Texas 2009 - 81st Regular

Texas House Bill HB4738 Compare Versions

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1	1	By: Alonzo (Senate Sponsor - West) H.B. No. 4738
2	2	(In the Senate - Received from the House May 18, 2009;
3	3	May 19, 2009, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 23, 2009, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 23, 2009, sent to
6	6	printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of the North Oak Cliff Municipal
12	12	Management District; providing the authority to impose an
13	13	assessment, impose a tax, and issue bonds.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle C, Title 4, Special District Local Laws
16	16	Code, is amended by adding Chapter 3884 to read as follows:
17	17	CHAPTER 3884. NORTH OAK CLIFF MUNICIPAL MANAGEMENT DISTRICT
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 3884.001. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "City" means the City of Dallas.
22	22	(3) "District" means the North Oak Cliff Municipal
23	23	Management District.
24	24	(4) "Improvement project" means a project authorized
25	25	by Section 3884.102:
26	26	(A) inside the boundaries of the district; and
27	27	(B) in areas outside but adjacent to the
28	28	boundaries of the district if the project is for the purpose of
29	29	extending public infrastructure improvements beyond the district's
30	30	boundaries to a logical terminus.
31	31	Sec. 3884.002. CREATION AND NATURE OF DISTRICT. The
32	32	district is a special district created under Section 59, Article
33	33	XVI, Texas Constitution.
34	34	Sec. 3884.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
35	35	creation of the district is essential to accomplish the purposes of
36	36	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
37	37	Texas Constitution, and other public purposes stated in this
38	38	chapter. By creating the district and in authorizing the city and
39	39	other political subdivisions to contract with the district, the
40	40	legislature has established a program to accomplish the public
41	41	purposes set out in Section 52-a, Article III, Texas Constitution.
42	42	(b) The creation of the district is necessary to promote,
43	43	develop, encourage, and maintain employment, commerce,
44	44	transportation, housing, tourism, recreation, the arts,
45	45	entertainment, economic development, safety, the public welfare in
46	46	the district, and educational scholarships for college-bound
47	47	students residing in or out of the district.
48	48	(c) The district is created to supplement and not to
49	49	supplant city services provided in the district.
50	50	Sec. 3884.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
51	51	The district is created to serve a public use and benefit.
52	52	(b) All land and other property included in the district
53	53	will benefit from the improvements and services to be provided by
54	54	the district under powers conferred by Sections 52 and 52-a,
55	55	Article III, and Section 59, Article XVI, Texas Constitution, and
56	56	other powers granted under this chapter.
57	57	(c) The creation of the district is in the public interest
58	58	and is essential to further the public purposes of:
59	59	(1) developing and diversifying the economy of the
60	60	state;
61	61	(2) eliminating unemployment and underemployment;
62	62	(3) developing or expanding transportation and
63	63	commerce; and
64	64	(4) providing quality residential housing.
65	65	(d) The district will:
66	66	(1) promote the health, safety, and general welfare of
67	67	residents, employers, employees, potential employees, visitors,
68	68	and consumers in the district, and of the public;
69	69	(2) provide needed funding for the district to
70	70	preserve, maintain, and enhance the economic health and vitality of
71	71	the district territory as a residential community and business
72	72	center;
73	73	(3) promote the health, safety, welfare, and enjoyment
74	74	of the public by providing pedestrian ways and by landscaping and
75	75	developing certain areas in the district, which are necessary for
76	76	the restoration, preservation, and enhancement of scenic beauty;
77	77	and
78	78	(4) provide educational scholarships for
79	79	college-bound students residing in or out of the district.
80	80	(e) Pedestrian ways along or across a street, whether at
81	81	grade or above or below the surface, and street lighting, street
82	82	landscaping, vehicle parking, and street art objects are parts of
83	83	and necessary components of a street and are considered to be an
84	84	improvement project that includes a street or road improvement.
85	85	(f) The district will not act as the agent or
86	86	instrumentality of any private interest even though the district
87	87	will benefit many private interests as well as the public.
88	88	Sec. 3884.005. DISTRICT TERRITORY. (a) The district is
89	89	composed of the territory described by Section 2 of the Act creating
90	90	this chapter, as that territory may have been modified under
91	91	Section 3884.106.
92	92	(b) A mistake in the field notes of the district contained
93	93	in Section 2 of the Act creating this chapter or in copying the
94	94	field notes in the legislative process does not in any way affect:
95	95	(1) the district's organization, existence, or
96	96	validity;
97	97	(2) the district's right to contract, including the
98	98	right to issue any type of bond or other obligation for a purpose
99	99	for which the district is created;
100	100	(3) the district's right to impose or collect an
101	101	assessment, tax, or any other revenue; or
102	102	(4) the legality or operation of the board.
103	103	Sec. 3884.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
104	104	(a) All or any part of the area of the district is eligible to be
105	105	included in:
106	106	(1) a tax increment reinvestment zone created by the
107	107	city under Chapter 311, Tax Code;
108	108	(2) a tax abatement reinvestment zone created by the
109	109	city under Chapter 312, Tax Code; or
110	110	(3) an enterprise zone created by the city under
111	111	Chapter 2303, Government Code.
112	112	(b) If the city creates a tax increment reinvestment zone
113	113	described by Subsection (a), the city and the board of directors of
114	114	the zone, by contract with the district, may grant money deposited
115	115	in the tax increment fund to the district to be used by the district
116	116	for the purposes permitted for money granted to a corporation under
117	117	Section 380.002(b), Local Government Code, including the right to
118	118	pledge the money as security for any bonds issued by the district
119	119	for an improvement project. A project may not receive public funds
120	120	under Section 380.002(b), Local Government Code, unless the project
121	121	has been approved by the governing body of the city by the adoption
122	122	of a resolution.
123	123	(c) A tax increment reinvestment zone created by the city in
124	124	the district is not subject to the limitations provided by Section
125	125	311.006(b), Tax Code.
126	126	[Sections 3884.007-3884.050 reserved for expansion]
127	127	SUBCHAPTER B. BOARD OF DIRECTORS
128	128	Sec. 3884.051. GOVERNING BODY; TERMS. (a) The district is
129	129	governed by a board of nine directors composed of:
130	130	(1) six directors appointed by the governing body of
131	131	the city under Subsections (b) and (c);
132	132	(2) one assistant city manager of the city, appointed
133	133	by the city manager;
134	134	(3) the chief financial officer of the city; and
135	135	(4) the economic director of the city.
136	136	(b) Before the term of each director expires as provided by
137	137	Subsection (d), the owner or owners of a majority of the appraised
138	138	value of the real property in the district, or the majority of the
139	139	record owners of real property in the district subject to taxation,
140	140	may submit a petition to the governing body of the city requesting
141	141	that the governing body appoint as successor directors the persons
142	142	named in the petition. If the persons named in the petition meet
143	143	the qualifications prescribed by Sections 3884.052 and 3884.053,
144	144	the governing body may appoint those persons as successor
145	145	directors.
146	146	(c) If a petition is not submitted under Subsection (b), the
147	147	governing body of the city shall appoint as successor directors
148	148	persons who meet the qualifications prescribed by Sections 3884.052
149	149	and 3884.053.
150	150	(d) Directors serve staggered terms of four years, with four
151	151	or five directors' terms expiring July 1 of each odd-numbered year.
152	152	Sec. 3884.052. APPOINTMENT OF DIRECTORS; BOARD MEETINGS.
153	153	(a) Directors appointed by the governing body of the city must meet
154	154	at least one of the qualifications prescribed by Section 3884.053.
155	155	(b) A person may not be appointed to the board by the
156	156	governing body of the city if the appointment of that person would
157	157	result in fewer than:
158	158	(1) four of the directors being residents of the city
159	159	and meeting the qualifications prescribed by Section
160	160	3884.053(a)(2), (3), (4), or (5); and
161	161	(2) two of the directors meeting the qualifications
162	162	prescribed by Section 3884.053(a)(1).
163	163	(c) The governing body of the city may not appoint a person
164	164	as a director if the appointment will result in more than four
165	165	persons serving on the board at any time who are seeking financial
166	166	assistance or reimbursement from the district for capital
167	167	improvements in the district.
168	168	(d) The governing body of the city may remove a member of the
169	169	board with or without cause at any time by a majority vote.
170	170	(e) The board shall hold meetings at a place accessible to
171	171	the public. The board shall file a copy of the notice of a meeting
172	172	with the city's secretary. The city's secretary shall post the
173	173	notice at Dallas City Hall.
174	174	(f) The board may not create an executive committee to
175	175	exercise the powers of the board.
176	176	(g) If an office described in Section 3884.051(a) is
177	177	renamed, changed, or abolished, the governing body of the city may
178	178	appoint another city officer or employee who performs duties
179	179	comparable to those performed by the officer described by that
180	180	subsection.
181	181	Sec. 3884.053. QUALIFICATIONS OF DIRECTORS APPOINTED BY
182	182	CITY. (a) To be qualified to serve as a director appointed by the
183	183	governing body of the city, a person must be at least 18 years old
184	184	and must be:
185	185	(1) a resident of the district who is also a registered
186	186	voter of the district or a registered voter who lives within a
187	187	two-mile radius of the district;
188	188	(2) an owner of property in the district;
189	189	(3) an owner of stock, whether beneficial or
190	190	otherwise, of a corporate owner of property in the district;
191	191	(4) an owner of a beneficial interest in a trust that
192	192	owns property in the district; or
193	193	(5) an agent, employee, or tenant of a person covered
194	194	by Subdivision (2), (3), or (4).
195	195	(b) Section 49.052, Water Code, does not apply to the
196	196	district.
197	197	Sec. 3884.054. VACANCY. The governing body of the city
198	198	shall fill a vacancy on the board by appointing a person who meets
199	199	the qualifications prescribed by Section 3884.051(a) or 3884.053 to
200	200	serve for the remainder of the unexpired term.
201	201	Sec. 3884.055. DIRECTOR'S OATH OR AFFIRMATION. A
202	202	director's oath or affirmation of office shall be filed with the
203	203	district and the district shall retain the oath or affirmation in
204	204	the district records. A copy of each director's oath or affirmation
205	205	of office shall be filed with the city's secretary.
206	206	Sec. 3884.056. OFFICERS. The board shall elect from among
207	207	the directors a chair, a vice chair, and a secretary. The offices
208	208	of chair and secretary may not be held by the same person
209	209	concurrently.
210	210	Sec. 3884.057. COMPENSATION; EXPENSES; LIABILITY INSURANCE
211	211	FOR DIRECTORS. (a) The district may compensate each director in an
212	212	amount not to exceed $50 for each board meeting. The total amount
213	213	of compensation for each director in one year may not exceed $2,000.
214	214	(b) Directors are entitled to reimbursement for necessary
215	215	and reasonable expenses incurred in carrying out the duties and
216	216	responsibilities of the board.
217	217	(c) The district may obtain and pay for comprehensive
218	218	general liability insurance coverage from a commercial insurance
219	219	company or other source that protects and insures a director
220	220	against personal liability and from any and all claims relating to:
221	221	(1) actions taken by the director in the director's
222	222	capacity as a member of the board;
223	223	(2) actions and activities taken by the district; or
224	224	(3) the actions of others acting on behalf of the
225	225	district.
226	226	Sec. 3884.058. CONFLICTS OF INTEREST. (a) A director,
227	227	including a director who qualifies under Section 3884.053(a)(2),
228	228	(3), (4), or (5), may participate in all board votes and decisions
229	229	if the director complies with the requirements of Subsection (b).
230	230	(b) A director shall comply with Section 171.004, Local
231	231	Government Code, including the disclosure and abstention
232	232	requirements of that section. A director must file a copy of the
233	233	director's disclosure affidavit required by Section 171.004, Local
234	234	Government Code, with the city's secretary before participating in
235	235	a board discussion or vote.
236	236	Sec. 3884.059. INITIAL DIRECTORS. (a) The initial board
237	237	consists of the following directors:
238	238	(1) Place 1: a director who qualifies under Section
239	239	3884.053(a)(2), (3), (4), or (5), appointed by the governing body
240	240	of the city;
241	241	(2) Place 2: a director who qualifies under Section
242	242	3884.053(a)(2), (3), (4), or (5), appointed by the governing body
243	243	of the city;
244	244	(3) Place 3: a director who qualifies under Section
245	245	3884.053(a)(2), (3), (4), or (5), appointed by the governing body
246	246	of the city;
247	247	(4) Place 4: a director who qualifies under Section
248	248	3884.053(a)(2), (3), (4), or (5), appointed by the governing body
249	249	of the city;
250	250	(5) Place 5: a director who qualifies under Section
251	251	3884.053(a)(1), appointed by the governing body of the city;
252	252	(6) Place 6: a director who qualifies under Section
253	253	3884.053(a)(1), appointed by the governing body of the city;
254	254	(7) Place 7: a City of Dallas assistant city manager,
255	255	appointed by the Dallas city manager;
256	256	(8) Place 8: the City of Dallas chief financial
257	257	officer; and
258	258	(9) Place 9: the director of the City of Dallas
259	259	Office of Economic Development.
260	260	(b) Of the initial directors, the terms of directors
261	261	appointed for places 1, 2, 3, and 4 expire July 1, 2011, and the
262	262	terms of directors appointed for places 5, 6, 7, 8, and 9 expire
263	263	July 1, 2013.
264	264	(c) This section expires September 1, 2013.
265	265	[Sections 3884.060-3884.100 reserved for expansion]
266	266	SUBCHAPTER C. POWERS AND DUTIES
267	267	Sec. 3884.101. GENERAL POWERS AND DUTIES. The district has
268	268	the powers and duties provided by this chapter and by:
269	269	(1) the general laws relating to conservation and
270	270	reclamation districts created under Section 59, Article XVI, Texas
271	271	Constitution, including Chapters 49 and 54, Water Code;
272	272	(2) Chapter 441, Transportation Code, except that:
273	273	(A) the district may exercise any power granted
274	274	by this chapter without regard to any provision or requirement of or
275	275	procedure prescribed by Chapter 441, Transportation Code; and
276	276	(B) the district may not build or operate a toll
277	277	road;
278	278	(3) Subchapter A, Chapter 372, Local Government Code,
279	279	in the same manner as a municipality or a county;
280	280	(4) Chapter 1371, Government Code;
281	281	(5) Chapter 375, Local Government Code; and
282	282	(6) Chapter 311, Tax Code.
283	283	Sec. 3884.102. IMPROVEMENT PROJECTS. (a) The district may
284	284	provide, or it may enter into contracts with a governmental or
285	285	private entity to provide, the following types of improvement
286	286	projects located in the district or activities in support of or
287	287	incidental to those projects:
288	288	(1) a supply and distribution facility or system to
289	289	provide potable and nonpotable water to the residents and
290	290	businesses of the district, including a wastewater collection
291	291	facility;
292	292	(2) a paved, macadamized, or graveled road or street,
293	293	inside and outside the district, to the full extent authorized by
294	294	Section 52, Article III, Texas Constitution;
295	295	(3) the planning, design, construction, improvement,
296	296	and maintenance of:
297	297	(A) landscaping;
298	298	(B) highway right-of-way or transit corridor
299	299	beautification and improvement;
300	300	(C) lighting, banners, and signs;
301	301	(D) a street or sidewalk;
302	302	(E) a hiking and cycling path or trail;
303	303	(F) a pedestrian walkway, skywalk, crosswalk, or
304	304	tunnel;
305	305	(G) a park, lake, garden, recreational facility,
306	306	community activities center, dock, wharf, sports facility, open
307	307	space, scenic area, or related exhibit or preserve;
308	308	(H) a fountain, plaza, or pedestrian mall; or
309	309	(I) a drainage or storm-water detention
310	310	improvement;
311	311	(4) protection and improvement of the quality of storm
312	312	water that flows through the district;
313	313	(5) the planning, design, construction, improvement,
314	314	maintenance, and operation of:
315	315	(A) a water or sewer facility; or
316	316	(B) an off-street parking facility or heliport;
317	317	(6) the planning and acquisition of:
318	318	(A) public art and sculpture and related exhibits
319	319	and facilities; or
320	320	(B) an educational facility, and a cultural
321	321	exhibit or facility;
322	322	(7) the planning, design, construction, acquisition,
323	323	lease, rental, improvement, maintenance, installation, and
324	324	management of and provision of furnishings for a facility for:
325	325	(A) a conference, convention, or exhibition;
326	326	(B) a manufacturer, consumer, or trade show;
327	327	(C) a civic, community, or institutional event;
328	328	or
329	329	(D) an exhibit, display, attraction, special
330	330	event, or seasonal or cultural celebration or holiday;
331	331	(8) the removal, razing, demolition, or clearing of
332	332	land or improvements in connection with improvement projects;
333	333	(9) the acquisition and improvement of land or other
334	334	property for the mitigation of the environmental effects of an
335	335	improvement project if those costs are incurred in accordance with
336	336	a development agreement and reimbursement of those costs is
337	337	conditioned on the completion of substantial vertical development,
338	338	or the costs are related to a transit or mobility project;
339	339	(10) the acquisition of property or an interest in
340	340	property in connection with one or more authorized improvement
341	341	projects, including a project authorized by Subchapter A, Chapter
342	342	372, Local Government Code;
343	343	(11) a special or supplemental service for the
344	344	improvement and promotion of the district or an area adjacent to the
345	345	district or for the protection of public health and safety in or
346	346	adjacent to the district, including:
347	347	(A) advertising;
348	348	(B) promotion;
349	349	(C) tourism;
350	350	(D) health and sanitation;
351	351	(E) public safety;
352	352	(F) security;
353	353	(G) fire protection or emergency medical
354	354	services;
355	355	(H) business recruitment;
356	356	(I) elimination of traffic congestion, including
357	357	by use of rail services;
358	358	(J) recreational, educational, or cultural
359	359	improvements, enhancements, and services; and
360	360	(K) creation and financing of a higher education
361	361	scholarship fund for students attending Mountain View College or
362	362	the University of North Texas (Dallas Campus); or
363	363	(12) any similar public improvement, facility, or
364	364	service.
365	365	(b) The district may not undertake an improvement project
366	366	under this section unless the board determines the project to be
367	367	necessary to accomplish a public purpose of the district and has
368	368	received the approval of the city under Section 3884.160.
369	369	(c) An improvement project must comply with any applicable
370	370	codes and ordinances of the city.
371	371	(d) The district may not provide, conduct, or authorize an
372	372	improvement project on the city streets, highways, rights-of-way,
373	373	or easements without the consent of the governing body of the city.
374	374	(e) Subject to an agreement between the district and the
375	375	city, the city may:
376	376	(1) by ordinance, order, or resolution require that
377	377	title to all or any portion of an improvement project vest in the
378	378	city; or
379	379	(2) unless prohibited by Subsection (h), by ordinance,
380	380	order, resolution, or other directive, authorize the district to
381	381	own, encumber, maintain, and operate an improvement project,
382	382	subject to the right of the city to order a conveyance of the
383	383	improvement project to the city on a date determined by the city.
384	384	(f) The district shall immediately comply with any city
385	385	ordinance, order, or resolution adopted under Subsection (e).
386	386	(g) For the purposes of this section, planning, design,
387	387	construction, improvement, and maintenance of a lake includes work
388	388	done for drainage, reclamation, or recreation.
389	389	(h) Waterworks and sanitary sewer improvements may be
390	390	undertaken by the district inside or outside the boundaries of the
391	391	district, subject to the following conditions:
392	392	(1) the city shall request that waterworks or sanitary
393	393	sewer improvements be funded by the district;
394	394	(2) the city shall construct, own, operate, and
395	395	maintain the improvements; and
396	396	(3) the district shall comply with Sections 3884.152,
397	397	3884.157, and 3884.160 as a condition for the district to fund the
398	398	improvements.
399	399	Sec. 3884.103. GENERAL POWERS REGARDING CONTRACTS. (a)
400	400	The district may:
401	401	(1) contract with any person to accomplish any
402	402	district purpose, including a contract for:
403	403	(A) the payment, repayment, or reimbursement of
404	404	costs incurred by that person on behalf of the district, including
405	405	all or part of the costs of any improvement project and interest on
406	406	the reimbursed cost; or
407	407	(B) the use, occupancy, lease, rental,
408	408	operation, maintenance, or management of all or part of a proposed
409	409	or existing improvement project; and
410	410	(2) apply for and contract with any person to receive,
411	411	administer, and perform a duty or obligation of the district under a
412	412	federal, state, local, or private gift, grant, loan, conveyance,
413	413	transfer, bequest, or other financial assistance arrangement
414	414	relating to the investigation, planning, analysis, study, design,
415	415	acquisition, construction, improvement, completion,
416	416	implementation, or operation by the district or others of a
417	417	proposed or existing improvement project.
418	418	(b) A contract the district enters into to carry out a
419	419	purpose of this chapter may be on any terms and for any period the
420	420	board determines, including a negotiable or nonnegotiable note or
421	421	warrant payable to the city, Dallas County, or any other person.
422	422	(c) Any person may contract with the district to carry out
423	423	the purposes of this chapter without further statutory or other
424	424	authorization.
425	425	(d) The district must follow Resolution 08-2826, adopted by
426	426	the city on October 22, 2008, for construction, procurement, and
427	427	professional services contracts related to the use of historically
428	428	underutilized businesses and minority contracting in the
429	429	implementation of its district plan.
430	430	Sec. 3884.104. RULES; ENFORCEMENT. (a) The district may
431	431	adopt rules:
432	432	(1) to administer or operate the district;
433	433	(2) for the use, enjoyment, availability, protection,
434	434	security, and maintenance of the district's property and
435	435	facilities; or
436	436	(3) to provide for public safety and security in the
437	437	district.
438	438	(b) The district may enforce its rules by injunctive relief.
439	439	(c) To the extent a district rule conflicts with a city
440	440	rule, order, or regulation, the city rule, order, or regulation
441	441	controls.
442	442	(d) The district shall provide the city with written notice
443	443	not later than the 30th day before the date of a meeting at which the
444	444	board will adopt rules. The district may not adopt a rule affecting
445	445	the use of a municipally owned asset, such as a public park, street,
446	446	sidewalk, transit facility, or public right-of-way, unless the
447	447	governing body of the city has approved the rule by ordinance,
448	448	order, or resolution.
449	449	Sec. 3884.105. NAME CHANGE. The board by resolution may
450	450	change the district's name. The board shall give written notice of
451	451	the change to the city.
452	452	Sec. 3884.106. ADDING OR REMOVING TERRITORY. The board may
453	453	add or remove territory under Subchapter J, Chapter 49, Water Code,
454	454	and Section 54.016, Water Code, except that:
455	455	(1) the addition or removal of the territory must be
456	456	approved by:
457	457	(A) the governing body of the city by ordinance,
458	458	order, or resolution; and
459	459	(B) the owners of the territory being added or
460	460	removed;
461	461	(2) a reference to a tax in Subchapter J, Chapter 49,
462	462	Water Code, or Section 54.016, Water Code, means an ad valorem tax;
463	463	and
464	464	(3) territory may not be removed from the district if
465	465	bonds or other obligations of the district payable wholly or partly
466	466	from ad valorem taxes or assessments imposed or assessed on the
467	467	territory are outstanding.
468	468	Sec. 3884.107. ECONOMIC DEVELOPMENT. (a) The district may
469	469	create economic development and other programs under Section 52-a,
470	470	Article III, Texas Constitution, and may impose and collect ad
471	471	valorem taxes for those purposes. The district has the economic
472	472	development powers that Chapter 380, Local Government Code,
473	473	provides to a municipality with a population of more than 100,000.
474	474	Each economic development program and each project that will
475	475	receive public funds under an economic development program must be
476	476	approved by the governing body of the city by ordinance, order, or
477	477	resolution.
478	478	(b) The district shall provide the city written notice not
479	479	later than the 30th day before the date of a meeting at which the
480	480	board will adopt terms of an economic development program. The
481	481	district may not adopt an economic development program or
482	482	improvement project to be funded under an economic development
483	483	program unless the governing body of the city has approved the
484	484	program or improvement project by ordinance, order, or resolution.
485	485	Sec. 3884.108. NO EMINENT DOMAIN POWER. The district may
486	486	not exercise the power of eminent domain.
487	487	Sec. 3884.109. TERMS OF EMPLOYMENT; COMPENSATION. The
488	488	board may employ and establish the terms of employment and
489	489	compensation of an executive director or general manager and any
490	490	other district employees the board considers necessary. An
491	491	employee may not receive annual compensation of more than $150,000
492	492	from public funds of the district.
493	493	Sec. 3884.110. NOTICE TO PROPERTY OWNERS. (a) The board
494	494	shall annually provide owners of real property in the district
495	495	written notice that specifies the tax of the district for the
496	496	district's next fiscal year in sufficient clarity to describe the
497	497	tax rate for the operation and maintenance of the district and the
498	498	tax rate for the payment of debt service of obligations issued or
499	499	incurred by the district. The written notice must be sent by first
500	500	class United States mail, postage prepaid, to the current address
501	501	of the property owner as reflected on the tax rolls of the appraisal
502	502	district.
503	503	(b) The notice must clearly state that the tax rates on real
504	504	property imposed in the district are in addition to the ad valorem
505	505	taxes imposed by other taxing units that tax real property in the
506	506	boundaries of the district.
507	507	(c) The district shall generate and implement a program to
508	508	provide notification to a prospective purchaser of property in the
509	509	district of the rates of tax and assessments that have been approved
510	510	and are imposed by the district.
511	511	[Sections 3884.111-3884.150 reserved for expansion]
512	512	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
513	513	Sec. 3884.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
514	514	(a) Except as provided by Section 3884.160, the district may:
515	515	(1) impose an ad valorem tax on all taxable industrial
516	516	and commercial property in the district to pay for any improvement
517	517	projects of the types authorized by Section 52(b), Article III, and
518	518	Section 59, Article XVI, Texas Constitution, and to secure the
519	519	payment of bonds issued for those purposes;
520	520	(2) impose an assessment on property in the district
521	521	to pay the cost of any authorized improvement project and the cost
522	522	of the maintenance of the project in the manner provided for:
523	523	(A) a district under Subchapters A, E, and F,
524	524	Chapter 375, Local Government Code; or
525	525	(B) a municipality or county under Subchapter A,
526	526	Chapter 372, Local Government Code;
527	527	(3) provide or secure the payment or repayment of any
528	528	bond, note, or other temporary or permanent obligation or
529	529	reimbursement or other contract with any person, the costs and
530	530	expenses of the establishment, administration, and operation of the
531	531	district, and the district's costs or share of the costs or revenue
532	532	of an improvement project or district contractual obligation or
533	533	indebtedness by or through:
534	534	(A) the imposition of an ad valorem tax,
535	535	assessment, user fee, concession fee, or rental charge; and
536	536	(B) any other revenue or resources of the
537	537	district, or other revenue authorized by the city, including
538	538	revenue from a tax increment reinvestment zone created by the city
539	539	under applicable law;
540	540	(4) establish user charges related to the operation of
541	541	storm-water facilities, including the regulation of storm water for
542	542	the protection of water quality in the district;
543	543	(5) establish user charges for the use of nonpotable
544	544	water for irrigation purposes, subject to the approval of the
545	545	governing body of the city;
546	546	(6) undertake separately or jointly with other
547	547	persons, including the city or Dallas County, all or part of the
548	548	cost of any improvement project, including an improvement project:
549	549	(A) for improving, enhancing, and supporting
550	550	public safety and security, fire protection and emergency medical
551	551	services, and law enforcement in and adjacent to the district; or
552	552	(B) that confers a general benefit on the entire
553	553	district or a special benefit on a definable part of the district;
554	554	and
555	555	(7) enter into a tax abatement agreement in accordance
556	556	with the general laws of this state authorizing and applicable to
557	557	tax abatement agreements by municipalities.
558	558	(b) The district may not impose an ad valorem tax to pay for
559	559	an improvement project under this chapter unless the imposition is
560	560	approved by the voters of the district voting at an election held
561	561	for that purpose. The board may call an election to approve the
562	562	imposition of an ad valorem tax to pay for an improvement project
563	563	under this chapter only if the board receives a petition requesting
564	564	the election signed by:
565	565	(1) at least 65 percent of the record owners of real
566	566	property in the district subject to taxation; or
567	567	(2) owners representing at least 65 percent of the
568	568	appraised value of real property in the district subject to
569	569	taxation, as determined by the tax rolls of the appraisal district.
570	570	Sec. 3884.152. BORROWING MONEY. (a) The district may
571	571	borrow money for a district purpose by issuing or executing bonds,
572	572	notes, credit agreements, or other obligations of any kind found by
573	573	the board to be necessary or appropriate for any district purpose.
574	574	The bond, note, credit agreement, or other obligation may be
575	575	secured by and payable from ad valorem taxes, assessments, a
576	576	combination of ad valorem taxes and assessments, or other district
577	577	revenue. The governing body of the city must approve the issuance
578	578	of bonds, notes, credit agreements, or other obligations of the
579	579	district, in general terms before the preparation of preliminary
580	580	official statements or loan closing documents, as provided by the
581	581	development and operating agreement approved by the city in
582	582	accordance with Section 3884.160, or by separate action.
583	583	(b) The governing body of the city must approve the final
584	584	terms of the bond issuance, note, or credit facility, including the
585	585	principal amount, note amount, interest rate or rates, redemption
586	586	provisions, and other terms and conditions relating to the
587	587	issuance.
588	588	(c) The district shall file annual audited financial
589	589	statements with the city's secretary.
590	590	Sec. 3884.153. ASSESSMENTS; EXEMPTION. (a) The district
591	591	may impose an assessment on property in the district, including an
592	592	assessment on commercial, industrial, or office property, only in
593	593	the manner provided by Subchapter A, Chapter 372, Local Government
594	594	Code, or Subchapter F, Chapter 375, Local Government Code, for a
595	595	municipality, county, or public improvement district, according to
596	596	the benefit received by the property.
597	597	(b) An assessment on property must be for the limited
598	598	purpose of providing capital funding for:
599	599	(1) public water and wastewater facilities;
600	600	(2) drainage and storm-water facilities;
601	601	(3) streets and alleys; and
602	602	(4) any authorized purpose under Chapter 372, Local
603	603	Government Code.
604	604	(c) An assessment, a reassessment, or an assessment
605	605	resulting from an addition to or correction of the assessment roll
606	606	by the district, penalties and interest on an assessment or
607	607	reassessment, an expense of collection, and reasonable attorney's
608	608	fees incurred by the district:
609	609	(1) are a first and prior lien against the property
610	610	assessed; and
611	611	(2) are superior to any other lien or claim other than
612	612	a lien or claim for county, school district, or municipal ad valorem
613	613	taxes.
614	614	(d) A lien of an assessment against property under this
615	615	chapter runs with the land, and the portion of an assessment payment
616	616	obligation that has not yet come due is not eliminated by the
617	617	foreclosure of an ad valorem tax lien. Any purchaser of property in
618	618	a foreclosure of an ad valorem tax lien takes the property subject
619	619	to the assessment payment obligations that have not yet come due and
620	620	to the lien and terms of payment under the applicable assessment
621	621	ordinance or order.
622	622	(e) The board may make a correction to or deletion from the
623	623	assessment roll that does not increase the amount of assessment of
624	624	any parcel of land without providing notice and holding a hearing in
625	625	the manner required for additional assessments.
626	626	(f) The district shall file notice of any tax or assessment
627	627	imposed by the district with the county clerk of Dallas County and
628	628	post the notice on the district's Internet website.
629	629	Sec. 3884.154. RESIDENTIAL PROPERTY EXEMPT. The district
630	630	may not impose taxes, assessments, fees, or any other requirement
631	631	for payment, construction, alteration, or dedication on
632	632	single-family detached residential property, residential
633	633	condominiums, duplexes, triplexes, and quadruplexes.
634	634	Sec. 3884.155. MAINTENANCE AND OPERATION TAX; ELECTION.
635	635	(a) The district may impose a tax for maintenance and operation
636	636	purposes, including for:
637	637	(1) planning, constructing, acquiring, maintaining,
638	638	repairing, and operating all improvement projects, including land,
639	639	plants, works, facilities, improvements, appliances, and equipment
640	640	of the district; and
641	641	(2) paying costs of services, engineering and legal
642	642	fees, and organization and administrative expenses, including
643	643	expenses of the city payable under the terms of the project
644	644	development agreement described by Section 3884.160.
645	645	(b) The district may not impose a maintenance and operation
646	646	tax for improvement projects under this chapter unless the
647	647	imposition of the tax is approved by the voters of the district
648	648	voting at an election held for that purpose. An election may be
649	649	called only on receipt of a petition as provided by Section
650	650	3884.151(b).
651	651	(c) A maintenance and operation tax election may be held at
652	652	the same time and in conjunction with any other district election.
653	653	The election may be called by a separate election order or as part
654	654	of any other election order.
655	655	Sec. 3884.156. USE OF SURPLUS MAINTENANCE AND OPERATION
656	656	MONEY. If the district has surplus maintenance and operation tax
657	657	money that is not needed for the purposes for which it was
658	658	collected, the money may be used for any authorized purpose.
659	659	Sec. 3884.157. BONDS AND OTHER OBLIGATIONS. (a) Subject to
660	660	the requirements of Sections 3884.159 and 3884.160, the district
661	661	may issue by public or private sale bonds, notes, or other
662	662	obligations payable wholly or partly from ad valorem taxes, or by
663	663	assessments in the manner provided by Subchapter A, Chapter 372,
664	664	Local Government Code, or Subchapter J, Chapter 375, Local
665	665	Government Code.
666	666	(b) In exercising the district's borrowing power, the
667	667	district may issue a bond or other obligation in the form of a bond,
668	668	note, certificate of participation or other instrument evidencing a
669	669	proportionate interest in payments to be made by the district, or
670	670	any other type of obligation.
671	671	(c) In addition to the sources of money described by
672	672	Subchapter A, Chapter 372, Local Government Code, and Subchapter J,
673	673	Chapter 375, Local Government Code, district bonds may be secured
674	674	and made payable wholly or partly by a pledge of any part of the
675	675	money the district receives from system or improvement project
676	676	revenue or from any other source.
677	677	Sec. 3884.158. BOND MATURITY. Bonds may mature not more
678	678	than 40 years from their date of issue.
679	679	Sec. 3884.159. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
680	680	the time bonds or other obligations payable wholly or partly from ad
681	681	valorem taxes are issued:
682	682	(1) the board shall impose a continuing direct annual
683	683	ad valorem tax for each year that all or part of the bonds are
684	684	outstanding; and
685	685	(2) the district annually shall impose an ad valorem
686	686	tax on all taxable property in the district in an amount sufficient
687	687	to:
688	688	(A) pay the interest on the bonds or other
689	689	obligations as the interest becomes due; and
690	690	(B) create a sinking fund for the payment of the
691	691	principal of the bonds or other obligations when due or the
692	692	redemption price at any earlier required redemption date.
693	693	Sec. 3884.160. DEVELOPMENT AND OPERATING AGREEMENT
694	694	REQUIRED. (a) After the district's board is organized, but before
695	695	the district may undertake any improvement project, issue bonds,
696	696	impose taxes, levy assessments or fees, or borrow money, the
697	697	district and the city must negotiate and execute a mutually
698	698	approved and accepted development and operating agreement,
699	699	including any limitations imposed by the city, regarding the plans
700	700	and rules for:
701	701	(1) the exercise of the powers granted to the district
702	702	under this chapter, including the organization, development, and
703	703	operation of the district;
704	704	(2) the selection and description of improvement
705	705	projects that may be undertaken and financed by the district and the
706	706	ownership, operation, and maintenance of those projects;
707	707	(3) the terms, conditions, methods, means, and amounts
708	708	of financing authorized by this chapter that the district may use in
709	709	providing improvement projects; and
710	710	(4) the amounts, methods, and times of reimbursement
711	711	to the city for costs and expenses, if any, incurred by the city
712	712	with respect to the development and operation of the district and
713	713	the financing of improvement projects by the district.
714	714	(b) An agreement authorized by this section is not effective
715	715	until its terms and execution are approved by the board and the
716	716	governing body of the city by resolution.
717	717	[Sections 3884.161-3884.250 reserved for expansion]
718	718	SUBCHAPTER E. DISSOLUTION
719	719	Sec. 3884.251. DISSOLUTION BY CITY ORDINANCE. (a) The city
720	720	by ordinance may dissolve the district.
721	721	(b) The city may not dissolve the district until the
722	722	district's outstanding indebtedness or contractual obligations
723	723	that are payable from ad valorem taxes have been repaid or
724	724	discharged, or the city has affirmatively assumed the obligation to
725	725	pay the outstanding indebtedness from the city's lawfully available
726	726	revenue.
727	727	(c) The city may not dissolve the district until the
728	728	agreement under Section 3884.160 has been executed and the
729	729	district's performance under the agreement has been fulfilled,
730	730	including any right or obligation the district has to reimburse a
731	731	developer or owner for the costs of improvement projects.
732	732	Sec. 3884.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
733	733	(a) If the dissolved district has bonds or other obligations
734	734	outstanding secured by and payable from assessments or other
735	735	revenue, other than ad valorem taxes, the city shall succeed to the
736	736	rights and obligations of the district regarding enforcement and
737	737	collection of the assessments or other revenue.
738	738	(b) The city shall have and exercise all district powers to
739	739	enforce and collect the assessments or other revenue to pay:
740	740	(1) the bonds or other obligations when due and
741	741	payable according to their terms; or
742	742	(2) special revenue or assessment bonds or other
743	743	obligations issued by the city to refund the outstanding bonds or
744	744	obligations.
745	745	Sec. 3884.253. CONCURRENCE ON ADDITIONAL POWERS. If the
746	746	legislature grants the district a power that is in addition to the
747	747	powers approved by the initial resolution of the governing body of
748	748	the city consenting to the creation of the district, the district
749	749	may not exercise that power unless the governing body of the city
750	750	consents to that change by resolution.
751	751	Sec. 3884.254. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
752	752	After the city dissolves the district, the city assumes, subject to
753	753	the appropriation and availability of funds, the obligations of the
754	754	district, including any bonds or other indebtedness payable from
755	755	assessments or other district revenue.
756	756	(b) If the city dissolves the district, the board shall
757	757	transfer ownership of all district property to the city.
758	758	SECTION 2. The district shall include the following land,
759	759	described by metes and bounds as follows:
760	760	(a) A 455.938 acre tract of land situated in the Anson
761	761	McCracken Survey Abstract No. 868, I N Coombs Survey Abstract No.
762	762	288, J E Helms Survey Abstract No. 605, T V Griffin Survey Abstract
763	763	No. 511, James Wetsell Survey Abstract No. 1541, Williams Myers
764	764	Survey Abstract No. 880, Ellis C. Thomas Survey Abstract No. 1465,
765	765	John B. Robinson Survey Abstract No. 1215, J L Leonard Survey
766	766	Abstract No. 770, Aaron Overton Survey Abstract No. 1101, G S C
767	767	Leonard Survey Abstract No. 780, Elizabeth Robertson Survey
768	768	Abstract No. 1211, City of Dallas, Dallas County, Texas and being
769	769	more particularly described by metes and bounds as follows:
770	770	BEGINNING at a point in the South right-of way (Variable width) line
771	771	of Davis Street and the intersection of the East Right-of-Way
772	772	(Variable Width) Line of Zang Boulevard situated in the J L Leonard
773	773	Survey Abstract No. 770 at the Southeast corner of said Zang
774	774	Boulevard and Davis Street, and being in the Northeast corner of a
775	775	tract of land conveyed to Banjo Ventures LTD by deed recorded in
776	776	Volume 2002129, Page 2902, Deed Records of Dallas County, Texas;
777	777	THENCE with the East and South line of said Zang Boulevard the
778	778	following courses:
779	779	North 00 Degrees 35 Minutes 50 Seconds West, 1075.73 feet to
780	780	an angle point;
781	781	North 02 Degrees 12 Minutes 01 Seconds West, 741.88 feet to an
782	782	angle point;
783	783	North 08 Degrees 08 Minutes 12 Seconds East, 90.43 feet to an
784	784	angle point;
785	785	North 20 Degrees 57 Minutes 34 Seconds East, 100.26 feet to an
786	786	angle point;
787	787	North 31 Degrees 48 Minutes 06 Seconds East, 568.78 feet with
788	788	a curve to the right having a radius 247.97 feet, a central angle of
789	789	39 Degrees 20 Minutes 53 Seconds, a Chord bearing North 30 Degrees
790	790	29 Minutes 12 Seconds East and distance of 166.97;
791	791	North 44 Degrees 04 Minutes 46 Seconds East, 1163.59 feet to
792	792	an angle point;
793	793	North 44 Degrees 32 Minutes 08 Seconds East, 715.94 feet to an
794	794	angle point;
795	795	THENCE leaving south line of Zang Boulevard, North 34 Degrees 53
796	796	Minutes 57 Seconds West, 135.44 feet to the intersection of the
797	797	Northeast line of Zang Boulevard and the North line of Oakenwald
798	798	Street (60' Right-of-way), with the curving North right-of-way;
799	799	THENCE with the North line of said Oakenwald Street with the curve
800	800	to the left having a radius of 157.90, a central angle of 40 Degrees
801	801	51 Minutes 35 Seconds, a Chord bearing North 73 Degrees 25 Minutes
802	802	28 Seconds West and distance of 110.23;
803	803	THENCE North 89 Degrees 43 Minutes 16 Seconds, 405.43 feet to the
804	804	intersection of said North line of Oakenwald Street and the East
805	805	line of Plowman Avenue (70'Right-of-Way);
806	806	THENCE leaving north line of Oakenwald Street, North No Degrees 15
807	807	Minutes 34 Seconds, 618.61 feet;
808	808	THENCE North 33 Degrees 51 Minutes 20 Seconds, 42.72 feet to a 1/2
809	809	Inch Iron Rod Found with a yellow cap stamped "RPLS 5310" the
810	810	Northeast corner of said Plowman Avenue and Tilden Street (60'
811	811	Right-of-Way) and also being the southeast corner of a tract of land
812	812	conveyed to Trinity Rivers Holdings LTD., a Texas Limited
813	813	Partnership Recorded in Instrument No. 200600023600, Deed Records,
814	814	Dallas County, Texas;
815	815	THENCE leaving north line of Tilden Street, North No Degrees 11
816	816	Minutes 51 Seconds East, 262.16 feet to a found 5/8 inch iron rod
817	817	with a yellow cap stamped "Bury & Partners";
818	818	THENCE North 89 Degrees 06 Minutes 18 Seconds West, 104.65 feet to a
819	819	found 1/2 inch iron rod;
820	820	THENCE North 01 Degrees 34 Minutes 30 Seconds West, 156.80 feet to a
821	821	found 1/2 inch iron rod;
822	822	THENCE South 89 Degrees 56 Minutes 58 Seconds West, 307.85 feet to a
823	823	found 1/2 inch iron rod with a yellow plastic cap stamped "Bury &
824	824	Partners";
825	825	THENCE South 00 Degrees 07 Minutes 43 Seconds East, 420.26 feet to a
826	826	found 1/2 inch iron rod and being the in the North line of said
827	827	Tilden Street;
828	828	THENCE South 24 Degrees 18 Minutes 38 Seconds West, 56.91 feet to a
829	829	found 1/2 inch iron rod being in the South line of said Tilen Street
830	830	and the East line of Englewood Drive (60' Right-of-Way) and the
831	831	Northeast corner of Tract 3 of a tract of land conveyed to Plowman
832	832	Development LLC, a Delaware Limited Company, recorded in Instrument
833	833	No. 20070344751, Deed Records, Dallas County, Texas;
834	834	THENCE along the East line of said Englewood Drive, South, 100.00
835	835	feet;
836	836	THENCE leaving the East line of said Englewood Drive, South 89
837	837	Degrees 55 Minutes 00 Seconds East, 195.00 feet to the Southeast
838	838	corner of Tract 3 of said Plowman tract and being in the west line of
839	839	a 18' Alley;
840	840	THENCE leaving Said 18' Alley, South 89 Degrees 29 Minutes 25
841	841	Seconds East, 18.00 feet to a point in the East line of said 18'
842	842	Alley and also being a point in Tract 1 of said Plowman tract;
843	843	THENCE along 18' alley and said Tract 1 of the Plowman Tract, South,
844	844	50.80.00 feet;
845	845	THENCE leaving Said 18' Alley, North 86 Degrees 56 Minutes 19
846	846	Seconds West, 18.03 feet to a point in the West line of said 18'
847	847	Alley and also being a the Northeast corner in Tract 2 of said
848	848	Plowman tract;
849	849	THENCE North 89 Degrees 55 Minutes 00 Seconds West, 195.00 feet to
850	850	the Northwest corner of Tract 2 of said Plowman tract and in the
851	851	east line of said Englewood Drive;
852	852	THENCE along east line of said Englewood Drive, South, 50.00 feet to
853	853	the Southwest corner of tract 2 of the said Plowman tract;
854	854	THENCE leaving Said east line Englewood Drive, South 89 Degrees 55
855	855	Minutes 00 Seconds East, 195.00 feet to the Southeast Corner of
856	856	Tract 2 of the said Plowman Tract and in the west line of said 18'
857	857	alley;
858	858	THENCE South 89 Degrees 59 Minutes 38 Seconds East, 18.00 feet to
859	859	the Southwest corner of Tract 1 of the Plowman tract and in the east
860	860	line of said 18' alley;
861	861	THENCE leaving said 18' Alley, South 89 Degrees 55 Minutes 00
862	862	Seconds East, 185.00 feet to the Southeast corner of tract 1 of the
863	863	Plowman tract and in the west line of said Plowman Avenue;
864	864	THENCE South, 50.00 feet to the Northeast corner of tract 5 of the
865	865	Plowman tract and in the west line of said Plowman Avenue;
866	866	THENCE leaving said Plowman Avenue, North 89 Degrees 55 Minutes 00
867	867	Seconds West, 185.00 feet to the Northwest corner of tract 5 of the
868	868	Plowman tract and in the east line of said 18' alley;
869	869	THENCE South 19 Degrees 47 Minutes 58 Seconds West, 53.14 feet to
870	870	the Northeast corner of tract 4 of the Plowman tract and in the west
871	871	line of said 18' alley;
872	872	THENCE leaving said 18' Alley, North 89 Degrees 55 Minutes 00
873	873	Seconds West, 195.00 feet to the Northwest corner of tract 4 of the
874	874	Plowman tract and in the east line of said Englewood Drive;
875	875	THENCE South, 250.00 feet to the Southwest corner of tract 4 of the
876	876	Plowman tract and in the east line of said Englewood Drive;
877	877	THENCE South 89 Degrees 55 Minutes 00 Seconds East, 195.00 feet to
878	878	the Southeast corner of tract 4 of the Plowman tract and in the west
879	879	line of said 18' alley;
880	880	THENCE North 19 Degrees 47 Minutes 56 Seconds East, 53.14 feet to
881	881	the Southwest corner of tract 5 of the Plowman tract and in the east
882	882	line of said 18' alley;
883	883	THENCE South 89 Degrees 55 Minutes 00 Seconds East, 185.00 feet to
884	884	the Southeast corner of tract 5 of the Plowman tract and in the east
885	885	line of said Plowman Avenue;
886	886	THENCE with the West line of said Plowman Avenue the following
887	887	courses:
888	888	South 00 Degrees 22 Minutes 14 Seconds East, 289.77 feet to an
889	889	angle point;
890	890	South, 108.11 feet;
891	891	South, 283.82 feet to an angle point;
892	892	South 05 Degrees 24 Minutes 40 Seconds East, 48.35 feet to a
893	893	point in the North line of Zang Boulevard and the west line of
894	894	Plowman Avenue;
895	895	THENCE with the North and west line of said Zang Boulevard the
896	896	following courses:
897	897	South 43 Degrees 03 Minutes 07 Seconds West, 1078.83 feet to
898	898	an angle point;
899	899	South 28 Degrees 13 Minutes 01 Seconds West, 172.22 feet to an
900	900	angle point;
901	901	South 30 Degrees 40 Minutes 23 Seconds West, 582.39 feet to an
902	902	angle point;
903	903	South 22 Degrees 53 Minutes 29 Seconds West, 111.38 feet to an
904	904	angle point;
905	905	South 07 Degrees 19 Minutes 41 Seconds West, 111.38 feet to an
906	906	angle point;
907	907	South No Degrees 34 Minutes 06 Seconds East, 887.69 feet to an
908	908	angle point;
909	909	South No Degrees 00 Minutes 52 Seconds East, 878.19 feet to a
910	910	point in the West line of Zang Boulevard and the North line of said
911	911	Davis Street;
912	912	THENCE with the North line of said Davis Street the following
913	913	courses:
914	914	South 89 Degrees 15 Minutes 55 Seconds West, 745.11 feet to an
915	915	angle point;
916	916	South 87 Degrees 42 Minutes 20 Seconds West, 420.25 feet to an
917	917	angle point;
918	918	South 89 Degrees 42 Minutes 15 Seconds West, 1062.54 feet to a
919	919	point in the North line of said Davis Street and the East line of
920	920	said Cedar Hill Avenue;
921	921	THENCE with the East line of said Cedar Hill Avenue the following
922	922	courses:
923	923	North No Degrees 11 Minutes 59 Seconds West, 1521.20 feet to
924	924	an angle point;
925	925	North No Degrees 59 Minutes 20 Seconds West, 46.04 feet to a
926	926	point in the East line of said Cedar Hill Avenue and the North line
927	927	of Sixth Street (60' Right-of-way);
928	928	THENCE South 89 Degrees 47 Minutes 13 Seconds West, 55.75 feet to a
929	929	point in the east line of said Cedar Hill Avenue and a point in the
930	930	East Line of Tract 5 of a tract of land conveyed to SPCO Development
931	931	LLC by deed recorded in Instrument No. 20070228027, Official Public
932	932	Records Records, Dallas County, Texas;
933	933	THENCE North No Degrees 12 Minutes 47 Seconds West, 188.44 feet a
934	934	point in the South line of West Fifth Street (60' Right-of-way) and
935	935	the West line of Cedar Hill Avenue (60' Right-of-Way) and the
936	936	Northeast corner of Tract 1 of a tract of land conveyed to SPCO
937	937	Development LLC, by deed recorded in Instrument No. 20080223657,
938	938	Official Public Records, Dallas County, Texas;
939	939	THENCE North 89 Degrees 57 Minutes 46 Seconds West, 129.61 feet to
940	940	the Northwest corner of Tract 1 of said SPCO tract and the South
941	941	line of said West Fifth Street (60' Right-of-Way);
942	942	THENCE departing said South line of West Fifth Street, North No
943	943	Degrees 02 Minutes 14 Seconds West, 65.33 feet to the Southwest
944	944	corner of Tract 1 of said SPCO tract;
945	945	THENCE North 89 Degrees 57 Minutes 46 Seconds West, 60.00 feet to
946	946	the Northeast corner of Tract 4 of a tract of land conveyed to SPCO
947	947	Development LLC, by deed recorded in Instrument No. 20080111729,
948	948	Official Public Records, Dallas County, Texas;
949	949	THENCE South No Degrees 02 Minutes 14 Seconds West, 54.67 feet to
950	950	the Southwest corner of Tract 4 of said SPCO tract;
951	951	THENCE along the north line of tract 5 of said SPCO tract, North 89
952	952	Degrees 57 Minutes 46 Seconds West, 55.00 feet to the Southeast
953	953	corner of Tract 2 of a tract of land conveyed to SPCO Development
954	954	LLC, by deed recorded in Instrument No. 20080111729, Official
955	955	Public Records, Dallas County, Texas;
956	956	THENCE North No Degrees 02 Minutes 14 Seconds East, 120.00 feet to
957	957	the Northeast corner of Tract 2 of a said SPCO tract and also being
958	958	in the south line of said West Fifth Street;
959	959	THENCE North 89 Degrees 57 Minutes 46 Seconds West, 55.00 feet to
960	960	the Northwest corner of Tract 2 of a said SPCO tract and also being
961	961	in the south line of said West Fifth Street;
962	962	THENCE North No Degrees 02 Minutes 14 Seconds West, 120.00 feet to
963	963	the Southwest corner of Tract 2 of a said SPCO tract;
964	964	THENCE Along the North line of said Tract 5 of said SPCO tract,
965	965	North 89 Degrees 57 Minutes 46 Seconds West, 55.00 feet to the
966	966	Southeast corner of Tract 3 of a tract of land conveyed to SPCO
967	967	Development LLC, by deed recorded in Instrument No. 20080111729,
968	968	Official Public Records, Dallas County, Texas;
969	969	THENCE North No Degrees 02 Minutes 14 Seconds East, 120.00 feet to
970	970	the Northeast corner of Tract 3 of a said SPCO tract and also being
971	971	in the South line of said West Fifth Street;
972	972	THENCE Along the South line of said West Fifth Street, North 89
973	973	Degrees 57 Minutes 46 Seconds West, 55.00 feet to the Northwest
974	974	corner of Tract 3 of a said SPCO tract;
975	975	THENCE North 89 Degrees 53 Minutes 05 Seconds West, 20.90 feet;
976	976	THENCE with the approximate meanders of Kidd Springs Park conveyed
977	977	to the City of Dallas, by deed recorded in Volume 2816, Page 452,
978	978	Deed Records, Dallas County, Texas the following Fourteen Courses:
979	979	1) North No Degrees 24 Minutes 42 Seconds West, 65.35 feet;
980	980	2) North 88 Degrees 58 Minutes 37 Seconds East, 441.02 feet;
981	981	3) North 05 Degrees 18 Minutes 52 Seconds West, 170.02 feet;
982	982	4) North, 173.23 feet;
983	983	5) South 88 Degrees 48 Minutes 02 Seconds West, 639.51 feet;
984	984	6) North 07 Degrees 21 Minutes 09 Seconds West, 49.22 feet;
985	985	7) South 59 Degrees 56 Minutes 12 Seconds West, 291.87 feet;
986	986	8) South 88 Degrees 18 Minutes 55 Seconds West, 291.15 feet;
987	987	9) South 02 Degrees 59 Minutes 29 Seconds East, 81.56 feet;
988	988	10) East, 15.75 feet;
989	989	11) South 00 Degrees 07 Minutes 38 Seconds East, 354.33
990	990	feet;
991	991	12) South 89 Degrees 23 Minutes 48 Seconds West, 589.79
992	992	feet;
993	993	13) South No Degrees 46 Minutes 53 Seconds East, 561.39
994	994	feet;
995	995	14) North 89 Degrees 30 Minutes 19 Seconds East, 1323.26
996	996	feet;
997	997	THENCE along the North line of Van Buren Street (44' Right-of-way),
998	998	North 58 Degrees 41 Minutes 43 Seconds East, 263.01 feet;
999	999	THENCE North 58 Degrees 25 Minutes 52 Seconds East, 209.66 feet to
1000	1000	the intersection of the North line of said Van Buren Street and the
1001	1001	West Line of said Cedar Hill Avenue;
1002	1002	THENCE along the West line of said Cedar Hill Avenue, South 02
1003	1003	Degrees 11 Minutes 45 Seconds West, 142.60 feet;
1004	1004	THENCE South No Degrees 00 Minutes 31 Seconds West, 1161.24 feet to
1005	1005	the intersection of the West line of said Cedar Hill Avenue and the
1006	1006	North Line of said Davis Street;
1007	1007	THENCE with the North line of said Davis Street the following
1008	1008	courses:
1009	1009	South 89 Degrees 20 Minutes 07 Seconds West, 2124.66 feet to
1010	1010	an angle point;
1011	1011	South 88 Degrees 34 Minutes 14 Seconds West, 503.44 feet to an
1012	1012	angle point;
1013	1013	South 89 Degrees 33 Minutes 15 Seconds West, 2411.29 feet to
1014	1014	an angle point;
1015	1015	North 82 Degrees 18 Minutes 54 Seconds West, 73.20 feet to an
1016	1016	angle point;
1017	1017	North 89 Degrees 54 Minutes 37 Seconds West, 1247.94 feet to a
1018	1018	point in the North line of Davis Street and the East line of Stevens
1019	1019	Village;
1020	1020	THENCE North No Degrees 22 Minutes 49 Seconds West, 662.19 feet to
1021	1021	the intersection of the East line of said Sevens Village and the
1022	1022	South line of Stevens Forest Drive (Variable width Right-of-way);
1023	1023	THENCE along the South line of said Stevens Forest Drive, North 86
1024	1024	Degrees 35 Minutes 08 Seconds East, 223.45 feet;
1025	1025	THENCE North 78 Degrees 00 Minutes 43 Seconds East, 35.35 feet;
1026	1026	THENCE with the meanders of a tract of land conveyed to the Chateau
1027	1027	Crete Development, LLC, by deed recorded in Instrument No.
1028	1028	20070164416, Deed Records, Dallas County, Texas and a tract of land
1029	1029	conveyed to the Chateau Crete Development, LLC, by deed recorded in
1030	1030	Instrument No. 200600412556, Deed Records, Dallas County, Texas the
1031	1031	following Five Courses:
1032	1032	1) South No Degrees 36 Minutes 31 Seconds West, 56.45 feet;
1033	1033	2) South 28 Degrees 45 Minutes 19 Seconds East, 19.61 feet;
1034	1034	3) South 58 Degrees 07 Minutes 10 Seconds East, 82.21 feet;
1035	1035	4) South 88 Degrees 50 Minutes 44 Seconds East, 34.70 feet;
1036	1036	5) South 88 Degrees 38 Minutes 43 Seconds East, 891.76 feet;
1037	1037	THENCE South 88 Degrees 36 Minutes 42 Seconds East, 56.22 feet to a
1038	1038	point in the East line of Mary Cliff Road (50' Right-of-way);
1039	1039	THENCE with the East line of said Mary Cliff Road the following
1040	1040	courses:
1041	1041	North 02 Degrees 16 Minutes 12 Seconds West, 444.97 feet to an
1042	1042	angle point;
1043	1043	North 02 Degrees 00 Minutes 42 Seconds West, 43.51 feet to an
1044	1044	angle point;
1045	1045	North 01 Degrees 00 Minutes 57 Seconds East, 157.15 feet to an
1046	1046	angle point;
1047	1047	North 01 Degrees 05 Minutes 31 Seconds West, 169.81 feet to an
1048	1048	angle point;
1049	1049	North 04 Degrees 48 Minutes 26 Seconds West, 48.27 feet to an
1050	1050	angle point;
1051	1051	North 02 Degrees 27 Minutes 42 Seconds East, 206.22 feet;
1052	1052	THENCE with the meanders of the tracts of land described in the
1053	1053	following deeds: Kings Highway Development LLC recorded in
1054	1054	Instrument No. 20070101181 and Instrument No. 20070101182; River
1055	1055	District Holdings, LLC recorded in Instrument No. 20070325092,
1056	1056	Instrument No. 20080187473, Insturment No. 20080187464,Instument
1057	1057	No. 2008187481, Instrument No. 2008187459, Instrument No.
1058	1058	20080317748, Instrument No. 20080187477, Deed Records, Dallas
1059	1059	County, Texas the following Twelve Courses:
1060	1060	1) North 88 Degrees 55 Minutes 36 Seconds East, 95.64 feet;
1061	1061	2) South No Degrees 42 Minutes 05 Seconds East, 187.63 feet;
1062	1062	3) North 88 Degrees 43 Minutes 09 Seconds East, 291.43 feet;
1063	1063	4) North No Degrees 42 Minutes 05 Seconds West, 137.97 feet;
1064	1064	5) South 88 Degrees 39 Minutes 17 Seconds West, 51.90 feet;
1065	1065	6) North No Degrees 05 Minutes 29 Seconds East, 49.90 feet;
1066	1066	7) North 88 Degrees 36 Minutes 56 Seconds East, 51.70 feet;
1067	1067	8) North No Degrees 05 Minutes 52 Seconds West, 89.63 feet;
1068	1068	9) North 89 Degrees 33 Minutes 13 Seconds East, 47.52 feet;
1069	1069	10) North No Degrees 09 Minutes 10 Seconds West, 99.79 feet;
1070	1070	11) South 89 Degrees 25 Minutes 38 Seconds West, 435.39
1071	1071	feet;
1072	1072	12) South 00 Degrees 14 Minutes 16 Seconds East, 59.81 feet;
1073	1073	THENCE North 86 Degrees 10 Minutes 19 Seconds West, 46.54 feet to a
1074	1074	point in the West line of said Mary Cliff Road;
1075	1075	THENCE with the West line of said Mary Cliff Road the following
1076	1076	courses:
1077	1077	South 01 Degrees 40 Minutes 15 Seconds West, 150.35 feet to an
1078	1078	angle point;
1079	1079	South 01 Degrees 00 Minutes 38 Seconds West, 29.28 feet to an
1080	1080	angle point;
1081	1081	South 00 Degrees 22 Minutes 47 Seconds West, 587.32 feet to an
1082	1082	angle point;
1083	1083	South 01 Degrees 57 Minutes 07 Seconds East, 215.51 feet to
1084	1084	the intersection of the west line of said Mary Cliff Road and the
1085	1085	North line said Stevens Forest Drive;
1086	1086	THENCE with the North line of said Stevens Forest Drive the
1087	1087	following courses:
1088	1088	South 88 Degrees 30 Minutes 48 Seconds West, 141.62 feet to an
1089	1089	angle point;
1090	1090	North 79 Degrees 28 Minutes 10 Seconds West, 40.21 feet to an
1091	1091	angle point;
1092	1092	South 89 Degrees 18 Minutes 22 Seconds West, 303.39 feet to an
1093	1093	angle point;
1094	1094	South 89 Degrees 44 Minutes 06 Seconds West, 198.57 feet to an
1095	1095	angle point;
1096	1096	North 86 Degrees 59 Minutes 23 Seconds East, 52.47 feet to the
1097	1097	beginning of a curve to the left having a radius 239.53 feet, a
1098	1098	central angle of 45 Degrees 09 Minutes 54 Seconds, a Chord bearing
1099	1099	South 77 Degrees 00 Minutes 57 Seconds East and distance of 183.97;
1100	1100	South 58 Degrees 00 Minutes 57 Seconds West, 33.39 feet to the
1101	1101	beginning of a curve to the right having a radius 252.72 feet, a
1102	1102	central angle of 24 Degrees 45 Minutes 51 Seconds, a Chord bearing
1103	1103	South 77 Degrees 20 Minutes 16 Seconds West and distance of 108.38;
1104	1104	South 86 Degrees 46 Minutes 16 Seconds West, 205.95 feet to
1105	1105	the intersection of the North line of said Stevens Forest Drive and
1106	1106	the East line said Stevens Village;
1107	1107	THENCE North 83 Degrees 30 Minutes 20 Seconds West, 34.91 feet;
1108	1108	THENCE with the meanders of the tracts of land described in the
1109	1109	following deeds: Acorn Tree Development LLC, deed recorded in
1110	1110	Instrument No. 20070067562 and Instrument No. 20070067734, Deed
1111	1111	Records, Dallas County, Texas the following Seven Courses:
1112	1112	1) North No Degrees 29 Minutes 12 Seconds West, 207.35 feet;
1113	1113	2) South 89 Degrees 31 Minutes 27 Seconds West, 348.85 feet;
1114	1114	3) South 00 Degrees 44 Minutes 25 Seconds East, 134.09 feet;
1115	1115	4) South 88 Degrees 44 Minutes 33 Seconds West, 25.00 feet;
1116	1116	5) South No Degrees 23 Minutes 28 Seconds East, 592.98 feet;
1117	1117	6) South 89 Degrees 40 Minutes 11 Seconds West, 240.21 feet;
1118	1118	7) South No Degrees 01 Minutes 25 Seconds West, 209.50 feet;
1119	1119	THENCE with the North line of said Davis Street the following
1120	1120	courses:
1121	1121	North 77 Degrees 39 Minutes 56 Seconds West, 56.81 feet to an
1122	1122	angle point;
1123	1123	South 88 Degrees 11 Minutes 52 Seconds West, 591.97 feet to an
1124	1124	angle point;
1125	1125	South 89 Degrees 10 Minutes 23 Seconds West, 430.85 feet to an
1126	1126	angle point;
1127	1127	South 75 Degrees 09 Minutes 11 Seconds West, 50.97 feet to an
1128	1128	angle point;
1129	1129	South 87 Degrees 38 Minutes 45 Seconds West, 441.78 feet to an
1130	1130	angle point;
1131	1131	North 89 Degrees 46 Minutes 55 Seconds West, 145.98 feet;
1132	1132	North 43 Degrees 59 Minutes 55 Seconds West, 17.09 feet;
1133	1133	THENCE with the meanders of the tracts of land described in the
1134	1134	following deeds: Plymouth Hills Development LLC, deed recorded in
1135	1135	Instrument No. 20080165209 and Instrument No. 20070447589 and
1136	1136	Instrument No. 20070447588, Deed Records, Dallas County, Texas the
1137	1137	following Eleven Courses:
1138	1138	1) North No Degrees 30 Minutes 57 Seconds West, 185.00 feet;
1139	1139	2) North 45 Degrees 24 Minutes 00 Seconds West, 21.26 feet;
1140	1140	3) South 89 Degrees 43 Minutes 00 Seconds West, 276.76 feet;
1141	1141	4) North 01 Degrees 39 Minutes 27 Seconds East, 277.76 feet;
1142	1142	5) North 89 Degrees 50 Minutes 00 Seconds East, 145.00 feet;
1143	1143	6) North 10 Degrees 16 Minutes 36 Seconds West, 268.16 feet;
1144	1144	7) North 46 Degrees 42 Minutes 49 Seconds West, 141.88 feet;
1145	1145	8) South 25 Degrees 50 Minutes 00 Seconds West, 201.50 feet;
1146	1146	9) South 55 Degrees 20 Minutes 00 Seconds West, 160.00 feet;
1147	1147	10) South 66 Degrees 50 Minutes 00 Seconds West, 90.00 feet;
1148	1148	11) South 38 Degrees 51 Minutes 44 Seconds West, 100.33 feet
1149	1149	to the beginning of a curve to the right having a radius 490.24
1150	1150	feet;
1151	1151	THENCE Along the East line of E. Plymouth Road (100' Right-of-way),
1152	1152	Continuing along said Curve to the right having a central angle of
1153	1153	47 Degrees 40 Minutes 50 Seconds, a Chord bearing North 14 Degrees
1154	1154	43 Minutes 29 Seconds East and distance of 396.30;
1155	1155	THENCE with the South and East line of said Plymouth Road Street the
1156	1156	following courses:
1157	1157	The beginning of a curve to the right having a radius 349.50
1158	1158	feet having a central angle of 25 Degrees 40 Minutes 56 Seconds, a
1159	1159	Chord bearing North 29 Degrees 47 Minutes 06 Seconds East and
1160	1160	distance of 155.35;
1161	1161	The beginning of a curve to the right having a radius 159.57
1162	1162	feet having a central angle of 41 Degrees 11 Minutes 44 Seconds, a
1163	1163	Chord bearing North 51 Degrees 34 Minutes 21 Seconds East and
1164	1164	distance of 112.27;
1165	1165	THENCE with the meanders of a tract of land conveyed to Brenda K.
1166	1166	Kennedy by deed recorded in Volume 83069, Page 1999, Deed Records,
1167	1167	Dallas County, Texas the following Two Courses:
1168	1168	South 87 Degrees 03 Minutes 55 Seconds East, 829.26 feet to an
1169	1169	angle point;
1170	1170	North 01 Degrees 28 Minutes 54 Seconds East, 358.36 feet to
1171	1171	the beginning of a curve to the left having a radius 242.44 feet;
1172	1172	THENCE Along the East line of said E. Plymouth Road, Continuing
1173	1173	along said Curve to the left having a central angle of 35 Degrees 24
1174	1174	Minutes 07 Seconds, a Chord bearing North 20 Degrees 41 Minutes 40
1175	1175	Seconds East and distance of 147.43;
1176	1176	THENCE North 01 Degrees 33 Minutes 04 Seconds East, 37.95 feet;
1177	1177	THENCE with the approximate meanders of Stevens Park Golf Course
1178	1178	Block 4/4734, Dallas County, Texas the following Fifty-three
1179	1179	Courses:
1180	1180	1) North 89 Degrees 31 Minutes 44 Seconds East, 496.22 feet;
1181	1181	2) North 61 Degrees 48 Minutes 44 Seconds East, 54.47 feet;
1182	1182	3) North 88 Degrees 46 Minutes 06 Seconds East, 606.42 feet;
1183	1183	4) North No Degrees 24 Minutes 48 Seconds West, 335.41 feet;
1184	1184	5) North 88 Degrees 54 Minutes 57 Seconds East, 63.72 feet;
1185	1185	6) North 88 Degrees 59 Minutes 33 Seconds East, 646.08 feet;
1186	1186	7) North No Degrees 16 Minutes 50 Seconds West, 329.12 feet;
1187	1187	8) North 89 Degrees 39 Minutes 26 Seconds East, 1282.85
1188	1188	feet;
1189	1189	9) South No Degrees 00 Minutes 15 Seconds East, 124.57 feet;
1190	1190	10) North 89 Degrees 35 Minutes 13 Seconds East, 521.79
1191	1191	feet;
1192	1192	11) North No Degrees 38 Minutes 16 Seconds West, 275.99 feet
1193	1193	to the beginning of a curve to the left having a radius 823.79 feet,
1194	1194	a central angle of 13 Degrees 08 Minutes 21 Seconds, a Chord bearing
1195	1195	North 14 Degrees 44 Minutes 58 Seconds West and distance of 188.50
1196	1196	to the beginning of a reverse curve to the right having a radius
1197	1197	773.31;
1198	1198	12) Continuing along said curve to the right having a
1199	1199	central angle of 13 Degrees 59 Minutes 45 Seconds, a Chord bearing
1200	1200	North 16 Degrees 07 Minutes 53 Seconds West and distance of 188.43;
1201	1201	13) North 66 Degrees 33 Minutes 20 Seconds West, 443.12
1202	1202	feet;
1203	1203	14) North No Degrees 37 Minutes 50 Seconds West, 393.46
1204	1204	feet;
1205	1205	15) North No Degrees 55 Minutes 50 Seconds West, 137.42 feet
1206	1206	to the beginning of a curve to the left having a radius 169.83 feet,
1207	1207	a central angle of 28 Degrees 59 Minutes 42 Seconds, a Chord bearing
1208	1208	North 17 Degrees 15 Minutes 43 Seconds West and distance of 85.03 to
1209	1209	the beginning of a non-tangent curve to the left having a radius
1210	1210	456.38;
1211	1211	16) Continuing along said curve to the left having a central
1212	1212	angle of 15 Degrees 46 Minutes 27 Seconds, a Chord bearing North 52
1213	1213	Degrees 32 Minutes 05 Seconds East and distance of 125.25;
1214	1214	17) North 39 Degrees 47 Minutes 11 Seconds East, 234.31 feet
1215	1215	to the beginning of a curve to the left having a radius 3690.76
1216	1216	feet, a central angle of 07 Degrees 42 Minutes 18 Seconds, a Chord
1217	1217	bearing North 33 Degrees 41 Minutes 20 Seconds East and distance of
1218	1218	495.95;
1219	1219	18) North 26 Degrees 31 Minutes 47 Seconds East, 405.73 feet
1220	1220	to the beginning of a non-tangent curve to the right having a radius
1221	1221	393.78 feet, a central angle of 60 Degrees 38 Minutes 56 Seconds, a
1222	1222	Chord bearing North 68 Degrees 38 Minutes 06 Seconds East and
1223	1223	distance of 397.63 to the beginning of a non-tangent curve to the
1224	1224	left having a radius 483.75;
1225	1225	19) Continuing along said curve to the left having a central
1226	1226	angle of 23 Degrees 24 Minutes 43 Seconds, a Chord bearing South 88
1227	1227	Degrees 28 Minutes 06 Seconds East and distance of 196.30 to the
1228	1228	beginning of a non-tangent curve to the left having a radius 437.44;
1229	1229	20) Continuing along said curve to the left having a central
1230	1230	angle of 39 Degrees 53 Minutes 22 Seconds, a Chord bearing North 78
1231	1231	Degrees 54 Minutes 57 Seconds East and distance of 298.43;
1232	1232	21) North 02 Degrees 59 Minutes 05 Seconds West, 33.20 feet;
1233	1233	22) North 02 Degrees 29 Minutes 58 Seconds East, 74.80 feet
1234	1234	to the beginning of a curve to the right having a radius 719.84
1235	1235	feet, a central angle of 23 Degrees 19 Minutes 27 Seconds, a Chord
1236	1236	bearing South 89 Degrees 33 Minutes 26 Seconds West and distance of
1237	1237	291.02 to the beginning of a curve to the left having a
1238	1238	radius1083.08;
1239	1239	23) Continuing along said curve to the left having a central
1240	1240	angle of 13 Degrees 50 Minutes 07 Seconds, a Chord bearing North 79
1241	1241	Degrees 38 Minutes 36 Seconds West and distance of 260.90 to the
1242	1242	beginning of a curve to the right having a radius 2728.05;
1243	1243	24) Continuing along said curve to the right having a
1244	1244	central angle of 02 Degrees 56 Minutes 23 Seconds, a Chord bearing
1245	1245	South 88 Degrees 17 Minutes 07 Seconds West and distance of 139.95
1246	1246	to the beginning of a curve to the left having a radius 1058.70;
1247	1247	25) Continuing along said curve to the right having a
1248	1248	central angle of 22 Degrees 11 Minutes 52 Seconds, a Chord bearing
1249	1249	South 73 Degrees 40 Minutes 25 Seconds West and distance of 407.61
1250	1250	to the beginning of a curve to the right having a radius 1016.72;
1251	1251	26) Continuing along said curve to the right having a
1252	1252	central angle of 17 Degrees 58 Minutes 36 Seconds, a Chord bearing
1253	1253	South 69 Degrees 06 Minutes 41 Seconds West and distance of 317.69
1254	1254	feet;
1255	1255	27) South 85 Degrees 54 Minutes 50 Seconds West, 142.94
1256	1256	feet;
1257	1257	28) North 89 Degrees 58 Minutes 00 Seconds West, 708.79
1258	1258	feet;
1259	1259	29) South 25 Degrees 26 Minutes 24 Seconds East, 469.33
1260	1260	feet;
1261	1261	30) South 65 Degrees 09 Minutes 58 Seconds West, 162.83
1262	1262	feet;
1263	1263	31) South 06 Degrees 07 Minutes 12 Seconds East, 270.28
1264	1264	feet;
1265	1265	32) North 80 Degrees 00 Minutes 23 Seconds West, 76.20 feet
1266	1266	to the beginning of a curve to the right having a radius 98.50;
1267	1267	33) Continuing along said curve to the right having a
1268	1268	central angle of 90 Degrees 25 Minutes 33 Seconds, a Chord bearing
1269	1269	South 44 Degrees 55 Minutes 48 Seconds East and distance of 139.81
1270	1270	feet;
1271	1271	34) South 04 Degrees 26 Minutes 53 Seconds West, 89.91 feet
1272	1272	to the beginning of a curve to the left having a radius 54.42;
1273	1273	33) Continuing along said curve to the left having a central
1274	1274	angle of 111 Degrees 48 Minutes 11 Seconds, a Chord bearing South 80
1275	1275	Degrees 54 Minutes 58 Seconds West and distance of 90.13 feet to the
1276	1276	beginning of a curve to the right having a radius 1087.42;
1277	1277	34) Continuing along said curve to the left having a central
1278	1278	angle of 16 Degrees 23 Minutes 13 Seconds, a Chord bearing South 15
1279	1279	Degrees 42 Minutes 34 Seconds West and distance of 309.95 feet to
1280	1280	the beginning of a curve to the right having a radius 7590.69;
1281	1281	35) Continuing along said curve to the right having a
1282	1282	central angle of 01 Degrees 37 Minutes 54 Seconds, a Chord bearing
1283	1283	South 30 Degrees 47 Minutes 06 Seconds West and distance of 216.16
1284	1284	feet to the beginning of a curve to the right having a radius
1285	1285	3039.46;
1286	1286	36) Continuing along said curve to the right having a
1287	1287	central angle of 10 Degrees 13 Minutes 38 Seconds, a Chord bearing
1288	1288	South 46 Degrees 29 Minutes 58 Seconds West and distance of 541.83
1289	1289	feet to the beginning of a curve to the right having a radius
1290	1290	4853.43;
1291	1291	37) Continuing along said curve to the right having a
1292	1292	central angle of 04 Degrees 52 Minutes 43 Seconds, a Chord bearing
1293	1293	South 51 Degrees 16 Minutes 45 Seconds West and distance of 413.14
1294	1294	feet to the beginning of a curve to the right having a radius
1295	1295	2151.29;
1296	1296	38) Continuing along said curve to the left having a central
1297	1297	angle of 03 Degrees 46 Minutes 26 Seconds, a Chord bearing South 57
1298	1298	Degrees 04 Minutes 48 Seconds West and distance of 141.67 feet;
1299	1299	39) North 68 Degrees 00 Minutes 13 Seconds West, 72.79 feet
1300	1300	to the beginning of a curve to the left having a radius 84.50;
1301	1301	40) Continuing along said curve to the left having a central
1302	1302	angle of 99 Degrees 14 Minutes 00 Seconds, a Chord bearing North 11
1303	1303	Degrees 17 Minutes 19 Seconds East and distance of 128.73 feet;
1304	1304	41) North 34 Degrees 39 Minutes 37 Seconds West, 72.99 feet
1305	1305	to the beginning of a curve to the left having a radius 112.32;
1306	1306	40) Continuing along said curve to the left having a central
1307	1307	angle of 24 Degrees 37 Minutes 25 Seconds, a Chord bearing North 56
1308	1308	Degrees 53 Minutes 02 Seconds West and distance of 47.90 feet;
1309	1309	42) South 89 Degrees 13 Minutes 57 Seconds West, 713.06 feet
1310	1310	to the beginning of a curve to the left having a radius 60.99;
1311	1311	43) Continuing along said curve to the left having a central
1312	1312	angle of 77 Degrees 40 Minutes 54 Seconds, a Chord bearing South 39
1313	1313	Degrees 22 Minutes 26 Seconds West and distance of 76.51 feet;
1314	1314	44) North 87 Degrees 36 Minutes 44 Seconds West, 90.35 feet;
1315	1315	45) North No Degrees 34 Minutes 39 Seconds West, 390.42
1316	1316	feet;
1317	1317	46) West, 25.91 feet;
1318	1318	47) North No Degrees 14 Minutes 55 Seconds East, 553.78
1319	1319	feet;
1320	1320	48) North 89 Degrees 04 Minutes 04 Seconds West, 497.80
1321	1321	feet;
1322	1322	49) South No Degrees 51 Minutes 14 Seconds East, 544.32
1323	1323	feet;
1324	1324	50) South No Degrees 58 Minutes 56 Seconds East, 227.84
1325	1325	feet;
1326	1326	51) South No Degrees 55 Minutes 28 Seconds East, 364.47
1327	1327	feet;
1328	1328	52) South No Degrees 43 Minutes 36 Seconds East, 677.38
1329	1329	feet;
1330	1330	53) South 02 Degrees 16 Minutes 35 Seconds East, 146.30 feet
1331	1331	to the beginning of a curve to the left having a radius 486.86;
1332	1332	THENCE with the north and west line of Plymouth Road the following
1333	1333	eleven courses and distances:
1334	1334	1) Continuing along said curve to the left having a central
1335	1335	angle of 15 Degrees 55 Minutes 06 Seconds, a Chord bearing South 18
1336	1336	Degrees 17 Minutes 03 Seconds West and distance of 134.83 feet;
1337	1337	2) South 20 Degrees 04 Minutes 34 Seconds West, 150.05 feet
1338	1338	to the beginning of a curve to the right having a radius 433.59;
1339	1339	3) Continuing along said curve to the right having a central
1340	1340	angle of 76 Degrees 29 Minutes 19 Seconds, a Chord bearing South 49
1341	1341	Degrees 01 Minutes 54 Seconds West and distance of 536.80 feet;
1342	1342	4) North 89 Degrees 03 Minutes 40 Seconds West, 260.71 feet
1343	1343	to the beginning of a curve to the left having a radius 239.95;
1344	1344	5) Continuing along said curve to the left having a central
1345	1345	angle of 68 Degrees 37 Minutes 32 Seconds, a Chord bearing South 62
1346	1346	Degrees 29 Minutes 30 Seconds West and distance of 270.52 feet;
1347	1347	6) South 31 Degrees 55 Minutes 20 Seconds West, 224.13 feet
1348	1348	to the beginning of a curve to the left, having a radius of 776.66;
1349	1349	7) Continuing along said curve to the left, having a delta
1350	1350	angle of 27 Degrees 22 Minutes 33 Seconds, a Chord bearing South 16
1351	1351	Degrees 11 Minutes 34 Seconds West and a distance of 367.57 feet;
1352	1352	8) South 10 Degrees 00 Minutes 58 Seconds East, 50.49 feet;
1353	1353	9) South 02 Degrees 26 Minutes 38 Seconds West, 401.40 feet
1354	1354	to the intersection of the west line of Plymouth Road and the north
1355	1355	line of Davis Street;
1356	1356	THENCE South 89 Degrees 47 Minutes 40 Seconds West, a distance of
1357	1357	3498.61 feet to the intersection of the north line of Davis Street
1358	1358	and the east line of Westmoreland Road;
1359	1359	THENCE in a northerly direction along the east line of Westmoreland
1360	1360	Road, the following courses and distances;
1361	1361	North 00 Degrees 50 Minutes 38 Seconds West, a distance of
1362	1362	1495.20 feet;
1363	1363	North 00 Degrees 53 Minutes 40 Seconds West, a distance of
1364	1364	537.47 feet;
1365	1365	THENCE departing the east line of Westmoreland Road, South 88
1366	1366	Degrees 31 Minutes 29 Seconds West, a distance of 92.29 feet, to a
1367	1367	point in the west line of Westmoreland Road;
1368	1368	THENCE with the meanders of the tracts of land described in the
1369	1369	following deeds: SLF III/INCAP L.P. recorded in Instrument Number
1370	1370	20080313895 and 20080313879, Adbitrain Realty, LLC recorded in
1371	1371	Instrument Number 20030311829, Fred C. Nagle, Jr. recorded in
1372	1372	Volume 89217, Page 4038, Connie M. Nagle recorded in Volume 92212,
1373	1373	Page 0233 and Richard A. Patten, Joseph McElroy, III, Mike Marshall
1374	1374	and Janus Assoc. LTD. Recorded in Volume 2002070, Page 8927, Deed
1375	1375	Records, Dallas County, Texas, the following Fifty-seven courses
1376	1376	and distances:
1377	1377	1) North 00 Degrees 25 Minutes 22 Seconds West, a distance
1378	1378	of 1008.88 feet to the beginning of a curve to the right, having a
1379	1379	radius of 623.69 and a delta angle of 26 Degrees 56 Minutes 51
1380	1380	Seconds;
1381	1381	2) Continuing along said curve to the right a distance of
1382	1382	293.33 feet, Chord bears North 12 Degrees 32 Minutes 44 Seconds
1383	1383	East, a distance of 290.64 feet;
1384	1384	3) North 00 Degrees 39 Minutes 45 Seconds West, a distance
1385	1385	of 36.81 feet to the beginning of a curve to the right, having a
1386	1386	radius of 306.48 feet and a delta angle of 38 Degrees 34 Minutes 26
1387	1387	Seconds;
1388	1388	4) Continuing along said curve to the right for a distance
1389	1389	of 206.33 feet, Chord bears North 39 Degrees 31 Minutes 39 Seconds
1390	1390	East, a distance of 202.46 feet;
1391	1391	5) North 58 Degrees 48 Minutes 23 Seconds East, a distance
1392	1392	of 44.70 feet;
1393	1393	6) North 43 Degrees 22 Minutes 34 Seconds East, a distance
1394	1394	of 49.00 feet;
1395	1395	7) North 43 Degrees 22 Minutes 34 Seconds East, a distance
1396	1396	of 28.30 feet;
1397	1397	8) North 00 Degrees 58 Minutes 46 Seconds West, a distance
1398	1398	of 30.42 feet;
1399	1399	9) South 89 Degrees 23 Minutes 16 Seconds West, a distance
1400	1400	of 226.39 feet
1401	1401	10) North 03 Degrees 27 Minutes 44 Seconds West, a distance
1402	1402	of 179.42 feet;
1403	1403	11) South 87 Degrees 34 Minutes 00 Seconds East, a distance
1404	1404	of 98.56 feet;
1405	1405	12) North 02 Degrees 51 Minutes 31 Seconds East, a distance
1406	1406	of 122.25 feet;
1407	1407	13) North 89 Degrees 36 Minutes 33 Seconds East, a distance
1408	1408	of 93.41 feet;
1409	1409	14) North 02 Degrees 00 Minutes 04 Seconds East, a distance
1410	1410	of 120.55 feet;
1411	1411	15) North 89 Degrees 56 Minutes 26 Seconds East, a distance
1412	1412	of 136.90 feet;
1413	1413	16) North 17 Degrees 30 Minutes 57 Seconds East, a distance
1414	1414	of 103.63 feet;
1415	1415	17) North 89 Degrees 27 Minutes 29 Seconds East, a distance
1416	1416	of 357.56 feet;
1417	1417	18) North 00 Degrees 19 Minutes 16 Seconds East, a distance
1418	1418	of 166.00 feet;
1419	1419	19) South 89 Degrees 52 Minutes 44 Seconds East, a distance
1420	1420	of 266.51 feet;
1421	1421	20) South 00 Degrees 38 Minutes 56 Seconds West, a distance
1422	1422	of 116.08 feet;
1423	1423	21) South 89 Degrees 51 Minutes 31 Seconds East, a distance
1424	1424	of 96.31 feet;
1425	1425	22) North 02 Degrees 27 Minutes 58 Seconds East, a distance
1426	1426	of 116.21 feet;
1427	1427	23) North 02 Degrees 41 Minutes 15 Seconds East, a distance
1428	1428	of 666.54 feet;
1429	1429	24) North 02 Degrees 20 Minutes 59 Seconds East, a distance
1430	1430	of 146.95 feet;
1431	1431	25) South 89 Degrees 46 Minutes 01 Seconds West, a distance
1432	1432	of 399.19 feet;
1433	1433	26) South 88 Degrees 59 Minutes 27 Seconds West, a distance
1434	1434	of 258.93 feet;
1435	1435	27) North 00 Degrees 10 Minutes 44 Seconds West, a distance
1436	1436	of 335.96 feet;
1437	1437	28) South 88 Degrees 56 Minutes 08 Seconds West, a distance
1438	1438	of 331.24 feet;
1439	1439	29) North 00 Degrees 52 Minutes 18 Seconds West, a distance
1440	1440	of 363.82 feet;
1441	1441	30) North 89 Degrees 11 Minutes 22 Seconds East, a distance
1442	1442	of 562.19 feet;
1443	1443	31) North 00 Degrees 23 Minutes 34 Seconds West, a distance
1444	1444	of 56.18 feet;
1445	1445	32) South 89 Degrees 08 Minutes 52 Seconds West, a distance
1446	1446	of 10.46 feet;
1447	1447	33) North 00 Degrees 37 Minutes 02 Seconds West, a distance
1448	1448	of 475.19 feet;
1449	1449	34) North 68 Degrees 20 Minutes 23 Seconds West, a distance
1450	1450	of 353.92 feet;
1451	1451	35) South 89 Degrees 56 Minutes 26 Seconds West, a distance
1452	1452	of 962.75 feet;
1453	1453	36) North 88 Degrees 58 Minutes 00 Seconds West, a distance
1454	1454	of 845.36 feet;
1455	1455	37) South 27 Degrees 00 Minutes 04 Seconds West, a distance
1456	1456	of 138.66 feet;
1457	1457	38) South 62 Degrees 59 Minutes 56 Seconds East, a distance
1458	1458	of 27.50 feet;
1459	1459	39) South 27 Degrees 00 Minutes 04 Seconds West, a distance
1460	1460	of 282.40 feet to the beginning of a curve to the right, having a
1461	1461	radius of 2028.17 feet and a delta angle of 07 Degrees 05 Minutes 26
1462	1462	Seconds;
1463	1463	40) Continuing along said curve to the right, a distance of
1464	1464	250.99 feet, Chord bears South 30 Degrees 36 Minutes 04 Seconds
1465	1465	West, a distance of 250.83 feet to the beginning of a curve to the
1466	1466	right, having a radius of 1042.38 feet and a delta angle of 13
1467	1467	Degrees 20 Minutes 33 Seconds;
1468	1468	41) Continuing along said curve to the right, a distance of
1469	1469	242.74 feet, Chord bears South 40 Degrees 52 Minutes 21 Seconds
1470	1470	West, a distance of 242.19 feet;
1471	1471	42) South 01 Degrees 02 Minutes 21 Seconds East, a distance
1472	1472	of 285.07 feet;
1473	1473	43) South 00 Degrees 53 Minutes 34 Seconds East, a distance
1474	1474	of 250.77 feet;
1475	1475	44) South 45 Degrees 02 Minutes 22 Seconds East, a distance
1476	1476	of 1323.99 feet;
1477	1477	45) South 00 Degrees 09 Minutes 40 Seconds East, a distance
1478	1478	of 924.15 feet;
1479	1479	46) South 88 Degrees 46 Minutes 00 Seconds West, a distance
1480	1480	of 70.05 feet to the beginning of a curve to the left, having a
1481	1481	radius of 918.00 feet and a delta angle of 30 Degrees 53 Minutes 54
1482	1482	Seconds;
1483	1483	47) Continuing along said curve to the left, a distance of
1484	1484	495.06 feet, Chord bears South 32 Degrees 00 Minutes 41 Seconds
1485	1485	East, a distance of 489.08 feet;
1486	1486	48) South 49 Degrees 19 Minutes 45 Seconds East, a distance
1487	1487	of 131.71 feet;
1488	1488	49) South 49 Degrees 19 Minutes 45 Seconds East, a distance
1489	1489	of 113.68 feet;
1490	1490	50) South 47 Degrees 27 Minutes 39 Seconds East, a distance
1491	1491	of 877.46 feet to the beginning of a curve to the right, having a
1492	1492	radius of 524.17 feet and a delta angle of 69 Degrees 51 Minutes 51
1493	1493	Seconds;
1494	1494	51) Continuing along said curve to the right, a distance of
1495	1495	639.16 feet, Chord bears South 14 Degrees 13 Minutes 44 Seconds
1496	1496	East, a distance of 600.29 feet, to the beginning of a curve to the
1497	1497	left, having a radius of 368.00 feet and a delta angle of 58 Degrees
1498	1498	57 Minutes 10 Seconds;
1499	1499	52) Continuing along said curve to the left, a distance of
1500	1500	378.64 feet, Chord bears South 07 Degrees 51 Minutes 31 Seconds
1501	1501	East, a distance of 362.16 feet;
1502	1502	53) South 88 Degrees 43 Minutes 04 Seconds East, a distance
1503	1503	of 12.69 feet;
1504	1504	54) North 40 Degrees 38 Minutes 54 Seconds East, a distance
1505	1505	of 19.87 feet;
1506	1506	55) North 00 Degrees 27 Minutes 31 Seconds West, a distance
1507	1507	of 581.42 feet;
1508	1508	56) North 89 Degrees 46 Minutes 56 Seconds East, a distance
1509	1509	of 185.67 feet;
1510	1510	57) North 89 Degrees 46 Minutes 56 Seconds West, a distance
1511	1511	of 226.22 feet to the west line of Westmoreland Road;
1512	1512	THENCE South 03 Degrees 41 Minutes 12 Seconds East, a distance of
1513	1513	84.08 feet;
1514	1514	THENCE South 00 Degrees 33 Minutes 20 Seconds East, a distance of
1515	1515	100.00 feet, along the west line of Westmoreland Road, to the
1516	1516	intersection of the west line of Westmoreland Road and the north
1517	1517	line of Fort Worth Avenue;
1518	1518	THENCE along the west line of Westmoreland Road, the following five
1519	1519	courses and distances:
1520	1520	1) South 00Degrees 33 Minutes 20 Seconds East, a distance of
1521	1521	155.36 feet;
1522	1522	2) South 04 Degrees 59 Minutes 09 Seconds East, a distance
1523	1523	of 116.15 feet;
1524	1524	3) South 00 Degrees 21 Minutes 55 Seconds East, a distance
1525	1525	of 82.98 feet;
1526	1526	4) South 00 Degrees 43 Minutes 59 Seconds East, a distance
1527	1527	of 937.30 feet;
1528	1528	5) South 02 Degrees 32 Minutes 41 Seconds East, a distance
1529	1529	of 184.19 feet, to the south line of Davis Street;
1530	1530	THENCE along the south line of Davis Street, the following eleven
1531	1531	courses and distance:
1532	1532	1) North 89 Degrees 44 Minutes 01 Seconds East, a distance
1533	1533	of 2451.54 feet;
1534	1534	2) North 89 Degrees 46 Minutes 12 Seconds East, a distance
1535	1535	of 1378.47 feet;
1536	1536	3) North 89 Degrees 00 Minutes 53 Seconds East, a distance
1537	1537	of 349.69 feet;
1538	1538	4) North 84 Degrees 34 Minutes 31 Seconds East, a distance
1539	1539	of 143.53 feet;
1540	1540	5) North 88 Degrees 55 Minutes 26 Seconds East, a distance
1541	1541	of 688.40 feet;
1542	1542	6) South 89 Degrees 27 Minutes 07 Seconds East, a distance
1543	1543	of 316.15 feet;
1544	1544	7) North 88 Degrees 25 Minutes 46 Seconds East, a distance
1545	1545	of 1262.57 feet;
1546	1546	8) North 88 Degrees 27 Minutes 23 Seconds East, a distance
1547	1547	of 399.02 feet;
1548	1548	9) North 88 Degrees 51 Minutes 18 Seconds East, a distance
1549	1549	of 53.61 feet;
1550	1550	10) South 88 Degrees 46 Minutes 53 Seconds East, a distance
1551	1551	of 138.62 feet;
1552	1552	11) South 65 Degrees 26 Minutes 30 Seconds East, a distance
1553	1553	of 11.71 feet;
1554	1554	THENCE with the meanders of the tract of land conveyed to Cliffwood
1555	1555	Development LLC recorded in Instrument Number 20070042742 of the
1556	1556	Deed Records of Dallas County, Texas, the following seven courses
1557	1557	and distances:
1558	1558	1) South 00 Degrees 35 Minutes 08 Seconds East, a distance
1559	1559	of 249.44 feet;
1560	1560	2) South 87 Degrees 54 Minutes 17 Seconds East, a distance
1561	1561	of 174.21 feet;
1562	1562	3) North 41 Degrees 57 Minutes 58 Seconds East, a distance
1563	1563	of 27.63 feet;
1564	1564	4) North 89 Degrees 10 Minutes 58 Seconds East, a distance
1565	1565	of 486.63 feet;
1566	1566	5) South 00 Degrees 40 Minutes 58 Seconds West, a distance
1567	1567	of 35.49 feet;
1568	1568	6) North 89 Degrees 50 Minutes 58 Seconds East, a distance
1569	1569	of 227.76 feet;
1570	1570	7) North 00 Degrees 09 Minutes 02 Seconds West, a distance
1571	1571	of 250.00 feet;
1572	1572	THENCE North 72 Degrees 12 Minutes 17 Seconds East, a distance of
1573	1573	130.39 feet, to the south line of Davis Street;
1574	1574	THENCE along the south line of Davis Street, the following six
1575	1575	courses and distances:
1576	1576	1) North 89 Degrees 29 Minutes 55 Seconds East, a distance
1577	1577	of 2221.81 feet;
1578	1578	2) North 88 Degrees 44 Minutes 16 Seconds East, a distance
1579	1579	of 800.75 feet;
1580	1580	3) North 89 Degrees 23 Minutes 13 Seconds East, a distance
1581	1581	of 1891.87 feet;
1582	1582	4) North 88 Degrees 59 Minutes 05 Seconds East, a distance
1583	1583	of 959.05 feet;
1584	1584	5) South 89 Degrees 45 Minutes 19 Seconds East, a distance
1585	1585	of 1108.73 feet;
1586	1586	6) North 89 Degrees 54 Minutes 57 Seconds East, a distance
1587	1587	of 267.08 feet, to the POINT OF BEGINNING and containing 455.938
1588	1588	acres of land, more or less.
1589	1589	(b) The following separately described land is also
1590	1590	included as a part of and within the district:
1591	1591	A 1.781 acre tract of land situated in the Thackery Griffin
1592	1592	Survey Abstract No. 511, and being part of the City of Dallas Block
1593	1593	Numbers 7217 in the City of Dallas, Dallas County, Texas and being
1594	1594	all of Tract 2 of Exhibit "A-5" Described in a deed to SLF III/
1595	1595	INCAP, LP, recorded in Instrument Number 20080313895, Deed Records
1596	1596	of Dallas County, Texas and being more particularly described by
1597	1597	metes and bounds as follows:
1598	1598	BEGINNING at a point in the South right-of way (Variable width) line
1599	1599	of Interstate Highway No.30 and the Northwest corner of said INCAP
1600	1600	tract;
1601	1601	THENCE with the meanders of the said INCAP tract of land, the
1602	1602	following Seven courses and distances:
1603	1603	58) South 88 Degrees 56 Minutes 33 Seconds East, a distance
1604	1604	of 316.21 feet;
1605	1605	59) South 26 Degrees 54 Minutes 38 Seconds West, a distance
1606	1606	of 47.15 feet;
1607	1607	60) North 63 Degrees 05 Minutes 22 Seconds West, a distance
1608	1608	of 27.51 feet;
1609	1609	61) South 26 Degrees 54 Minutes 38 Seconds West, a distance
1610	1610	of 282.40 feet to the beginning of a curve to the right, having a
1611	1611	radius of 1817.36 feet and a delta angle of 06 Degrees 50 Minutes 42
1612	1612	Seconds;
1613	1613	62) Continuing along said curve to the right, a distance of
1614	1614	217.12 feet, Chord bears North 30 Degrees 19 Minutes 59 Seconds
1615	1615	East, a distance of 216.99 feet;
1616	1616	63) South 35 Degrees 29 Minutes 25 Seconds West, a distance
1617	1617	of 41.56 feet;
1618	1618	North 00 Degrees 59 Minutes 13 Seconds West, a distance of
1619	1619	508.45 feet, to the POINT OF BEGINNING and containing 1.781 acres of
1620	1620	land, more or less.
1621	1621	SECTION 3. The legislature finds that:
1622	1622	(1) proper and legal notice of the intention to
1623	1623	introduce this Act, setting forth the general substance of this
1624	1624	Act, has been published as provided by law, and the notice and a
1625	1625	copy of this Act have been furnished to all persons, agencies,
1626	1626	officials, or entities to which they are required to be furnished by
1627	1627	the constitution and laws of this state, including the governor,
1628	1628	who has submitted the notice and Act to the Texas Commission on
1629	1629	Environmental Quality;
1630	1630	(2) the Texas Commission on Environmental Quality has
1631	1631	filed its recommendations relating to this Act with the governor,
1632	1632	lieutenant governor, and speaker of the house of representatives
1633	1633	within the required time;
1634	1634	(3) the general law relating to consent by political
1635	1635	subdivisions to the creation of districts with conservation,
1636	1636	reclamation, and road powers and the inclusion of land in those
1637	1637	districts has been complied with; and
1638	1638	(4) all requirements of the constitution and laws of
1639	1639	this state and the rules and procedures of the legislature with
1640	1640	respect to the notice, introduction, and passage of this Act have
1641	1641	been fulfilled and accomplished.
1642	1642	SECTION 4. This Act takes effect immediately if it receives
1643	1643	a vote of two-thirds of all the members elected to each house, as
1644	1644	provided by Section 39, Article III, Texas Constitution. If this
1645	1645	Act does not receive the vote necessary for immediate effect, this
1646	1646	Act takes effect September 1, 2009.
1647	1647	* * * * *