H.B. No. 4347
 
 
 
 
AN ACT
  relating to the creation of the Midlothian Municipal Management
  District No. 3; providing authority to issue bonds; providing
  authority to impose assessments, fees, or taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 4, Special District Local Laws
  Code, is amended by adding Chapter 3952 to read as follows:
  CHAPTER 3952.  MIDLOTHIAN MUNICIPAL MANAGEMENT DISTRICT NO. 3
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3952.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Midlothian, Texas.
               (3)  "County" means Ellis County, Texas.
               (4)  "Development agreement and consent application"
  means the Development Agreement made between the city and Hawkins
  Midlothian Development, LLC, and the Second Amended and Restated
  Application for Consent to Create a Municipal Management District
  submitted to the city by Hawkins Midlothian Development, LLC.
               (5)  "Director" means a board member.
               (6)  "District" means the Midlothian Municipal
  Management District No. 3.
         Sec. 3952.002.  PRECONDITION. (a)  In this section,
  "finance plan" means a plan that includes a general description of
  proposed improvement projects that will be financed by the
  district, an estimate of the costs for the proposed improvement
  projects, an estimate of the amount of the costs for the proposed
  improvement projects that the district will pay directly or that
  will be reimbursed to a developer of property in the district, and
  the means of financing costs related to the planning, design,
  construction, improvement, maintenance, and operation of the
  proposed improvement projects.
         (b)  The district may not exercise any powers under this
  chapter until:
               (1)  the development agreement and consent application
  are executed and effective; and
               (2)  the finance plan is approved by the governing body
  of the city.
         Sec. 3952.003.  CREATION AND NATURE OF DISTRICT. The
  district is a special district created under Section 59, Article
  XVI, Texas Constitution.
         Sec. 3952.004.  PURPOSE; LEGISLATIVE FINDINGS. (a) The
  creation of the district is essential to accomplish the purposes of
  Sections 52 and 52-a, Article III, and Section 59, Article XVI,
  Texas Constitution, and other public purposes stated in this
  chapter. By creating the district and in authorizing the city and
  other political subdivisions to contract with the district, the
  legislature has established a program to accomplish the public
  purposes set out in Section 52-a, Article III, Texas Constitution.
         (b)  The creation of the district is necessary to promote,
  develop, encourage, and maintain employment, commerce,
  transportation, housing, tourism, recreation, the arts,
  entertainment, economic development, safety, and the public
  welfare in the district.
         (c)  This chapter and the creation of the district may not be
  interpreted to relieve the city or county from providing the level
  of services provided as of the effective date of the Act enacting
  this chapter to the area in the district.  The district is created
  to supplement and not to supplant city and county services provided
  in the district.
         Sec. 3952.005.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
  The district is created to serve a public use and benefit.
         (b)  All land and other property included in the district
  will benefit from the improvements and services to be provided by
  the district under powers conferred by Sections 52 and 52-a,
  Article III, and Section 59, Article XVI, Texas Constitution, and
  other powers granted under this chapter.
         (c)  The creation of the district is in the public interest
  and is essential to further the public purposes of:
               (1)  developing and diversifying the economy of the
  state;
               (2)  eliminating unemployment and underemployment;
               (3)  providing quality residential housing; and
               (4)  developing or expanding transportation and
  commerce.
         (d)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, potential employees, employees, visitors,
  and consumers in the district, and of the public;
               (2)  provide needed funding for the district to
  preserve, maintain, and enhance the economic health and vitality of
  the district territory as a residential community and business
  center; and
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways and by landscaping and
  developing certain areas in the district, which are necessary for
  the restoration, preservation, and enhancement of scenic beauty.
         (e)  Pedestrian ways along or across a street, whether at
  grade or above or below the surface, and street lighting, street
  landscaping, vehicle parking, and street art objects are parts of
  and necessary components of a street and are considered to be an
  improvement project that includes a street or road improvement.
         (f)  The district will not act as the agent or
  instrumentality of any private interest even though the district
  will benefit many private interests as well as the public.
         Sec. 3952.006.  INITIAL DISTRICT TERRITORY. (a) The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  A mistake in the field notes of the district contained
  in Section 2 of the Act enacting this chapter or in copying the
  field notes in the legislative process does not in any way affect:
               (1)  the district's organization, existence, or
  validity;
               (2)  the district's right to contract, including the
  right to issue any type of bond or other obligation for a purpose
  for which the district is created;
               (3)  the district's right to impose or collect an
  assessment, ad valorem taxes, or any other revenue; or
               (4)  the legality or operation of the board.
         Sec. 3952.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICT LAW.  Except as provided by this chapter, Chapter 375,
  Local Government Code, applies to the district.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3952.051.  GOVERNING BODY; TERMS. The district is
  governed by a board of five voting directors who serve staggered
  terms of four years, with two or three directors' terms expiring May
  31 of each even-numbered year.
         Sec. 3952.052.  QUALIFICATIONS. (a)  To be qualified to
  serve as a director appointed by the governing body of the city, a
  person must be:
               (1)  a resident of the city who is also a registered
  voter of the city;
               (2)  an owner of property in the district; or
               (3)  an agent, employee, or tenant of a person
  described by Subdivision (2).
         (b)  A person who is an agent, employee, or tenant of Hawkins
  Midlothian Development, LLC, is not qualified to be appointed as a
  director solely because the person is an agent, employee, or tenant
  of that corporation if the corporation does not own property in the
  district.
         (c)  Section 49.052, Water Code, does not apply to the
  district.
         Sec. 3952.053.  APPOINTMENT OF DIRECTORS.  The governing
  body of the city shall appoint directors from a list of names
  recommended by the board as provided by Section 375.064, Local
  Government Code.
         Sec. 3952.054.  EX OFFICIO DIRECTORS. (a) The following
  persons serve ex officio as nonvoting directors:
               (1)  the city manager of the city; and
               (2)  the chief financial officer of the city.
         (b)  An ex officio director is entitled to notice of board
  meetings and to speak on a matter before the board.
         Sec. 3952.055.  VACANCY. The governing body of the city
  shall fill a vacancy on the board for the remainder of the unexpired
  term in the same manner as the original appointment.
         Sec. 3952.056.  DIRECTOR'S OATH OR AFFIRMATION. A director
  shall file the director's oath or affirmation of office with the
  district, and the district shall retain the oath or affirmation in
  the district records.
         Sec. 3952.057.  OFFICERS. The board shall elect from among
  the directors a chair, a vice chair, and a secretary.
         Sec. 3952.058.  COMPENSATION. A director is entitled to
  receive fees of office and reimbursement for actual expenses in the
  manner provided by Section 49.060, Water Code. Sections 375.069 and
  375.070, Local Government Code, do not apply to the board.
         Sec. 3952.059.  LIABILITY INSURANCE.  The district may
  obtain and pay for comprehensive general liability insurance
  coverage from a commercial insurance company or other source that
  protects and insures a director against personal liability and from
  all claims relating to:
               (1)  actions taken by the director in the director's
  capacity as a member of the board;
               (2)  actions and activities taken by the district; or
               (3)  the actions of others acting on behalf of the
  district.
         Sec. 3952.060.  BOARD MEETINGS. The board shall hold
  meetings at a place accessible to the public.
         Sec. 3952.061.  CONFLICTS OF INTEREST. Chapter 171, Local
  Government Code, governs conflicts of interest of directors.
         Sec. 3952.062.  INITIAL DIRECTORS. (a) The initial board
  consists of:
 
Pos. No. Name of Director
 
1 Terrance Jobe
 
2 Tiffany Jobe
 
3 Jonathan Jobe
 
4 Tiffany Roath
 
5 Travis Hudson
         (b)  The governing body of the city shall stagger the initial
  directors' terms, with two or three directors' terms expiring May
  31, 2018. The remaining directors' terms must expire May 31, 2020.
         (c)  Section 3952.052 does not apply to this section.
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 3952.101.  IMPROVEMENT PROJECTS. The district may
  provide, or it may enter into contracts with a governmental or
  private entity to provide, the improvement projects described by
  Subchapter D or activities in support of or incidental to those
  projects.
         Sec. 3952.102.  WATER DISTRICT POWERS. The district has the
  powers provided by the general laws relating to conservation and
  reclamation districts created under Section 59, Article XVI, Texas
  Constitution, including Chapters 49 and 54, Water Code.
         Sec. 3952.103.  ROAD DISTRICT POWERS; EXCEPTION.  (a)  
  Except as provided by Subsection (b), the district has the powers
  provided by the general laws relating to road districts and road
  utility districts created under Section 52(b), Article III, Texas
  Constitution, including Chapter 441, Transportation Code.
         (b)  The district may exercise any power granted by this
  chapter and by Chapter 441, Transportation Code, without regard to
  any provision or requirement of, or procedure prescribed by,
  Chapter 441, Transportation Code.
         Sec. 3952.104.  RULES; ENFORCEMENT. (a) The district may
  adopt rules:
               (1)  to administer or operate the district; or
               (2)  for the use, enjoyment, availability, protection,
  security, and maintenance of the district's property and
  facilities.
         (b)  The district may enforce its rules by injunctive relief.
         Sec. 3952.105.  NAME CHANGE; NOTICE. (a) The board by
  resolution may change the district's name.
         (b)  The board shall give written notice of a name change to
  the city.
         Sec. 3952.106.  TERMS OF EMPLOYMENT; COMPENSATION.  The
  board may employ and establish the terms of employment and
  compensation of an executive director or general manager and any
  other district employees the board considers necessary.
         Sec. 3952.107.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D.  IMPROVEMENT PROJECTS
         Sec. 3952.151.  BOARD DETERMINATION REQUIRED.  The district
  may not undertake an improvement project or service unless the
  board determines the project or service:
               (1)  is necessary to accomplish a public purpose of the
  district;
               (2)  complies with the development agreement and
  consent application or the parties to the development agreement and
  consent application agree to the project or service, in writing;
  and
               (3)  is authorized by an ordinance of the city that
  consents to the creation of the district.
         Sec. 3952.152.  CITY REQUIREMENTS.  (a)  An improvement
  project must comply with any applicable city construction codes and
  construction ordinances.
         (b)  The district may not provide, conduct, or authorize any
  improvement project on the city streets, highways, rights-of-way,
  or easements without the consent of the governing body of the city.
         Sec. 3952.153.  ADDITIONAL CITY POWERS REGARDING
  IMPROVEMENT PROJECTS. (a)  Unless the district and the city agree
  otherwise, the city may:
               (1)  by ordinance, order, or resolution require that
  title to all or any portion of an improvement project vest in the
  city; or
               (2)  by ordinance, order, or resolution or other
  directive authorize the district to own, encumber, maintain, and
  operate an improvement project or convey the project to the city at
  a later date.
         (b)  The district shall immediately comply with any city
  ordinance, order, or resolution adopted under this section.
         Sec. 3952.154.  LAKE.  For the purposes of this subchapter,
  planning, design, construction, improvement, or maintenance of a
  lake includes work done for drainage, reclamation, or recreation.
  SUBCHAPTER E.  CONTRACTS
         Sec. 3952.201.  GENERAL CONTRACT POWERS. The district may
  contract with any person to accomplish any district purpose.
         Sec. 3952.202.  CONTRACT TERMS.  A contract the district
  enters into to carry out a purpose of this chapter may be on any
  terms and for any period the board determines, including an
  obligation to issue a negotiable or nonnegotiable note or warrant
  payable to the city, the county, or any other person.
         Sec. 3952.203.  REIMBURSEMENT OF COSTS.  The district may
  contract with any person for the payment, repayment, or
  reimbursement of costs incurred by that person on behalf of the
  district, including all or part of the costs of an improvement
  project and interest on the reimbursed cost.
         Sec. 3952.204.  CONTRACT FOR IMPROVEMENT PROJECT.  (a)  The
  district may contract with any person for the use, occupancy,
  lease, rental, operation, maintenance, or management of all or part
  of a proposed or existing improvement project.
         (b)  The district may apply for and contract with any person
  to receive, administer, and perform a duty or obligation of the
  district under a federal, state, local, or private gift, grant,
  loan, conveyance, transfer, bequest, or other financial assistance
  arrangement relating to the investigation, planning, analysis,
  study, design, acquisition, construction, improvement, completion,
  implementation, or operation by the district or others of a
  proposed or existing improvement project.
         Sec. 3952.205.  NO FURTHER CONTRACT AUTHORIZATION REQUIRED.  
  Any person, including the city, may contract with the district to
  carry out the purposes of this chapter without further statutory or
  other kind of authorization.
  SUBCHAPTER F.  GENERAL FINANCIAL PROVISIONS
         Sec. 3952.251.  DEVELOPMENT AGREEMENT AND CONSENT
  APPLICATION REQUIRED TO BORROW MONEY OR IMPOSE TAXES OR
  ASSESSMENTS, INCLUDING BONDS. Before the district may issue bonds,
  impose taxes or assessments, or borrow money, the district must
  obtain from the city confirmation that the development agreement
  and consent application are enforceable and no defaults are known.
         Sec. 3952.252.  BORROWING MONEY. The district may borrow
  money for a district purpose by issuing or executing bonds, notes,
  credit agreements, or other obligations of any kind found by the
  board to be necessary or appropriate for a district purpose. The
  bond, note, credit agreement, or other obligation must be secured
  by and payable from any combination of ad valorem taxes,
  assessments, or any other district revenue.
         Sec. 3952.253.  GENERAL POWERS REGARDING PAYMENT OF DISTRICT
  BONDS, OBLIGATIONS, OR OTHER COSTS.  The district may provide or
  secure the payment or repayment of any bond, note, or other
  temporary or permanent obligation or reimbursement or other
  contract with any person and the costs and expenses of the
  establishment, administration, and operation of the district and
  the district's costs or share of the costs or revenue of an
  improvement project or district contractual obligation or debt by:
               (1)  a lease, installment purchase contract, or other
  agreement; or
               (2)  any other revenue or resources of the district or
  other revenue authorized by the city, including revenue from a tax
  increment reinvestment zone created by the city.
         Sec. 3952.254.  PETITION REQUIRED FOR FINANCING SERVICES AND
  IMPROVEMENTS WITH ASSESSMENTS. The board may not finance a service
  or improvement project with assessments under this chapter unless a
  written petition requesting that service or improvement has been
  filed with the board in the manner provided by Section 375.114,
  Local Government Code.
         Sec. 3952.255.  ASSESSMENTS.  (a)  The district may impose an
  assessment on property in the district, if the assessment is
  authorized by an ordinance of the city, to pay the cost or the cost
  of maintenance of any authorized district improvement in the manner
  provided for a district under Subchapters A, E, and F, Chapter 375,
  Local Government Code.
         (b)  An assessment, a reassessment, or an assessment
  resulting from an addition to or correction of the assessment roll
  by the district, penalties and interest on an assessment or
  reassessment, an expense of collection, and reasonable attorney's
  fees incurred by the district:
               (1)  are a first and prior lien against the property
  assessed; and
               (2)  are superior to any other lien or claim other than
  a lien or claim for county, school district, or municipal ad valorem
  taxes.
         (c)  The lien of an assessment against property runs with the
  land.  The portion of an assessment payment obligation that has not
  yet come due is not eliminated by the foreclosure of an ad valorem
  tax lien, and any purchaser of property in a foreclosure of an ad
  valorem tax lien takes the property subject to the assessment
  payment obligations that have not yet come due and to the lien and
  terms of the lien's payment under the applicable assessment
  ordinance or order.
         (d)  The board may make a correction to or deletion from the
  assessment roll that does not increase the amount of assessment of
  any parcel of land without providing notice and holding a hearing in
  the manner required for additional assessments.
         Sec. 3952.256.  NONPOTABLE WATER USER CHARGES; CITY
  APPROVAL.  The district may establish user charges for the use of
  nonpotable water for irrigation purposes, subject to approval of
  the governing body of the city.
         Sec. 3952.257.  COSTS FOR IMPROVEMENT PROJECTS.  The
  district may undertake separately or jointly with other persons,
  including the city or county, all or part of the cost of an
  improvement project, including an improvement project:
               (1)  for improving, enhancing, and supporting public
  safety and security, fire protection and emergency medical
  services, and law enforcement in and adjacent to the district; or
               (2)  that confers a general benefit on the entire
  district or a special benefit on a definable part of the district.
  SUBCHAPTER G.  TAXES AND BONDS
         Sec. 3952.301.  BONDS AND OTHER OBLIGATIONS. (a) The
  district may issue, by competitive bid or negotiated sale, bonds,
  notes, or other obligations payable wholly or partly from ad
  valorem taxes or assessments in the manner provided by Subchapter
  J, Chapter 375, Local Government Code.
         (b)  In exercising the district's borrowing power, the
  district may issue a bond or other obligation in the form of a bond,
  note, certificate of participation or other instrument evidencing a
  proportionate interest in payments to be made by the district, or
  other type of obligation.
         (c)  In addition to the sources of money described by
  Subchapter J, Chapter 375, Local Government Code, district bonds
  may be secured and made payable wholly or partly by a pledge of any
  part of the money the district receives from improvement revenue or
  from any other source.
         Sec. 3952.302.  BOND MATURITY. Bonds may mature not more
  than 40 years from their date of issue.
         Sec. 3952.303.  TAXES FOR BONDS AND OTHER OBLIGATIONS. At
  the time bonds or other obligations payable wholly or partly from ad
  valorem taxes are issued:
               (1)  the board shall impose a continuing direct annual
  ad valorem tax for each year that all or part of the bonds are
  outstanding; and
               (2)  the district annually shall impose an ad valorem
  tax on all taxable property in the district in an amount sufficient
  to:
                     (A)  pay the interest on the bonds or other
  obligations as the interest becomes due; and
                     (B)  create a sinking fund for the payment of the
  principal of the bonds or other obligations when due or the
  redemption price at any earlier required redemption date.
         Sec. 3952.304.  ELECTION REQUIRED FOR TAXES OR BONDS.  The
  district must hold an election in the manner provided by Subchapter
  L, Chapter 375, Local Government Code, to obtain voter approval
  before the district may impose an ad valorem tax or issue bonds
  payable from ad valorem taxes.
         Sec. 3952.305.  TAX RATE. The district's ad valorem tax rate
  may not exceed 40 cents per $100 valuation.
         Sec. 3952.306.  ISSUER POWERS FOR CERTAIN PUBLIC
  IMPROVEMENTS.  The district may exercise any power of an issuer
  under Chapter 1371, Government Code.
  SUBCHAPTER H.  DISSOLUTION
         Sec. 3952.351.  DISSOLUTION BY CITY ORDINANCE. (a) The city
  by ordinance may dissolve the district.
         (b)  The city may not dissolve the district until the
  district's outstanding debt or contractual obligations have been
  repaid or discharged, including the defeasance of any outstanding
  debt issued by the city.
         (c)  The city may not dissolve the district until the
  development agreement and consent application have been executed
  and the district's performance under the agreement has been
  fulfilled, including any right or obligation the district has to
  reimburse a developer or owner for the costs of improvement
  projects.
         Sec. 3952.352.  COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
  (a) If the dissolved district has bonds or other obligations
  outstanding secured by and payable from assessments or other
  revenue, the city shall succeed to the rights and obligations of the
  district regarding enforcement and collection of the assessments or
  other revenue.
         (b)  The city shall have and exercise all district powers to
  enforce and collect the assessments or other revenue to pay:
               (1)  the bonds or other obligations when due and
  payable according to their terms; or
               (2)  special revenue or assessment bonds or other
  obligations issued by the city to refund the outstanding bonds or
  obligations.
         Sec. 3952.353.  ASSUMPTION OF ASSETS AND LIABILITIES. (a)
  After the city dissolves the district, the city assumes the
  obligations of the district, including any bonds or other debt
  payable from assessments or other district revenue.
         (b)  If the city dissolves the district, the board shall
  transfer ownership of all district property to the city.
         SECTION 2.  The Midlothian Municipal Management District No.
  3 initially includes all the territory contained in the following
  area:
  LEGAL LAND DESCRIPTION
         BEING 175.834 acres (7,659,336 square feet) in the
  William W. Rawls Survey, Abstract No. 915, Benjamin F.
  Hawkins Survey, Abstract Number 464, Marcellus T.
  Hawkins Survey, Abstract No. 463, and John M. Garvin
  Survey, Abstract No. 424, Ellis County, Texas; being a
  175.834 acres (7,659,336 square feet) of land being
  all of that certain tract of land described in a
  Special Warranty Deed to Hawkins Midlothian
  Development, LLC (hereinafter referred to as Hawkins
  Midlothian Development tract), as recorded in
  Instrument Number 1521607, Official Public Records,
  Ellis County, Texas (O.P.R.E.C.T.); said 175.834 acres
  (7,659,336 square feet) being more particularly
  described, by metes and bounds, as follows:
         BEGINNING at a 60D nail found for the Westerly
  Southwest corner of said Hawkins Midlothian
  Development tract, same being the existing Easterly
  right-of-way line of F.M. Road 663 (80' right-of-way),
  as recorded in Volume 387, Page 161, Deed Records,
  Ellis County, Texas (D.R.E.C.T.), same also being the
  North line of Lawson Farms - Phase One (hereinafter
  referred to as Lawson Farms - Phase One), an addition
  to the City of Midlothian, Ellis County, Texas,
  according to the plat recorded in Cabinet G, Slide 388,
  Plat Records, Ellis County, Texas, from which the
  Northwest corner of Lot 20, Block 1 of said Lawson
  Farms - Phase One bears North 89 degrees 45 minutes 57
  seconds East, a distance of 13.69 feet;
         THENCE North 05 degrees 16 minutes 20 seconds East,
  departing the North line of said Lawson Farms - Phase
  One and with the common line between said Hawkins
  Midlothian Development tract and the existing Easterly
  right-of-way line of said F.M. Road 663, a distance of
  575.72 feet to a five-eighths inch iron rod found for
  the Southerly corner of that certain tract of land
  described in a Deed to the State of Texas for
  right-of-way of said F.M. Road 663, as recorded in
  Volume 1465, Page 1208, D.R.E.C.T.;
         THENCE with the common line between the remainder of
  said Hawkins Midlothian Development tract and the
  existing Easterly right-of-way line of said F.M. Road
  663 for the following 7 courses:
         1.  North 08 degrees 21 minutes 23 seconds East, a
  distance of 200.25 feet to a fence post found for
  corner;
         2.  North 06 degrees 48 minutes 13 seconds East, a
  distance of 85.00 feet to a five-eighths inch iron rod
  found for corner;
         3.  North 09 degrees 25 minutes 21 seconds East, a
  distance of 85.00 feet to a five-eighths inch iron rod
  found for corner;
         4.  North 12 degrees 02 minutes 28 seconds East, a
  distance of 85.00 feet to a one-half inch iron rod with
  plastic cap stamped "VOTEX" found for corner;
         5.  North 14 degrees 39 minutes 36 seconds East, at a
  distance of 6.91 feet, pass a TxDOT monument found for
  the Southeast corner that certain tract of land
  described in a Deed to the State of Texas for
  right-of-way of said F.M. Road 663, as recorded in
  Volume 1747, Page 1109, D.R.E.C.T, and continue a
  total distance of 85.00 feet to a one-half inch iron
  rod with plastic cap stamped "VOTEX" found for corner;
         6.  North 17 degrees 16 minutes 43 seconds East, a
  distance of 85.00 feet to a one-half inch iron rod with
  plastic cap stamped "VOTEX" found for corner;
         7.  North 19 degrees 53 minutes 51 seconds East, a
  distance of 52.97 feet to a one-half inch iron rod with
  plastic cap stamped "VOTEX" found for corner, same
  being the Westerly Northwest corner of said Hawkins
  Midlothian Development tract and the Southwest corner
  of the remainder of that certain tract of land
  described in a deed to Wilbur L. Stephenson and Wife
  Jo. M. Stephenson (hereinafter referred to as
  Stephenson tract), as recorded in Volume 1866, Page
  2280, D.R.E.C.T.;
         THENCE South 68 degrees 03 minutes 05 seconds East,
  departing the existing Easterly right-of-way line of
  said F.M. Road 663 and with the common line between
  said Hawkins Midlothian Development tract and the
  remainder of said Stephenson tract, a distance of
  337.59 feet to a one-half inch iron rod with plastic
  cap stamped "VOTEX" found for the beginning of a curve
  to the left, whose long chord bears South 79 degrees 19
  minutes 22 seconds East, a distance of 390.93 feet;
         THENCE Easterly continue with the common line between
  said Hawkins Midlothian Development tract and the
  remainder of said Stephenson tract and with said curve
  to the left having a radius of 1000.00 feet, through a
  central angle of 22 degrees 32 minutes 39 seconds, for
  an arc distance of 393.47 feet to a one-half inch iron
  rod with plastic cap stamped "VOTEX" found for the end
  of said curve;
         THENCE North 89 degrees 24 minutes 17 seconds East
  continue with the common line between said Hawkins
  Midlothian Development tract and the remainder of said
  Stephenson tract and generally with a fence line, a
  distance of 1149.39 feet to a fence post for an
  inner-ell corner of said Hawkins Midlothian
  Development tract;
         THENCE North 01 degree 48 minutes 16 seconds West with
  the common line between said Hawkins Midlothian
  Development tract and said Stephenson tract, a
  distance of 45.01 feet to a one-half inch iron rod with
  plastic cap stamped "VOTEX" found for the Southwest
  corner of that certain tract of land described in a
  Special Warranty Deed to The Board of Trustees of the
  Midlothian Independent School District (hereinafter
  referred to as MISD tract), as recorded in Instrument
  Number 1522030, O.P.R.E.C.T.;
         THENCE North 89 degrees 23 minutes 54 seconds East,
  departing the Easterly line of said Stephenson tract
  and with the common line between said Hawkins
  Midlothian Development tract and said MISD tract, a
  distance of 474.84 feet to a one-half inch iron rod
  with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"
  found for the Southerly Southeast corner of said MISD
  tract;
         THENCE North 44 degrees 18 minutes 23 seconds East
  continue with the common line between said Hawkins
  Midlothian Development tract and said Hawkins Meadow
  tract, a distance of 63.58 feet to a one-half inch iron
  rod with yellow plastic cap stamped "VOTEX R.P.L.S.
  4813" found for the Easterly Southeast corner of said
  Hawkins Meadow tract;
         THENCE North 00 degrees 47 minutes 14 seconds West,
  continue with the common line between said Hawkins
  Midlothian Development tract and said MISD tract, a
  distance of 1004.02 feet to a one-half inch iron rod
  with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"
  found for the Northeast corner of said MISD tract;
         THENCE South 88 degrees 44 minutes 42 seconds West
  continue with the common line between said Midlothian
  Development tract and said MISD tract, a distance of
  30.26 feet to a three-quarter inch iron rod found for
  an angle point on the West line of said Hawkins
  Midlothian Development tract;
         THENCE North 01 degree 36 minutes 49 seconds West,
  departing the North line of said MISD tract and with
  the West line of said Hawkins Midlothian Development
  tract, a distance of 574.65 feet to a three-quarters
  inch pipe found for the Northwest corner of said
  Hawkins Midlothian Development tract;
         THENCE South 89 degrees 25 minutes 31 seconds East with
  a Nand the existing South right-of-way line of said Mt.
  Zion Road, a distance of 56.72 feet to a one-half inch
  iron rod with yellow plastic cap stamped "VOTEX
  R.P.L.S. 4813" found for the beginning of a
  non-tangent curve to the left, whose long chord bears
  South 14 degrees 42 minutes 34 seconds East, a distance
  of 103.35 feet;
         THENCE with a Northerly line of said Hawkins
  Midlothian Development tract for the following 6
  courses:
         1.  Southerly, departing the existing South
  right-of-way line of said Mt. Zion Road and with said
  non-tangent curve to the left having a radius of
  1000.00 feet, through a central angle of 5 degrees 55
  minutes 26 seconds, for an arc distance of 103.39 feet
  to a one-half inch iron rod with yellow plastic cap
  stamped "VOTEX R.P.L.S. 4813" found for the beginning
  of a reverse curve whose long chord bears South 09
  degrees 34 minutes 03 seconds East, a distance of
  307.31 feet;
         2.  Southerly with said reverse curve having a radius
  of 1090.00 feet, through a central angle of 16 degrees
  12 minutes 28 seconds, for an arc distance of 308.34
  feet to a one-half inch iron rod with yellow plastic
  cap stamped "VOTEX R.P.L.S. 4813" found for corner;
         3.  North 88 degrees 57 minutes 58 seconds East, a
  distance of 170.22 feet to a one-half inch iron rod
  with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"
  found for corner;
         4.  North 00 degrees 18 minutes 59 seconds West, a
  distance of 255.12 feet to a one-half inch iron rod
  with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"
  found for corner;
         5.  South 89 degrees 41 minutes 01 second West, a
  distance of 113.27 feet to a one-half inch iron rod
  with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"
  found for corner;
         6.  North 00 degrees 18 minutes 59 seconds West, a
  distance of 139.90 feet to a one-half inch iron rod
  with yellow plastic cap stamped "VOTEX R.P.L.S. 4813"
  found for the existing South right-of-way line of said
  Mt. Zion Road, same being the beginning of a
  non-tangent curve to the right, whose long chord bears
  South 74 degrees 38 minutes 51 seconds East, a distance
  of 227.69 feet;
         THENCE Easterly with the common line between said
  Hawkins Midlothian Development tract and the existing
  South right-of-way line of Mt. Zion Road and with said
  non-tangent curve to the right having a radius of
  755.00 feet, through a central angle of 17 degrees 20
  minutes 43 seconds, for an arc distance of 228.56 feet
  to a five-eighths inch iron rod with plastic cap
  stamped "RPLS 4838" set for corner;
         THENCE South 67 degrees 58 minutes 31 seconds East
  continue with the common line between said Hawkins
  Midlothian Development tract and the existing South
  right-of-way line of Mt. Zion Road, a distance of
  460.94 feet to a five-eighths inch iron rod with
  plastic cap stamped "RPLS 4838" set for the beginning
  of a curve to the left, whose long chord bears South 68
  degrees 55 minutes 06 seconds East, a distance of 86.66
  feet;
         THENCE Southeasterly continue with the common line
  between said Hawkins Midlothian Development tract and
  the existing South right-of-way line of Mt. Zion Road
  and with said curve to the left having a radius of
  842.75 feet, through a central angle of 5 degrees 53
  minutes 40 seconds, for an arc distance of 86.70 feet
  to a five-eighths inch iron rod with plastic cap
  stamped "RPLS 4838" set for the Northerly Northeast
  corner of said Hawkins Midlothian Development tract;
         THENCE South 00 degrees 13 minutes 36 seconds West with
  an Easterly line of said Hawkins Midlothian
  Development tract, passing at a distance of 9.50 feet,
  the Northwest corner of that certain tract of land
  described in a General Warranty Deed to Midlothian
  Economic Development (hereinafter referred to as
  Midlothian Economic Development tract), as recorded in
  Instrument Number 1517886, O.P.R.E.C.T. and continue
  with said course and the common line between said
  Hawkins Midlothian Development tract and Midlothian
  Economic Development tract for a total distance of
  241.18 feet to a one inch iron pipe found for an
  inner-ell corner of said Hawkins Midlothian
  Development tract, same being the Southwest corner of
  said Midlothian Economic Development tract;
         THENCE South 89 degrees 55 minutes 29 seconds East
  continue with the common line between said Hawkins
  Midlothian Development tract and said Midlothian
  Economic Development tract, a distance of 188.11 feet
  to a five-eighths inch iron rod found for an angle
  point in a Northerly line of said Hawkins Midlothian
  Development tract, same being the Southeasterly corner
  of said Midlothian Economic Development tract;
         THENCE North 89 degrees 29 minutes 47 seconds East with
  a Northerly line of said Hawkins Midlothian
  Development tract, passing at a distance of 93.18
  feet, the Southwest corner of that certain tract of
  land described in a deed to Christina Marie Luther
  (hereinafter referred to as Luther tract), as recorded
  in Volume 1652, Page 287, O.P.R.E.C.T. and continue
  with said course and the common line between said
  Hawkins Midlothian Development tract and said Luther
  tract for a total distance of 380.22 feet to a fence
  post found for the Easterly Northeast corner of said
  Hawkins Midlothian Development tract, same being the
  Southeast corner of said Luther tract;
         THENCE South 02 degrees 37 minutes 04 seconds East with
  the East line of said Hawkins Midlothian Development
  tract, passing at a distance of 155.04 feet, the
  Northwest corner of that certain tract of land
  described in a General Warranty Deed with Third Party
  Vendor's Lien to Lee Morgan Whitehead and wife, Deborah
  Lei Whitehead (hereinafter referred to as Whitehead
  tract), as recorded in Volume 2555, Page 1721,
  O.P.R.E.C.T. and continue with said course and the
  common line between said Hawkins Midlothian
  Development tract and said Whitehead tract for a total
  distance of 675.55 feet to a five-eighths inch pipe
  found for the Easterly Southeast corner of said
  Hawkins Midlothian Development tract, same being the
  Southwest corner of said Whitehead tract, same being
  the North line of that certain tract of land described
  in a deed to Billy Ray Brandon (hereinafter referred to
  as Brandon tract), as recorded in Volume 548, Page 79,
  Deed Records, Ellis County, Texas (D.R.E.C.T.);
         THENCE South 89 degrees 36 minutes 52 seconds West with
  the common line between said Hawkins Midlothian
  Development tract and said Brandon tract, a distance
  of 571.25 feet to a five-eighths inch iron pipe found
  for an inner-ell corner of said Hawkins Midlothian
  Development tract, same being the Northwest corner of
  said Brandon tract;
         THENCE South 01 degree 30 minutes 18 seconds East
  continue with the common line between said Hawkins
  Midlothian Development tract and said Brandon tract,
  passing at a distance of 660.17 feet, the Southwest
  corner of said Brandon tract, same being the Northwest
  corner of that certain tract of land described in a
  Warranty Deed to City of Midlothian (hereinafter
  referred to as City of Midlothian tract), as recorded
  in Volume 2540, Page 2088, D.R.E.C.T. and continue
  with said course and the common line between said
  Hawkins Midlothian Development tract and said City of
  Midlothian tract, passing at a distance of 1980.54
  feet, the Southwest corner of said City of Midlothian
  tract, same being the Northerly Northwest corner of
  that certain tract of land described as Lakegrove
  (hereinafter referred to as Lakegrove), an addition to
  Ellis County, Texas, according to the plat recorded in
  Cabinet A, Page 753, P.R.E.C.T. and continue with said
  course for a total distance of 3388.12 feet to a fence
  post found for the Southeast corner of said Hawkins
  Midlothian Development tract, same being an inner-ell
  corner of said Lakegrove;
         THENCE South 88 degrees 56 minutes 48 seconds West
  continue with the common line between said Hawkins
  Midlothian Development tract and said Lakegrove,
  passing at a distance of 361.12 feet, the Westerly
  Northwest corner of said Lakegrove, same being the
  Northeast corner of that certain tract of land
  described in a deed to the City of Midlothian
  (hereinafter referred to as City of Midlothian 2
  tract), as recorded in Volume 2540, Page 1952,
  D.R.E.C.T., and continue with said course and the
  common line between said Hawkins Midlothian
  Development tract and said City of Midlothian 2 tract
  for a total distance of 452.58 feet to a five-eighths
  inch iron rod with plastic cap stamped "RPLS 4838" set
  for corner;
         THENCE South 86 degrees 33 minutes 50 seconds West,
  continue with the common line between said Hawkins
  Midlothian Development tract and said City of
  Midlothian 2 tract, a distance of 380.52 feet to a
  one-half inch iron rod found for the Southerly
  Southwest corner of said Hawkins Midlothian
  Development tract;
         THENCE North 01 degree 50 minutes 27 seconds East,
  continue with the common line between said Hawkins
  Midlothian Development tract and said City of
  Midlothian 2 tract, a distance of 562.86 feet to a
  one-half inch iron rod found for corner;
         THENCE South 89 degrees 50 minutes 48 seconds West,
  continue with the common line between said Hawkins
  Midlothian Development tract and said City of
  Midlothian 2 tract, passing at a distance of 456.78
  feet, the Northeast corner of Lot 32, Block 2 of that
  certain tract of land described as Lawson Farms - Phase
  2A (hereinafter referred to as Lawson Farms - Phase
  2A), an addition to the City of Midlothian, Ellis
  County, Texas, according to the plat recorded in
  Cabinet H, Page 252, P.R.E.C.T., and continue with
  said course and with the common line between said
  Hawkins Midlothian Development tract and said Lawson
  Farms - Phase 2A, a total distance of 620.49 feet to a
  one-half inch iron rod found for corner;
         THENCE North 00 degrees 20 minutes 17 seconds West
  continue with the common line between said Hawkins
  Midlothian Development tract and said Lawson Farms -
  Phase 2A, passing at a distance of 154.34 feet, a
  Northerly corner of said Lawson Farms - Phase 2A, same
  being the Southeast corner of the remainder of that
  certain tract of land described in a deed to SKJ Lawson
  Farms Development, L.P., (hereinafter referred to as
  SKJ Lawson Farms Development tract), as recorded in
  Volume 2005, Page 2309, O.P.R.E.C.T. and continue with
  said course and the common line between said Hawkins
  Midlothian Development tract and the remainder of said
  SKJ Lawson Farms Development tract for a total
  distance of 1330.40 feet to a one-half inch iron rod
  found for an inner-ell corner of said Hawkins
  Midlothian Development tract, same being the Northeast
  corner of said SKJ Lawson Farms Development tract;
         THENCE South 89 degrees 45 minutes 57 seconds West with
  the common line between said Hawkins Midlothian
  Development tract and said SKJ Lawson Farms
  Development tract, passing at a distance of 1209.51
  feet, a one-half inch iron rod found for the Northeast
  corner of the aforesaid Lawson Farms - Phase One and
  continue with said course and the common line between
  said Hawkins Midlothian Development tract and said
  Lawson Farms - Phase One, for a total distance of
  2082.59 feet to the PLACE OF BEGINNING, and containing
  a calculated area of 175.834 acres (7,659,336 square
  feet) of land.
  SAVE AND EXCEPT
  LEGAL LAND DESCRIPTION:
         BEING 4.339 acres or (188,987 square feet) in the
  Marcellus T. Hawkins Survey, Abstract No. 463 and
  Benjamin F. Hawkins Survey, Abstract No. 464, Ellis
  County, Texas; said 4.339 acres or (188,987 square
  feet) of land being all of that certain tract of land
  described in a Correction Warranty Deed to James
  Marcus Pitts, as recorded in Volume 2132, Page 442,
  Official Public Records, Ellis County, Texas
  (O.P.R.E.C.T.); said 4.339 acres or (188,987 square
  feet) of land being all of that certain tract of land
  described as SAVE AND EXCEPT TRACT in a Special
  Warranty Deed to Hawkins Midlothian Development, LLC
  (hereinafter referred to as SAVE AND EXCEPT TRACT), as
  recorded in Instrument Number 1521607, O.P.R.E.C.T.;
  said 4.339 acres or (188,987 square feet) being more
  particularly described, by metes and bounds, as
  follows:
         BEGINNING at a three-quarters inch iron rod found for
  the Northwest corner of said SAVE AND EXCEPT TRACT,
  same being an inner-ell corner of that certain tract of
  land described in a Special Warranty Deed to Hawkins
  Midlothian Development, LLC (hereinafter referred to
  as Hawkins Midlothian Development tract), as recorded
  in Instrument Number 1521607, O.P.R.E.C.T.;
         THENCE North 89 degrees 47 minutes 57 seconds East with
  the common line between said SAVE AND EXCEPT TRACT and
  said Hawkins Midlothian Development tract, a distance
  of 477.86 feet to a three-eighths inch iron rod found
  for the Northeast corner of said SAVE AND EXCEPT TRACT,
  same being an inner-ell corner of said Hawkins
  Midlothian Development tract;
         THENCE South 02 degrees 32 minutes 45 seconds West
  continue with the common line between said SAVE AND
  EXCEPT TRACT and said Hawkins Midlothian Development
  tract, a distance of 399.01 feet to a one-half inch
  iron rod found for the Southeast corner of said SAVE
  AND EXCEPT TRACT, same being an inner-ell corner of
  said Hawkins Midlothian Development tract;
         THENCE South 87 degrees 30 minutes 51 seconds West
  continue with the common line between said SAVE AND
  EXCEPT TRACT and said Hawkins Midlothian Development
  tract, a distance of 450.20 feet to a five-eighths inch
  iron rod with plastic cap stamped "RPLS 4838" set for
  the Southwest corner of said SAVE AND EXCEPT TRACT,
  same being an inner-ell corner of said Hawkins
  Midlothian Development tract;
         THENCE North 01 degree 25 minutes 30 seconds West
  continue with the common line between said SAVE AND
  EXCEPT TRACT and said Hawkins Midlothian Development
  tract, a distance of 416.60 feet to the PLACE OF
  BEGINNING, and containing a calculated area of 4.339
  acres or (188,987 square feet) of land.
         LEAVING A NET ACREAGE OF 171.496 ACRES or (7,470,349
  SQUARE FEET).
         SECTION 3.  (a) The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor,
  lieutenant governor, and speaker of the house of representatives
  within the required time.
         (d)  The general law relating to consent by political
  subdivisions to the creation of districts with conservation,
  reclamation, and road powers and the inclusion of land in those
  districts has been complied with.
         (e)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act have been
  fulfilled and accomplished.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4347 was passed by the House on May
  19, 2017, by the following vote:  Yeas 137, Nays 7, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 4347 on May 26, 2017, by the following vote:  Yeas 131, Nays 12,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 4347 was passed by the Senate, with
  amendments, on May 24, 2017, by the following vote:  Yeas 29, Nays
  2.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor