured
  by and payable from assessments or any other district revenue.
         Sec. 3946.253.  BONDS AND OTHER OBLIGATIONS. (a) The
  district may issue, by public or private sale, bonds, notes, or
  other obligations payable wholly or partly from assessments in the
  manner provided by Subchapter J, Chapter 375, Local Government
  Code.
         (b)  If the improvements financed by an obligation will be
  conveyed to or operated and maintained by a municipality or retail
  utility provider pursuant to an agreement between the district and
  the municipality or retail utility provider entered into before the
  issuance of the obligation, the obligation may be issued in the
  manner provided by Subchapter A, Chapter 372, Local Government
  Code.
         (c)  In exercising the district's borrowing power, the
  district may issue a bond or other obligation in the form of a bond,
  note, certificate of participation or other instrument evidencing a
  proportionate interest in payments to be made by the district, or
  other type of obligation.
         (d)  In addition to the sources of money described by
  Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
  Government Code, district bonds may be secured and made payable
  wholly or partly by a pledge of any part of the money the district
  receives from improvement revenue or from any other source.
         Sec. 3946.254.  BOND MATURITY. Bonds may mature not more
  than 40 years from their date of issue.
         Sec. 3946.255.  ISSUER POWERS FOR CERTAIN PUBLIC
  IMPROVEMENTS.  The district may exercise any power of an issuer
  under Chapter 1371, Government Code.
         Sec. 3946.256.  GENERAL POWERS REGARDING PAYMENT OF DISTRICT
  BONDS, OBLIGATIONS, OR OTHER COSTS.  The district may provide or
  secure the payment or repayment of any bond, note, or other
  temporary or permanent obligation or reimbursement or other
  contract with any person and the costs and expenses of the
  establishment, administration, and operation of the district and
  the district's costs or share of the costs or revenue of an
  improvement project or district contractual obligation or debt by:
               (1)  a lease, installment purchase contract, or other
  agreement; or
               (2)  any other revenue or resources of the district or
  other revenue authorized by the city, including revenue from a tax
  increment reinvestment zone created by the city.
         Sec. 3946.257.  ASSESSMENTS.  (a)  The district may impose an
  assessment on property in the district to pay the cost of any
  authorized district improvement or to pay the costs of establishing
  and operating the district in the manner provided for:
               (1)  a district under Subchapters A, E, and F, Chapter
  375, Local Government Code; or
               (2)  a municipality or county under Subchapter A,
  Chapter 372, Local Government Code.
         (b)  An assessment may not exceed the equivalent of 43 cents
  per $100 of valuation on the average residential lot in the
  district.
         (c)  An assessment, a reassessment, or an assessment
  resulting from an addition to or correction of the assessment roll
  by the district, penalties and interest on an assessment or
  reassessment, an expense of collection, and reasonable attorney's
  fees incurred by the district:
               (1)  are a first and prior lien against the property
  assessed; and
               (2)  are superior to any other lien or claim other than
  a lien or claim for county, school district, or municipal ad valorem
  taxes.
         (d)  The lien of an assessment against property runs with the
  land.  The portion of an assessment payment obligation that has not
  yet come due is not eliminated by the foreclosure of an ad valorem
  tax lien, and any purchaser of property in a foreclosure of an ad
  valorem tax lien takes the property subject to the assessment
  payment obligations that have not yet come due and to the lien and
  terms of the lien's payment under the applicable assessment
  ordinance or order.
         (e)  The board may make a correction to or deletion from the
  assessment roll that does not increase the amount of assessment of
  any parcel of land without providing notice and holding a hearing in
  the manner required for additional assessments.
         Sec. 3946.258.  COSTS FOR IMPROVEMENT PROJECTS.  The
  district may undertake separately or jointly with other persons,
  including the city, all or part of the cost of an improvement
  project, including an improvement project that confers a general
  benefit on the entire district or a special benefit on a definable
  part of the district.
         Sec. 3946.259.  RESIDENTIAL PROPERTY NOT EXEMPT. Section
  375.161, Local Government Code, does not apply to the district.
         Sec. 3946.260.  NO IMPACT FEES. The district may not impose
  an impact fee.
         Sec. 3946.261.  NO AD VALOREM TAX.  The district may not
  impose an ad valorem tax.
  SUBCHAPTER G.  DISSOLUTION
         Sec. 3946.301.  DISSOLUTION BY CITY ORDINANCE. (a) The city
  by ordinance may dissolve the district.
         (b)  The city may not dissolve the district until:
               (1)  the district's outstanding debt or other
  obligations have been repaid, assumed, or discharged, including the
  defeasance of any outstanding bonds or other obligations through
  the issuance of debt by the city; and
               (2)  each party to the development agreement fulfills
  the party's obligations under the agreement and the plan, including
  a district obligation to reimburse a developer or owner for the
  costs of an improvement project or service.
         Sec. 3946.302.  COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
  (a) If the dissolved district has bonds or other obligations
  outstanding secured by and payable from assessments or other
  revenue, the city shall succeed to the rights and obligations of the
  district regarding enforcement and collection of the assessments or
  other revenue.
         (b)  The city shall have and exercise all district powers to
  enforce and collect the assessments or other revenue to pay:
               (1)  the bonds or other obligations when due and
  payable according to their terms; or
               (2)  special revenue or assessment bonds or other
  obligations issued by the city to refund the outstanding bonds or
  obligations.
         Sec. 3946.303.  ASSUMPTION OF ASSETS AND LIABILITIES. (a)
  After the city dissolves the district, the city assumes, subject to
  the appropriation and availability of funds, the obligations of the
  district, including any bonds or other debt payable from
  assessments or other district revenue.
         (b)  If the city dissolves the district, the board shall
  transfer ownership of all district property to the city.
         SECTION 2.  The Windsor Hills Municipal Management District
  No. 1 initially includes all the territory contained in the
  following area:
  TRACT ONE
         BEING a tract of land out of the JOSEPH STEWART Survey,
  Abstract Number 961, M.E.P. & P.R.R. COMPANY Survey, Abstract
  Number 761, JAMES JONES Survey, Abstract Number 583, ALLEN REEVES
  Survey, Abstract Number 939 and the B.F. BERRY Survey, Abstract
  Number 1547 and being part of a tract of land described to One
  Windsor Hills L.P. as recorded in Volume 2199, Page 2425, Volume
  2181, Page 1640 and Volume 2206, Page 1415, Deed Records, Ellis
  County, Texas, and being more particularly described by metes and
  bounds as follows:
         BEGINNING at the northwesterly corner of a tract of land
  described to One Windsor Hills L.P. in Volume 2206, Page 1415, Deed
  Records, Ellis County, Texas, and the southwesterly corner of a
  tract of land described to Suburban Residential, L.P. as recorded
  in Volume 2061, Page 1487, Deed Records, Ellis County, Texas, said
  point also being in the easterly right-of-way of U.S. Highway
  Number 287 (a variable width right-of-way).
         THENCE North 59°34'56" East along said common line and
  departing said east right-of-way line passing at a distance of
  223.98 feet the easterly line of said Suburban Residential, L.P.
  tract and the westerly line of said tract of land described to One
  Windsor Hills, L.P. in Volume 2181, Page 1640 in all a total
  distance of 2878.85 feet to a point for corner;
         THENCE North 30°22'31" West, a distance of 623.90 feet to a
  point for corner;
         THENCE North 81°43'06" East, a distance of 488.08 feet to a
  point for corner;
         THENCE North 72°00'40" East, a distance of 320.19 feet to a
  point for corner;
         THENCE North 71°30'14" East, a distance of 275.16 feet to a
  point for corner;
         THENCE North 60°21'33" East, a distance of 306.11 feet to a
  point for corner;
         THENCE North 60°52'42" East, a distance of 324.51 feet to a
  point for corner;
         THENCE North 62°51'56" East, a distance of 737.24 feet to a
  point for corner;
         THENCE North 77°31'00" East, a distance of 184.84 feet to a
  point for corner;
         THENCE South 54°36'52" East, a distance of 94.36 feet to a
  point for corner;
         THENCE South 45°11'54" East, a distance of 143.80 feet to a
  point for corner;
         THENCE North 00°06'23" East, a distance of 2809.23 feet to a
  point for corner, said point being at the beginning of tangent curve
  to the right whose chord bears North 04°50'09" East, and a chord
  length of 454.89;
         THENCE in a northeasterly direction with said curve to the
  right having a central angle 09°5305", with a radius of 2640.00
  feet, an arc length of 455.45 feet to a point for corner, said point
  being in the northeasterly line of said tract of land described to
  One Windsor Hills, L.P. in Volume 2199, Page 2425, and southerly
  line of a tract of land described to JAS Holdings, L.L.C. as
  recorded in Volume 2051, Page 2082, Deed Records, Ellis County,
  Texas;
         THENCE North 88°55'17" East, along said common line a distance
  of 627.82 feet to a point for corner;
         THENCE South 01°20'17" East continuing along said common line
  a distance of 491.92 feet to a point for corner;
         THENCE North 87°52'20' East continuing along said common line
  a distance of 765.58 feet to a point for corner;
         THENCE North 89°07'31" East continuing along said common line
  a distance of 1045.64 feet to a point for corner said point being in
  the apparent westerly line of Quarry Road (a variable width
  right-of-way);
         THENCE along said Quarry Road the following calls: South
  00°31'02" East, a distance of 2176.51 feet to a point for corner;
  South 00°12'55" West, a distance of 619.03 feet to a point for
  corner; South 00°11'45" West, a distance of 2361.69 feet to a point
  for corner, said point being the northerly line of a tract of land
  described to Fulson Midlothian Partners L.P., in Volume 2220, Page
  0194, Deed Records, Ellis County, Texas;
         THENCE South 73°40'45" West, departing said Quarry Road, a
  distance of 1024.70 feet to a point for corner, said point being in
  the easterly line of said tract of land described to One Windsor
  Hills, L.P. in Volume 2206, Page 1415, and the northerly line of
  said Fulson Midlothian Partners L.P. tract;
         THENCE South 30°37'38" East, continuing along said common
  line a distance of 350.99 feet to a point for corner;
         THENCE South 59°15'58" West, continuing along said common
  line a distance of 3738.60 feet to a point for corner;
         THENCE South 00°20'54" West, continuing along said common
  line a distance of 423.54 feet to a point for corner, said point
  being in the said northerly right-of-way line of U.S. Highway
  Number 287;
         THENCE along said northerly right-of-way line of U.S. Highway
  Number 287 the following calls: North 63°06'06" West, a distance of
  291.86 feet to a point for corner; North 59°56'14" West, a distance
  of 490.32 feet to a point for corner; North 57°00'04" West, a
  distance of 447.27 feet to a point for corner; North 56°34'07" West,
  a distance of 486.37 feet to a point for corner; North 50°47'17"
  West, a distance of 387.41 feet to a point for corner; North
  49°12'36" West, a distance of 604.08 feet to a point for corner;
  North 48°29'20" West, a distance of 123.15 feet to a point for
  corner, said point being in the southeasterly line of a tract of
  land described to City of Midlothian, Cause Number 04-C-3616 County
  Court of Law, Ellis County, Texas;
         THENCE North 41°28'19" East, departing the said northerly
  right-of-way line of U.S Highway 287, a distance of 100.00 feet to a
  point for corner;
         THENCE North 48°53'44" West continuing along said common line
  a distance of 99.72 feet to a point for corner;
         THENCE South 41°38'09" West continuing along said common line
  a distance of 99.36 feet to a point for corner, said point being in
  the said northerly right-of-way line of U.S. Highway 287;
         THENCE along said northerly right-of-way line of U.S. Highway
  Number 287 the following calls: North 48°36'14" West, a distance of
  247.58 feet to a point for corner; North 42°50'51" West, a distance
  of 458.34 feet to a point for corner; North 51°04'02" West, a
  distance of 466.39 feet to a point for corner; North 27°30'07" West,
  a distance of 3.46 feet to the POINT OF BEGINNING, containing
  29,532,612 square feet or 677.97 acres, more or less.
  TRACT TWO
         BEING a tract of land out of thee ALLEN REEVES Survey,
  Abstract Number 939 and being part of a tract of land described to
  One Windsor Hills L.P. as recorded in Volume 2202, Page 2425, Deed
  Records, Ellis County, Texas, and being more particularly described
  by metes and bounds as follows:
         BEGINNING at the southeasterly corner of a tract of land
  described to One Windsor Hills L.P. Tract 2 in Volume 2202, Page
  1295, Deed Records, Ellis County, Texas, said point also being in
  the southwesterly line of a tract of land described to City of
  Midlothian in Volume 491, Page 081, Deed Records, Ellis County,
  Texas, said point also being in the apparent northerly line of Auger
  Road (a variable width right-of-way);
         THENCE along said northerly line of Auger Road the following
  calls: South 81°59'52" West, a distance of 520.79 feet to a point for
  corner; North 84°51'18" West, a distance of 617.43 feet to a point
  for corner; South 79°50'03" West, a distance of 442.41 feet to a
  point for corner, said point also being in the apparent easterly
  line of Quarry Road (a variable width right-of-way) and also being
  in the westerly line of said One Windsor Hills, L.P. Tract Two;
         THENCE North 00°09'14" West, a distance of 2342.31 feet to a
  point for corner, said point being in the southwesterly line of a
  tract of land described to North Texas Cement Company in Volume 846,
  Page 138, Deed Records, Ellis County, Texas;
         THENCE North 88°56'09" East departing said easterly line of
  Quarry Road and continuing along said common line a distance of
  563.53 feet to a point for corner;
         THENCE North 00°21'10" West, continuing along said common
  line a distance of 250.88 feet to a point for corner;
         THENCE North 89°56'37" East, a distance of 2097.82 feet to
  appoint for corner, said point being in the westerly line of a tract
  of land described to City of Midlothian in Volume 2451, Page 0414,
  Deed Records, Ellis County, Texas;
         THENCE South 00°22'22" East, continuing along said common
  line a distance of 1414.75 feet to a point for corner;
         THENCE South 89°25'13" West, a distance of 563.27 feet to a
  point for corner;
         THENCE South 36°57'24" West, a distance of 156.39 feet to a
  point for corner;
         THENCE South 42°37'28" West, a distance of 220.86 feet to a
  point for corner;
         THENCE South 17°07'08" West, a distance of 110.49 feet to a
  point for corner;
         THENCE South 29°56'28" West, a distance of 283.81 feet to a
  point for corner;
         THENCE South 83°24'38" West, a distance of 135.84 feet to a
  point for corner.
         THENCE South 02°33'31" East, a distance of 435.91 feet to the
  POINT OF BEGINNING, containing 5,604,605 square feet or 128.66
  acres, more or less.
  TRACT THREE
         BEING a tract of land out of the ALLEN REEVES Survey, Abstract
  Number 939 and being part of a tract of land described to Jas
  Holdings, LLC, as recorded in Volume 2051, Page 2082, Deed Records,
  Ellis County, Texas, and being more particularly described by metes
  and bounds as follows:
         BEGINNNG at the northwesterly line of said Holdings tract,
  said point being at the intersection of the southerly line of Gifco
  Road and the westerly line of Quarry Road;
         THENCE South 06°40'47" West, a distance of 443.05 feet to a
  point for corner;
         THENCE South 06°09'13" East, a distance of 220.20 feet to a
  point for corner;
         THENCE South 10°13'13" East, a distance of 536.49 feet to a
  point for corner;
         THENCE South 08°58'47" West, a distance of 136.00 feet to a
  point for corner;
         THENCE South 10°19'36" West, a distance of 210.10 feet to a
  point for corner;
         THENCE South 00°07'52" East, a distance of 565.79 feet to a
  point for corner, said point being in the southerly line of said
  Holdings tract and the northerly line of a tract of land described
  to One Windsor Hills, L.P. as recorded in Volume 2199, Page 2425,
  Deed Records, Ellis County, Texas;
         THENCE with said common line the following calls: South
  89°07'31" West, a distance of 1045.64 feet to a point for corner;
  South 87°52'20" West, a distance of 765.58 feet to a point for
  corner; North 01°20'17" West, a distance of 491.92 feet to a point
  for corner; South 88°55'27" West, a distance of 627.82 feet to a
  point for corner, said point being at the beginning of a non-tangent
  curve to the right whose chord bears North 31°16'58" East, a
  distance of 1935.46 feet;
         THENCE in a northeasterly direction with said non-tangent
  curve to the right having a central angle of 43°00'28", with a radius
  of 2640.00 feet, an arc length of 1981.66 feet to a point for
  corner, said point being in the northerly line of said Holdings
  tract;
         THENCE North 89°50'10" East, along the northerly line of said
  Holdings tract a distance of 1436.81 feet to the POINT OF BEGINNING,
  containing 4,273,854 square feet or 98.11 acres, more or less.
         SECTION 3.  (a)  The legislature finds that the Windsor Hills
  Municipal Management District No. 1 created under Chapter 3907,
  Special District Local Laws Code, as added by Chapter 858 (H.B.
  3836), Acts of the 82nd Legislature, Regular Session, 2011, did not
  execute a development agreement and finance plan by September 1,
  2012. Therefore, Chapter 3907, Special District Local Laws Code,
  expired by operation of Section 3907.002(b), Special District Local
  Laws Code, on September 1, 2012.
         (b)  The legislature finds that the Windsor Hills Municipal
  Management District No. 1 created under Chapter 3907A, Special
  District Local Laws Code, as added by Chapter 253 (H.B. 518), Acts
  of the 83rd Legislature, Regular Session, 2013, did not execute a
  development agreement and finance plan by September 1, 2015.  
  Therefore, Chapter 3907A, Special District Local Laws Code, expired
  by operation of Section 3907A.002(b), Special District Local Laws
  Code, on September 1, 2015.
         SECTION 4.  (a)  The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act have been
  fulfilled and accomplished.
         SECTION 5.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3136 was passed by the House on May
  19, 2017, by the following vote:  Yeas 139, Nays 5, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3136 on May 25, 2017, by the following vote:  Yeas 145, Nays 2,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3136 was passed by the Senate, with
  amendments, on May 24, 2017, by the following vote:  Yeas 29, Nays
  2.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor