By: Harris S.B. No. 2466
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Cypress Waters Municipal Management
District; providing the authority to impose an assessment, impose a
tax, and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3874 to read as follows:
CHAPTER 3874. CYPRESS WATERS MUNICIPAL MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3874.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Dallas.
(3) "District" means the Cypress Waters Municipal
Management District.
(4) "Improvement project" means a project authorized
by Section 3874.102:
(A) inside the boundaries of the district; and
(B) in areas outside but adjacent to the
boundaries of the district if the project is for the purpose of
extending public infrastructure improvements beyond the district's
boundaries to a logical terminus.
Sec. 3874.002. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Section 59, Article
XVI, Texas Constitution.
Sec. 3874.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) The district is created to supplement and not to
supplant city services provided in the district.
Sec. 3874.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment;
(3) developing or expanding transportation and
commerce; and
(4) providing quality residential housing.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a residential community and business
center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, vehicle parking, and street art objects are parts of
and necessary components of a street and are considered to be an
improvement project that includes a street or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3874.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act enacting
this chapter, as that territory may have been modified under:
(1) Section 3874.106; or
(2) other law.
(b) A mistake in the field notes of the district contained
in Section 2 of the Act enacting this chapter or in copying the
field notes in the legislative process does not in any way affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to contract, including the
right to issue any type of bond or other obligation for a purpose
for which the district is created;
(3) the district's right to impose or collect an
assessment, tax, or any other revenue; or
(4) the legality or operation of the board.
Sec. 3874.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created by the
city under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by the
city under Chapter 312, Tax Code; or
(3) an enterprise zone created by the city under
Chapter 2303, Government Code.
(b) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city and the board of directors of
the zone, by contract with the district, may grant money deposited
in the tax increment fund to the district to be used by the district
for the purposes permitted for money granted to a corporation under
Section 380.002(b), Local Government Code, including the right to
pledge the money as security for any bonds issued by the district
for an improvement project. A project may not receive public funds
under Section 380.002(b), Local Government Code, unless the project
has been approved by the governing body of the city by the adoption
of a resolution.
(c) A tax increment reinvestment zone created by the city in
the district is not subject to the limitations provided by Section
311.006(b), Tax Code.
[Sections 3874.007-3874.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3874.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of nine directors composed of:
(1) six directors appointed by the governing body of
the city;
(2) one assistant city manager of the city, appointed
by the city manager;
(3) the chief financial officer of the city; and
(4) the economic director of the city.
(b) Directors serve staggered terms of four years, with four
or five directors' terms expiring July 1 of each odd-numbered year.
Sec. 3874.052. APPOINTMENT OF DIRECTORS: BOARD MEETINGS.
(a) Directors appointed by the governing body of the city must
meet at least one of the qualifications prescribed by Section
3874.053.
(b) A person may not be appointed to the board by the
governing body of the city if the appointment of that person would
result in fewer than three of the directors being residents of the
city and meeting the qualifications prescribed by Section
3874.053(a)(2), (3), (4), (5), or (6).
(c) The governing body of the city may remove a member of the
board with or without cause at any time by a majority vote.
(d) The board shall hold meetings at a place accessible to
the public. The board shall file a copy of the notice of a meeting
with the city's secretary. The city's secretary shall post the
notice at Dallas City Hall.
(e) The board may not create an executive committee to
exercise the powers of the board.
(f) If an office described in Section 3874.051(a) is
renamed, changed, or abolished, the governing body of the city may
appoint another city officer or employee who performs duties
comparable to those performed by the officer described by that
subsection.
Sec. 3874.053. QUALIFICATIONS OF DIRECTORS APPOINTED BY
CITY. (a) To be qualified to serve as a director appointed by the
governing body of the city, a person must be at least 18 years old
and must be:
(1) a resident of the district who is also a registered
voter of the district;
(2) an owner of property in the district;
(3) an owner of stock or a partnership or membership
interest, whether beneficial or otherwise, of a corporate
partnership, limited liability company, or other entity owner of a
direct or indirect interest in property in the district;
(4) an owner of a beneficial interest in a trust, or a
trustee in a trust, that directly or indirectly owns property in the
district;
(5) an agent, employee, or tenant of a person covered
by Subdivision (2), (3), or (4); or
(6) an initial director.
(b) Section 49.052, Water Code, does not apply to the
district.
Sec. 3874.054. VACANCY. The governing body of the city
shall fill a vacancy on the board by appointing a person who meets
the qualifications prescribed by Section 3874.051(a) or 3874.053 to
serve for the remainder of the unexpired term.
Sec. 3874.055. DIRECTOR'S OATH OR AFFIRMATION. A
director's oath or affirmation of office shall be filed with the
district and the district shall retain the oath or affirmation in
the district records. A copy of each director's oath or affirmation
of office shall be filed with the city's secretary.
Sec. 3874.056. OFFICERS. The board shall elect from among
the directors a chair, a vice chair, and a secretary. The offices
of chair and secretary may not be held by the same person
concurrently.
Sec. 3874.057. COMPENSATION; EXPENSES; LIABILITY INSURANCE
FOR DIRECTORS. (a) The district may compensate each director in
an amount not to exceed $50 for each board meeting. The total
amount of compensation for each director in one year may not exceed
$2,000.
(b) Directors are entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of the board.
(c) The district may obtain and pay for comprehensive
general liability insurance coverage from a commercial insurance
company or other source that protects and insures a director
against personal liability and from any and all claims relating to:
(1) actions taken by the director in the director's
capacity as a member of the board;
(2) actions and activities taken by the district; or
(3) the actions of others acting on behalf of the
district.
Sec. 3874.058. CONFLICTS OF INTEREST. (a) A director,
including a director who qualifies under Section 3874.053(a)(2),
(3), (4), or (5), may participate in all board votes and decisions
if the director complies with the requirements of Subsection (b).
(b) A director shall comply with Section 171.004, Local
Government Code, including the disclosure and abstention
requirements of that section. A director must file a copy of the
director's disclosure affidavit required by Section 171.004, Local
Government Code, with the city's secretary before participating in
a board discussion or vote.
Sec. 3874.059. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
(1) Place 1 Lucy Billingsley;
(2) Place 2 Mario Canizares;
(3) Place 3 Sid Grant;
(4) Place 4 Joel Overton, Jr.;
(5) Place 5 Henry Billingsley;
(6) Place 6 Lucilo Pena;
(7) Place 7 City of Dallas Assistant City Manager
A. C. Gonzalez;
(8) Place 8 City of Dallas Chief Financial Officer
David Cook; and
(9) Place 9 City of Dallas Office of Economic
Development Director Karl Zavitkovsky.
(b) The terms of the initial directors expire on the 180th
day after the date on which the Act enacting this chapter takes
effect.
(c) The terms of the directors appointed to succeed the
initial directors appointed for places 1, 2, 3, and 4 expire July 1,
2011, and the terms of the directors appointed to succeed the
initial directors appointed for places 5, 6, 7, 8, and 9 expire July
1, 2013.
(d) This section expires December 31, 2009.
[Sections 3874.060-3874.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3874.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties provided by this chapter and by:
(1) the general laws relating to conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code, except that
the district's bonds and other securities are not subject to the
jurisdiction or supervision of the Texas Commission on
Environmental Quality under Chapter 49, Water Code, or other law;
(2) the general laws relating to road districts and
road utility districts created under Section 52(b), Article III,
Texas Constitution, including Chapter 441, Transportation Code,
except that the district may exercise any power granted by this
chapter without regard to any provision or requirement of or
procedure prescribed by Chapter 441, Transportation Code;
(3) Subchapter A, Chapter 372, Local Government Code,
in the same manner as a municipality or a county;
(4) Chapter 1371, Government Code;
(5) Chapter 375, Local Government Code; and
(6) Chapter 311, Tax Code.
Sec. 3874.102. IMPROVEMENT PROJECTS. (a) The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, the following types of improvement
projects located in the district or activities in support of or
incidental to those projects:
(1) a supply and distribution facility or system to
provide potable and nonpotable water to the residents and
businesses of the district, including a wastewater collection
facility;
(2) a paved, macadamized, or graveled road, street, or
turnpike, inside and outside the district, to the full extent
authorized by Section 52, Article III, Texas Constitution;
(3) the planning, design, construction, improvement,
and maintenance of:
(A) landscaping;
(B) highway right-of-way or transit corridor
beautification and improvement;
(C) lighting, banners, and signs;
(D) a street or sidewalk;
(E) a hiking and cycling path or trail;
(F) a pedestrian walkway, skywalk, crosswalk, or
tunnel;
(G) a park, lake, garden, recreational facility,
community activities center, dock, wharf, sports facility, open
space, scenic area, or related exhibit or preserve;
(H) a fountain, plaza, or pedestrian mall; or
(I) a drainage or storm-water detention
improvement;
(4) protection and improvement of the quality of storm
water that flows through the district;
(5) the planning, design, construction, improvement,
maintenance, and operation of:
(A) a water or sewer facility; or
(B) an off-street parking facility or heliport;
(6) the planning and acquisition of:
(A) public art and sculpture and related exhibits
and facilities; or
(B) an educational facility, and a cultural
exhibit or facility;
(7) the planning, design, construction, acquisition,
lease, rental, improvement, maintenance, installation, and
management of and provision of furnishings for a facility for:
(A) a conference, convention, or exhibition;
(B) a manufacturer, consumer, or trade show;
(C) a civic, community, or institutional event;
or
(D) an exhibit, display, attraction, special
event, or seasonal or cultural celebration or holiday;
(8) the removal, razing, demolition, or clearing of
land or improvements in connection with improvement projects;
(9) the acquisition and improvement of land or other
property for the mitigation of the environmental effects of an
improvement project if those costs are incurred in accordance with
a development agreement and reimbursement of those costs is
conditioned on the completion of substantial vertical development,
or the costs are related to a transit or mobility project;
(10) the acquisition of property or an interest in
property in connection with one or more authorized improvement
projects, including a project authorized by Subchapter A, Chapter
372, Local Government Code;
(11) a special or supplemental service for the
improvement and promotion of the district or an area adjacent to the
district or for the protection of public health and safety in or
adjacent to the district, including:
(A) advertising;
(B) promotion;
(C) tourism;
(D) health and sanitation;
(E) public safety;
(F) security;
(G) fire protection or emergency medical
services;
(H) business recruitment;
(I) elimination of traffic congestion, including
by use of rail services; and
(J) recreational, educational, or cultural
improvements, enhancements, and services; or
(12) any similar public improvement, facility, or
service.
(b) The district may not undertake an improvement project
under this section unless the board determines the project to be
necessary to accomplish a public purpose of the district and has
received the approval of the city under Section 3874.160.
(c) An improvement project must comply with any applicable
codes and ordinances of the city.
(d) The district may not provide, conduct, or authorize an
improvement project on the city streets, highways, rights-of-way,
or easements without the consent of the governing body of the city.
(e) Subject to an agreement between the district and the
city, the city may:
(1) by ordinance, order, or resolution require that
title to all or any portion of an improvement project vest in the
city; or
(2) unless prohibited by Subsection (h), by ordinance,
order, resolution, or other directive, authorize the district to
own, encumber, maintain, and operate an improvement project,
subject to the right of the city to order a conveyance of the
improvement project to the city on a date determined by the city.
(f) The district shall immediately comply with any city
ordinance, order, or resolution adopted under Subsection (e).
(g) For the purposes of this section, planning, design,
construction, improvement, and maintenance of a lake includes work
done for drainage, reclamation, or recreation.
(h) Waterworks and sanitary sewer improvements may be
undertaken by the district inside or outside the boundaries of the
district, subject to the following conditions:
(1) the city shall request that waterworks or sanitary
sewer improvements be funded by the district;
(2) the city shall construct, own, operate, and
maintain the improvements; and
(3) the district shall comply with Sections 3874.152,
3874.157, and 3874.160 as a condition for the district to fund the
improvements.
Sec. 3874.103. GENERAL POWERS REGARDING CONTRACTS.
(a) The district may:
(1) contract with any person to accomplish any
district purpose, including a contract for:
(A) the payment, repayment, or reimbursement of
costs incurred by that person on behalf of the district, including
all or part of the costs of any improvement project and interest on
the reimbursed cost; or
(B) the use, occupancy, lease, rental,
operation, maintenance, or management of all or part of a proposed
or existing improvement project; and
(2) apply for and contract with any person to receive,
administer, and perform a duty or obligation of the district under a
federal, state, local, or private gift, grant, loan, conveyance,
transfer, bequest, or other financial assistance arrangement
relating to the investigation, planning, analysis, study, design,
acquisition, construction, improvement, completion,
implementation, or operation by the district or others of a
proposed or existing improvement project.
(b) A contract the district enters into to carry out a
purpose of this chapter may be on any terms and for any period the
board determines, including a negotiable or nonnegotiable note or
warrant payable to the city, Dallas County, or any other person.
(c) Any person may contract with the district to carry out
the purposes of this chapter without further statutory or other
authorization.
Sec. 3874.104. RULES; ENFORCEMENT. (a) The district may
adopt rules:
(1) to administer or operate the district;
(2) for the use, enjoyment, availability, protection,
security, and maintenance of the district's property and
facilities; or
(3) to provide for public safety and security in the
district.
(b) The district may enforce its rules by injunctive relief.
(c) To the extent a district rule conflicts with a city
rule, order, or regulation, the city rule, order, or regulation
controls.
(d) The district shall provide the city with written notice
not later than the 30th day before the date of a meeting at which the
board will adopt rules. The district may not adopt a rule affecting
the use of a municipally owned asset, such as a public park, street,
sidewalk, transit facility, or public right-of-way, unless the
governing body of the city has approved the rule by ordinance,
order, or resolution.
Sec. 3874.105. NAME CHANGE. The board by resolution may
change the district's name. The board shall give written notice of
the change to the city.
Sec. 3874.106. ADDING OR REMOVING TERRITORY. The board may
add or remove territory under Subchapter J, Chapter 49, Water Code,
and Section 54.016, Water Code, except that:
(1) the addition or removal of the territory must be
approved by:
(A) the governing body of the city by ordinance,
order, or resolution; and
(B) the owners of the territory being added or
removed;
(2) a reference to a tax in Subchapter J, Chapter 49,
Water Code, or Section 54.016, Water Code, means an ad valorem tax;
and
(3) territory may not be removed from the district if
bonds or other obligations of the district payable wholly or partly
from ad valorem taxes or assessments levied or assessed on the
territory are outstanding.
Sec. 3874.107. ECONOMIC DEVELOPMENT. (a) The district may
create economic development and other programs under Section 52-a,
Article III, Texas Constitution, and may impose and collect ad
valorem taxes for those purposes. The district has the economic
development powers that Chapter 380, Local Government Code,
provides to a municipality with a population of more than 100,000.
Each economic development program and each project that will
receive public funds under an economic development program must be
approved by the governing body of the city by ordinance, order, or
resolution.
(b) The district shall provide the city written notice not
later than the 30th day before the date of a meeting at which the
board will adopt terms of an economic development program. The
district may not adopt an economic development program or
improvement project to be funded under an economic development
program unless the governing body of the city has approved the
program or improvement project by ordinance, order, or resolution.
Sec. 3874.108. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
Sec. 3874.109. TERMS OF EMPLOYMENT; COMPENSATION. The
board may employ and establish the terms of employment and
compensation of an executive director or general manager and any
other district employees the board considers necessary. An
employee may not receive annual compensation of more than $150,000
from public funds of the district.
Sec. 3874.110. NOTICE TO PROPERTY OWNERS. (a) The board
shall annually provide owners of real property in the district
written notice that specifies the tax of the district for the
district's next fiscal year in sufficient clarity to describe the
tax rate for the operation and maintenance of the district and the
tax rate for the payment of debt service of obligations issued or
incurred by the district. The written notice must be sent by first
class United States mail, postage prepaid, to the current address
of the property owner as reflected on the tax rolls of the appraisal
district.
(b) The notice must clearly state that the tax rates on real
property imposed in the district are in addition to the ad valorem
taxes imposed by other taxing units that tax real property in the
boundaries of the district.
(c) The district shall generate and implement a program to
provide notification to a prospective purchaser of property in the
district of the rates of tax and assessments that have been approved
and are imposed by the district.
[Sections 3874.111-3874.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3874.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
(a) Except as provided by Section 3874.160, the district may:
(1) impose an ad valorem tax on all taxable property in
the district to pay for any improvement projects of the types
authorized by Section 52(b), Article III, and Section 59, Article
XVI, Texas Constitution, and to secure the payment of bonds issued
for those purposes;
(2) impose an assessment on property in the district
to pay the cost of any authorized improvement project and the cost
of the maintenance of the project in the manner provided for:
(A) a district under Subchapters A, E, and F,
Chapter 375, Local Government Code; or
(B) a municipality or county under Subchapter A,
Chapter 372, Local Government Code;
(3) provide or secure the payment or repayment of any
bond, note, or other temporary or permanent obligation or
reimbursement or other contract with any person, the costs and
expenses of the establishment, administration, and operation of the
district, and the district's costs or share of the costs or revenue
of an improvement project or district contractual obligation or
indebtedness by or through:
(A) the imposition of an ad valorem tax,
assessment, user fee, concession fee, or rental charge; and
(B) any other revenue or resources of the
district, or other revenue authorized by the city, including
revenue from a tax increment reinvestment zone created by the city
under applicable law;
(4) establish user charges related to the operation of
storm-water facilities, including the regulation of storm water for
the protection of water quality in the district;
(5) establish user charges for the use of nonpotable
water for irrigation purposes, subject to the approval of the
governing body of the city;
(6) undertake separately or jointly with other
persons, including the city or Dallas County, all or part of the
cost of any improvement project, including an improvement project:
(A) for improving, enhancing, and supporting
public safety and security, fire protection and emergency medical
services, and law enforcement in and adjacent to the district; or
(B) that confers a general benefit on the entire
district or a special benefit on a definable part of the district;
and
(7) enter into a tax abatement agreement in accordance
with the general laws of this state authorizing and applicable to
tax abatement agreements by municipalities.
(b) The district may not impose an ad valorem tax to pay for
an improvement project under this chapter unless the imposition is
approved by the voters of the district voting at an election held
for that purpose. The board may call an election to approve the
imposition of an ad valorem tax to pay for an improvement project
under this chapter only if the board receives a petition requesting
the election signed by:
(A) more than 65 percent of the record owners of
real property in the district subject to taxation; or
(B) owners representing more than 65 percent of
the appraised value of real property in the district subject to
taxation, as determined by the tax rolls of the appraisal district.
Sec. 3874.152. BORROWING MONEY. (a) The district may
borrow money for a district purpose by issuing or executing bonds,
notes, credit agreements, or other obligations of any kind found by
the board to be necessary or appropriate for any district purpose.
The bond, note, credit agreement, or other obligation may be
secured by and payable from ad valorem taxes, assessments, a
combination of ad valorem taxes and assessments, or other district
revenue. The governing body of the city must approve the issuance
of bonds, notes, credit agreements, or other obligations of the
district, in general terms before the preparation of preliminary
official statements or loan closing documents, as provided by the
development and operating agreement approved by the city in
accordance with Section 3874.160, or by separate action.
(b) The governing body of the city must approve the final
terms of the bond issuance, note, or credit facility, including the
principal amount, note amount, interest rate or rates, redemption
provisions, and other terms and conditions relating to the
issuance.
(c) The district shall file annual audited financial
statements with the city's secretary.
Sec. 3874.153. ASSESSMENTS; EXEMPTION. (a) The district
may impose an assessment on property in the district, including an
assessment on residential or commercial property, only in the
manner provided by Subchapter A, Chapter 372, Local Government
Code, or Subchapter F, Chapter 375, Local Government Code, for a
municipality, county, or public improvement district, according to
the benefit received by the property.
(b) An assessment on property must be for the limited
purpose of providing capital funding for:
(1) public water and wastewater facilities;
(2) drainage and storm-water facilities;
(3) streets and alleys; and
(4) any authorized project under Chapter 372, Local
Government Code.
(c) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed; and
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes.
(d) A lien of an assessment against property under this
chapter runs with the land, and the portion of an assessment payment
obligation that has not yet come due is not eliminated by the
foreclosure of an ad valorem tax lien. Any purchaser of property in
a foreclosure of an ad valorem tax lien takes the property subject
to the assessment payment obligations that have not yet come due and
to the lien and terms of payment under the applicable assessment
ordinance or order.
(e) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
(f) The district shall file notice of any tax or assessment
imposed by the district with the county clerk of Dallas County and
post the notice on the district's Internet website.
Sec. 3874.154. RESIDENTIAL PROPERTY EXEMPT. Section
375.161, Local Government Code, does not apply to the district.
Sec. 3874.155. MAINTENANCE AND OPERATION TAX; ELECTION.
(a) The district may impose a tax for maintenance and operation
purposes, including for:
(1) planning, constructing, acquiring, maintaining,
repairing, and operating all improvement projects, including land,
plants, works, facilities, improvements, appliances, and equipment
of the district; and
(2) paying costs of services, engineering and legal
fees, and organization and administrative expenses, including
expenses of the city payable under the terms of the project
development agreement described by Section 3874.160.
(b) The district may not impose a maintenance and operation
tax for improvement projects under this chapter unless the
imposition of the tax is approved by the voters of the district
voting at an election held for that purpose. An election may be
called only on receipt of a petition as provided by Section
3874.151(b).
(c) A maintenance and operation tax election may be held at
the same time and in conjunction with any other district election.
The election may be called by a separate election order or as part
of any other election order.
Sec. 3874.156. USE OF SURPLUS MAINTENANCE AND OPERATION
MONEY. If the district has surplus maintenance and operation tax
money that is not needed for the purposes for which it was
collected, the money may be used for any authorized purpose.
Sec. 3874.157. BONDS AND OTHER OBLIGATIONS. (a) Subject
to the requirements of Sections 3874.159 and 3874.160, the district
may issue by public or private sale bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes, or by
assessments in the manner provided by Subchapter A, Chapter 372,
Local Government Code, or Subchapter J, Chapter 375, Local
Government Code.
(b) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
any other type of obligation.
(c) In addition to the sources of money described by
Subchapter A, Chapter 372, Local Government Code, and Subchapter J,
Chapter 375, Local Government Code, district bonds may be secured
and made payable wholly or partly by a pledge of any part of the
money the district receives from system or improvement project
revenue or from any other source.
Sec. 3874.158. BOND MATURITY. Bonds may mature not more
than 40 years from their date of issue.
Sec. 3874.159. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued:
(1) the board shall impose a continuing direct annual
ad valorem tax for each year that all or part of the bonds are
outstanding; and
(2) the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due; and
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date.
Sec. 3874.160. DEVELOPMENT AND OPERATING AGREEMENT
REQUIRED. (a) After the district's board is organized, but before
the district may undertake any improvement project, issue bonds,
impose taxes, levy assessments or fees, or borrow money, the
district and the city must negotiate and execute a mutually
approved and accepted development and operating agreement,
including any limitations imposed by the city, regarding the plans
and rules for:
(1) the exercise of the powers granted to the district
under this chapter, including the organization, development, and
operation of the district;
(2) the selection and description of improvement
projects that may be undertaken and financed by the district and the
ownership, operation, and maintenance of those projects;
(3) the terms, conditions, methods, means, and amounts
of financing authorized by this chapter that the district may use in
providing improvement projects; and
(4) the amounts, methods, and times of reimbursement
to the city for costs and expenses, if any, incurred by the city
with respect to the development and operation of the district and
the financing of improvement projects by the district.
(b) An agreement authorized by this section is not effective
until its terms and execution are approved by the board and the
governing body of the city by resolution.
[Sections 3874.161-3874.250 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3874.251. DISSOLUTION BY CITY ORDINANCE. (a) The
city by ordinance may dissolve the district.
(b) The city may not dissolve the district until the
district's outstanding indebtedness or contractual obligations
that are payable from ad valorem taxes have been repaid or
discharged, or the city has affirmatively assumed the obligation to
pay the outstanding indebtedness from the city's lawfully available
revenue.
(c) The city may not dissolve the district until the
agreement under Section 3874.160 has been executed and the
district's performance under the agreement has been fulfilled,
including any right or obligation the district has to reimburse a
developer or owner for the costs of improvement projects.
Sec. 3874.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
(a) If the dissolved district has bonds or other obligations
outstanding secured by and payable from assessments or other
revenue, other than ad valorem taxes, the city shall succeed to the
rights and obligations of the district regarding enforcement and
collection of the assessments or other revenue.
(b) The city shall have and exercise all district powers to
enforce and collect the assessments or other revenue to pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) special revenue or assessment bonds or other
obligations issued by the city to refund the outstanding bonds or
obligations.
Sec. 3874.253. CONCURRENCE ON ADDITIONAL POWERS. If the
legislature grants the district a power that is in addition to the
powers approved by the initial resolution of the governing body of
the city consenting to the creation of the district, the district
may not exercise that power unless the governing body of the city
consents to that change by resolution.
Sec. 3874.254. ASSUMPTION OF ASSETS AND LIABILITIES.
(a) After the city dissolves the district, the city assumes,
subject to the appropriation and availability of funds, the
obligations of the district, including any bonds or other
indebtedness payable from assessments or other district revenue.
(b) If the city dissolves the district, the board shall
transfer ownership of all district property to the city.
SECTION 2. The Cypress Waters Municipal Management District
shall include the land described in Subsections (a), (b), and (c) as
follows:
(a) TRACT 1:
BEING a tract of land situated in the John L. Whitman Survey,
Abstract No. 1521, the Samuel Layton Survey, Abstract No. 784, the
Nancy Cousey Survey, Abstract No. 318, the Granbury Hendricks
Survey, Abstract No. 630, the Frances Jones Survey, Abstract No.
674, the G.W. Laws Survey, Abstract No. 843, the McKinney F.
Williams Survey, Abstract No. 1054, the S.T. Brown Survey, Abstract
No. 50, and the I.&G.N.R.R. CO. Survey, Abstract No. 1624 in the
City of Dallas, Dallas County, Texas, and being a portion of those
tracts of land described in deed to Luminant Generation Company,
LLC, formerly TXU Generation Company LP, recorded in Volume
2001248, Page 11540 of the Deed Records of Dallas County, Texas,
(D.R.D.C.T.) and being more particularly described as follows:
POINT OF BEGINNING at a 5/8" iron rod with cap found in the
northerly right-of-way line of Hackberry Road (a variable width
public right-of-way), said point bears North 8941'06" East, 590.00
feet along the northerly right-of-way line of said Hackberry Road
from a corner clip at the intersection of the easterly right-of-way
line of Belt Line Road (a variable width public right-of-way);
THENCE North 0018'56" West, a distance of 1976.12 feet,
leaving the northerly right-of-way line of said Hackberry Road to a
5/8" iron rod with cap found for corner;
THENCE South 8944'36" West, a distance of 620.83 feet, to a
5/8" iron rod with cap found in the easterly right-of-way line of
Belt Line Road;
THENCE along the easterly right-of-way line of said Belt Line
Road, the following courses and distances to wit:
--North 0030'48" West, a distance of 1294.82 feet to a 5/8"
iron rod with cap found for corner;
--North 0511'50" East, a distance of 402.00 feet to a 5/8"
iron rod with cap found for corner;
--North 0030'48" West, a distance of 96.02 feet to a 5/8"
iron rod with cap found for corner;
--North 0030'45" West, a distance of 303.98 feet to a point
for corner;
--North 0511'50" East, a distance of 100.50 feet to a point
for corner;
--North 0030'48" West, a distance of 200.00 feet to a point
for corner;
--North 0801'03" East, a distance of 202.23 feet to a point
for corner;
--North 0030'48" West, a distance of 34.77 feet to a point
for beginning of a curve to the left;
THENCE leaving the easterly right-of-way line of said Belt
Line Road, the following courses and distances to wit:
--Easterly, with said curve to the left, through a central
angle of 2917'33", having a radius of 800.00 feet, and a chord
bearing and distance of North 7220'38" East, 404.56 feet, an arc
length of 409.00 feet to a point for corner;
--North 5741'51" East, a distance of 391.61 feet to a point
for the beginning of a curve to the right;
--Easterly, with said curve to the right, through a central
angle of 3749'32", having a radius of 400.00 feet, and a chord
bearing and distance of North 7636'37" East, 259.30 feet, an arc
length of 264.07 feet to a point for the beginning of a curve to the
left;
--Easterly, with said curve to the left, through a central
angle of 4738'09", having a radius of 1392.55 feet, and a chord
bearing and distance of North 6538'40" East, 1124.71 feet, an arc
length of 1157.76 feet to a point for corner;
--North 4153'27" East, a distance of 203.89 feet to a point
for the beginning of a curve to the right;
--Easterly, with said curve to the right, through a central
angle of 1123'28", having a radius of 668.73 feet, and a chord
bearing and distance of North 5513'43" East, 132.73 feet, an arc
length of 132.95 feet to the beginning of a curve to the right;
--Easterly with said curve to the right, through a central
angle of 4734'24", having a radius of 652.00 feet, and a chord
bearing and distance of South 8952'05" East, 525.94 feet, an arc
length of 541.36 feet to the beginning of a curve to the left;
--Eastlery, with said curve to the left, through a central
angle of 7420'01", having a radius of 209.47 feet, and a chord
bearing and distance of North 8312'19" East, 253.10 feet, an arc
length of 271.76 feet to a point for corner;
--North 6557'43" East, a distance of 180.40 feet to a point
for the beginning of a curve to the right;
--Easterly, with said curve to the right, through a central
angle of 9801'46", having a radius of 150.00 feet, and a chord
bearing and distance of South 6501'24" East, 226.46 feet, an arc
length of 256.64 feet to a point for corner;
--South 1600'31" East, a distance of 320.31 feet to a point
for the beginning of a curve to the right;
--Southerly, with said curve to the right, through a central
angle of 5330'19", having a radius of 400.00 feet, and a chord
bearing and distance of South 1044'39" West, 360.11 feet, an arc
length of 373.54 feet to a point for corner;
--South 3729'48" West, a distance of 128.31 feet to a point
for the beginning of a curve to the left;
--Southerly, with said curve to the left, through a central
angle of 2535'51", having a radius of 500.00 feet, and a chord
bearing and distance of South 2441'53" West, 221.53 feet, an arc
length of 223.38 feet to a point for corner;
--South 1153'58" West, a distance of 296.88 feet to a point
for corner;
--South 1448'07" West, a distance of 94.75 feet to a point
for corner;
--South 3035'42" West, a distance of 135.14 feet to a point
for corner;
--South 5812'25" East, a distance of 38.46 feet to a point
for corner;
--South 5610'00" East, a distance of 98.02 feet to a point
for corner;
--South 5834'37" East, a distance of 513.21 feet to a point
for corner;
--North 3035'42" East, a distance of 169.61 feet to a point
for corner for the beginning of a non-radial curve to the right;
--Easterly, with said non-radial curve to the right, through
a central angle of 4201'18", having a radius of 1900.00 feet, and a
chord bearing and distance of North 4256'22" East, 1362.47 feet, an
arc length of 1393.49 feet to a point for corner;
--North 6357'01" East, a distance of 107.71 feet to a point
for the beginning of curve to the right;
--Easterly, with said curve to the right, through a central
angle of 9223'27", having a radius of 600.00 feet, and a chord
bearing and distance of South 6951'15" East, 866.05 feet, an arc
length of 967.52 feet to a point for corner;
--South 2339'31" East, a distance of 295.48 feet to a point
for the beginning of a curve to the left;
--Easterly, with said curve to the left, through a central
angle of 10253'22", having a radius of 543.45 feet, and a chord
bearing and distance of South 8052'54" East, 849.96 feet, an arc
length of 975.90 feet for the beginning of a curve to the right;
--Easterly, with said curve to the right, through a central
angle of 4550'08", having a radius of 403.98 feet, and a chord
bearing and distance of North 7035'29" East, 314.62 feet, an arc
length of 323.17 feet to a point for corner;
--South 8645'34" East, a distance of 611.56 feet to a 5/8"
iron rod with cap found for corner;
--North 8959'58" East, a distance of 386.45 feet to a 5/8"
iron rod with cap found for corner;
--South 0012'41" East, a distance of 809.16 feet to a "PK"
nail found for corner;
--South 0046'21" East, a distance of 3604.12 feet to a 5/8"
iron rod with cap found for corner, said point being the northwest
corner of a called 4997 square feet tract, as described in deed to
Ensearch Corporation, recorded in Volume 84064, Page 1370,
D.R.D.C.T.;
--North 8908'31" West, a distance of 80.00 feet to a 5/8"
iron rod with cap found for corner;
--South 0046'21" East, a distance of 62.53 feet to a 5/8"
iron rod with cap found for corner, said point being in the
northerly right-of-way line of Ranch Trail, (a variable width
public right-of-way);
THENCE along the northerly right-of-way line of said Ranch
Trail, the following courses and distances to wit:
--North 8908'30" West, a distance of 1284.00 feet to a 5/8"
iron rod with cap found for corner;
--North 8759'44" West, a distance of 200.25 feet to a 5/8"
iron rod with cap found for corner;
--North 8908'31" West, a distance of 209.36 feet to a 5/8"
iron rod with cap found for corner;
THENCE leaving the northerly right-of-way line of said Ranch
Trail, the following courses and distances to wit:
--North 0051'29" East, a distance of 443.28 feet to a 5/8"
iron rod with cap found for corner;
--North 2925'57" West, a distance of 323.94 feet to a 5/8"
iron rod with cap found for corner;
--North 8908'31" West, a distance of 591.20 feet to a 5/8"
iron rod with cap found for corner;
--South 0051'29" West, a distance of 723.00 feet to a 5/8"
iron rod with cap found for corner, said point being in the
northerly right-of-way line of said Ranch Trail;
THENCE along the northerly right-of-way line of said Ranch
Trail, the following courses and distances to wit:
--North 8908'31" West, a distance of 1216.91 feet to a 5/8"
iron rod with cap found for corner;
--North 8918'32" West, a distance of 172.18 feet to a 5/8"
iron rod with cap found for corner;
THENCE leaving the northerly right-of-way line of said Ranch
Trail, along the westerly line of a Transmission Easement, recorded
in Volume 2001248, Page 11540, D.R.D.C.T., the following courses
and distances to wit:
--North 2740'25" East, a distance of 906.98 feet to a point
for corner;
--North 2152'30" East, a distance of 576.98 feet to a point
for corner;
--North 5519'47" West, a distance of 602.33 feet to a point
for corner;
--North 5818'20" West, a distance of 1662.99 feet to a point
for corner;
THENCE South 0041'28" West, a distance of 2541.69 feet,
leaving the westerly line of said Transmission Easement, to a 5/8"
iron rod with cap found for corner, said point being in the
northerly right-of-way line of said Hackberry Road;
THENCE North 8908'11" West, a distance of 2065.95 feet, along
the northerly right-of-way line of said Hackberry Road to the POINT
OF BEGINNING, and containing a Gross Area of 759.35 acres
(33,077,408 square feet) of land, more or less;
SAVE AND EXCEPT THEREFROM THE FOLLOWING 4 TRACTS:
SAVE AND EXCEPT ( #1 ) a portion of land being more
particularly described as follows:
POINT OF COMMENCING at a 5/8" iron rod with cap found for
corner, said point being in the northerly right-of-way line of said
Ranch Trail, said point also being the southwest corner of said
called 4997 square feet tract;
THENCE North 8908'30" West, a distance of 638.81 feet, along
the northerly right-of-way line of said Ranch Trail;
THENCE North 0051'30" East, a distance of 681.35 feet,
departing the northerly right-of-way line of said Ranch Trail, to
an iron rod found for corner, said point being the POINT OF
BEGINNING;
THENCE North 8432'23" West, a distance of 851.35 feet to a
point for corner;
THENCE North 0550'00" East, a distance of 648.19 feet to an
iron rod found for corner;
THENCE South 8409'37" East, a distance of 849.39 feet to an
iron rod found for corner;
THENCE South 0539'37" West, a distance of 642.56 feet to the
POINT OF BEGINNING, and containing 12.60 acres (548,801 square
feet) of land, more or less.
SAVE AND EXCEPT ( #2 ) a portion of land being more
particularly described as follows:
POINT OF COMMENCING at a 5/8" iron rod with cap found for
corner, said point being in the northerly right-of-way line of said
Ranch Trail, said point also being the southwest corner of said
called 4997 square feet tract;
THENCE North 8908'30" West, a distance of 311.43 feet, along
the northerly right-of-way line of said Ranch Trail;
THENCE North 0051'30" East, a distance of 391.56 feet,
departing the northerly right-of-way line of said Ranch Trail, to
the POINT OF BEGINNING;
THENCE North 8959'58" West, a distance of 667.90 feet to a
point for corner;
THENCE North 0048'46" East, a distance of 327.21 feet to a
point for corner;
THENCE South 8432'23" East, a distance of 341.81 feet to an
iron rod found for corner;
THENCE North 0539'37" East, a distance of 51.68 feet to a
point for corner;
THENCE South 4950'24" East, a distance of 371.29 feet to a
point for corner;
THENCE South 1745'24" East, a distance of 111.97 feet to the
POINT OF BEGINNING, and containing 4.00 acres (174,236 square feet)
of land, more or less.
SAVE AND EXCEPT ( #3 ) a portion of land being more
particularly described as follows:
POINT OF COMMENCING at a 5/8" iron rod with cap found for
corner, said point being in the northerly right-of-way line of said
Ranch Trail, said point also being the southwest corner of said
called 4997 square feet tract;
THENCE along the northerly right-of-way line of said Ranch
Trail, the following courses and distances to wit:
-- North 8908'30" West, a distance of 1284.00 feet, to a
point for corner;
-- North 8759'44" West, a distance of 200.25 feet, to a point
for corner;
-- North 8908'31" West, a distance of 1265.07 feet, to a
point for corner;
THENCE North 0051'29" East, a distance of 680.57 feet,
departing the northerly right-of-way line of said Ranch Trail, to
the POINT OF BEGINNING;
THENCE North 8446'39" West, a distance of 453.47 feet to a
point for corner;
THENCE North 3246'18" East, a distance of 682.55 feet to a
point for corner;
THENCE South 8446'39" East, a distance of 330.77 feet to a
point for corner;
THENCE South 2006'59" East, a distance of 227.25 feet to a
point for corner;
THENCE South 3246'18" West, a distance of 369.20 feet to a
point for corner;
THENCE South 6359'50" West, a distance of 139.72 feet to the
POINT OF BEGINNING, and containing 6.89 acres (299,912 square feet)
of land, more or less.
SAVE AND EXCEPT ( #4 ) a portion of land being more
particularly described as follows:
POINT OF COMMENCING at a 5/8" iron rod with cap found for
corner, said point being in the easterly right-of-way line of said
Belt Line Road, said point also being the northerly most southwest
corner of Tract 1;
THENCE North 0030'48" West, a distance of 1192.95 feet, along
the easterly right-of-way line of said Belt Line Road;
THENCE North 8929'12" East, a distance of 984.48 feet,
departing the easterly right-of-way line of said Belt Line Road, to
the POINT OF BEGINNING;
THENCE North 1318'20" West, a distance of 186.88 feet to a
point for corner;
THENCE North 3141'40" East, a distance of 277.00 feet to a
point for corner;
THENCE South 5818'20" East, a distance of 575.00 feet to a
point for corner;
THENCE South 3141'40" West, a distance of 277.00 feet to a
point for corner;
THENCE South 7641'40" West, a distance of 186.88 feet to a
point for corner;
THENCE North 5818'20" West, a distance of 310.71 feet to the
POINT OF BEGINNING, and containing 5.00 acres (217,798 square feet)
of land, more or less, and leaving TRACT 1 with a Net Area of 730.86
acres (31,836,661 square feet) of land, more or less.
(b) TRACT 2:
BEING a tract of land situated in the Jacob G. Carlock Survey,
Abstract No. 312, the Nancy Cousey Survey, Abstract No. 318, and the
McKinney F. Williams Survey, Abstract No. 1054, in the City of
Dallas, Dallas County, Texas, and being a portion of those tracts of
land described in deed to Luminant Generation Company, LLC,
formerly TXU Generation Company LP, recorded in Volume 2001248,
Page 11540 of the Deed Records of Dallas County, Texas, and being
more particularly described as follows:
POINT OF COMMENCING at a 5/8" iron pipe with cap found at a
corner clip at the intersection of the southerly right-of-way line
of East Belt Line Road (a variable width public right-of-way) and
the easterly right-of-way line of Sanders Loop (a 60-foot width
right-of-way);
THENCE along the southerly right-of-way line of said East
Belt Line Road, the following courses and distances to wit:
--North 8941'24" East, a distance of 666.55 feet, to a 1/2"
iron pipe with cap found for corner for the beginning of a curve to
the left;
--Easterly, with said curve to the left, through a central
angle of 1445'11", having a radius of 1684.45 feet, and a chord
bearing and distance of North 8218'48" East, 432.53 feet, an arc
length of 433.73 feet to a 1/2" iron pipe with cap found for corner
for the POINT OF BEGINNING, said point being the beginning of a
curve to the left;
THENCE continuing along the southerly right-of-way line of
said East Belt Line Road, the following courses and distances to
wit:
--Easterly, with said curve to the left, through a central
angle of 4420'08", having a radius of 1492.40 feet, and a chord
bearing and distance of North 5148'48" East, 1126.23 feet, an arc
length of 1154.82 feet to a point for corner;
--North 2938'44" East, a distance of 579.43 feet, to a 1"
iron rod found for corner for the beginning of a curve to the right;
--Easterly, with said curve to the right, through a central
angle of 3743'34", having a radius of 1849.85 feet, and a chord
bearing and distance of North 4830'31" East, 1196.14 feet, an arc
length of 1218.02 feet to a 1/2" iron rod found for corner;
--North 6722'17" East, a distance of 1490.05 feet, to a 3/4"
iron pipe found for corner for the beginning of a curve to the
right;
--Easterly, with said curve to the right, through a central
angle of 4116'11", having a radius of 2804.79 feet, and a chord
bearing and distance of North 8758'47" East, 1976.88 feet, an arc
length of 2020.27 feet to a point for corner at a corner clip at the
intersection of the southerly right-of-way line of said East Belt
Line Road and the westerly right-of-way line of South Northlake
Road (an 80-foot width right-of-way);
THENCE along the westerly right-of-way line of said South
Northlake Road, the following courses and distances to wit:
--South 2607'21" East, a distance of 57.54 feet, to a point
for corner for the beginning of a non-tangent curve to the left;
--Southerly, with said non-tangent curve to the left, through
a central angle of 1715'16", having a radius of 858.51 feet, and a
chord bearing and distance of South 0809'10" West, 257.56 feet, an
arc length of 258.54 feet to a point for corner;
--South 0028'28" East, a distance of 331.72 feet, to a point
for corner;
--South 0103'30" East, a distance of 446.34 feet, to a mag
nail found for corner;
THENCE leaving the westerly right-of-way line of said South
Northlake Road, the following courses and distances to wit:
--South 0041'14" West, a distance of 59.74 feet, to a point
for corner;
--North 8938'49" East, a distance of 37.29 feet, to a 1/2"
iron pipe with cap found for corner;
--South 0034'34" East, a distance of 663.61 feet, to a point
for corner;
--South 8959'58" West, a distance of 907.02 feet, to a point
for corner;
--South 2705'01" East, a distance of 128.90 feet, to a point
for corner;
--North 6914'19" West, a distance of 61.87 feet, to a point
for corner;
--North 8929'16" West, a distance of 799.56 feet, to a point
for corner;
--North 8702'10" West, a distance of 844.03 feet, to a point
for corner for the beginning of a curve to the right;
--Westerly, with said curve to the right, through a central
angle of 1719'38", having a radius of 100.00 feet, and a chord
bearing and distance of North 7822'21" West, 30.13 feet, an arc
length of 30.24 feet to a point for corner;
--North 6942'32" West, a distance of 118.61 feet, to a point
for corner;
--South 3117'57" West, a distance of 427.71 feet, to a point
for corner for the beginning of a curve to the left;
--Southerly, with said curve to the left, through a central
angle of 2851'04", having a radius of 1375.75 feet, and a chord
bearing and distance of South 1200'33" West, 685.46 feet, an arc
length of 692.75 feet to a point for corner for the beginning of a
reverse curve to the right;
--Southerly, with said reverse curve to the right, through a
central angle of 1236'46", having a radius of 1738.86 feet, and a
chord bearing and distance of South 0831'33" West, 382.01 feet, an
arc length of 382.78 feet to a point for corner;
--South 1530'32" West, a distance of 34.97 feet, to a point
for corner for the beginning of a curve to the left;
--Southerly, with said curve to the left, through a central
angle of 7433'21", having a radius of 50.00 feet, and a chord
bearing and distance of South 2146'08" East, 60.57 feet, an arc
length of 65.06 feet to a point for corner;
--South 5902'48" East, a distance of 9.59 feet, to a point
for corner for the beginning of a curve to the right;
--Southerly, with said curve to the right, through a central
angle of 12619'40", having a radius of 25.00 feet, and a chord
bearing and distance of South 0407'02" West, 44.62 feet, an arc
length of 55.12 feet to a point for corner;
--South 6716'52" West, a distance of 57.30 feet, to a point
for corner for the beginning of a curve to the left;
--Southerly, with said curve to the left, through a central
angle of 4503'15", having a radius of 50.00 feet, and a chord
bearing and distance of South 4445'14" West, 38.31 feet, an arc
length of 39.32 feet to a point for corner;
--South 2213'36" West, a distance of 51.27 feet, to a point
for corner for the beginning of a curve to the right;
--Southerly, with said curve to the right, through a central
angle of 1252'49", having a radius of 1738.86 feet, and a chord
bearing and distance of South 2930'27" West, 390.08 feet, an arc
length of 390.90 feet to a point for corner;
--South 3734'26" West, a distance of 135.48 feet, to a point
for corner for the beginning of a curve to the left;
--Southerly, with said curve to the left, through a central
angle of 5113'26", having a radius of 50.00 feet, and a chord
bearing and distance of South 1157'43" West, 43.23 feet, an arc
length of 44.70 feet to a point for corner;
--South 1339'00" East, a distance of 151.04 feet, to a point
for corner for the beginning of a curve to the right;
--Southwesterly, with said curve to the right, through a
central angle of 12116'27", having a radius of 50.00 feet, and a
chord bearing and distance of South 4659'14" West, 87.15 feet, an
arc length of 105.83 feet to a point for corner;
--North 7222'33" West, a distance of 242.60 feet, to a point
for corner for the beginning of a curve to the left;
--Westerly, with said curve to the left, through a central
angle of 3320'29", having a radius of 200.00 feet, and a chord
bearing and distance of North 8902'47" West, 114.75 feet, an arc
length of 116.38 feet to a point for corner;
--South 7416'58" West, a distance of 575.84 feet, to a point
for corner for the beginning of a curve to the right;
--Southwesterly, with said curve to the right, through a
central angle of 0756'12", having a radius of 100.00 feet, and a
chord bearing and distance of South 7815'04" West, 13.84 feet, an
arc length of 13.85 feet to a point for corner;
--South 8213'10" West, a distance of 348.79 feet, to a point
for corner for the beginning of a curve to the left;
--Southwesterly, with said curve to the left, through a
central angle of 2016'51", having a radius of 100.00 feet, and a
chord bearing and distance of South 7204'44" West, 35.21 feet, an
arc length of 35.40 feet to a point for corner;
--South 6156'19" West, a distance of 104.25 feet, to a point
for corner for the beginning of a non-tangent curve to the left;
--Southwesterly, with said non-tangent curve to the left,
through a central angle of 3548'44", having a radius of 451.03
feet, and a chord bearing and distance of South 4733'03" West,
277.34 feet, an arc length of 281.91 feet to a point for corner for
the beginning of a non-tangent reverse curve to the right;
--Southwesterly, with said non-tangent reverse curve to the
right, through a central angle of 2143'25", having a radius of
1682.82 feet, and a chord bearing and distance of South 4800'48"
West, 634.22 feet, an arc length of 638.04 feet to a point for
corner for the beginning of a compound curve to the right;
--Southwesterly, with said compound curve to the right,
through a central angle of 3331'06", having a radius of 1000.00
feet, and a chord bearing and distance of South 7538'03" West,
576.70 feet, an arc length of 585.00 feet to a point for corner for
the beginning of a reverse curve to the left;
--Southwesterly, with said reverse curve to the left, through
a central angle of 5711'43", having a radius of 100.00 feet, and a
chord bearing and distance of South 6347'45" West, 95.73 feet, an
arc length of 99.82 feet to a point for corner for the beginning of a
reverse curve to the right;
--Southwesterly, with said reverse curve to the right,
through a central angle of 5520'21", having a radius of 849.05
feet, and a chord bearing and distance of South 6252'04" West,
788.55 feet, an arc length of 820.05 feet to a point for corner;
--West, a distance of 187.74 feet, to a point for corner, said
point being in the easterly right-of-way line of South Belt Line
Road (a variable width public right-of-way);
THENCE along the easterly right-of-way line of said South
Belt Line Road, the following courses and distances to wit:
--North 0034'47" West, a distance of 41.91 feet, to a point
for corner;
--North 0034'57" West, a distance of 283.17 feet, to a 5/8"
iron rod with cap found for corner;
--North 0032'02" West, a distance of 1232.51 feet, to an "X"
found for corner at a corner clip at the intersection of the
easterly right-of-way line of said South Belt Line Road and the
southerly right-of-way line of said Sanders Loop;
THENCE along the southerly and easterly right-of-way line of
said Sanders Loop, the following courses and distances to wit:
--North 4443'45" East, a distance of 28.28 feet, to an "X"
found for corner;
--North 8937'59" East, a distance of 521.23 feet, to a 5/8"
iron pipe with cap found for corner;
--North 0041'00" West, a distance of 506.40 feet, to a point
for corner;
THENCE departing the easterly right-of-way line of said
Sanders Loop, the following courses and distances to wit:
--North 8959'58" East, a distance of 1023.17 feet, to a point
for corner, said point being in the westerly line of a 170-foot wide
Electric Transmission Easement (Tract 1) in Special Warranty Deed
recorded in Volume 2001248, Page 11540, D.R.D.C.T.;
--North 2008'20" East, a distance of 633.78 feet, along the
westerly line of a said Electric Transmission Easement, to a point
for corner;
--North 3846'45" East, a distance of 245.52 feet, continuing
along the westerly line of a said Electric Transmission Easement,
to a point for corner;
--South 8959'58" West, a distance of 278.55 feet, departing
the westerly line of a said Electric Transmission Easement, to the
POINT OF BEGINNING, and containing a Gross Area of 338.88 acres
(14,761,616 square feet) of land, more or less;
SAVE AND EXCEPT THEREFROM THE FOLLOWING 3 TRACTS:
SAVE AND EXCEPT ( #1 ) a portion of land being more
particularly described as follows:
POINT OF COMMENCING at a 5/8" iron pipe with cap found at a
corner clip at the intersection of the southerly right-of-way line
of said East Belt Line Road and the easterly right-of-way line of
said Sanders Loop;
THENCE along the southerly right-of-way line of said East
Belt Line Road, the following courses and distances to wit:
--North 8941'24" East, a distance of 666.55 feet, to a 1/2"
iron pipe with cap found for corner for the beginning of a curve to
the left;
--Easterly, with said curve to the left, through a central
angle of 1445'11", having a radius of 1684.45 feet, and a chord
bearing and distance of North 8218'48" East, 432.53 feet, an arc
length of 433.73 feet to a 1/2" iron pipe with cap found for corner
for the POINT OF BEGINNING, said point being the beginning of a
curve to the left;
THENCE continuing along the southerly right-of-way line of
said East Belt Line Road, the following courses and distances to
wit:
--Easterly, with said curve to the left, through a central
angle of 4420'08", having a radius of 1492.40 feet, and a chord
bearing and distance of North 5148'48" East, 1126.23 feet, an arc
length of 1154.82 feet to a point for corner;
--North 2938'44" East, a distance of 579.43 feet, to a 1"
iron rod found for corner for the beginning of a curve to the right;
--Easterly, with said curve to the right, through a central
angle of 3743'34", having a radius of 1849.85 feet, and a chord
bearing and distance of North 4830'31" East, 1196.14 feet, an arc
length of 1218.02 feet to a 1/2" iron rod found for corner;
--North 6722'17" East, a distance of 1490.05 feet, to a 3/4"
iron pipe found for corner for the beginning of a curve to the
right;
--Easterly, with said curve to the right, through a central
angle of 0415'22", having a radius of 2804.79 feet, and a chord
bearing and distance of North 6928'23" East, 208.30 feet, an arc
length of 208.35 feet to a point for corner;
THENCE departing the southerly right-of-way line of said East
Belt Line Road, the following courses and distances to wit:
--South 1037'36" East, a distance of 152.65 feet, to a point
for corner;
--South 0757'55" East, a distance of 246.27 feet, to a point
for corner;
--North 7748'47" East, a distance of 1000.02 feet, to a point
for corner;
--South 6202'11" East, a distance of 263.63 feet, to a point
for corner;
--South 7748'46" East, a distance of 549.80 feet, to a point
for corner;
--South 0000'02" East, a distance of 219.19 feet, to a point
for corner;
--North 8959'58" East, a distance of 1036.92 feet, to a point
for corner;
--South 0757'55" East, a distance of 246.27 feet, to a point
for corner, said point being in the westerly right-or-way line of
said South Northlake Road;
THENCE South 0103'30" East, a distance of 446.34 feet, along
the westerly right-of-way line of said South Northlake Road, to a
mag nail found for corner;
THENCE South 0041'14" West, a distance of 59.74 feet,
departing the westerly right-of-way line of said South Northlake
Road, to a point for corner;
THENCE North 8938'49" East, a distance of 37.29 feet, to a
1/2" iron pipe with cap found for corner;
THENCE South 0034'34" East, a distance of 663.61 feet, to a
point for corner;
THENCE South 8959'58" West, a distance of 907.02 feet, to a
point for corner;
THENCE South 2705'01" East, a distance of 128.90 feet, to a
point for corner;
THENCE North 6914'19" West, a distance of 61.87 feet, to a
point for corner;
THENCE South 8929'16" West, a distance of 799.56 feet, to a
point for corner;
THENCE North 8702'10" West, a distance of 844.03 feet, to a
point for corner for the beginning of a curve to the left;
THENCE westerly, with said curve to the left, through a
central angle of 1719'38", having a radius of 100.00 feet, and a
chord bearing and distance of North 7822'21" West, 30.13 feet, an
arc length of 30.24 feet to a point for corner;
THENCE North 6942'32" West, a distance of 118.61 feet, to a
point for corner;
THENCE North 7357'13" West, a distance of 50.94 feet, to a
point for corner;
THENCE North 6729'55" West, a distance of 376.50 feet, to a
point for corner;
THENCE North 7124'21" West, a distance of 478.92 feet, to a
point for corner;
THENCE South 6019'57" West, a distance of 469.83 feet, to a
point for corner;
THENCE South 5157'35" West, a distance of 476.83 feet, to a
point for corner;
THENCE South 5129'18" West, a distance of 450.28 feet, to a
point for corner;
THENCE South 5518'30" West, a distance of 202.63 feet, to a
point for corner;
THENCE South 3633'51" West, a distance of 258.05 feet, to a
point for corner;
THENCE South 8959'58" West, a distance of 465.27 feet, to the
POINT OF BEGINNING, and containing 132.11 acres (5,754,834 square
feet) of land, more or less.
SAVE AND EXCEPT ( #2 ) a portion of land being more
particularly described as follows:
POINT OF COMMENCING at a corner clip at the intersection of
the southerly right-of-way line of said East Belt Line Road and the
westerly right-of-way line of said South Northlake Road;
THENCE along the westerly right-of-way line of said South
Northlake Road, the following courses and distances to wit:
--South 2607'21" East, a distance of 57.54 feet, to a point
for corner for the beginning of a non-tangent curve to the left;
--Southerly, with said non-tangent curve to the left, through
a central angle of 1715'16", having a radius of 858.51 feet, and a
chord bearing and distance of South 0809'10" West, 257.56 feet, an
arc length of 258.54 feet to a point for corner;
--South 0028'28" East, a distance of 331.72 feet, to a point
for corner;
THENCE South 8959'58" West, a distance of 205.12 feet,
departing the westerly right-of-way line of said South Northlake
Road, to the POINT OF BEGINNING;
THENCE South 8959'58" West, a distance of 230.05 feet, to a
point for corner;
THENCE North 3928'39" West, a distance of 118.02 feet, to a
point for corner;
THENCE South 8859'00" West, a distance of 115.21 feet, to a
point for corner;
THENCE North 2646'14" West, a distance of 221.20 feet, to a
point for corner;
THENCE North 7748'46" East, a distance of 505.54 feet, to a
point for corner;
THENCE South 0344'54" East, a distance of 394.11 feet, to the
POINT OF BEGINNING, and containing 3.23 acres
(140,525 square feet) of land, more or less.
SAVE AND EXCEPT ( #3 ) a portion of land being more
particularly described as follows:
POINT OF BEGINNING at a point in the southerly right-of-way
line of said Sanders Loop, said point bears North 4443'45" East,
172.76 feet along the southerly right-of-way line of said Sanders
Loop from a corner clip at the intersection of the easterly
right-of-way line of said Belt Line Road;
THENCE North 8937'59" East, a distance of 278.85 feet, along
the southerly right-of-way line of said Sanders Loop, to a point for
corner, said point being the beginning of a non-tangent curve to the
left;
THENCE departing the southerly right-of-way line of said
Sanders Loop, the following courses and distances to wit:
--Southeasterly, with said non-tangent curve to the left,
through a central angle of 3238'41", having a radius of 510 feet,
and a chord bearing and distance of South 5255'29" East, 286.66
feet, an arc length of 290.58 feet to a point for corner;
--South 0022'01" East, a distance of 302.72 feet, to a point
for corner;
--South 8937'59" West, a distance of 506.45 feet, to a point
for corner;
--North 0022'01" West, a distance of 477.00 feet, to the
POINT OF BEGINNING, and containing 5.00 acres (217,799 square feet)
of land, more or less, and leaving Net Areas as follows:
Tract 2A containing 178.98 acres (7,796,183 square feet) of
land, more or less,
Tract 2B containing 17.01 acres (740,901 square feet) of
land, more or less,
Tract 2C containing 2.56 acres (111,374 square feet) of land,
more or less.
(c) TRACT 3:
BEING a tract of land situated in the Jacob G. Carlock Survey,
Abstract No. 312, in the City of Dallas, Dallas County, Texas, and
being a portion of those tracts of land described in deed to
Luminant Generation Company, LLC, formerly TXU Generation Company
LP, recorded in Volume 2001248, Page 11540 of the Deed Records of
Dallas County, Texas, and being more particularly described as
follows:
POINT OF COMMENCING at the southeast corner of Tract 2;
THENCE South 0034'34" East, a distance of 145.00 feet, to a
3" fence post found for corner for the POINT OF BEGINNING;
THENCE North 8931'11" East, a distance of 538.69 feet, to a
3" fence post found for corner;
THENCE South 0035'34" East, a distance of 689.26 feet, to a
3" fence post found for corner;
THENCE North 8932'29" West, a distance of 201.09 feet, to a
1/2" iron pipe with cap found for corner;
THENCE North 3030'42" West, a distance of 676.98 feet, to a
1/2" iron pipe with cap found for corner;
THENCE North 0034'34" West, a distance of 99.87 feet, to the
POINT OF BEGINNING, and containing 6.22 acres (270,922 square feet)
of land, more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.