Texas 2009 - 81st Regular

Texas Senate Bill SB2466 Compare Versions

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1	1	S.B. No. 2466
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Cypress Waters Municipal Management
6	6	District; providing the authority to impose an assessment, impose a
7	7	tax, and issue bonds.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	10	Code, is amended by adding Chapter 3874 to read as follows:
11	11	CHAPTER 3874. CYPRESS WATERS MUNICIPAL MANAGEMENT DISTRICT
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 3874.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "City" means the City of Dallas.
16	16	(3) "District" means the Cypress Waters Municipal
17	17	Management District.
18	18	(4) "Improvement project" means a project authorized
19	19	by Section 3874.102:
20	20	(A) inside the boundaries of the district; and
21	21	(B) in areas outside but adjacent to the
22	22	boundaries of the district if the project is for the purpose of
23	23	extending public infrastructure improvements beyond the district's
24	24	boundaries to a logical terminus.
25	25	Sec. 3874.002. CREATION AND NATURE OF DISTRICT. The
26	26	district is a special district created under Section 59, Article
27	27	XVI, Texas Constitution.
28	28	Sec. 3874.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
29	29	creation of the district is essential to accomplish the purposes of
30	30	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
31	31	Texas Constitution, and other public purposes stated in this
32	32	chapter. By creating the district and in authorizing the city and
33	33	other political subdivisions to contract with the district, the
34	34	legislature has established a program to accomplish the public
35	35	purposes set out in Section 52-a, Article III, Texas Constitution.
36	36	(b) The creation of the district is necessary to promote,
37	37	develop, encourage, and maintain employment, commerce,
38	38	transportation, housing, tourism, recreation, the arts,
39	39	entertainment, economic development, safety, and the public
40	40	welfare in the district.
41	41	(c) The district is created to supplement and not to
42	42	supplant city services provided in the district.
43	43	Sec. 3874.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
44	44	(a) The district is created to serve a public use and benefit.
45	45	(b) All land and other property included in the district
46	46	will benefit from the improvements and services to be provided by
47	47	the district under powers conferred by Sections 52 and 52-a,
48	48	Article III, and Section 59, Article XVI, Texas Constitution, and
49	49	other powers granted under this chapter.
50	50	(c) The creation of the district is in the public interest
51	51	and is essential to further the public purposes of:
52	52	(1) developing and diversifying the economy of the
53	53	state;
54	54	(2) eliminating unemployment and underemployment;
55	55	(3) developing or expanding transportation and
56	56	commerce; and
57	57	(4) providing quality residential housing.
58	58	(d) The district will:
59	59	(1) promote the health, safety, and general welfare of
60	60	residents, employers, potential employees, employees, visitors,
61	61	and consumers in the district, and of the public;
62	62	(2) provide needed funding for the district to
63	63	preserve, maintain, and enhance the economic health and vitality of
64	64	the district territory as a residential community and business
65	65	center; and
66	66	(3) promote the health, safety, welfare, and enjoyment
67	67	of the public by providing pedestrian ways and by landscaping and
68	68	developing certain areas in the district, which are necessary for
69	69	the restoration, preservation, and enhancement of scenic beauty.
70	70	(e) Pedestrian ways along or across a street, whether at
71	71	grade or above or below the surface, and street lighting, street
72	72	landscaping, vehicle parking, and street art objects are parts of
73	73	and necessary components of a street and are considered to be an
74	74	improvement project that includes a street or road improvement.
75	75	(f) The district will not act as the agent or
76	76	instrumentality of any private interest even though the district
77	77	will benefit many private interests as well as the public.
78	78	Sec. 3874.005. DISTRICT TERRITORY. (a) The district is
79	79	composed of the territory described by Section 2 of the Act enacting
80	80	this chapter, as that territory may have been modified under:
81	81	(1) Section 3874.106; or
82	82	(2) other law.
83	83	(b) A mistake in the field notes of the district contained
84	84	in Section 2 of the Act enacting this chapter or in copying the
85	85	field notes in the legislative process does not in any way affect:
86	86	(1) the district's organization, existence, or
87	87	validity;
88	88	(2) the district's right to contract, including the
89	89	right to issue any type of bond or other obligation for a purpose
90	90	for which the district is created;
91	91	(3) the district's right to impose or collect an
92	92	assessment, tax, or any other revenue; or
93	93	(4) the legality or operation of the board.
94	94	Sec. 3874.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
95	95	(a) All or any part of the area of the district is eligible to be
96	96	included in:
97	97	(1) a tax increment reinvestment zone created by the
98	98	city under Chapter 311, Tax Code;
99	99	(2) a tax abatement reinvestment zone created by the
100	100	city under Chapter 312, Tax Code; or
101	101	(3) an enterprise zone created by the city under
102	102	Chapter 2303, Government Code.
103	103	(b) If the city creates a tax increment reinvestment zone
104	104	described by Subsection (a), the city and the board of directors of
105	105	the zone, by contract with the district, may grant money deposited
106	106	in the tax increment fund to the district to be used by the district
107	107	for the purposes permitted for money granted to a corporation under
108	108	Section 380.002(b), Local Government Code, including the right to
109	109	pledge the money as security for any bonds issued by the district
110	110	for an improvement project. A project may not receive public funds
111	111	under Section 380.002(b), Local Government Code, unless the project
112	112	has been approved by the governing body of the city by the adoption
113	113	of a resolution.
114	114	(c) A tax increment reinvestment zone created by the city in
115	115	the district is not subject to the limitations provided by Section
116	116	311.006(b), Tax Code.
117	117	[Sections 3874.007-3874.050 reserved for expansion]
118	118	SUBCHAPTER B. BOARD OF DIRECTORS
119	119	Sec. 3874.051. GOVERNING BODY; TERMS. (a) The district is
120	120	governed by a board of nine directors composed of:
121	121	(1) six directors appointed by the governing body of
122	122	the city;
123	123	(2) one assistant city manager of the city, appointed
124	124	by the city manager;
125	125	(3) the chief financial officer of the city; and
126	126	(4) the economic director of the city.
127	127	(b) Directors serve staggered terms of four years, with four
128	128	or five directors' terms expiring July 1 of each odd-numbered year.
129	129	Sec. 3874.052. APPOINTMENT OF DIRECTORS: BOARD MEETINGS.
130	130	(a) Directors appointed by the governing body of the city must
131	131	meet at least one of the qualifications prescribed by Section
132	132	3874.053.
133	133	(b) A person may not be appointed to the board by the
134	134	governing body of the city if the appointment of that person would
135	135	result in fewer than three of the directors being residents of the
136	136	city and meeting the qualifications prescribed by Section
137	137	3874.053(a)(2), (3), (4), (5), or (6).
138	138	(c) The governing body of the city may remove a member of the
139	139	board with or without cause at any time by a majority vote.
140	140	(d) The board shall hold meetings at a place accessible to
141	141	the public. The board shall file a copy of the notice of a meeting
142	142	with the city's secretary. The city's secretary shall post the
143	143	notice at Dallas City Hall.
144	144	(e) The board may not create an executive committee to
145	145	exercise the powers of the board.
146	146	(f) If an office described in Section 3874.051(a) is
147	147	renamed, changed, or abolished, the governing body of the city may
148	148	appoint another city officer or employee who performs duties
149	149	comparable to those performed by the officer described by that
150	150	subsection.
151	151	Sec. 3874.053. QUALIFICATIONS OF DIRECTORS APPOINTED BY
152	152	CITY. (a) To be qualified to serve as a director appointed by the
153	153	governing body of the city, a person must be at least 18 years old
154	154	and must be:
155	155	(1) a resident of the district who is also a registered
156	156	voter of the district;
157	157	(2) an owner of property in the district;
158	158	(3) an owner of stock or a partnership or membership
159	159	interest, whether beneficial or otherwise, of a corporate
160	160	partnership, limited liability company, or other entity owner of a
161	161	direct or indirect interest in property in the district;
162	162	(4) an owner of a beneficial interest in a trust, or a
163	163	trustee in a trust, that directly or indirectly owns property in the
164	164	district;
165	165	(5) an agent, employee, or tenant of a person covered
166	166	by Subdivision (2), (3), or (4); or
167	167	(6) an initial director.
168	168	(b) Section 49.052, Water Code, does not apply to the
169	169	district.
170	170	Sec. 3874.054. VACANCY. The governing body of the city
171	171	shall fill a vacancy on the board by appointing a person who meets
172	172	the qualifications prescribed by Section 3874.051(a) or 3874.053 to
173	173	serve for the remainder of the unexpired term.
174	174	Sec. 3874.055. DIRECTOR'S OATH OR AFFIRMATION. A
175	175	director's oath or affirmation of office shall be filed with the
176	176	district and the district shall retain the oath or affirmation in
177	177	the district records. A copy of each director's oath or affirmation
178	178	of office shall be filed with the city's secretary.
179	179	Sec. 3874.056. OFFICERS. The board shall elect from among
180	180	the directors a chair, a vice chair, and a secretary. The offices
181	181	of chair and secretary may not be held by the same person
182	182	concurrently.
183	183	Sec. 3874.057. COMPENSATION; EXPENSES; LIABILITY INSURANCE
184	184	FOR DIRECTORS. (a) The district may compensate each director in
185	185	an amount not to exceed $50 for each board meeting. The total
186	186	amount of compensation for each director in one year may not exceed
187	187	$2,000.
188	188	(b) Directors are entitled to reimbursement for necessary
189	189	and reasonable expenses incurred in carrying out the duties and
190	190	responsibilities of the board.
191	191	(c) The district may obtain and pay for comprehensive
192	192	general liability insurance coverage from a commercial insurance
193	193	company or other source that protects and insures a director
194	194	against personal liability and from any and all claims relating to:
195	195	(1) actions taken by the director in the director's
196	196	capacity as a member of the board;
197	197	(2) actions and activities taken by the district; or
198	198	(3) the actions of others acting on behalf of the
199	199	district.
200	200	Sec. 3874.058. CONFLICTS OF INTEREST. (a) A director,
201	201	including a director who qualifies under Section 3874.053(a)(2),
202	202	(3), (4), or (5), may participate in all board votes and decisions
203	203	if the director complies with the requirements of Subsection (b).
204	204	(b) A director shall comply with Section 171.004, Local
205	205	Government Code, including the disclosure and abstention
206	206	requirements of that section. A director must file a copy of the
207	207	director's disclosure affidavit required by Section 171.004, Local
208	208	Government Code, with the city's secretary before participating in
209	209	a board discussion or vote.
210	210	Sec. 3874.059. INITIAL DIRECTORS. (a) The initial board
211	211	consists of the following directors:
212	212	(1) Place 1 Lucy Billingsley;
213	213	(2) Place 2 Mario Canizares;
214	214	(3) Place 3 Sid Grant;
215	215	(4) Place 4 Joel Overton, Jr.;
216	216	(5) Place 5 Henry Billingsley;
217	217	(6) Place 6 Lucilo Pena;
218	218	(7) Place 7 City of Dallas Assistant City Manager
219	219	A. C. Gonzalez;
220	220	(8) Place 8 City of Dallas Chief Financial Officer
221	221	David Cook; and
222	222	(9) Place 9 City of Dallas Office of Economic
223	223	Development Director Karl Zavitkovsky.
224	224	(b) The terms of the initial directors expire on the 180th
225	225	day after the date on which the Act enacting this chapter takes
226	226	effect.
227	227	(c) The terms of the directors appointed to succeed the
228	228	initial directors appointed for places 1, 2, 3, and 4 expire July 1,
229	229	2011, and the terms of the directors appointed to succeed the
230	230	initial directors appointed for places 5, 6, 7, 8, and 9 expire July
231	231	1, 2013.
232	232	(d) This section expires December 31, 2009.
233	233	[Sections 3874.060-3874.100 reserved for expansion]
234	234	SUBCHAPTER C. POWERS AND DUTIES
235	235	Sec. 3874.101. GENERAL POWERS AND DUTIES. The district has
236	236	the powers and duties provided by this chapter and by:
237	237	(1) the general laws relating to conservation and
238	238	reclamation districts created under Section 59, Article XVI, Texas
239	239	Constitution, including Chapters 49 and 54, Water Code, except that
240	240	the district's bonds and other securities are not subject to the
241	241	jurisdiction or supervision of the Texas Commission on
242	242	Environmental Quality under Chapter 49, Water Code, or other law;
243	243	(2) the general laws relating to road districts and
244	244	road utility districts created under Section 52(b), Article III,
245	245	Texas Constitution, including Chapter 441, Transportation Code,
246	246	except that the district may exercise any power granted by this
247	247	chapter without regard to any provision or requirement of or
248	248	procedure prescribed by Chapter 441, Transportation Code;
249	249	(3) Subchapter A, Chapter 372, Local Government Code,
250	250	in the same manner as a municipality or a county;
251	251	(4) Chapter 1371, Government Code;
252	252	(5) Chapter 375, Local Government Code; and
253	253	(6) Chapter 311, Tax Code.
254	254	Sec. 3874.102. IMPROVEMENT PROJECTS. (a) The district may
255	255	provide, or it may enter into contracts with a governmental or
256	256	private entity to provide, the following types of improvement
257	257	projects located in the district or activities in support of or
258	258	incidental to those projects:
259	259	(1) a supply and distribution facility or system to
260	260	provide potable and nonpotable water to the residents and
261	261	businesses of the district, including a wastewater collection
262	262	facility;
263	263	(2) a paved, macadamized, or graveled road, street, or
264	264	turnpike, inside and outside the district, to the full extent
265	265	authorized by Section 52, Article III, Texas Constitution;
266	266	(3) the planning, design, construction, improvement,
267	267	and maintenance of:
268	268	(A) landscaping;
269	269	(B) highway right-of-way or transit corridor
270	270	beautification and improvement;
271	271	(C) lighting, banners, and signs;
272	272	(D) a street or sidewalk;
273	273	(E) a hiking and cycling path or trail;
274	274	(F) a pedestrian walkway, skywalk, crosswalk, or
275	275	tunnel;
276	276	(G) a park, lake, garden, recreational facility,
277	277	community activities center, dock, wharf, sports facility, open
278	278	space, scenic area, or related exhibit or preserve;
279	279	(H) a fountain, plaza, or pedestrian mall; or
280	280	(I) a drainage or storm-water detention
281	281	improvement;
282	282	(4) protection and improvement of the quality of storm
283	283	water that flows through the district;
284	284	(5) the planning, design, construction, improvement,
285	285	maintenance, and operation of:
286	286	(A) a water or sewer facility; or
287	287	(B) an off-street parking facility or heliport;
288	288	(6) the planning and acquisition of:
289	289	(A) public art and sculpture and related exhibits
290	290	and facilities; or
291	291	(B) an educational facility, and a cultural
292	292	exhibit or facility;
293	293	(7) the planning, design, construction, acquisition,
294	294	lease, rental, improvement, maintenance, installation, and
295	295	management of and provision of furnishings for a facility for:
296	296	(A) a conference, convention, or exhibition;
297	297	(B) a manufacturer, consumer, or trade show;
298	298	(C) a civic, community, or institutional event;
299	299	or
300	300	(D) an exhibit, display, attraction, special
301	301	event, or seasonal or cultural celebration or holiday;
302	302	(8) the removal, razing, demolition, or clearing of
303	303	land or improvements in connection with improvement projects;
304	304	(9) the acquisition and improvement of land or other
305	305	property for the mitigation of the environmental effects of an
306	306	improvement project if those costs are incurred in accordance with
307	307	a development agreement and reimbursement of those costs is
308	308	conditioned on the completion of substantial vertical development,
309	309	or the costs are related to a transit or mobility project;
310	310	(10) the acquisition of property or an interest in
311	311	property in connection with one or more authorized improvement
312	312	projects, including a project authorized by Subchapter A, Chapter
313	313	372, Local Government Code;
314	314	(11) a special or supplemental service for the
315	315	improvement and promotion of the district or an area adjacent to the
316	316	district or for the protection of public health and safety in or
317	317	adjacent to the district, including:
318	318	(A) advertising;
319	319	(B) promotion;
320	320	(C) tourism;
321	321	(D) health and sanitation;
322	322	(E) public safety;
323	323	(F) security;
324	324	(G) fire protection or emergency medical
325	325	services;
326	326	(H) business recruitment;
327	327	(I) elimination of traffic congestion, including
328	328	by use of rail services; and
329	329	(J) recreational, educational, or cultural
330	330	improvements, enhancements, and services; or
331	331	(12) any similar public improvement, facility, or
332	332	service.
333	333	(b) The district may not undertake an improvement project
334	334	under this section unless the board determines the project to be
335	335	necessary to accomplish a public purpose of the district and has
336	336	received the approval of the city under Section 3874.160.
337	337	(c) An improvement project must comply with any applicable
338	338	codes and ordinances of the city.
339	339	(d) The district may not provide, conduct, or authorize an
340	340	improvement project on the city streets, highways, rights-of-way,
341	341	or easements without the consent of the governing body of the city.
342	342	(e) Subject to an agreement between the district and the
343	343	city, the city may:
344	344	(1) by ordinance, order, or resolution require that
345	345	title to all or any portion of an improvement project vest in the
346	346	city; or
347	347	(2) unless prohibited by Subsection (h), by ordinance,
348	348	order, resolution, or other directive, authorize the district to
349	349	own, encumber, maintain, and operate an improvement project,
350	350	subject to the right of the city to order a conveyance of the
351	351	improvement project to the city on a date determined by the city.
352	352	(f) The district shall immediately comply with any city
353	353	ordinance, order, or resolution adopted under Subsection (e).
354	354	(g) For the purposes of this section, planning, design,
355	355	construction, improvement, and maintenance of a lake includes work
356	356	done for drainage, reclamation, or recreation.
357	357	(h) Waterworks and sanitary sewer improvements may be
358	358	undertaken by the district inside or outside the boundaries of the
359	359	district, subject to the following conditions:
360	360	(1) the city shall request that waterworks or sanitary
361	361	sewer improvements be funded by the district;
362	362	(2) the city shall construct, own, operate, and
363	363	maintain the improvements; and
364	364	(3) the district shall comply with Sections 3874.152,
365	365	3874.157, and 3874.160 as a condition for the district to fund the
366	366	improvements.
367	367	Sec. 3874.103. GENERAL POWERS REGARDING CONTRACTS.
368	368	(a) The district may:
369	369	(1) contract with any person to accomplish any
370	370	district purpose, including a contract for:
371	371	(A) the payment, repayment, or reimbursement of
372	372	costs incurred by that person on behalf of the district, including
373	373	all or part of the costs of any improvement project and interest on
374	374	the reimbursed cost; or
375	375	(B) the use, occupancy, lease, rental,
376	376	operation, maintenance, or management of all or part of a proposed
377	377	or existing improvement project; and
378	378	(2) apply for and contract with any person to receive,
379	379	administer, and perform a duty or obligation of the district under a
380	380	federal, state, local, or private gift, grant, loan, conveyance,
381	381	transfer, bequest, or other financial assistance arrangement
382	382	relating to the investigation, planning, analysis, study, design,
383	383	acquisition, construction, improvement, completion,
384	384	implementation, or operation by the district or others of a
385	385	proposed or existing improvement project.
386	386	(b) A contract the district enters into to carry out a
387	387	purpose of this chapter may be on any terms and for any period the
388	388	board determines, including a negotiable or nonnegotiable note or
389	389	warrant payable to the city, Dallas County, or any other person.
390	390	(c) Any person may contract with the district to carry out
391	391	the purposes of this chapter without further statutory or other
392	392	authorization.
393	393	Sec. 3874.104. RULES; ENFORCEMENT. (a) The district may
394	394	adopt rules:
395	395	(1) to administer or operate the district;
396	396	(2) for the use, enjoyment, availability, protection,
397	397	security, and maintenance of the district's property and
398	398	facilities; or
399	399	(3) to provide for public safety and security in the
400	400	district.
401	401	(b) The district may enforce its rules by injunctive relief.
402	402	(c) To the extent a district rule conflicts with a city
403	403	rule, order, or regulation, the city rule, order, or regulation
404	404	controls.
405	405	(d) The district shall provide the city with written notice
406	406	not later than the 30th day before the date of a meeting at which the
407	407	board will adopt rules. The district may not adopt a rule affecting
408	408	the use of a municipally owned asset, such as a public park, street,
409	409	sidewalk, transit facility, or public right-of-way, unless the
410	410	governing body of the city has approved the rule by ordinance,
411	411	order, or resolution.
412	412	Sec. 3874.105. NAME CHANGE. The board by resolution may
413	413	change the district's name. The board shall give written notice of
414	414	the change to the city.
415	415	Sec. 3874.106. ADDING OR REMOVING TERRITORY. The board may
416	416	add or remove territory under Subchapter J, Chapter 49, Water Code,
417	417	and Section 54.016, Water Code, except that:
418	418	(1) the addition or removal of the territory must be
419	419	approved by:
420	420	(A) the governing body of the city by ordinance,
421	421	order, or resolution; and
422	422	(B) the owners of the territory being added or
423	423	removed;
424	424	(2) a reference to a tax in Subchapter J, Chapter 49,
425	425	Water Code, or Section 54.016, Water Code, means an ad valorem tax;
426	426	and
427	427	(3) territory may not be removed from the district if
428	428	bonds or other obligations of the district payable wholly or partly
429	429	from ad valorem taxes or assessments levied or assessed on the
430	430	territory are outstanding.
431	431	Sec. 3874.107. ECONOMIC DEVELOPMENT. (a) The district may
432	432	create economic development and other programs under Section 52-a,
433	433	Article III, Texas Constitution, and may impose and collect ad
434	434	valorem taxes for those purposes. The district has the economic
435	435	development powers that Chapter 380, Local Government Code,
436	436	provides to a municipality with a population of more than 100,000.
437	437	Each economic development program and each project that will
438	438	receive public funds under an economic development program must be
439	439	approved by the governing body of the city by ordinance, order, or
440	440	resolution.
441	441	(b) The district shall provide the city written notice not
442	442	later than the 30th day before the date of a meeting at which the
443	443	board will adopt terms of an economic development program. The
444	444	district may not adopt an economic development program or
445	445	improvement project to be funded under an economic development
446	446	program unless the governing body of the city has approved the
447	447	program or improvement project by ordinance, order, or resolution.
448	448	Sec. 3874.108. NO EMINENT DOMAIN POWER. The district may
449	449	not exercise the power of eminent domain.
450	450	Sec. 3874.109. TERMS OF EMPLOYMENT; COMPENSATION. The
451	451	board may employ and establish the terms of employment and
452	452	compensation of an executive director or general manager and any
453	453	other district employees the board considers necessary. An
454	454	employee may not receive annual compensation of more than $150,000
455	455	from public funds of the district.
456	456	Sec. 3874.110. NOTICE TO PROPERTY OWNERS. (a) The board
457	457	shall annually provide owners of real property in the district
458	458	written notice that specifies the tax of the district for the
459	459	district's next fiscal year in sufficient clarity to describe the
460	460	tax rate for the operation and maintenance of the district and the
461	461	tax rate for the payment of debt service of obligations issued or
462	462	incurred by the district. The written notice must be sent by first
463	463	class United States mail, postage prepaid, to the current address
464	464	of the property owner as reflected on the tax rolls of the appraisal
465	465	district.
466	466	(b) The notice must clearly state that the tax rates on real
467	467	property imposed in the district are in addition to the ad valorem
468	468	taxes imposed by other taxing units that tax real property in the
469	469	boundaries of the district.
470	470	(c) The district shall generate and implement a program to
471	471	provide notification to a prospective purchaser of property in the
472	472	district of the rates of tax and assessments that have been approved
473	473	and are imposed by the district.
474	474	[Sections 3874.111-3874.150 reserved for expansion]
475	475	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
476	476	Sec. 3874.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
477	477	(a) Except as provided by Section 3874.160, the district may:
478	478	(1) impose an ad valorem tax on all taxable property in
479	479	the district to pay for any improvement projects of the types
480	480	authorized by Section 52(b), Article III, and Section 59, Article
481	481	XVI, Texas Constitution, and to secure the payment of bonds issued
482	482	for those purposes;
483	483	(2) impose an assessment on property in the district
484	484	to pay the cost of any authorized improvement project and the cost
485	485	of the maintenance of the project in the manner provided for:
486	486	(A) a district under Subchapters A, E, and F,
487	487	Chapter 375, Local Government Code; or
488	488	(B) a municipality or county under Subchapter A,
489	489	Chapter 372, Local Government Code;
490	490	(3) provide or secure the payment or repayment of any
491	491	bond, note, or other temporary or permanent obligation or
492	492	reimbursement or other contract with any person, the costs and
493	493	expenses of the establishment, administration, and operation of the
494	494	district, and the district's costs or share of the costs or revenue
495	495	of an improvement project or district contractual obligation or
496	496	indebtedness by or through:
497	497	(A) the imposition of an ad valorem tax,
498	498	assessment, user fee, concession fee, or rental charge; and
499	499	(B) any other revenue or resources of the
500	500	district, or other revenue authorized by the city, including
501	501	revenue from a tax increment reinvestment zone created by the city
502	502	under applicable law;
503	503	(4) establish user charges related to the operation of
504	504	storm-water facilities, including the regulation of storm water for
505	505	the protection of water quality in the district;
506	506	(5) establish user charges for the use of nonpotable
507	507	water for irrigation purposes, subject to the approval of the
508	508	governing body of the city;
509	509	(6) undertake separately or jointly with other
510	510	persons, including the city or Dallas County, all or part of the
511	511	cost of any improvement project, including an improvement project:
512	512	(A) for improving, enhancing, and supporting
513	513	public safety and security, fire protection and emergency medical
514	514	services, and law enforcement in and adjacent to the district; or
515	515	(B) that confers a general benefit on the entire
516	516	district or a special benefit on a definable part of the district;
517	517	and
518	518	(7) enter into a tax abatement agreement in accordance
519	519	with the general laws of this state authorizing and applicable to
520	520	tax abatement agreements by municipalities.
521	521	(b) The district may not impose an ad valorem tax to pay for
522	522	an improvement project under this chapter unless the imposition is
523	523	approved by the voters of the district voting at an election held
524	524	for that purpose. The board may call an election to approve the
525	525	imposition of an ad valorem tax to pay for an improvement project
526	526	under this chapter only if the board receives a petition requesting
527	527	the election signed by:
528	528	(A) more than 65 percent of the record owners of
529	529	real property in the district subject to taxation; or
530	530	(B) owners representing more than 65 percent of
531	531	the appraised value of real property in the district subject to
532	532	taxation, as determined by the tax rolls of the appraisal district.
533	533	Sec. 3874.152. BORROWING MONEY. (a) The district may
534	534	borrow money for a district purpose by issuing or executing bonds,
535	535	notes, credit agreements, or other obligations of any kind found by
536	536	the board to be necessary or appropriate for any district purpose.
537	537	The bond, note, credit agreement, or other obligation may be
538	538	secured by and payable from ad valorem taxes, assessments, a
539	539	combination of ad valorem taxes and assessments, or other district
540	540	revenue. The governing body of the city must approve the issuance
541	541	of bonds, notes, credit agreements, or other obligations of the
542	542	district, in general terms before the preparation of preliminary
543	543	official statements or loan closing documents, as provided by the
544	544	development and operating agreement approved by the city in
545	545	accordance with Section 3874.160, or by separate action.
546	546	(b) The governing body of the city must approve the final
547	547	terms of the bond issuance, note, or credit facility, including the
548	548	principal amount, note amount, interest rate or rates, redemption
549	549	provisions, and other terms and conditions relating to the
550	550	issuance.
551	551	(c) The district shall file annual audited financial
552	552	statements with the city's secretary.
553	553	Sec. 3874.153. ASSESSMENTS; EXEMPTION. (a) The district
554	554	may impose an assessment on property in the district, including an
555	555	assessment on residential or commercial property, only in the
556	556	manner provided by Subchapter A, Chapter 372, Local Government
557	557	Code, or Subchapter F, Chapter 375, Local Government Code, for a
558	558	municipality, county, or public improvement district, according to
559	559	the benefit received by the property.
560	560	(b) An assessment on property must be for the limited
561	561	purpose of providing capital funding for:
562	562	(1) public water and wastewater facilities;
563	563	(2) drainage and storm-water facilities;
564	564	(3) streets and alleys; and
565	565	(4) any authorized project under Chapter 372, Local
566	566	Government Code.
567	567	(c) An assessment, a reassessment, or an assessment
568	568	resulting from an addition to or correction of the assessment roll
569	569	by the district, penalties and interest on an assessment or
570	570	reassessment, an expense of collection, and reasonable attorney's
571	571	fees incurred by the district:
572	572	(1) are a first and prior lien against the property
573	573	assessed; and
574	574	(2) are superior to any other lien or claim other than
575	575	a lien or claim for county, school district, or municipal ad valorem
576	576	taxes.
577	577	(d) A lien of an assessment against property under this
578	578	chapter runs with the land, and the portion of an assessment payment
579	579	obligation that has not yet come due is not eliminated by the
580	580	foreclosure of an ad valorem tax lien. Any purchaser of property in
581	581	a foreclosure of an ad valorem tax lien takes the property subject
582	582	to the assessment payment obligations that have not yet come due and
583	583	to the lien and terms of payment under the applicable assessment
584	584	ordinance or order.
585	585	(e) The board may make a correction to or deletion from the
586	586	assessment roll that does not increase the amount of assessment of
587	587	any parcel of land without providing notice and holding a hearing in
588	588	the manner required for additional assessments.
589	589	(f) The district shall file notice of any tax or assessment
590	590	imposed by the district with the county clerk of Dallas County and
591	591	post the notice on the district's Internet website.
592	592	Sec. 3874.154. RESIDENTIAL PROPERTY EXEMPT. Section
593	593	375.161, Local Government Code, does not apply to the district.
594	594	Sec. 3874.155. MAINTENANCE AND OPERATION TAX; ELECTION.
595	595	(a) The district may impose a tax for maintenance and operation
596	596	purposes, including for:
597	597	(1) planning, constructing, acquiring, maintaining,
598	598	repairing, and operating all improvement projects, including land,
599	599	plants, works, facilities, improvements, appliances, and equipment
600	600	of the district; and
601	601	(2) paying costs of services, engineering and legal
602	602	fees, and organization and administrative expenses, including
603	603	expenses of the city payable under the terms of the project
604	604	development agreement described by Section 3874.160.
605	605	(b) The district may not impose a maintenance and operation
606	606	tax for improvement projects under this chapter unless the
607	607	imposition of the tax is approved by the voters of the district
608	608	voting at an election held for that purpose. An election may be
609	609	called only on receipt of a petition as provided by Section
610	610	3874.151(b).
611	611	(c) A maintenance and operation tax election may be held at
612	612	the same time and in conjunction with any other district election.
613	613	The election may be called by a separate election order or as part
614	614	of any other election order.
615	615	Sec. 3874.156. USE OF SURPLUS MAINTENANCE AND OPERATION
616	616	MONEY. If the district has surplus maintenance and operation tax
617	617	money that is not needed for the purposes for which it was
618	618	collected, the money may be used for any authorized purpose.
619	619	Sec. 3874.157. BONDS AND OTHER OBLIGATIONS. (a) Subject
620	620	to the requirements of Sections 3874.159 and 3874.160, the district
621	621	may issue by public or private sale bonds, notes, or other
622	622	obligations payable wholly or partly from ad valorem taxes, or by
623	623	assessments in the manner provided by Subchapter A, Chapter 372,
624	624	Local Government Code, or Subchapter J, Chapter 375, Local
625	625	Government Code.
626	626	(b) In exercising the district's borrowing power, the
627	627	district may issue a bond or other obligation in the form of a bond,
628	628	note, certificate of participation or other instrument evidencing a
629	629	proportionate interest in payments to be made by the district, or
630	630	any other type of obligation.
631	631	(c) In addition to the sources of money described by
632	632	Subchapter A, Chapter 372, Local Government Code, and Subchapter J,
633	633	Chapter 375, Local Government Code, district bonds may be secured
634	634	and made payable wholly or partly by a pledge of any part of the
635	635	money the district receives from system or improvement project
636	636	revenue or from any other source.
637	637	Sec. 3874.158. BOND MATURITY. Bonds may mature not more
638	638	than 40 years from their date of issue.
639	639	Sec. 3874.159. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
640	640	the time bonds or other obligations payable wholly or partly from ad
641	641	valorem taxes are issued:
642	642	(1) the board shall impose a continuing direct annual
643	643	ad valorem tax for each year that all or part of the bonds are
644	644	outstanding; and
645	645	(2) the district annually shall impose an ad valorem
646	646	tax on all taxable property in the district in an amount sufficient
647	647	to:
648	648	(A) pay the interest on the bonds or other
649	649	obligations as the interest becomes due; and
650	650	(B) create a sinking fund for the payment of the
651	651	principal of the bonds or other obligations when due or the
652	652	redemption price at any earlier required redemption date.
653	653	Sec. 3874.160. DEVELOPMENT AND OPERATING AGREEMENT
654	654	REQUIRED. (a) After the district's board is organized, but before
655	655	the district may undertake any improvement project, issue bonds,
656	656	impose taxes, levy assessments or fees, or borrow money, the
657	657	district and the city must negotiate and execute a mutually
658	658	approved and accepted development and operating agreement,
659	659	including any limitations imposed by the city, regarding the plans
660	660	and rules for:
661	661	(1) the exercise of the powers granted to the district
662	662	under this chapter, including the organization, development, and
663	663	operation of the district;
664	664	(2) the selection and description of improvement
665	665	projects that may be undertaken and financed by the district and the
666	666	ownership, operation, and maintenance of those projects;
667	667	(3) the terms, conditions, methods, means, and amounts
668	668	of financing authorized by this chapter that the district may use in
669	669	providing improvement projects; and
670	670	(4) the amounts, methods, and times of reimbursement
671	671	to the city for costs and expenses, if any, incurred by the city
672	672	with respect to the development and operation of the district and
673	673	the financing of improvement projects by the district.
674	674	(b) An agreement authorized by this section is not effective
675	675	until its terms and execution are approved by the board and the
676	676	governing body of the city by resolution.
677	677	[Sections 3874.161-3874.250 reserved for expansion]
678	678	SUBCHAPTER E. DISSOLUTION
679	679	Sec. 3874.251. DISSOLUTION BY CITY ORDINANCE. (a) The
680	680	city by ordinance may dissolve the district.
681	681	(b) The city may not dissolve the district until the
682	682	district's outstanding indebtedness or contractual obligations
683	683	that are payable from ad valorem taxes have been repaid or
684	684	discharged, or the city has affirmatively assumed the obligation to
685	685	pay the outstanding indebtedness from the city's lawfully available
686	686	revenue.
687	687	(c) The city may not dissolve the district until the
688	688	agreement under Section 3874.160 has been executed and the
689	689	district's performance under the agreement has been fulfilled,
690	690	including any right or obligation the district has to reimburse a
691	691	developer or owner for the costs of improvement projects.
692	692	Sec. 3874.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
693	693	(a) If the dissolved district has bonds or other obligations
694	694	outstanding secured by and payable from assessments or other
695	695	revenue, other than ad valorem taxes, the city shall succeed to the
696	696	rights and obligations of the district regarding enforcement and
697	697	collection of the assessments or other revenue.
698	698	(b) The city shall have and exercise all district powers to
699	699	enforce and collect the assessments or other revenue to pay:
700	700	(1) the bonds or other obligations when due and
701	701	payable according to their terms; or
702	702	(2) special revenue or assessment bonds or other
703	703	obligations issued by the city to refund the outstanding bonds or
704	704	obligations.
705	705	Sec. 3874.253. CONCURRENCE ON ADDITIONAL POWERS. If the
706	706	legislature grants the district a power that is in addition to the
707	707	powers approved by the initial resolution of the governing body of
708	708	the city consenting to the creation of the district, the district
709	709	may not exercise that power unless the governing body of the city
710	710	consents to that change by resolution.
711	711	Sec. 3874.254. ASSUMPTION OF ASSETS AND LIABILITIES.
712	712	(a) After the city dissolves the district, the city assumes,
713	713	subject to the appropriation and availability of funds, the
714	714	obligations of the district, including any bonds or other
715	715	indebtedness payable from assessments or other district revenue.
716	716	(b) If the city dissolves the district, the board shall
717	717	transfer ownership of all district property to the city.
718	718	SECTION 2. The Cypress Waters Municipal Management District
719	719	shall include the land described in Subsections (a), (b), and (c) as
720	720	follows:
721	721	(a) TRACT 1:
722	722	BEING a tract of land situated in the John L. Whitman Survey,
723	723	Abstract No. 1521, the Samuel Layton Survey, Abstract No. 784, the
724	724	Nancy Cousey Survey, Abstract No. 318, the Granbury Hendricks
725	725	Survey, Abstract No. 630, the Frances Jones Survey, Abstract No.
726	726	674, the G.W. Laws Survey, Abstract No. 843, the McKinney F.
727	727	Williams Survey, Abstract No. 1054, the S.T. Brown Survey, Abstract
728	728	No. 50, and the I.&G.N.R.R. CO. Survey, Abstract No. 1624 in the
729	729	City of Dallas, Dallas County, Texas, and being a portion of those
730	730	tracts of land described in deed to Luminant Generation Company,
731	731	LLC, formerly TXU Generation Company LP, recorded in Volume
732	732	2001248, Page 11540 of the Deed Records of Dallas County, Texas,
733	733	(D.R.D.C.T.) and being more particularly described as follows:
734	734	POINT OF BEGINNING at a 5/8" iron rod with cap found in the
735	735	northerly right-of-way line of Hackberry Road (a variable width
736	736	public right-of-way), said point bears North 8941'06" East, 590.00
737	737	feet along the northerly right-of-way line of said Hackberry Road
738	738	from a corner clip at the intersection of the easterly right-of-way
739	739	line of Belt Line Road (a variable width public right-of-way);
740	740	THENCE North 0018'56" West, a distance of 1976.12 feet,
741	741	leaving the northerly right-of-way line of said Hackberry Road to a
742	742	5/8" iron rod with cap found for corner;
743	743	THENCE South 8944'36" West, a distance of 620.83 feet, to a
744	744	5/8" iron rod with cap found in the easterly right-of-way line of
745	745	Belt Line Road;
746	746	THENCE along the easterly right-of-way line of said Belt Line
747	747	Road, the following courses and distances to wit:
748	748	--North 0030'48" West, a distance of 1294.82 feet to a 5/8"
749	749	iron rod with cap found for corner;
750	750	--North 0511'50" East, a distance of 402.00 feet to a 5/8"
751	751	iron rod with cap found for corner;
752	752	--North 0030'48" West, a distance of 96.02 feet to a 5/8"
753	753	iron rod with cap found for corner;
754	754	--North 0030'45" West, a distance of 303.98 feet to a point
755	755	for corner;
756	756	--North 0511'50" East, a distance of 100.50 feet to a point
757	757	for corner;
758	758	--North 0030'48" West, a distance of 200.00 feet to a point
759	759	for corner;
760	760	--North 0801'03" East, a distance of 202.23 feet to a point
761	761	for corner;
762	762	--North 0030'48" West, a distance of 34.77 feet to a point
763	763	for beginning of a curve to the left;
764	764	THENCE leaving the easterly right-of-way line of said Belt
765	765	Line Road, the following courses and distances to wit:
766	766	--Easterly, with said curve to the left, through a central
767	767	angle of 2917'33", having a radius of 800.00 feet, and a chord
768	768	bearing and distance of North 7220'38" East, 404.56 feet, an arc
769	769	length of 409.00 feet to a point for corner;
770	770	--North 5741'51" East, a distance of 391.61 feet to a point
771	771	for the beginning of a curve to the right;
772	772	--Easterly, with said curve to the right, through a central
773	773	angle of 3749'32", having a radius of 400.00 feet, and a chord
774	774	bearing and distance of North 7636'37" East, 259.30 feet, an arc
775	775	length of 264.07 feet to a point for the beginning of a curve to the
776	776	left;
777	777	--Easterly, with said curve to the left, through a central
778	778	angle of 4738'09", having a radius of 1392.55 feet, and a chord
779	779	bearing and distance of North 6538'40" East, 1124.71 feet, an arc
780	780	length of 1157.76 feet to a point for corner;
781	781	--North 4153'27" East, a distance of 203.89 feet to a point
782	782	for the beginning of a curve to the right;
783	783	--Easterly, with said curve to the right, through a central
784	784	angle of 1123'28", having a radius of 668.73 feet, and a chord
785	785	bearing and distance of North 5513'43" East, 132.73 feet, an arc
786	786	length of 132.95 feet to the beginning of a curve to the right;
787	787	--Easterly with said curve to the right, through a central
788	788	angle of 4734'24", having a radius of 652.00 feet, and a chord
789	789	bearing and distance of South 8952'05" East, 525.94 feet, an arc
790	790	length of 541.36 feet to the beginning of a curve to the left;
791	791	--Eastlery, with said curve to the left, through a central
792	792	angle of 7420'01", having a radius of 209.47 feet, and a chord
793	793	bearing and distance of North 8312'19" East, 253.10 feet, an arc
794	794	length of 271.76 feet to a point for corner;
795	795	--North 6557'43" East, a distance of 180.40 feet to a point
796	796	for the beginning of a curve to the right;
797	797	--Easterly, with said curve to the right, through a central
798	798	angle of 9801'46", having a radius of 150.00 feet, and a chord
799	799	bearing and distance of South 6501'24" East, 226.46 feet, an arc
800	800	length of 256.64 feet to a point for corner;
801	801	--South 1600'31" East, a distance of 320.31 feet to a point
802	802	for the beginning of a curve to the right;
803	803	--Southerly, with said curve to the right, through a central
804	804	angle of 5330'19", having a radius of 400.00 feet, and a chord
805	805	bearing and distance of South 1044'39" West, 360.11 feet, an arc
806	806	length of 373.54 feet to a point for corner;
807	807	--South 3729'48" West, a distance of 128.31 feet to a point
808	808	for the beginning of a curve to the left;
809	809	--Southerly, with said curve to the left, through a central
810	810	angle of 2535'51", having a radius of 500.00 feet, and a chord
811	811	bearing and distance of South 2441'53" West, 221.53 feet, an arc
812	812	length of 223.38 feet to a point for corner;
813	813	--South 1153'58" West, a distance of 296.88 feet to a point
814	814	for corner;
815	815	--South 1448'07" West, a distance of 94.75 feet to a point
816	816	for corner;
817	817	--South 3035'42" West, a distance of 135.14 feet to a point
818	818	for corner;
819	819	--South 5812'25" East, a distance of 38.46 feet to a point
820	820	for corner;
821	821	--South 5610'00" East, a distance of 98.02 feet to a point
822	822	for corner;
823	823	--South 5834'37" East, a distance of 513.21 feet to a point
824	824	for corner;
825	825	--North 3035'42" East, a distance of 169.61 feet to a point
826	826	for corner for the beginning of a non-radial curve to the right;
827	827	--Easterly, with said non-radial curve to the right, through
828	828	a central angle of 4201'18", having a radius of 1900.00 feet, and a
829	829	chord bearing and distance of North 4256'22" East, 1362.47 feet, an
830	830	arc length of 1393.49 feet to a point for corner;
831	831	--North 6357'01" East, a distance of 107.71 feet to a point
832	832	for the beginning of curve to the right;
833	833	--Easterly, with said curve to the right, through a central
834	834	angle of 9223'27", having a radius of 600.00 feet, and a chord
835	835	bearing and distance of South 6951'15" East, 866.05 feet, an arc
836	836	length of 967.52 feet to a point for corner;
837	837	--South 2339'31" East, a distance of 295.48 feet to a point
838	838	for the beginning of a curve to the left;
839	839	--Easterly, with said curve to the left, through a central
840	840	angle of 10253'22", having a radius of 543.45 feet, and a chord
841	841	bearing and distance of South 8052'54" East, 849.96 feet, an arc
842	842	length of 975.90 feet for the beginning of a curve to the right;
843	843	--Easterly, with said curve to the right, through a central
844	844	angle of 4550'08", having a radius of 403.98 feet, and a chord
845	845	bearing and distance of North 7035'29" East, 314.62 feet, an arc
846	846	length of 323.17 feet to a point for corner;
847	847	--South 8645'34" East, a distance of 611.56 feet to a 5/8"
848	848	iron rod with cap found for corner;
849	849	--North 8959'58" East, a distance of 386.45 feet to a 5/8"
850	850	iron rod with cap found for corner;
851	851	--South 0012'41" East, a distance of 809.16 feet to a "PK"
852	852	nail found for corner;
853	853	--South 0046'21" East, a distance of 3604.12 feet to a 5/8"
854	854	iron rod with cap found for corner, said point being the northwest
855	855	corner of a called 4997 square feet tract, as described in deed to
856	856	Ensearch Corporation, recorded in Volume 84064, Page 1370,
857	857	D.R.D.C.T.;
858	858	--North 8908'31" West, a distance of 80.00 feet to a 5/8"
859	859	iron rod with cap found for corner;
860	860	--South 0046'21" East, a distance of 62.53 feet to a 5/8"
861	861	iron rod with cap found for corner, said point being in the
862	862	northerly right-of-way line of Ranch Trail, (a variable width
863	863	public right-of-way);
864	864	THENCE along the northerly right-of-way line of said Ranch
865	865	Trail, the following courses and distances to wit:
866	866	--North 8908'30" West, a distance of 1284.00 feet to a 5/8"
867	867	iron rod with cap found for corner;
868	868	--North 8759'44" West, a distance of 200.25 feet to a 5/8"
869	869	iron rod with cap found for corner;
870	870	--North 8908'31" West, a distance of 209.36 feet to a 5/8"
871	871	iron rod with cap found for corner;
872	872	THENCE leaving the northerly right-of-way line of said Ranch
873	873	Trail, the following courses and distances to wit:
874	874	--North 0051'29" East, a distance of 443.28 feet to a 5/8"
875	875	iron rod with cap found for corner;
876	876	--North 2925'57" West, a distance of 323.94 feet to a 5/8"
877	877	iron rod with cap found for corner;
878	878	--North 8908'31" West, a distance of 591.20 feet to a 5/8"
879	879	iron rod with cap found for corner;
880	880	--South 0051'29" West, a distance of 723.00 feet to a 5/8"
881	881	iron rod with cap found for corner, said point being in the
882	882	northerly right-of-way line of said Ranch Trail;
883	883	THENCE along the northerly right-of-way line of said Ranch
884	884	Trail, the following courses and distances to wit:
885	885	--North 8908'31" West, a distance of 1216.91 feet to a 5/8"
886	886	iron rod with cap found for corner;
887	887	--North 8918'32" West, a distance of 172.18 feet to a 5/8"
888	888	iron rod with cap found for corner;
889	889	THENCE leaving the northerly right-of-way line of said Ranch
890	890	Trail, along the westerly line of a Transmission Easement, recorded
891	891	in Volume 2001248, Page 11540, D.R.D.C.T., the following courses
892	892	and distances to wit:
893	893	--North 2740'25" East, a distance of 906.98 feet to a point
894	894	for corner;
895	895	--North 2152'30" East, a distance of 576.98 feet to a point
896	896	for corner;
897	897	--North 5519'47" West, a distance of 602.33 feet to a point
898	898	for corner;
899	899	--North 5818'20" West, a distance of 1662.99 feet to a point
900	900	for corner;
901	901	THENCE South 0041'28" West, a distance of 2541.69 feet,
902	902	leaving the westerly line of said Transmission Easement, to a 5/8"
903	903	iron rod with cap found for corner, said point being in the
904	904	northerly right-of-way line of said Hackberry Road;
905	905	THENCE North 8908'11" West, a distance of 2065.95 feet, along
906	906	the northerly right-of-way line of said Hackberry Road to the POINT
907	907	OF BEGINNING, and containing a Gross Area of 759.35 acres
908	908	(33,077,408 square feet) of land, more or less;
909	909	SAVE AND EXCEPT THEREFROM THE FOLLOWING 4 TRACTS:
910	910	SAVE AND EXCEPT ( #1 ) a portion of land being more
911	911	particularly described as follows:
912	912	POINT OF COMMENCING at a 5/8" iron rod with cap found for
913	913	corner, said point being in the northerly right-of-way line of said
914	914	Ranch Trail, said point also being the southwest corner of said
915	915	called 4997 square feet tract;
916	916	THENCE North 8908'30" West, a distance of 638.81 feet, along
917	917	the northerly right-of-way line of said Ranch Trail;
918	918	THENCE North 0051'30" East, a distance of 681.35 feet,
919	919	departing the northerly right-of-way line of said Ranch Trail, to
920	920	an iron rod found for corner, said point being the POINT OF
921	921	BEGINNING;
922	922	THENCE North 8432'23" West, a distance of 851.35 feet to a
923	923	point for corner;
924	924	THENCE North 0550'00" East, a distance of 648.19 feet to an
925	925	iron rod found for corner;
926	926	THENCE South 8409'37" East, a distance of 849.39 feet to an
927	927	iron rod found for corner;
928	928	THENCE South 0539'37" West, a distance of 642.56 feet to the
929	929	POINT OF BEGINNING, and containing 12.60 acres (548,801 square
930	930	feet) of land, more or less.
931	931	SAVE AND EXCEPT ( #2 ) a portion of land being more
932	932	particularly described as follows:
933	933	POINT OF COMMENCING at a 5/8" iron rod with cap found for
934	934	corner, said point being in the northerly right-of-way line of said
935	935	Ranch Trail, said point also being the southwest corner of said
936	936	called 4997 square feet tract;
937	937	THENCE North 8908'30" West, a distance of 311.43 feet, along
938	938	the northerly right-of-way line of said Ranch Trail;
939	939	THENCE North 0051'30" East, a distance of 391.56 feet,
940	940	departing the northerly right-of-way line of said Ranch Trail, to
941	941	the POINT OF BEGINNING;
942	942	THENCE North 8959'58" West, a distance of 667.90 feet to a
943	943	point for corner;
944	944	THENCE North 0048'46" East, a distance of 327.21 feet to a
945	945	point for corner;
946	946	THENCE South 8432'23" East, a distance of 341.81 feet to an
947	947	iron rod found for corner;
948	948	THENCE North 0539'37" East, a distance of 51.68 feet to a
949	949	point for corner;
950	950	THENCE South 4950'24" East, a distance of 371.29 feet to a
951	951	point for corner;
952	952	THENCE South 1745'24" East, a distance of 111.97 feet to the
953	953	POINT OF BEGINNING, and containing 4.00 acres (174,236 square feet)
954	954	of land, more or less.
955	955	SAVE AND EXCEPT ( #3 ) a portion of land being more
956	956	particularly described as follows:
957	957	POINT OF COMMENCING at a 5/8" iron rod with cap found for
958	958	corner, said point being in the northerly right-of-way line of said
959	959	Ranch Trail, said point also being the southwest corner of said
960	960	called 4997 square feet tract;
961	961	THENCE along the northerly right-of-way line of said Ranch
962	962	Trail, the following courses and distances to wit:
963	963	-- North 8908'30" West, a distance of 1284.00 feet, to a
964	964	point for corner;
965	965	-- North 8759'44" West, a distance of 200.25 feet, to a point
966	966	for corner;
967	967	-- North 8908'31" West, a distance of 1265.07 feet, to a
968	968	point for corner;
969	969	THENCE North 0051'29" East, a distance of 680.57 feet,
970	970	departing the northerly right-of-way line of said Ranch Trail, to
971	971	the POINT OF BEGINNING;
972	972	THENCE North 8446'39" West, a distance of 453.47 feet to a
973	973	point for corner;
974	974	THENCE North 3246'18" East, a distance of 682.55 feet to a
975	975	point for corner;
976	976	THENCE South 8446'39" East, a distance of 330.77 feet to a
977	977	point for corner;
978	978	THENCE South 2006'59" East, a distance of 227.25 feet to a
979	979	point for corner;
980	980	THENCE South 3246'18" West, a distance of 369.20 feet to a
981	981	point for corner;
982	982	THENCE South 6359'50" West, a distance of 139.72 feet to the
983	983	POINT OF BEGINNING, and containing 6.89 acres (299,912 square feet)
984	984	of land, more or less.
985	985	SAVE AND EXCEPT ( #4 ) a portion of land being more
986	986	particularly described as follows:
987	987	POINT OF COMMENCING at a 5/8" iron rod with cap found for
988	988	corner, said point being in the easterly right-of-way line of said
989	989	Belt Line Road, said point also being the northerly most southwest
990	990	corner of Tract 1;
991	991	THENCE North 0030'48" West, a distance of 1192.95 feet, along
992	992	the easterly right-of-way line of said Belt Line Road;
993	993	THENCE North 8929'12" East, a distance of 984.48 feet,
994	994	departing the easterly right-of-way line of said Belt Line Road, to
995	995	the POINT OF BEGINNING;
996	996	THENCE North 1318'20" West, a distance of 186.88 feet to a
997	997	point for corner;
998	998	THENCE North 3141'40" East, a distance of 277.00 feet to a
999	999	point for corner;
1000	1000	THENCE South 5818'20" East, a distance of 575.00 feet to a
1001	1001	point for corner;
1002	1002	THENCE South 3141'40" West, a distance of 277.00 feet to a
1003	1003	point for corner;
1004	1004	THENCE South 7641'40" West, a distance of 186.88 feet to a
1005	1005	point for corner;
1006	1006	THENCE North 5818'20" West, a distance of 310.71 feet to the
1007	1007	POINT OF BEGINNING, and containing 5.00 acres (217,798 square feet)
1008	1008	of land, more or less, and leaving TRACT 1 with a Net Area of 730.86
1009	1009	acres (31,836,661 square feet) of land, more or less.
1010	1010	(b) TRACT 2:
1011	1011	BEING a tract of land situated in the Jacob G. Carlock Survey,
1012	1012	Abstract No. 312, the Nancy Cousey Survey, Abstract No. 318, and the
1013	1013	McKinney F. Williams Survey, Abstract No. 1054, in the City of
1014	1014	Dallas, Dallas County, Texas, and being a portion of those tracts of
1015	1015	land described in deed to Luminant Generation Company, LLC,
1016	1016	formerly TXU Generation Company LP, recorded in Volume 2001248,
1017	1017	Page 11540 of the Deed Records of Dallas County, Texas, and being
1018	1018	more particularly described as follows:
1019	1019	POINT OF COMMENCING at a 5/8" iron pipe with cap found at a
1020	1020	corner clip at the intersection of the southerly right-of-way line
1021	1021	of East Belt Line Road (a variable width public right-of-way) and
1022	1022	the easterly right-of-way line of Sanders Loop (a 60-foot width
1023	1023	right-of-way);
1024	1024	THENCE along the southerly right-of-way line of said East
1025	1025	Belt Line Road, the following courses and distances to wit:
1026	1026	--North 8941'24" East, a distance of 666.55 feet, to a 1/2"
1027	1027	iron pipe with cap found for corner for the beginning of a curve to
1028	1028	the left;
1029	1029	--Easterly, with said curve to the left, through a central
1030	1030	angle of 1445'11", having a radius of 1684.45 feet, and a chord
1031	1031	bearing and distance of North 8218'48" East, 432.53 feet, an arc
1032	1032	length of 433.73 feet to a 1/2" iron pipe with cap found for corner
1033	1033	for the POINT OF BEGINNING, said point being the beginning of a
1034	1034	curve to the left;
1035	1035	THENCE continuing along the southerly right-of-way line of
1036	1036	said East Belt Line Road, the following courses and distances to
1037	1037	wit:
1038	1038	--Easterly, with said curve to the left, through a central
1039	1039	angle of 4420'08", having a radius of 1492.40 feet, and a chord
1040	1040	bearing and distance of North 5148'48" East, 1126.23 feet, an arc
1041	1041	length of 1154.82 feet to a point for corner;
1042	1042	--North 2938'44" East, a distance of 579.43 feet, to a 1"
1043	1043	iron rod found for corner for the beginning of a curve to the right;
1044	1044	--Easterly, with said curve to the right, through a central
1045	1045	angle of 3743'34", having a radius of 1849.85 feet, and a chord
1046	1046	bearing and distance of North 4830'31" East, 1196.14 feet, an arc
1047	1047	length of 1218.02 feet to a 1/2" iron rod found for corner;
1048	1048	--North 6722'17" East, a distance of 1490.05 feet, to a 3/4"
1049	1049	iron pipe found for corner for the beginning of a curve to the
1050	1050	right;
1051	1051	--Easterly, with said curve to the right, through a central
1052	1052	angle of 4116'11", having a radius of 2804.79 feet, and a chord
1053	1053	bearing and distance of North 8758'47" East, 1976.88 feet, an arc
1054	1054	length of 2020.27 feet to a point for corner at a corner clip at the
1055	1055	intersection of the southerly right-of-way line of said East Belt
1056	1056	Line Road and the westerly right-of-way line of South Northlake
1057	1057	Road (an 80-foot width right-of-way);
1058	1058	THENCE along the westerly right-of-way line of said South
1059	1059	Northlake Road, the following courses and distances to wit:
1060	1060	--South 2607'21" East, a distance of 57.54 feet, to a point
1061	1061	for corner for the beginning of a non-tangent curve to the left;
1062	1062	--Southerly, with said non-tangent curve to the left, through
1063	1063	a central angle of 1715'16", having a radius of 858.51 feet, and a
1064	1064	chord bearing and distance of South 0809'10" West, 257.56 feet, an
1065	1065	arc length of 258.54 feet to a point for corner;
1066	1066	--South 0028'28" East, a distance of 331.72 feet, to a point
1067	1067	for corner;
1068	1068	--South 0103'30" East, a distance of 446.34 feet, to a mag
1069	1069	nail found for corner;
1070	1070	THENCE leaving the westerly right-of-way line of said South
1071	1071	Northlake Road, the following courses and distances to wit:
1072	1072	--South 0041'14" West, a distance of 59.74 feet, to a point
1073	1073	for corner;
1074	1074	--North 8938'49" East, a distance of 37.29 feet, to a 1/2"
1075	1075	iron pipe with cap found for corner;
1076	1076	--South 0034'34" East, a distance of 663.61 feet, to a point
1077	1077	for corner;
1078	1078	--South 8959'58" West, a distance of 907.02 feet, to a point
1079	1079	for corner;
1080	1080	--South 2705'01" East, a distance of 128.90 feet, to a point
1081	1081	for corner;
1082	1082	--North 6914'19" West, a distance of 61.87 feet, to a point
1083	1083	for corner;
1084	1084	--North 8929'16" West, a distance of 799.56 feet, to a point
1085	1085	for corner;
1086	1086	--North 8702'10" West, a distance of 844.03 feet, to a point
1087	1087	for corner for the beginning of a curve to the right;
1088	1088	--Westerly, with said curve to the right, through a central
1089	1089	angle of 1719'38", having a radius of 100.00 feet, and a chord
1090	1090	bearing and distance of North 7822'21" West, 30.13 feet, an arc
1091	1091	length of 30.24 feet to a point for corner;
1092	1092	--North 6942'32" West, a distance of 118.61 feet, to a point
1093	1093	for corner;
1094	1094	--South 3117'57" West, a distance of 427.71 feet, to a point
1095	1095	for corner for the beginning of a curve to the left;
1096	1096	--Southerly, with said curve to the left, through a central
1097	1097	angle of 2851'04", having a radius of 1375.75 feet, and a chord
1098	1098	bearing and distance of South 1200'33" West, 685.46 feet, an arc
1099	1099	length of 692.75 feet to a point for corner for the beginning of a
1100	1100	reverse curve to the right;
1101	1101	--Southerly, with said reverse curve to the right, through a
1102	1102	central angle of 1236'46", having a radius of 1738.86 feet, and a
1103	1103	chord bearing and distance of South 0831'33" West, 382.01 feet, an
1104	1104	arc length of 382.78 feet to a point for corner;
1105	1105	--South 1530'32" West, a distance of 34.97 feet, to a point
1106	1106	for corner for the beginning of a curve to the left;
1107	1107	--Southerly, with said curve to the left, through a central
1108	1108	angle of 7433'21", having a radius of 50.00 feet, and a chord
1109	1109	bearing and distance of South 2146'08" East, 60.57 feet, an arc
1110	1110	length of 65.06 feet to a point for corner;
1111	1111	--South 5902'48" East, a distance of 9.59 feet, to a point
1112	1112	for corner for the beginning of a curve to the right;
1113	1113	--Southerly, with said curve to the right, through a central
1114	1114	angle of 12619'40", having a radius of 25.00 feet, and a chord
1115	1115	bearing and distance of South 0407'02" West, 44.62 feet, an arc
1116	1116	length of 55.12 feet to a point for corner;
1117	1117	--South 6716'52" West, a distance of 57.30 feet, to a point
1118	1118	for corner for the beginning of a curve to the left;
1119	1119	--Southerly, with said curve to the left, through a central
1120	1120	angle of 4503'15", having a radius of 50.00 feet, and a chord
1121	1121	bearing and distance of South 4445'14" West, 38.31 feet, an arc
1122	1122	length of 39.32 feet to a point for corner;
1123	1123	--South 2213'36" West, a distance of 51.27 feet, to a point
1124	1124	for corner for the beginning of a curve to the right;
1125	1125	--Southerly, with said curve to the right, through a central
1126	1126	angle of 1252'49", having a radius of 1738.86 feet, and a chord
1127	1127	bearing and distance of South 2930'27" West, 390.08 feet, an arc
1128	1128	length of 390.90 feet to a point for corner;
1129	1129	--South 3734'26" West, a distance of 135.48 feet, to a point
1130	1130	for corner for the beginning of a curve to the left;
1131	1131	--Southerly, with said curve to the left, through a central
1132	1132	angle of 5113'26", having a radius of 50.00 feet, and a chord
1133	1133	bearing and distance of South 1157'43" West, 43.23 feet, an arc
1134	1134	length of 44.70 feet to a point for corner;
1135	1135	--South 1339'00" East, a distance of 151.04 feet, to a point
1136	1136	for corner for the beginning of a curve to the right;
1137	1137	--Southwesterly, with said curve to the right, through a
1138	1138	central angle of 12116'27", having a radius of 50.00 feet, and a
1139	1139	chord bearing and distance of South 4659'14" West, 87.15 feet, an
1140	1140	arc length of 105.83 feet to a point for corner;
1141	1141	--North 7222'33" West, a distance of 242.60 feet, to a point
1142	1142	for corner for the beginning of a curve to the left;
1143	1143	--Westerly, with said curve to the left, through a central
1144	1144	angle of 3320'29", having a radius of 200.00 feet, and a chord
1145	1145	bearing and distance of North 8902'47" West, 114.75 feet, an arc
1146	1146	length of 116.38 feet to a point for corner;
1147	1147	--South 7416'58" West, a distance of 575.84 feet, to a point
1148	1148	for corner for the beginning of a curve to the right;
1149	1149	--Southwesterly, with said curve to the right, through a
1150	1150	central angle of 0756'12", having a radius of 100.00 feet, and a
1151	1151	chord bearing and distance of South 7815'04" West, 13.84 feet, an
1152	1152	arc length of 13.85 feet to a point for corner;
1153	1153	--South 8213'10" West, a distance of 348.79 feet, to a point
1154	1154	for corner for the beginning of a curve to the left;
1155	1155	--Southwesterly, with said curve to the left, through a
1156	1156	central angle of 2016'51", having a radius of 100.00 feet, and a
1157	1157	chord bearing and distance of South 7204'44" West, 35.21 feet, an
1158	1158	arc length of 35.40 feet to a point for corner;
1159	1159	--South 6156'19" West, a distance of 104.25 feet, to a point
1160	1160	for corner for the beginning of a non-tangent curve to the left;
1161	1161	--Southwesterly, with said non-tangent curve to the left,
1162	1162	through a central angle of 3548'44", having a radius of 451.03
1163	1163	feet, and a chord bearing and distance of South 4733'03" West,
1164	1164	277.34 feet, an arc length of 281.91 feet to a point for corner for
1165	1165	the beginning of a non-tangent reverse curve to the right;
1166	1166	--Southwesterly, with said non-tangent reverse curve to the
1167	1167	right, through a central angle of 2143'25", having a radius of
1168	1168	1682.82 feet, and a chord bearing and distance of South 4800'48"
1169	1169	West, 634.22 feet, an arc length of 638.04 feet to a point for
1170	1170	corner for the beginning of a compound curve to the right;
1171	1171	--Southwesterly, with said compound curve to the right,
1172	1172	through a central angle of 3331'06", having a radius of 1000.00
1173	1173	feet, and a chord bearing and distance of South 7538'03" West,
1174	1174	576.70 feet, an arc length of 585.00 feet to a point for corner for
1175	1175	the beginning of a reverse curve to the left;
1176	1176	--Southwesterly, with said reverse curve to the left, through
1177	1177	a central angle of 5711'43", having a radius of 100.00 feet, and a
1178	1178	chord bearing and distance of South 6347'45" West, 95.73 feet, an
1179	1179	arc length of 99.82 feet to a point for corner for the beginning of a
1180	1180	reverse curve to the right;
1181	1181	--Southwesterly, with said reverse curve to the right,
1182	1182	through a central angle of 5520'21", having a radius of 849.05
1183	1183	feet, and a chord bearing and distance of South 6252'04" West,
1184	1184	788.55 feet, an arc length of 820.05 feet to a point for corner;
1185	1185	--West, a distance of 187.74 feet, to a point for corner, said
1186	1186	point being in the easterly right-of-way line of South Belt Line
1187	1187	Road (a variable width public right-of-way);
1188	1188	THENCE along the easterly right-of-way line of said South
1189	1189	Belt Line Road, the following courses and distances to wit:
1190	1190	--North 0034'47" West, a distance of 41.91 feet, to a point
1191	1191	for corner;
1192	1192	--North 0034'57" West, a distance of 283.17 feet, to a 5/8"
1193	1193	iron rod with cap found for corner;
1194	1194	--North 0032'02" West, a distance of 1232.51 feet, to an "X"
1195	1195	found for corner at a corner clip at the intersection of the
1196	1196	easterly right-of-way line of said South Belt Line Road and the
1197	1197	southerly right-of-way line of said Sanders Loop;
1198	1198	THENCE along the southerly and easterly right-of-way line of
1199	1199	said Sanders Loop, the following courses and distances to wit:
1200	1200	--North 4443'45" East, a distance of 28.28 feet, to an "X"
1201	1201	found for corner;
1202	1202	--North 8937'59" East, a distance of 521.23 feet, to a 5/8"
1203	1203	iron pipe with cap found for corner;
1204	1204	--North 0041'00" West, a distance of 506.40 feet, to a point
1205	1205	for corner;
1206	1206	THENCE departing the easterly right-of-way line of said
1207	1207	Sanders Loop, the following courses and distances to wit:
1208	1208	--North 8959'58" East, a distance of 1023.17 feet, to a point
1209	1209	for corner, said point being in the westerly line of a 170-foot wide
1210	1210	Electric Transmission Easement (Tract 1) in Special Warranty Deed
1211	1211	recorded in Volume 2001248, Page 11540, D.R.D.C.T.;
1212	1212	--North 2008'20" East, a distance of 633.78 feet, along the
1213	1213	westerly line of a said Electric Transmission Easement, to a point
1214	1214	for corner;
1215	1215	--North 3846'45" East, a distance of 245.52 feet, continuing
1216	1216	along the westerly line of a said Electric Transmission Easement,
1217	1217	to a point for corner;
1218	1218	--South 8959'58" West, a distance of 278.55 feet, departing
1219	1219	the westerly line of a said Electric Transmission Easement, to the
1220	1220	POINT OF BEGINNING, and containing a Gross Area of 338.88 acres
1221	1221	(14,761,616 square feet) of land, more or less;
1222	1222	SAVE AND EXCEPT THEREFROM THE FOLLOWING 3 TRACTS:
1223	1223	SAVE AND EXCEPT ( #1 ) a portion of land being more
1224	1224	particularly described as follows:
1225	1225	POINT OF COMMENCING at a 5/8" iron pipe with cap found at a
1226	1226	corner clip at the intersection of the southerly right-of-way line
1227	1227	of said East Belt Line Road and the easterly right-of-way line of
1228	1228	said Sanders Loop;
1229	1229	THENCE along the southerly right-of-way line of said East
1230	1230	Belt Line Road, the following courses and distances to wit:
1231	1231	--North 8941'24" East, a distance of 666.55 feet, to a 1/2"
1232	1232	iron pipe with cap found for corner for the beginning of a curve to
1233	1233	the left;
1234	1234	--Easterly, with said curve to the left, through a central
1235	1235	angle of 1445'11", having a radius of 1684.45 feet, and a chord
1236	1236	bearing and distance of North 8218'48" East, 432.53 feet, an arc
1237	1237	length of 433.73 feet to a 1/2" iron pipe with cap found for corner
1238	1238	for the POINT OF BEGINNING, said point being the beginning of a
1239	1239	curve to the left;
1240	1240	THENCE continuing along the southerly right-of-way line of
1241	1241	said East Belt Line Road, the following courses and distances to
1242	1242	wit:
1243	1243	--Easterly, with said curve to the left, through a central
1244	1244	angle of 4420'08", having a radius of 1492.40 feet, and a chord
1245	1245	bearing and distance of North 5148'48" East, 1126.23 feet, an arc
1246	1246	length of 1154.82 feet to a point for corner;
1247	1247	--North 2938'44" East, a distance of 579.43 feet, to a 1"
1248	1248	iron rod found for corner for the beginning of a curve to the right;
1249	1249	--Easterly, with said curve to the right, through a central
1250	1250	angle of 3743'34", having a radius of 1849.85 feet, and a chord
1251	1251	bearing and distance of North 4830'31" East, 1196.14 feet, an arc
1252	1252	length of 1218.02 feet to a 1/2" iron rod found for corner;
1253	1253	--North 6722'17" East, a distance of 1490.05 feet, to a 3/4"
1254	1254	iron pipe found for corner for the beginning of a curve to the
1255	1255	right;
1256	1256	--Easterly, with said curve to the right, through a central
1257	1257	angle of 0415'22", having a radius of 2804.79 feet, and a chord
1258	1258	bearing and distance of North 6928'23" East, 208.30 feet, an arc
1259	1259	length of 208.35 feet to a point for corner;
1260	1260	THENCE departing the southerly right-of-way line of said East
1261	1261	Belt Line Road, the following courses and distances to wit:
1262	1262	--South 1037'36" East, a distance of 152.65 feet, to a point
1263	1263	for corner;
1264	1264	--South 0757'55" East, a distance of 246.27 feet, to a point
1265	1265	for corner;
1266	1266	--North 7748'47" East, a distance of 1000.02 feet, to a point
1267	1267	for corner;
1268	1268	--South 6202'11" East, a distance of 263.63 feet, to a point
1269	1269	for corner;
1270	1270	--South 7748'46" East, a distance of 549.80 feet, to a point
1271	1271	for corner;
1272	1272	--South 0000'02" East, a distance of 219.19 feet, to a point
1273	1273	for corner;
1274	1274	--North 8959'58" East, a distance of 1036.92 feet, to a point
1275	1275	for corner;
1276	1276	--South 0757'55" East, a distance of 246.27 feet, to a point
1277	1277	for corner, said point being in the westerly right-or-way line of
1278	1278	said South Northlake Road;
1279	1279	THENCE South 0103'30" East, a distance of 446.34 feet, along
1280	1280	the westerly right-of-way line of said South Northlake Road, to a
1281	1281	mag nail found for corner;
1282	1282	THENCE South 0041'14" West, a distance of 59.74 feet,
1283	1283	departing the westerly right-of-way line of said South Northlake
1284	1284	Road, to a point for corner;
1285	1285	THENCE North 8938'49" East, a distance of 37.29 feet, to a
1286	1286	1/2" iron pipe with cap found for corner;
1287	1287	THENCE South 0034'34" East, a distance of 663.61 feet, to a
1288	1288	point for corner;
1289	1289	THENCE South 8959'58" West, a distance of 907.02 feet, to a
1290	1290	point for corner;
1291	1291	THENCE South 2705'01" East, a distance of 128.90 feet, to a
1292	1292	point for corner;
1293	1293	THENCE North 6914'19" West, a distance of 61.87 feet, to a
1294	1294	point for corner;
1295	1295	THENCE South 8929'16" West, a distance of 799.56 feet, to a
1296	1296	point for corner;
1297	1297	THENCE North 8702'10" West, a distance of 844.03 feet, to a
1298	1298	point for corner for the beginning of a curve to the left;
1299	1299	THENCE westerly, with said curve to the left, through a
1300	1300	central angle of 1719'38", having a radius of 100.00 feet, and a
1301	1301	chord bearing and distance of North 7822'21" West, 30.13 feet, an
1302	1302	arc length of 30.24 feet to a point for corner;
1303	1303	THENCE North 6942'32" West, a distance of 118.61 feet, to a
1304	1304	point for corner;
1305	1305	THENCE North 7357'13" West, a distance of 50.94 feet, to a
1306	1306	point for corner;
1307	1307	THENCE North 6729'55" West, a distance of 376.50 feet, to a
1308	1308	point for corner;
1309	1309	THENCE North 7124'21" West, a distance of 478.92 feet, to a
1310	1310	point for corner;
1311	1311	THENCE South 6019'57" West, a distance of 469.83 feet, to a
1312	1312	point for corner;
1313	1313	THENCE South 5157'35" West, a distance of 476.83 feet, to a
1314	1314	point for corner;
1315	1315	THENCE South 5129'18" West, a distance of 450.28 feet, to a
1316	1316	point for corner;
1317	1317	THENCE South 5518'30" West, a distance of 202.63 feet, to a
1318	1318	point for corner;
1319	1319	THENCE South 3633'51" West, a distance of 258.05 feet, to a
1320	1320	point for corner;
1321	1321	THENCE South 8959'58" West, a distance of 465.27 feet, to the
1322	1322	POINT OF BEGINNING, and containing 132.11 acres (5,754,834 square
1323	1323	feet) of land, more or less.
1324	1324	SAVE AND EXCEPT ( #2 ) a portion of land being more
1325	1325	particularly described as follows:
1326	1326	POINT OF COMMENCING at a corner clip at the intersection of
1327	1327	the southerly right-of-way line of said East Belt Line Road and the
1328	1328	westerly right-of-way line of said South Northlake Road;
1329	1329	THENCE along the westerly right-of-way line of said South
1330	1330	Northlake Road, the following courses and distances to wit:
1331	1331	--South 2607'21" East, a distance of 57.54 feet, to a point
1332	1332	for corner for the beginning of a non-tangent curve to the left;
1333	1333	--Southerly, with said non-tangent curve to the left, through
1334	1334	a central angle of 1715'16", having a radius of 858.51 feet, and a
1335	1335	chord bearing and distance of South 0809'10" West, 257.56 feet, an
1336	1336	arc length of 258.54 feet to a point for corner;
1337	1337	--South 0028'28" East, a distance of 331.72 feet, to a point
1338	1338	for corner;
1339	1339	THENCE South 8959'58" West, a distance of 205.12 feet,
1340	1340	departing the westerly right-of-way line of said South Northlake
1341	1341	Road, to the POINT OF BEGINNING;
1342	1342	THENCE South 8959'58" West, a distance of 230.05 feet, to a
1343	1343	point for corner;
1344	1344	THENCE North 3928'39" West, a distance of 118.02 feet, to a
1345	1345	point for corner;
1346	1346	THENCE South 8859'00" West, a distance of 115.21 feet, to a
1347	1347	point for corner;
1348	1348	THENCE North 2646'14" West, a distance of 221.20 feet, to a
1349	1349	point for corner;
1350	1350	THENCE North 7748'46" East, a distance of 505.54 feet, to a
1351	1351	point for corner;
1352	1352	THENCE South 0344'54" East, a distance of 394.11 feet, to the
1353	1353	POINT OF BEGINNING, and containing 3.23 acres
1354	1354	(140,525 square feet) of land, more or less.
1355	1355	SAVE AND EXCEPT ( #3 ) a portion of land being more
1356	1356	particularly described as follows:
1357	1357	POINT OF BEGINNING at a point in the southerly right-of-way
1358	1358	line of said Sanders Loop, said point bears North 4443'45" East,
1359	1359	172.76 feet along the southerly right-of-way line of said Sanders
1360	1360	Loop from a corner clip at the intersection of the easterly
1361	1361	right-of-way line of said Belt Line Road;
1362	1362	THENCE North 8937'59" East, a distance of 278.85 feet, along
1363	1363	the southerly right-of-way line of said Sanders Loop, to a point for
1364	1364	corner, said point being the beginning of a non-tangent curve to the
1365	1365	left;
1366	1366	THENCE departing the southerly right-of-way line of said
1367	1367	Sanders Loop, the following courses and distances to wit:
1368	1368	--Southeasterly, with said non-tangent curve to the left,
1369	1369	through a central angle of 3238'41", having a radius of 510 feet,
1370	1370	and a chord bearing and distance of South 5255'29" East, 286.66
1371	1371	feet, an arc length of 290.58 feet to a point for corner;
1372	1372	--South 0022'01" East, a distance of 302.72 feet, to a point
1373	1373	for corner;
1374	1374	--South 8937'59" West, a distance of 506.45 feet, to a point
1375	1375	for corner;
1376	1376	--North 0022'01" West, a distance of 477.00 feet, to the
1377	1377	POINT OF BEGINNING, and containing 5.00 acres (217,799 square feet)
1378	1378	of land, more or less, and leaving Net Areas as follows:
1379	1379	Tract 2A containing 178.98 acres (7,796,183 square feet) of
1380	1380	land, more or less,
1381	1381	Tract 2B containing 17.01 acres (740,901 square feet) of
1382	1382	land, more or less,
1383	1383	Tract 2C containing 2.56 acres (111,374 square feet) of land,
1384	1384	more or less.
1385	1385	(c) TRACT 3:
1386	1386	BEING a tract of land situated in the Jacob G. Carlock Survey,
1387	1387	Abstract No. 312, in the City of Dallas, Dallas County, Texas, and
1388	1388	being a portion of those tracts of land described in deed to
1389	1389	Luminant Generation Company, LLC, formerly TXU Generation Company
1390	1390	LP, recorded in Volume 2001248, Page 11540 of the Deed Records of
1391	1391	Dallas County, Texas, and being more particularly described as
1392	1392	follows:
1393	1393	POINT OF COMMENCING at the southeast corner of Tract 2;
1394	1394	THENCE South 0034'34" East, a distance of 145.00 feet, to a
1395	1395	3" fence post found for corner for the POINT OF BEGINNING;
1396	1396	THENCE North 8931'11" East, a distance of 538.69 feet, to a
1397	1397	3" fence post found for corner;
1398	1398	THENCE South 0035'34" East, a distance of 689.26 feet, to a
1399	1399	3" fence post found for corner;
1400	1400	THENCE North 8932'29" West, a distance of 201.09 feet, to a
1401	1401	1/2" iron pipe with cap found for corner;
1402	1402	THENCE North 3030'42" West, a distance of 676.98 feet, to a
1403	1403	1/2" iron pipe with cap found for corner;
1404	1404	THENCE North 0034'34" West, a distance of 99.87 feet, to the
1405	1405	POINT OF BEGINNING, and containing 6.22 acres (270,922 square feet)
1406	1406	of land, more or less.
1407	1407	SECTION 3. (a) The legal notice of the intention to
1408	1408	introduce this Act, setting forth the general substance of this
1409	1409	Act, has been published as provided by law, and the notice and a
1410	1410	copy of this Act have been furnished to all persons, agencies,
1411	1411	officials, or entities to which they are required to be furnished
1412	1412	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1413	1413	Government Code.
1414	1414	(b) The governor, one of the required recipients, has
1415	1415	submitted the notice and Act to the Texas Commission on
1416	1416	Environmental Quality.
1417	1417	(c) The Texas Commission on Environmental Quality has filed
1418	1418	its recommendations relating to this Act with the governor, the
1419	1419	lieutenant governor, and the speaker of the house of
1420	1420	representatives within the required time.
1421	1421	(d) All requirements of the constitution and laws of this
1422	1422	state and the rules and procedures of the legislature with respect
1423	1423	to the notice, introduction, and passage of this Act are fulfilled
1424	1424	and accomplished.
1425	1425	SECTION 4. This Act takes effect immediately if it receives
1426	1426	a vote of two-thirds of all the members elected to each house, as
1427	1427	provided by Section 39, Article III, Texas Constitution. If this
1428	1428	Act does not receive the vote necessary for immediate effect, this
1429	1429	Act takes effect September 1, 2009.
1430	1430	______________________________ ______________________________
1431	1431	President of the Senate Speaker of the House
1432	1432	I hereby certify that S.B. No. 2466 passed the Senate on
1433	1433	April 30, 2009, by the following vote: Yeas 31, Nays 0.
1434	1434	______________________________
1435	1435	Secretary of the Senate
1436	1436	I hereby certify that S.B. No. 2466 passed the House on
1437	1437	May 25, 2009, by the following vote: Yeas 144, Nays 0, two present
1438	1438	not voting.
1439	1439	______________________________
1440	1440	Chief Clerk of the House
1441	1441	Approved:
1442	1442	______________________________
1443	1443	Date
1444	1444	______________________________
1445	1445	Governor