Right now is a great time to be in the real estate market…
Whether you’re looking to buy, sell, remodel or even consider getting your real estate license. We are all so fortunate to be in the DFW area as compared to other parts of the country… What happens in the real estate news on the east coast or west coast isn’t the same as it is here in Texas. Sure the market is slower than it has been in the past, but the market for those who are prepared is good…

Our DFW area, like Houston, Austin and San Antonio is where folks are moving to because of good climate, job opportunities, affordable housing, schools, education and the hope of new beginnings…

Interest rates are starting to bump up a little, but compared to the rates that used to be in the double digests not so long ago, this is truly a exciting time if you’re in the market…

Forney, like many other areas is seeing growth. Your hometown is expanding because of the growth that is continuing to come your way.

We have decided to start a homebuilding company, Warrington Homes, right here in Forney, in the community of Windmill Farms… One of the first things that caught our attention about Forney was the community pride. After twenty-seven years of being very active in sales and marketing of new homes in areas like Carrollton, Frisco, Allen, Denton, and Keller, I have seen and been a part of some tremendous growth in those cities. Those hometowns, like Forney, were in the path of progress and have a strong sense of community pride. It’s folks like your Forney civic leaders, who care and take the time to listen and give of their time to make your hometown a better place to live and to raise a family. In those other cities, like Forney, they had a good infrastructure, with key roadways to get families to and from work, to ball games, to lakes, and other family outings…

But it was the schools, the good neighborhood schools in those communities that helped with the growth. Windmill Farms is a community that has those very important schools… Two elementary schools for kindergarten through sixth grades are Blackburn Elementary and Smith Elementary, Brown Middle School, the Bears, for seventh and eighth graders and Forney’s newest high school for grades nine through twelve, the North Forney High School. The Falcons, with their blue and black school colors… Talking about community pride, it’s there…

Want to thank those of you that have stopped by the Information Center to say to hello and to check in on us as we start to begin our homebuilding company. Windmill Farms is a beautiful neighborhood with rolling greenbelts, park areas and two community pools. It’s a neighborhood that a family could come and stay a long time as your sons and daughters attend some of the best school in Texas. We are very excited at Warrington Homes to have the opportunity to be a part of something special in Windmill Farms and in Forney…

I also am a Realtor with Keller Williams Realty and could answer questions for you as you think about selling your existing home. You may also have an interest or just want to learn about what is involved in obtaining your real estate license and becoming a Realtor. If you like looking at homes, getting decorating ideas, spending time at Lowe’s, working around construction, working with landscaping or just meeting and helping other folks, you might be a good candidate for getting into real estate. Forney and these surrounding areas are going through some growth, this again could be the opportune time to look at something that you could be very good at. It’s a business that could create an income for your family for years to come. I love the business and would be glad to coach, mentor and be a trusted advisor for you…

For more information call me at 214.212.5100 or e-mail at chrisjackson545@gmail.com.

Well so much for the Top Ten Reasons to be in the real estate market, as you can see there are so many more reasons to be out looking at homes today. Well neighbors, as we continue to get our office set up at the Windmill Farms Information Center, feel free to pop in for coffee and soon to be some of the best chocolate chip and oatmeal raisin cookies in Forney…

This story and any accompanying photo(s) were originally published in the Forney Messenger and are Copyright © 2009, Forney Messenger, Inc. and have been used by permission. The Forney Messenger is the publisher of Kaufman County’s oldest newspaper and may be found online at www.ForneyMessengerInc.com.

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Sure enough, records show that on January 9th, as part of the consent agenda – meaning there was no debate or even discussion on the topic – the Dallas City Council authorized the creation of this MUD. The developer, Jay Woomer, and his company B C Partners, utilized another little-known fact – the City of Dallas owns Lake Ray Hubbard, giving them extraterrestrial jurisdiction in limited cases within about 5 miles of the lake. The parcel of land Mr. Woomer wants to develop happens to lie in just the right spot – mere feet north of Forney’s city limits – that he was able to completely bypass the City of Forney and all of Kaufman County and go to an unusual place for the approval of this development – the Dallas City Council. While some ire has been directed at Dallas, as the agenda and minutes for their meeting when they approved this item state, this development has “No cost consideration to the City”.

The cost to Forney and to Kaufman County, however, could be great, because this proposed development includes about 430 apartments, 200 townhomes, 16 acres of “commercial services”, and about 30 acres to be used for a gas station and other retail. Even though this land is located in the Dallas ETJ and would be located within this developer-created MUD, it would depend on the Forney Fire Department, the Forney Independent School District and the Kaufman County Sheriff’s Office for its services. The site plan for the development appears below – clicking the image displays a larger, more legible version.

Surely if you were going to place this large of a burden on a city and a county, you’d work with them to plan this development for your mutual benefit, right? Not in this case, apparently. Click ‘Read On’ for more twists in the story behind this planned development, including a drawing of the proposed layout of the development.

According to a PDF of a presentation found on the City of Dallas website, the “Billy Joe Montgomery Trust” petitioned the City of Dallas in August 2007 for the creation of the Brooklyn Crossing MUD #1. However, the developer did not petition or even notify city or school officials in Forney at that time about the development – indeed, it appears that most local officials learned of the plan when a regional news website, Kaufman County Online, began researching the development for a story.

Local officials were, of course, outraged, as this development will rely on local services, but they were never presented with this development plan, and were not notified by the developer or the City of Dallas when the creation of this MUD was being considered.

While many are debating this development due to the number of apartments it will bring to an area outside of city limits where city codes don’t apply and police services would be provided by the already over-worked Kaufman County Sheriff’s Office, another vital concern is the fact that this development could very easily open the door to a number of MUD’s and other special purpose districts being created in the vast area north of Forney that falls within the Dallas ETJ – districts that could be home to any number of developments that would strain the services of Forney ISD, Kaufman County and the City of Forney, but that could be created, approved and built without the approval of and even little to no notification to any official outside of Dallas City Hall.

There are a number of issues that the developer of Brooklyn Crossing will need the assistance of local officials on – he expects the City of Forney to provide sewer services and the county will have to invest quite a bit of money into the infrastructure in the area. The development would lie on the north side of Reeder Lane (a county road) along FM-548 – the apartment complexes and townhomes would have their entrance on Reeder Lane, a county road that was only recently converted from a gravel road to a paved road, and is barely wide enough to support two lanes of traffic. Currently, Reeder Lane, a 35MPH road, dead-ends at a stop sign on FM-548, a 55-60MPH road. Clearly, the county and the Texas Department of Transportation would have to invest in a traffic light for this intersection which would suddenly see a sharp increase in traffic from the over 600 apartments and town homes that would be built as part of Brooklyn Crossing. These are just a few of the issues that this development will bring to the City and County, issues that the city was powerless to control or discuss in advance with the developer, since the developer received all his approvals from, and made all his concessions concerning construction standards and codes to, the City of Dallas.

There are two issues at the center of all this – the use of MUD’s and other special purpose districts to create developments outside of city limits, bypassing city oversight, as well as the vast expanse of the Dallas Extraterritorial Jurisdiction just north of Forney’s border which stretches from Lake Ray Hubbard all the way east of FM-548. Dallas has a legal claim to this land due to their ownership of Lake Ray Hubbard, however, they have in the past relinquished land and redrawn the borders of their ETJ after the protests of a smaller city – Heath and Dallas entered into an interlocal agreement in 2004 after Heath raised objections to the Lake Vista Ranch MUDs that Dallas considered approving in 2002.

Because this land is within the Dallas ETJ, the only city that may legally annex it is the City of Dallas – in order for Forney to annex any of these developments, Dallas would have to release their claim on the land and transfer it from the Dallas ETJ to Forney ETJ, after which Forney could consider the annexation of the land. Because the laws concerning annexation and the size of a city’s ETJ are based on population, however, so Forney does not have the same rights and privileges as the City of Dallas.

The use of MUD’s and other special purpose districts such as Fresh Water Supply Districts and Development Districts to create new mega-developments outside of city limits, be they single-family or multi-family residential, is a concept that needs serious review by the state legislature. Some of these districts have been around for over 30 years and were originally intended to provide water and other infrastructure to very isolated, very rural areas where people were already living – not to allow developers to create their own cities in unincorporated land mere miles from the City of Dallas and other major metropolitan areas while bypassing all of the legal requirements and public processes a city would normally have to engage in. The process by which these districts are created needs review, as well, since apparently there are developers out there who will exploit the Dallas ETJ in northern Kaufman County to create developments that only have to have the approval of the City of Dallas and the Texas Commission on Environmental Quality, especially since the TCEQ seems to give rubber-stamp approvals to these districts if the local authorities, such as the City of Dallas, have already approved it.

A map showing the various ETJ boundaries near the Forney area is displayed below – note that the Dallas ETJ north of Forney’s borders is actually larger than all of the land within Forney city limits! The MUDs marked on the map are the districts the City of Dallas has approved – I believe the Kaufman County MUDs #2, #3 and #4 are the MUDs that the new Devonshire development will be located within.

Click here to discuss the Brooklyn Crossing Development and all of these issues in the Forney discussion forums.

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Also, the Dallas Morning News Homecenter, which covers new homes, neighborhoods, etc., ran an article today entitled “Reasons to celebrate in Forney”. They make mention of Forney’s growth, which they estimate as 120% growth since 2000 and 20% annual growth in the school district. They focus on community events such as the Fourth of July fireworks and the annual Hometown Christmas, and Mayor Grooms mentions that the city would like to organize community events once a quarter, which might include a chili cook-off each fall.

The two new elementary schools are:

• Nell Rhea Elementary, to be located in Fox Hollow
• Margaret Taylor Smith Elementary, to be located in Windmill Farms

And the middle schools will be renamed to:

• Leon Brown Middle School, the district’s current middle school in Windmill Farms
• Linelle Warren Middle School, currently under renovation at 811 S. Bois d’Arc.

The Dallas Morning News article highlights the fact that Forney is close to Dallas and has grown into a bustling city, but maintains a small-town, hometown feel. The article estimates Forney’s current population at 13,000 – that places us within 600 or so people of Terrell’s population, and within a few thousand people of Rockwall’s population.

The article also discusses Forney’s excellent school system and the fact that you can find anything from a typical “starter home” in a large subdivision up to larger homes on acre-plus lots. It’s primarily a public relations piece, but it’s still interesting reading. Just let me know when that annual chili cook-off will be!

Mayor Grooms also said something in the article that sums up one of my favorite things about living in Forney right now. In the article, when discussing these community events, the Mayor says, “the key is bringing people together.” Forney, perhaps through planning and marketing, but most likely through a combination of location, affordability and other factors not completely within the city’s control, has managed to attract an incredible diverse and unique population. I love meeting new neighbors and business owners, because there’s such a great combination of viewpoints coming together in our city lately. It’s lead to growing pains (if you’re new to Forney, don’t mention “bond election” or “new high school” in a crowded room around here), but it’s also given Forney a lot of potential and made it an engaging, interesting place to live.

That’s all the updates for now – still no word on when Lucky’s or Walgreens will be opening, and I know Pollo Ranchero in Shafer Plaza was hoping to be open a couple of weeks ago – has anyone noticed if they’re open yet? As always, if you have any news to share, or rumors, questions, etc., feel free to email me at Josh@TwentyPeacefulMinutes.com, and you can discuss this post in our Forney Discussion Forums, here: New School Names Announced; Dallas Morning News Article on Forney.

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In Leman’s response, they express their regret that Texas Environmental has “decided to escalate a private dispute over Texas Environmental’s bills into a form of economic terrorism”. Leman also asserts that Texas Environmental has no right to claim a lien against any individual homeowners lot and that Texas Environmental’s public letter may be a form of slander of title against the homeowners in Phase 3A of Windmill Farms. Read on for the entire letter from Leman, and more information…

Leman contacted me via email with a copy of the letter they’re mailing out, which appears below. Click on the letter to view a larger version, after which you may have to click on the letter again if your browser scales large images for you.

After the first story about this issue was posted, several homeowners who live in other areas that were serviced by Texas Environmental contacted me, and stated that at one point or another, they received a threat like this that was eventually resolved. Many of them indicated that they spoke with their lawyer about the letter and were assured that it was a groundless threat intended to scare homeowners into pressuring the developer to pay the amount that Texas Environmental wanted. Leman’s letter seems to confirm this.

Additional research through articles such as this one on FindLaw.com discussing Texas Mechanic’s Lien and Bond Claim Law indicates that this most likely correct. While I cannot provide legal advice, here’s what I’ve turned up from FindLaw.com and other sources:

“Texas Property Code §53.254(f) states that the affidavit [claiming a lien] must be filed by a person claiming a lien on a residential construction project not later than the fifteenth (15) day of the third (3d) calendar month after the day on which the indebtedness “accrues.” Texas Property Code §53.052(b). The definition of “accrual of indebtedness” is discussed in Section F of this paper.”

(Section F) “Texas Property Code §53.052(b) states the claimant’s debt accrues at different times, however, depending upon whether the claimant is an original contractor or a subcontractor. The debt to an original contractor accrues, by statute, either “on the last day of the month in which a written declaration by the original contractor or the owner is received by the other party stating that the contract has been terminated,” or “on the last day of the month in which the original contract has been completed, finally settled, or abandoned.” Texas Property Code §53.053(b) states indebtedness to a subcontractor accrues on the last day of the last month in which the labor was performed or the material furnished.”

So it does appear that there are deadlines involved, and that chances are, Texas Environmental has very much missed these deadlines. Furthermore, Texas Property Code §53.153(a) states that “If an affidavit claiming a mechanic’s lien is filed by a person other than the original contractor, the original contractor shall defend at his own expense a suit brought on the claim.” and Texas Property Code §53.153(b) states that “If the suit results in judgment on the lien against the owner or the owner’s property, the owner is entitled to deduct the amount of the judgment and costs from any amount due the original contractor. If the owner has settled with the original contractor in full, the owner is entitled to recover from the original contractor any amount paid for which the original contractor was originally liable.”

This leads me to believe (again, I am not a lawyer, so I highly recommend you consult with an attorney regarding your rights if you have received either of these letters or live in Phase 3A of Windmill Farms) that even if Texas Environmental is allowed to pursue the lien, homeowners should most likely be protected from it.

Slander of title, which Leman mentions Texas Environmental may have committed, is defined by Lawyers.com as “a false and malicious written or spoken public statement disparaging a person’s title to property that causes harm for which special damages may be awarded “. Texas Environmental’s statements very well could be false, are obviously written statements and they were mailed not only to Phase 3A homeowners, but also homeowners and other individuals that live outside of Phase 3A. If Texas Environmental acted with malicious intent and any damages occurred, then slander of title may indeed have been committed.

I am very disappointed and shocked by how Texas Environmental is handling this relatively small debt. It’s clear that the letter Texas Environmental sent to the homeowners, which asserts rights and makes threats that Texas Environmental most likely can’t carry out, was simply an empty threat attempting to make the dispute public and place pressure on Leman Development. It’s interesting to note that throughout all of this, Texas Environmental has not produced any documentation of the alleged debt, and the letter claiming that a lien might be placed against homeowners did not explain, justify or document the debt.

At this time, it seems to be a private dispute between Leman and Texas Environmental that isn’t likely to impact anyone else, including the homeowners in Windmill Farms, so unless there’s an extraordinary new development in this issue, hopefully this will be the last time we hear about this.

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