Texas 2009 - 81st Regular

Texas Senate Bill SB2501 Compare Versions

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11 S.B. No. 2501
22
33
44 AN ACT
55 relating to the creation of the North Oak Cliff Municipal
66 Management District; providing the authority to impose an
77 assessment, impose a tax, and issue bonds.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1010 Code, is amended by adding Chapter 3884 to read as follows:
1111 CHAPTER 3884. NORTH OAK CLIFF MUNICIPAL MANAGEMENT DISTRICT
1212 SUBCHAPTER A. GENERAL PROVISIONS
1313 Sec. 3884.001. DEFINITIONS. In this chapter:
1414 (1) "Board" means the district's board of directors.
1515 (2) "City" means the City of Dallas.
1616 (3) "District" means the North Oak Cliff Municipal
1717 Management District.
1818 (4) "Improvement project" means a project authorized
1919 by Section 3884.102:
2020 (A) inside the boundaries of the district; and
2121 (B) in areas outside but adjacent to the
2222 boundaries of the district if the project is for the purpose of
2323 extending public infrastructure improvements beyond the district's
2424 boundaries to a logical terminus.
2525 Sec. 3884.002. CREATION AND NATURE OF DISTRICT. The
2626 district is a special district created under Section 59, Article
2727 XVI, Texas Constitution.
2828 Sec. 3884.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
2929 creation of the district is essential to accomplish the purposes of
3030 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
3131 Texas Constitution, and other public purposes stated in this
3232 chapter. By creating the district and in authorizing the city and
3333 other political subdivisions to contract with the district, the
3434 legislature has established a program to accomplish the public
3535 purposes set out in Section 52-a, Article III, Texas Constitution.
3636 (b) The creation of the district is necessary to promote,
3737 develop, encourage, and maintain employment, commerce,
3838 transportation, housing, tourism, recreation, the arts,
3939 entertainment, economic development, safety, the public welfare in
4040 the district, and educational scholarships for college-bound
4141 students residing in or out of the district.
4242 (c) The district is created to supplement and not to
4343 supplant city services provided in the district.
4444 Sec. 3884.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4545 (a) The district is created to serve a public use and benefit.
4646 (b) All land and other property included in the district
4747 will benefit from the improvements and services to be provided by
4848 the district under powers conferred by Sections 52 and 52-a,
4949 Article III, and Section 59, Article XVI, Texas Constitution, and
5050 other powers granted under this chapter.
5151 (c) The creation of the district is in the public interest
5252 and is essential to further the public purposes of:
5353 (1) developing and diversifying the economy of the
5454 state;
5555 (2) eliminating unemployment and underemployment;
5656 (3) developing or expanding transportation and
5757 commerce; and
5858 (4) providing quality residential housing.
5959 (d) The district will:
6060 (1) promote the health, safety, and general welfare of
6161 residents, employers, potential employees, employees, visitors,
6262 and consumers in the district, and of the public;
6363 (2) provide needed funding for the district to
6464 preserve, maintain, and enhance the economic health and vitality of
6565 the district territory as a residential community and business
6666 center;
6767 (3) promote the health, safety, welfare, and enjoyment
6868 of the public by providing pedestrian ways and by landscaping and
6969 developing certain areas in the district, which are necessary for
7070 the restoration, preservation, and enhancement of scenic beauty;
7171 and
7272 (4) provide educational scholarships for
7373 college-bound students residing in or out of the district.
7474 (e) Pedestrian ways along or across a street, whether at
7575 grade or above or below the surface, and street lighting, street
7676 landscaping, vehicle parking, and street art objects are parts of
7777 and necessary components of a street and are considered to be an
7878 improvement project that includes a street or road improvement.
7979 (f) The district will not act as the agent or
8080 instrumentality of any private interest even though the district
8181 will benefit many private interests as well as the public.
8282 Sec. 3884.005. DISTRICT TERRITORY. (a) The district is
8383 composed of the territory described by Section 2 of the Act creating
8484 this chapter, as that territory may have been modified under
8585 Section 3884.106.
8686 (b) A mistake in the field notes of the district contained
8787 in Section 2 of the Act creating this chapter or in copying the
8888 field notes in the legislative process does not in any way affect:
8989 (1) the district's organization, existence, or
9090 validity;
9191 (2) the district's right to contract, including the
9292 right to issue any type of bond or other obligation for a purpose
9393 for which the district is created;
9494 (3) the district's right to impose or collect an
9595 assessment, tax, or any other revenue; or
9696 (4) the legality or operation of the board.
9797 Sec. 3884.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
9898 (a) All or any part of the area of the district is eligible to be
9999 included in:
100100 (1) a tax increment reinvestment zone created by the
101101 city under Chapter 311, Tax Code;
102102 (2) a tax abatement reinvestment zone created by the
103103 city under Chapter 312, Tax Code; or
104104 (3) an enterprise zone created by the city under
105105 Chapter 2303, Government Code.
106106 (b) If the city creates a tax increment reinvestment zone
107107 described by Subsection (a), the city and the board of directors of
108108 the zone, by contract with the district, may grant money deposited
109109 in the tax increment fund to the district to be used by the district
110110 for the purposes permitted for money granted to a corporation under
111111 Section 380.002(b), Local Government Code, including the right to
112112 pledge the money as security for any bonds issued by the district
113113 for an improvement project. A project may not receive public funds
114114 under Section 380.002(b), Local Government Code, unless the project
115115 has been approved by the governing body of the city by the adoption
116116 of a resolution.
117117 (c) A tax increment reinvestment zone created by the city in
118118 the district is not subject to the limitations provided by Section
119119 311.006(b), Tax Code.
120120 [Sections 3884.007-3884.050 reserved for expansion]
121121 SUBCHAPTER B. BOARD OF DIRECTORS
122122 Sec. 3884.051. GOVERNING BODY; TERMS. (a) The district is
123123 governed by a board of nine directors composed of:
124124 (1) six directors appointed by the governing body of
125125 the city under Subsections (b) and (c);
126126 (2) one assistant city manager of the city, appointed
127127 by the city manager;
128128 (3) the chief financial officer of the city; and
129129 (4) the economic director of the city.
130130 (b) Before the term of each director expires as provided by
131131 Subsection (d), the owner or owners of a majority of the appraised
132132 value of the real property in the district, or the majority of the
133133 record owners of real property in the district subject to taxation,
134134 may submit a petition to the governing body of the city requesting
135135 that the governing body appoint as successor directors the persons
136136 named in the petition. If the persons named in the petition meet
137137 the qualifications prescribed by Sections 3884.052 and 3884.053,
138138 the governing body may appoint those persons as successor
139139 directors.
140140 (c) If a petition is not submitted under Subsection (b), the
141141 governing body of the city shall appoint as successor directors
142142 persons who meet the qualifications prescribed by Sections 3884.052
143143 and 3884.053.
144144 (d) Directors serve staggered terms of four years, with four
145145 or five directors' terms expiring July 1 of each odd-numbered year.
146146 Sec. 3884.052. APPOINTMENT OF DIRECTORS; BOARD MEETINGS.
147147 (a) Directors appointed by the governing body of the city must
148148 meet at least one of the qualifications prescribed by Section
149149 3884.053.
150150 (b) A person may not be appointed to the board by the
151151 governing body of the city if the appointment of that person would
152152 result in fewer than:
153153 (1) four of the directors being residents of the city
154154 and meeting the qualifications prescribed by Section
155155 3884.053(a)(2), (3), (4), or (5); and
156156 (2) two of the directors meeting the qualifications
157157 prescribed by Section 3884.053(a)(1).
158158 (c) The governing body of the city may not appoint a person
159159 as a director if the appointment will result in more than four
160160 persons serving on the board at any time who are seeking financial
161161 assistance or reimbursement from the district for capital
162162 improvements in the district.
163163 (d) The governing body of the city may remove a member of the
164164 board with or without cause at any time by a majority vote.
165165 (e) The board shall hold meetings at a place accessible to
166166 the public. The board shall file a copy of the notice of a meeting
167167 with the city's secretary. The city's secretary shall post the
168168 notice at Dallas City Hall.
169169 (f) The board may not create an executive committee to
170170 exercise the powers of the board.
171171 (g) If an office described in Section 3884.051(a) is
172172 renamed, changed, or abolished, the governing body of the city may
173173 appoint another city officer or employee who performs duties
174174 comparable to those performed by the officer described by that
175175 subsection.
176176 Sec. 3884.053. QUALIFICATIONS OF DIRECTORS APPOINTED BY
177177 CITY. (a) To be qualified to serve as a director appointed by the
178178 governing body of the city, a person must be at least 18 years old
179179 and must be:
180180 (1) a resident of the district who is also a registered
181181 voter of the district or a registered voter who lives within a
182182 two-mile radius of the district;
183183 (2) an owner of property in the district;
184184 (3) an owner of stock, whether beneficial or
185185 otherwise, of a corporate owner of property in the district;
186186 (4) an owner of a beneficial interest in a trust that
187187 owns property in the district; or
188188 (5) an agent, employee, or tenant of a person covered
189189 by Subdivision (2), (3), or (4).
190190 (b) Section 49.052, Water Code, does not apply to the
191191 district.
192192 Sec. 3884.054. VACANCY. The governing body of the city
193193 shall fill a vacancy on the board by appointing a person who meets
194194 the qualifications prescribed by Section 3884.051(a) or 3884.053 to
195195 serve for the remainder of the unexpired term.
196196 Sec. 3884.055. DIRECTOR'S OATH OR AFFIRMATION. A
197197 director's oath or affirmation of office shall be filed with the
198198 district and the district shall retain the oath or affirmation in
199199 the district records. A copy of each director's oath or affirmation
200200 of office shall be filed with the city's secretary.
201201 Sec. 3884.056. OFFICERS. The board shall elect from among
202202 the directors a chair, a vice chair, and a secretary. The offices
203203 of chair and secretary may not be held by the same person
204204 concurrently.
205205 Sec. 3884.057. COMPENSATION; EXPENSES; LIABILITY INSURANCE
206206 FOR DIRECTORS. (a) The district may compensate each director in
207207 an amount not to exceed $50 for each board meeting. The total
208208 amount of compensation for each director in one year may not exceed
209209 $2,000.
210210 (b) Directors are entitled to reimbursement for necessary
211211 and reasonable expenses incurred in carrying out the duties and
212212 responsibilities of the board.
213213 (c) The district may obtain and pay for comprehensive
214214 general liability insurance coverage from a commercial insurance
215215 company or other source that protects and insures a director
216216 against personal liability and from any and all claims relating to:
217217 (1) actions taken by the director in the director's
218218 capacity as a member of the board;
219219 (2) actions and activities taken by the district; or
220220 (3) the actions of others acting on behalf of the
221221 district.
222222 Sec. 3884.058. CONFLICTS OF INTEREST. (a) A director,
223223 including a director who qualifies under Section 3884.053(a)(2),
224224 (3), (4), or (5), may participate in all board votes and decisions
225225 if the director complies with the requirements of Subsection (b).
226226 (b) A director shall comply with Section 171.004, Local
227227 Government Code, including the disclosure and abstention
228228 requirements of that section. A director must file a copy of the
229229 director's disclosure affidavit required by Section 171.004, Local
230230 Government Code, with the city's secretary before participating in
231231 a board discussion or vote.
232232 Sec. 3884.059. INITIAL DIRECTORS. (a) The initial board
233233 consists of the following directors:
234234 (1) Place 1: a director who qualifies under Section
235235 3884.053(a)(2), (3), (4), or (5), appointed by the governing body
236236 of the city;
237237 (2) Place 2: a director who qualifies under Section
238238 3884.053(a)(2), (3), (4), or (5), appointed by the governing body
239239 of the city;
240240 (3) Place 3: a director who qualifies under Section
241241 3884.053(a)(2), (3), (4), or (5), appointed by the governing body
242242 of the city;
243243 (4) Place 4: a director who qualifies under Section
244244 3884.053(a)(2), (3), (4), or (5), appointed by the governing body
245245 of the city;
246246 (5) Place 5: a director who qualifies under Section
247247 3884.053(a)(1), appointed by the governing body of the city;
248248 (6) Place 6: a director who qualifies under Section
249249 3884.053(a)(1), appointed by the governing body of the city;
250250 (7) Place 7: a City of Dallas assistant city manager,
251251 appointed by the Dallas city manager;
252252 (8) Place 8: the City of Dallas chief financial
253253 officer; and
254254 (9) Place 9: the director of the City of Dallas
255255 Office of Economic Development.
256256 (b) Of the initial directors, the terms of directors
257257 appointed for places 1, 2, 3, and 4 expire July 1, 2011, and the
258258 terms of directors appointed for places 5, 6, 7, 8, and 9 expire
259259 July 1, 2013.
260260 (c) This section expires September 1, 2013.
261261 [Sections 3884.060-3884.100 reserved for expansion]
262262 SUBCHAPTER C. POWERS AND DUTIES
263263 Sec. 3884.101. GENERAL POWERS AND DUTIES. The district has
264264 the powers and duties provided by this chapter and by:
265265 (1) the general laws relating to conservation and
266266 reclamation districts created under Section 59, Article XVI, Texas
267267 Constitution, including Chapters 49 and 54, Water Code;
268268 (2) Chapter 441, Transportation Code, except that:
269269 (A) the district may exercise any power granted
270270 by this chapter without regard to any provision or requirement of or
271271 procedure prescribed by Chapter 441, Transportation Code; and
272272 (B) the district may not build or operate a toll
273273 road;
274274 (3) Subchapter A, Chapter 372, Local Government Code,
275275 in the same manner as a municipality or a county;
276276 (4) Chapter 1371, Government Code;
277277 (5) Chapter 375, Local Government Code; and
278278 (6) Chapter 311, Tax Code.
279279 Sec. 3884.102. IMPROVEMENT PROJECTS. (a) The district may
280280 provide, or it may enter into contracts with a governmental or
281281 private entity to provide, the following types of improvement
282282 projects located in the district or activities in support of or
283283 incidental to those projects:
284284 (1) a supply and distribution facility or system to
285285 provide potable and nonpotable water to the residents and
286286 businesses of the district, including a wastewater collection
287287 facility;
288288 (2) a paved, macadamized, or graveled road or street,
289289 inside and outside the district, to the full extent authorized by
290290 Section 52, Article III, Texas Constitution;
291291 (3) the planning, design, construction, improvement,
292292 and maintenance of:
293293 (A) landscaping;
294294 (B) highway right-of-way or transit corridor
295295 beautification and improvement;
296296 (C) lighting, banners, and signs;
297297 (D) a street or sidewalk;
298298 (E) a hiking and cycling path or trail;
299299 (F) a pedestrian walkway, skywalk, crosswalk, or
300300 tunnel;
301301 (G) a park, lake, garden, recreational facility,
302302 community activities center, dock, wharf, sports facility, open
303303 space, scenic area, or related exhibit or preserve;
304304 (H) a fountain, plaza, or pedestrian mall; or
305305 (I) a drainage or storm-water detention
306306 improvement;
307307 (4) protection and improvement of the quality of storm
308308 water that flows through the district;
309309 (5) the planning, design, construction, improvement,
310310 maintenance, and operation of:
311311 (A) a water or sewer facility; or
312312 (B) an off-street parking facility or heliport;
313313 (6) the planning and acquisition of:
314314 (A) public art and sculpture and related exhibits
315315 and facilities; or
316316 (B) an educational facility, and a cultural
317317 exhibit or facility;
318318 (7) the planning, design, construction, acquisition,
319319 lease, rental, improvement, maintenance, installation, and
320320 management of and provision of furnishings for a facility for:
321321 (A) a conference, convention, or exhibition;
322322 (B) a manufacturer, consumer, or trade show;
323323 (C) a civic, community, or institutional event;
324324 or
325325 (D) an exhibit, display, attraction, special
326326 event, or seasonal or cultural celebration or holiday;
327327 (8) the removal, razing, demolition, or clearing of
328328 land or improvements in connection with improvement projects;
329329 (9) the acquisition and improvement of land or other
330330 property for the mitigation of the environmental effects of an
331331 improvement project if those costs are incurred in accordance with
332332 a development agreement and reimbursement of those costs is
333333 conditioned on the completion of substantial vertical development,
334334 or the costs are related to a transit or mobility project;
335335 (10) the acquisition of property or an interest in
336336 property in connection with one or more authorized improvement
337337 projects, including a project authorized by Subchapter A, Chapter
338338 372, Local Government Code;
339339 (11) a special or supplemental service for the
340340 improvement and promotion of the district or an area adjacent to the
341341 district or for the protection of public health and safety in or
342342 adjacent to the district, including:
343343 (A) advertising;
344344 (B) promotion;
345345 (C) tourism;
346346 (D) health and sanitation;
347347 (E) public safety;
348348 (F) security;
349349 (G) fire protection or emergency medical
350350 services;
351351 (H) business recruitment;
352352 (I) elimination of traffic congestion, including
353353 by use of rail services;
354354 (J) recreational, educational, or cultural
355355 improvements, enhancements, and services; and
356356 (K) creation and financing of a higher education
357357 scholarship fund for students attending Mountain View College or
358358 the University of North Texas Dallas Campus; or
359359 (12) any similar public improvement, facility, or
360360 service.
361361 (b) The district may not undertake an improvement project
362362 under this section unless the board determines the project to be
363363 necessary to accomplish a public purpose of the district and has
364364 received the approval of the city under Section 3884.160.
365365 (c) An improvement project must comply with any applicable
366366 codes and ordinances of the city.
367367 (d) The district may not provide, conduct, or authorize an
368368 improvement project on the city streets, highways, rights-of-way,
369369 or easements without the consent of the governing body of the city.
370370 (e) Subject to an agreement between the district and the
371371 city, the city may:
372372 (1) by ordinance, order, or resolution require that
373373 title to all or any portion of an improvement project vest in the
374374 city; or
375375 (2) unless prohibited by Subsection (h), by ordinance,
376376 order, resolution, or other directive, authorize the district to
377377 own, encumber, maintain, and operate an improvement project,
378378 subject to the right of the city to order a conveyance of the
379379 improvement project to the city on a date determined by the city.
380380 (f) The district shall immediately comply with any city
381381 ordinance, order, or resolution adopted under Subsection (e).
382382 (g) For the purposes of this section, planning, design,
383383 construction, improvement, and maintenance of a lake includes work
384384 done for drainage, reclamation, or recreation.
385385 (h) Waterworks and sanitary sewer improvements may be
386386 undertaken by the district inside or outside the boundaries of the
387387 district, subject to the following conditions:
388388 (1) the city shall request that waterworks or sanitary
389389 sewer improvements be funded by the district;
390390 (2) the city shall construct, own, operate, and
391391 maintain the improvements; and
392392 (3) the district shall comply with Sections 3884.152,
393393 3884.157, and 3884.160 as a condition for the district to fund the
394394 improvements.
395395 Sec. 3884.103. GENERAL POWERS REGARDING CONTRACTS.
396396 (a) The district may:
397397 (1) contract with any person to accomplish any
398398 district purpose, including a contract for:
399399 (A) the payment, repayment, or reimbursement of
400400 costs incurred by that person on behalf of the district, including
401401 all or part of the costs of any improvement project and interest on
402402 the reimbursed cost; or
403403 (B) the use, occupancy, lease, rental,
404404 operation, maintenance, or management of all or part of a proposed
405405 or existing improvement project; and
406406 (2) apply for and contract with any person to receive,
407407 administer, and perform a duty or obligation of the district under a
408408 federal, state, local, or private gift, grant, loan, conveyance,
409409 transfer, bequest, or other financial assistance arrangement
410410 relating to the investigation, planning, analysis, study, design,
411411 acquisition, construction, improvement, completion,
412412 implementation, or operation by the district or others of a
413413 proposed or existing improvement project.
414414 (b) A contract the district enters into to carry out a
415415 purpose of this chapter may be on any terms and for any period the
416416 board determines, including a negotiable or nonnegotiable note or
417417 warrant payable to the city, Dallas County, or any other person.
418418 (c) Any person may contract with the district to carry out
419419 the purposes of this chapter without further statutory or other
420420 authorization.
421421 (d) The district must follow Resolution 08-2826, adopted by
422422 the city on October 22, 2008, for construction, procurement, and
423423 professional services contracts related to the use of historically
424424 underutilized businesses and minority contracting in the
425425 implementation of its district plan.
426426 Sec. 3884.104. RULES; ENFORCEMENT. (a) The district may
427427 adopt rules:
428428 (1) to administer or operate the district;
429429 (2) for the use, enjoyment, availability, protection,
430430 security, and maintenance of the district's property and
431431 facilities; or
432432 (3) to provide for public safety and security in the
433433 district.
434434 (b) The district may enforce its rules by injunctive relief.
435435 (c) To the extent a district rule conflicts with a city
436436 rule, order, or regulation, the city rule, order, or regulation
437437 controls.
438438 (d) The district shall provide the city with written notice
439439 not later than the 30th day before the date of a meeting at which the
440440 board will adopt rules. The district may not adopt a rule affecting
441441 the use of a municipally owned asset, such as a public park, street,
442442 sidewalk, transit facility, or public right-of-way, unless the
443443 governing body of the city has approved the rule by ordinance,
444444 order, or resolution.
445445 Sec. 3884.105. NAME CHANGE. The board by resolution may
446446 change the district's name. The board shall give written notice of
447447 the change to the city.
448448 Sec. 3884.106. ADDING OR REMOVING TERRITORY. The board may
449449 add or remove territory under Subchapter J, Chapter 49, Water Code,
450450 and Section 54.016, Water Code, except that:
451451 (1) the addition or removal of the territory must be
452452 approved by:
453453 (A) the governing body of the city by ordinance,
454454 order, or resolution; and
455455 (B) the owners of the territory being added or
456456 removed;
457457 (2) a reference to a tax in Subchapter J, Chapter 49,
458458 Water Code, or Section 54.016, Water Code, means an ad valorem tax;
459459 and
460460 (3) territory may not be removed from the district if
461461 bonds or other obligations of the district payable wholly or partly
462462 from ad valorem taxes or assessments levied or assessed on the
463463 territory are outstanding.
464464 Sec. 3884.107. ECONOMIC DEVELOPMENT. (a) The district may
465465 create economic development and other programs under Section 52-a,
466466 Article III, Texas Constitution, and may impose and collect ad
467467 valorem taxes for those purposes. The district has the economic
468468 development powers that Chapter 380, Local Government Code,
469469 provides to a municipality with a population of more than 100,000.
470470 Each economic development program and each project that will
471471 receive public funds under an economic development program must be
472472 approved by the governing body of the city by ordinance, order, or
473473 resolution.
474474 (b) The district shall provide the city written notice not
475475 later than the 30th day before the date of a meeting at which the
476476 board will adopt terms of an economic development program. The
477477 district may not adopt an economic development program or
478478 improvement project to be funded under an economic development
479479 program unless the governing body of the city has approved the
480480 program or improvement project by ordinance, order, or resolution.
481481 Sec. 3884.108. NO EMINENT DOMAIN POWER. The district may
482482 not exercise the power of eminent domain.
483483 Sec. 3884.109. TERMS OF EMPLOYMENT; COMPENSATION. The
484484 board may employ and establish the terms of employment and
485485 compensation of an executive director or general manager and any
486486 other district employees the board considers necessary. An
487487 employee may not receive annual compensation of more than $150,000
488488 from public funds of the district.
489489 Sec. 3884.110. NOTICE TO PROPERTY OWNERS. (a) The board
490490 shall annually provide owners of real property in the district
491491 written notice that specifies the tax of the district for the
492492 district's next fiscal year in sufficient clarity to describe the
493493 tax rate for the operation and maintenance of the district and the
494494 tax rate for the payment of debt service of obligations issued or
495495 incurred by the district. The written notice must be sent by first
496496 class United States mail, postage prepaid, to the current address
497497 of the property owner as reflected on the tax rolls of the appraisal
498498 district.
499499 (b) The notice must clearly state that the tax rates on real
500500 property imposed in the district are in addition to the ad valorem
501501 taxes imposed by other taxing units that tax real property in the
502502 boundaries of the district.
503503 (c) The district shall generate and implement a program to
504504 provide notification to a prospective purchaser of property in the
505505 district of the rates of tax and assessments that have been approved
506506 and are imposed by the district.
507507 [Sections 3884.111-3884.150 reserved for expansion]
508508 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
509509 Sec. 3884.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
510510 (a) Except as provided by Section 3884.160, the district may:
511511 (1) impose an ad valorem tax on all taxable industrial
512512 and commercial property in the district to pay for any improvement
513513 projects of the types authorized by Section 52(b), Article III, and
514514 Section 59, Article XVI, Texas Constitution, and to secure the
515515 payment of bonds issued for those purposes;
516516 (2) impose an assessment on property in the district
517517 to pay the cost of any authorized improvement project and the cost
518518 of the maintenance of the project in the manner provided for:
519519 (A) a district under Subchapters A, E, and F,
520520 Chapter 375, Local Government Code; or
521521 (B) a municipality or county under Subchapter A,
522522 Chapter 372, Local Government Code;
523523 (3) provide or secure the payment or repayment of any
524524 bond, note, or other temporary or permanent obligation or
525525 reimbursement or other contract with any person, the costs and
526526 expenses of the establishment, administration, and operation of the
527527 district, and the district's costs or share of the costs or revenue
528528 of an improvement project or district contractual obligation or
529529 indebtedness by or through:
530530 (A) the imposition of an ad valorem tax,
531531 assessment, user fee, concession fee, or rental charge; and
532532 (B) any other revenue or resources of the
533533 district, or other revenue authorized by the city, including
534534 revenue from a tax increment reinvestment zone created by the city
535535 under applicable law;
536536 (4) establish user charges related to the operation of
537537 storm-water facilities, including the regulation of storm water for
538538 the protection of water quality in the district;
539539 (5) establish user charges for the use of nonpotable
540540 water for irrigation purposes, subject to the approval of the
541541 governing body of the city;
542542 (6) undertake separately or jointly with other
543543 persons, including the city or Dallas County, all or part of the
544544 cost of any improvement project, including an improvement project:
545545 (A) for improving, enhancing, and supporting
546546 public safety and security, fire protection and emergency medical
547547 services, and law enforcement in and adjacent to the district; or
548548 (B) that confers a general benefit on the entire
549549 district or a special benefit on a definable part of the district;
550550 and
551551 (7) enter into a tax abatement agreement in accordance
552552 with the general laws of this state authorizing and applicable to
553553 tax abatement agreements by municipalities.
554554 (b) The district may not impose an ad valorem tax to pay for
555555 an improvement project under this chapter unless the imposition is
556556 approved by the voters of the district voting at an election held
557557 for that purpose. The board may call an election to approve the
558558 imposition of an ad valorem tax to pay for an improvement project
559559 under this chapter only if the board receives a petition requesting
560560 the election signed by:
561561 (1) at least 65 percent of the record owners of real
562562 property in the district subject to taxation; or
563563 (2) owners representing at least 65 percent of the
564564 appraised value of real property in the district subject to
565565 taxation, as determined by the tax rolls of the appraisal district.
566566 Sec. 3884.152. BORROWING MONEY. (a) The district may
567567 borrow money for a district purpose by issuing or executing bonds,
568568 notes, credit agreements, or other obligations of any kind found by
569569 the board to be necessary or appropriate for any district purpose.
570570 The bond, note, credit agreement, or other obligation may be
571571 secured by and payable from ad valorem taxes, assessments, a
572572 combination of ad valorem taxes and assessments, or other district
573573 revenue. The governing body of the city must approve the issuance
574574 of bonds, notes, credit agreements, or other obligations of the
575575 district, in general terms before the preparation of preliminary
576576 official statements or loan closing documents, as provided by the
577577 development and operating agreement approved by the city in
578578 accordance with Section 3884.160, or by separate action.
579579 (b) The governing body of the city must approve the final
580580 terms of the bond issuance, note, or credit facility, including the
581581 principal amount, note amount, interest rate or rates, redemption
582582 provisions, and other terms and conditions relating to the
583583 issuance.
584584 (c) The district shall file annual audited financial
585585 statements with the city's secretary.
586586 Sec. 3884.153. ASSESSMENTS; EXEMPTION. (a) The district
587587 may impose an assessment on property in the district, including an
588588 assessment on commercial, industrial, or office property, only in
589589 the manner provided by Subchapter A, Chapter 372, Local Government
590590 Code, or Subchapter F, Chapter 375, Local Government Code, for a
591591 municipality, county, or public improvement district, according to
592592 the benefit received by the property.
593593 (b) An assessment on property must be for the limited
594594 purpose of providing capital funding for:
595595 (1) public water and wastewater facilities;
596596 (2) drainage and storm-water facilities;
597597 (3) streets and alleys; and
598598 (4) any authorized purpose under Chapter 372, Local
599599 Government Code.
600600 (c) An assessment, a reassessment, or an assessment
601601 resulting from an addition to or correction of the assessment roll
602602 by the district, penalties and interest on an assessment or
603603 reassessment, an expense of collection, and reasonable attorney's
604604 fees incurred by the district:
605605 (1) are a first and prior lien against the property
606606 assessed; and
607607 (2) are superior to any other lien or claim other than
608608 a lien or claim for county, school district, or municipal ad valorem
609609 taxes.
610610 (d) A lien of an assessment against property under this
611611 chapter runs with the land, and the portion of an assessment payment
612612 obligation that has not yet come due is not eliminated by the
613613 foreclosure of an ad valorem tax lien. Any purchaser of property in
614614 a foreclosure of an ad valorem tax lien takes the property subject
615615 to the assessment payment obligations that have not yet come due and
616616 to the lien and terms of payment under the applicable assessment
617617 ordinance or order.
618618 (e) The board may make a correction to or deletion from the
619619 assessment roll that does not increase the amount of assessment of
620620 any parcel of land without providing notice and holding a hearing in
621621 the manner required for additional assessments.
622622 (f) The district shall file notice of any tax or assessment
623623 imposed by the district with the county clerk of Dallas County and
624624 post the notice on the district's Internet website.
625625 Sec. 3884.154. RESIDENTIAL PROPERTY EXEMPT. The district
626626 may not impose taxes, assessments, fees, or any other requirement
627627 for payment, construction, alteration, or dedication on
628628 single-family detached residential property, residential
629629 condominiums, duplexes, triplexes, and quadruplexes.
630630 Sec. 3884.155. MAINTENANCE AND OPERATION TAX; ELECTION.
631631 (a) The district may impose a tax for maintenance and operation
632632 purposes, including for:
633633 (1) planning, constructing, acquiring, maintaining,
634634 repairing, and operating all improvement projects, including land,
635635 plants, works, facilities, improvements, appliances, and equipment
636636 of the district; and
637637 (2) paying costs of services, engineering and legal
638638 fees, and organization and administrative expenses, including
639639 expenses of the city payable under the terms of the project
640640 development agreement described by Section 3884.160.
641641 (b) The district may not impose a maintenance and operation
642642 tax for improvement projects under this chapter unless the
643643 imposition of the tax is approved by the voters of the district
644644 voting at an election held for that purpose. An election may be
645645 called only on receipt of a petition as provided by Section
646646 3884.151(b).
647647 (c) A maintenance and operation tax election may be held at
648648 the same time and in conjunction with any other district election.
649649 The election may be called by a separate election order or as part
650650 of any other election order.
651651 Sec. 3884.156. USE OF SURPLUS MAINTENANCE AND OPERATION
652652 MONEY. If the district has surplus maintenance and operation tax
653653 money that is not needed for the purposes for which it was
654654 collected, the money may be used for any authorized purpose.
655655 Sec. 3884.157. BONDS AND OTHER OBLIGATIONS. (a) Subject
656656 to the requirements of Sections 3884.159 and 3884.160, the district
657657 may issue by public or private sale bonds, notes, or other
658658 obligations payable wholly or partly from ad valorem taxes, or by
659659 assessments in the manner provided by Subchapter A, Chapter 372,
660660 Local Government Code, or Subchapter J, Chapter 375, Local
661661 Government Code.
662662 (b) In exercising the district's borrowing power, the
663663 district may issue a bond or other obligation in the form of a bond,
664664 note, certificate of participation or other instrument evidencing a
665665 proportionate interest in payments to be made by the district, or
666666 any other type of obligation.
667667 (c) In addition to the sources of money described by
668668 Subchapter A, Chapter 372, Local Government Code, and Subchapter J,
669669 Chapter 375, Local Government Code, district bonds may be secured
670670 and made payable wholly or partly by a pledge of any part of the
671671 money the district receives from system or improvement project
672672 revenue or from any other source.
673673 Sec. 3884.158. BOND MATURITY. Bonds may mature not more
674674 than 40 years from their date of issue.
675675 Sec. 3884.159. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
676676 the time bonds or other obligations payable wholly or partly from ad
677677 valorem taxes are issued:
678678 (1) the board shall impose a continuing direct annual
679679 ad valorem tax for each year that all or part of the bonds are
680680 outstanding; and
681681 (2) the district annually shall impose an ad valorem
682682 tax on all taxable property in the district in an amount sufficient
683683 to:
684684 (A) pay the interest on the bonds or other
685685 obligations as the interest becomes due; and
686686 (B) create a sinking fund for the payment of the
687687 principal of the bonds or other obligations when due or the
688688 redemption price at any earlier required redemption date.
689689 Sec. 3884.160. DEVELOPMENT AND OPERATING AGREEMENT
690690 REQUIRED. (a) After the district's board is organized, but before
691691 the district may undertake any improvement project, issue bonds,
692692 impose taxes, levy assessments or fees, or borrow money, the
693693 district and the city must negotiate and execute a mutually
694694 approved and accepted development and operating agreement,
695695 including any limitations imposed by the city, regarding the plans
696696 and rules for:
697697 (1) the exercise of the powers granted to the district
698698 under this chapter, including the organization, development, and
699699 operation of the district;
700700 (2) the selection and description of improvement
701701 projects that may be undertaken and financed by the district and the
702702 ownership, operation, and maintenance of those projects;
703703 (3) the terms, conditions, methods, means, and amounts
704704 of financing authorized by this chapter that the district may use in
705705 providing improvement projects; and
706706 (4) the amounts, methods, and times of reimbursement
707707 to the city for costs and expenses, if any, incurred by the city
708708 with respect to the development and operation of the district and
709709 the financing of improvement projects by the district.
710710 (b) An agreement authorized by this section is not effective
711711 until its terms and execution are approved by the board and the
712712 governing body of the city by resolution.
713713 [Sections 3884.161-3884.250 reserved for expansion]
714714 SUBCHAPTER E. DISSOLUTION
715715 Sec. 3884.251. DISSOLUTION BY CITY ORDINANCE. (a) The
716716 city by ordinance may dissolve the district.
717717 (b) The city may not dissolve the district until the
718718 district's outstanding indebtedness or contractual obligations
719719 that are payable from ad valorem taxes have been repaid or
720720 discharged, or the city has affirmatively assumed the obligation to
721721 pay the outstanding indebtedness from the city's lawfully available
722722 revenue.
723723 (c) The city may not dissolve the district until the
724724 agreement under Section 3884.160 has been executed and the
725725 district's performance under the agreement has been fulfilled,
726726 including any right or obligation the district has to reimburse a
727727 developer or owner for the costs of improvement projects.
728728 Sec. 3884.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
729729 (a) If the dissolved district has bonds or other obligations
730730 outstanding secured by and payable from assessments or other
731731 revenue, other than ad valorem taxes, the city shall succeed to the
732732 rights and obligations of the district regarding enforcement and
733733 collection of the assessments or other revenue.
734734 (b) The city shall have and exercise all district powers to
735735 enforce and collect the assessments or other revenue to pay:
736736 (1) the bonds or other obligations when due and
737737 payable according to their terms; or
738738 (2) special revenue or assessment bonds or other
739739 obligations issued by the city to refund the outstanding bonds or
740740 obligations.
741741 Sec. 3884.253. CONCURRENCE ON ADDITIONAL POWERS. If the
742742 legislature grants the district a power that is in addition to the
743743 powers approved by the initial resolution of the governing body of
744744 the city consenting to the creation of the district, the district
745745 may not exercise that power unless the governing body of the city
746746 consents to that change by resolution.
747747 Sec. 3884.254. ASSUMPTION OF ASSETS AND LIABILITIES.
748748 (a) After the city dissolves the district, the city assumes,
749749 subject to the appropriation and availability of funds, the
750750 obligations of the district, including any bonds or other
751751 indebtedness payable from assessments or other district revenue.
752752 (b) If the city dissolves the district, the board shall
753753 transfer ownership of all district property to the city.
754754 SECTION 2. The North Oak Cliff Municipal Management
755755 District shall include the following land, described by metes and
756756 bounds as follows:
757757 (a) A 455.938 acre tract of land situated in the Anson
758758 McCracken Survey Abstract No. 868, I N Coombs Survey Abstract No.
759759 288, J E Helms Survey Abstract No. 605, T V Griffin Survey Abstract
760760 No. 511, James Wetsell Survey Abstract No. 1541, Williams Myers
761761 Survey Abstract No. 880, Ellis C. Thomas Survey Abstract No. 1465,
762762 John B. Robinson Survey Abstract No. 1215, J L Leonard Survey
763763 Abstract No. 770, Aaron Overton Survey Abstract No. 1101, G S C
764764 Leonard Survey Abstract No. 780, Elizabeth Robertson Survey
765765 Abstract No. 1211, City of Dallas, Dallas County, Texas and being
766766 more particularly described by metes and bounds as follows:
767767 BEGINNING at a point in the South right-of way (Variable width) line
768768 of Davis Street and the intersection of the East Right-of-Way
769769 (Variable Width) Line of Zang Boulevard situated in the J L Leonard
770770 Survey Abstract No. 770 at the Southeast corner of said Zang
771771 Boulevard and Davis Street, and being in the Northeast corner of a
772772 tract of land conveyed to Banjo Ventures LTD by deed recorded in
773773 Volume 2002129, Page 2902, Deed Records of Dallas County, Texas;
774774 THENCE with the East and South line of said Zang Boulevard the
775775 following courses:
776776 North 00 Degrees 35 Minutes 50 Seconds West, 1075.73 feet to
777777 an angle point;
778778 North 02 Degrees 12 Minutes 01 Seconds West, 741.88 feet to an
779779 angle point;
780780 North 08 Degrees 08 Minutes 12 Seconds East, 90.43 feet to an
781781 angle point;
782782 North 20 Degrees 57 Minutes 34 Seconds East, 100.26 feet to an
783783 angle point;
784784 North 31 Degrees 48 Minutes 06 Seconds East, 568.78 feet with
785785 a curve to the right having a radius 247.97 feet, a central angle of
786786 39 Degrees 20 Minutes 53 Seconds, a Chord bearing North 30 Degrees
787787 29 Minutes 12 Seconds East and distance of 166.97;
788788 North 44 Degrees 04 Minutes 46 Seconds East, 1163.59 feet to
789789 an angle point;
790790 North 44 Degrees 32 Minutes 08 Seconds East, 715.94 feet to an
791791 angle point;
792792 THENCE leaving south line of Zang Boulevard, North 34 Degrees 53
793793 Minutes 57 Seconds West, 135.44 feet to the intersection of the
794794 Northeast line of Zang Boulevard and the North line of Oakenwald
795795 Street (60' Right-of-way), with the curving North right-of-way;
796796 THENCE with the North line of said Oakenwald Street with the curve
797797 to the left having a radius of 157.90, a central angle of 40 Degrees
798798 51 Minutes 35 Seconds, a Chord bearing North 73 Degrees 25 Minutes
799799 28 Seconds West and distance of 110.23;
800800 THENCE North 89 Degrees 43 Minutes 16 Seconds, 405.43 feet to the
801801 intersection of said North line of Oakenwald Street and the East
802802 line of Plowman Avenue (70' Right-of-Way);
803803 THENCE leaving north line of Oakenwald Street, North No Degrees 15
804804 Minutes 34 Seconds, 618.61 feet;
805805 THENCE North 33 Degrees 51 Minutes 20 Seconds, 42.72 feet to a 1/2
806806 Inch Iron Rod Found with a yellow cap stamped "RPLS 5310" the
807807 Northeast corner of said Plowman Avenue and Tilden Street (60'
808808 Right-of-Way) and also being the southeast corner of a tract of land
809809 conveyed to Trinity Rivers Holdings LTD., a Texas Limited
810810 Partnership Recorded in Instrument No. 200600023600, Deed Records,
811811 Dallas County, Texas;
812812 THENCE leaving north line of Tilden Street, North No Degrees 11
813813 Minutes 51 Seconds East, 262.16 feet to a found 5/8 inch iron rod
814814 with a yellow cap stamped "Bury & Partners";
815815 THENCE North 89 Degrees 06 Minutes 18 Seconds West, 104.65 feet to a
816816 found 1/2 inch iron rod;
817817 THENCE North 01 Degrees 34 Minutes 30 Seconds West, 156.80 feet to a
818818 found 1/2 inch iron rod;
819819 THENCE South 89 Degrees 56 Minutes 58 Seconds West, 307.85 feet to a
820820 found 1/2 inch iron rod with a yellow plastic cap stamped "Bury &
821821 Partners";
822822 THENCE South 00 Degrees 07 Minutes 43 Seconds East, 420.26 feet to a
823823 found 1/2 inch iron rod and being the in the North line of said
824824 Tilden Street;
825825 THENCE South 24 Degrees 18 Minutes 38 Seconds West, 56.91 feet to a
826826 found 1/2 inch iron rod being in the South line of said Tilen Street
827827 and the East line of Englewood Drive (60' Right-of-Way) and the
828828 Northeast corner of Tract 3 of a tract of land conveyed to Plowman
829829 Development LLC, a Delaware Limited Company, recorded in Instrument
830830 No. 20070344751, Deed Records, Dallas County, Texas;
831831 THENCE along the East line of said Englewood Drive, South, 100.00
832832 feet;
833833 THENCE leaving the East line of said Englewood Drive, South 89
834834 Degrees 55 Minutes 00 Seconds East, 195.00 feet to the Southeast
835835 corner of Tract 3 of said Plowman tract and being in the west line of
836836 a 18' Alley;
837837 THENCE leaving Said 18' Alley, South 89 Degrees 29 Minutes 25
838838 Seconds East, 18.00 feet to a point in the East line of said 18'
839839 Alley and also being a point in Tract 1 of said Plowman tract;
840840 THENCE along 18' alley and said Tract 1 of the Plowman Tract, South,
841841 50.80.00 feet;
842842 THENCE leaving Said 18' Alley, North 86 Degrees 56 Minutes 19
843843 Seconds West, 18.03 feet to a point in the West line of said 18'
844844 Alley and also being a the Northeast corner in Tract 2 of said
845845 Plowman tract;
846846 THENCE North 89 Degrees 55 Minutes 00 Seconds West, 195.00 feet to
847847 the Northwest corner of Tract 2 of said Plowman tract and in the
848848 east line of said Englewood Drive;
849849 THENCE along east line of said Englewood Drive, South, 50.00 feet to
850850 the Southwest corner of tract 2 of the said Plowman tract;
851851 THENCE leaving Said east line Englewood Drive, South 89 Degrees 55
852852 Minutes 00 Seconds East, 195.00 feet to the Southeast Corner of
853853 Tract 2 of the said Plowman Tract and in the west line of said 18'
854854 alley;
855855 THENCE South 89 Degrees 59 Minutes 38 Seconds East, 18.00 feet to
856856 the Southwest corner of Tract 1 of the Plowman tract and in the east
857857 line of said 18' alley;
858858 THENCE leaving said 18' Alley, South 89 Degrees 55 Minutes 00
859859 Seconds East, 185.00 feet to the Southeast corner of tract 1 of the
860860 Plowman tract and in the west line of said Plowman Avenue;
861861 THENCE South, 50.00 feet to the Northeast corner of tract 5 of the
862862 Plowman tract and in the west line of said Plowman Avenue;
863863 THENCE leaving said Plowman Avenue, North 89 Degrees 55 Minutes 00
864864 Seconds West, 185.00 feet to the Northwest corner of tract 5 of the
865865 Plowman tract and in the east line of said 18' alley;
866866 THENCE South 19 Degrees 47 Minutes 58 Seconds West, 53.14 feet to
867867 the Northeast corner of tract 4 of the Plowman tract and in the west
868868 line of said 18' alley;
869869 THENCE leaving said 18' Alley, North 89 Degrees 55 Minutes 00
870870 Seconds West, 195.00 feet to the Northwest corner of tract 4 of the
871871 Plowman tract and in the east line of said Englewood Drive;
872872 THENCE South, 250.00 feet to the Southwest corner of tract 4 of the
873873 Plowman tract and in the east line of said Englewood Drive;
874874 THENCE South 89 Degrees 55 Minutes 00 Seconds East, 195.00 feet to
875875 the Southeast corner of tract 4 of the Plowman tract and in the west
876876 line of said 18' alley;
877877 THENCE North 19 Degrees 47 Minutes 56 Seconds East, 53.14 feet to
878878 the Southwest corner of tract 5 of the Plowman tract and in the east
879879 line of said 18' alley;
880880 THENCE South 89 Degrees 55 Minutes 00 Seconds East, 185.00 feet to
881881 the Southeast corner of tract 5 of the Plowman tract and in the east
882882 line of said Plowman Avenue;
883883 THENCE with the West line of said Plowman Avenue the following
884884 courses:
885885 South 00 Degrees 22 Minutes 14 Seconds East, 289.77 feet to an
886886 angle point;
887887 South, 108.11 feet;
888888 South, 283.82 feet to an angle point;
889889 South 05 Degrees 24 Minutes 40 Seconds East, 48.35 feet to a
890890 point in the North line of Zang Boulevard and the west line of
891891 Plowman Avenue;
892892 THENCE with the North and west line of said Zang Boulevard the
893893 following courses:
894894 South 43 Degrees 03 Minutes 07 Seconds West, 1078.83 feet to
895895 an angle point;
896896 South 28 Degrees 13 Minutes 01 Seconds West, 172.22 feet to an
897897 angle point;
898898 South 30 Degrees 40 Minutes 23 Seconds West, 582.39 feet to an
899899 angle point;
900900 South 22 Degrees 53 Minutes 29 Seconds West, 111.38 feet to an
901901 angle point;
902902 South 07 Degrees 19 Minutes 41 Seconds West, 111.38 feet to an
903903 angle point;
904904 South No Degrees 34 Minutes 06 Seconds East, 887.69 feet to an
905905 angle point;
906906 South No Degrees 00 Minutes 52 Seconds East, 878.19 feet to a
907907 point in the West line of Zang Boulevard and the North line of said
908908 Davis Street;
909909 THENCE with the North line of said Davis Street the following
910910 courses:
911911 South 89 Degrees 15 Minutes 55 Seconds West, 745.11 feet to an
912912 angle point;
913913 South 87 Degrees 42 Minutes 20 Seconds West, 420.25 feet to an
914914 angle point;
915915 South 89 Degrees 42 Minutes 15 Seconds West, 1062.54 feet to a
916916 point in the North line of said Davis Street and the East line of
917917 said Cedar Hill Avenue;
918918 THENCE with the East line of said Cedar Hill Avenue the following
919919 courses:
920920 North No Degrees 11 Minutes 59 Seconds West, 1521.20 feet to
921921 an angle point;
922922 North No Degrees 59 Minutes 20 Seconds West, 46.04 feet to a
923923 point in the East line of said Cedar Hill Avenue and the North line
924924 of Sixth Street (60' Right-of-way);
925925 THENCE South 89 Degrees 47 Minutes 13 Seconds West, 55.75 feet to a
926926 point in the east line of said Cedar Hill Avenue and a point in the
927927 East Line of Tract 5 of a tract of land conveyed to SPCO Development
928928 LLC by deed recorded in Instrument No. 20070228027, Official Public
929929 Records Records, Dallas County, Texas;
930930 THENCE North No Degrees 12 Minutes 47 Seconds West, 188.44 feet a
931931 point in the South line of West Fifth Street (60' Right-of-way) and
932932 the West line of Cedar Hill Avenue (60' Right-of-Way) and the
933933 Northeast corner of Tract 1 of a tract of land conveyed to SPCO
934934 Development LLC, by deed recorded in Instrument No. 20080223657,
935935 Official Public Records, Dallas County, Texas;
936936 THENCE North 89 Degrees 57 Minutes 46 Seconds West, 129.61 feet to
937937 the Northwest corner of Tract 1 of said SPCO tract and the South
938938 line of said West Fifth Street (60' Right-of-Way);
939939 THENCE departing said South line of West Fifth Street, North No
940940 Degrees 02 Minutes 14 Seconds West, 65.33 feet to the Southwest
941941 corner of Tract 1 of said SPCO tract;
942942 THENCE North 89 Degrees 57 Minutes 46 Seconds West, 60.00 feet to
943943 the Northeast corner of Tract 4 of a tract of land conveyed to SPCO
944944 Development LLC, by deed recorded in Instrument No. 20080111729,
945945 Official Public Records, Dallas County, Texas;
946946 THENCE South No Degrees 02 Minutes 14 Seconds West, 54.67 feet to
947947 the Southwest corner of Tract 4 of said SPCO tract;
948948 THENCE along the north line of tract 5 of said SPCO tract, North 89
949949 Degrees 57 Minutes 46 Seconds West, 55.00 feet to the Southeast
950950 corner of Tract 2 of a tract of land conveyed to SPCO Development
951951 LLC, by deed recorded in Instrument No. 20080111729, Official
952952 Public Records, Dallas County, Texas;
953953 THENCE North No Degrees 02 Minutes 14 Seconds East, 120.00 feet to
954954 the Northeast corner of Tract 2 of a said SPCO tract and also being
955955 in the south line of said West Fifth Street;
956956 THENCE North 89 Degrees 57 Minutes 46 Seconds West, 55.00 feet to
957957 the Northwest corner of Tract 2 of a said SPCO tract and also being
958958 in the south line of said West Fifth Street;
959959 THENCE North No Degrees 02 Minutes 14 Seconds West, 120.00 feet to
960960 the Southwest corner of Tract 2 of a said SPCO tract;
961961 THENCE Along the North line of said Tract 5 of said SPCO tract,
962962 North 89 Degrees 57 Minutes 46 Seconds West, 55.00 feet to the
963963 Southeast corner of Tract 3 of a tract of land conveyed to SPCO
964964 Development LLC, by deed recorded in Instrument No. 20080111729,
965965 Official Public Records, Dallas County, Texas;
966966 THENCE North No Degrees 02 Minutes 14 Seconds East, 120.00 feet to
967967 the Northeast corner of Tract 3 of a said SPCO tract and also being
968968 in the South line of said West Fifth Street;
969969 THENCE Along the South line of said West Fifth Street, North 89
970970 Degrees 57 Minutes 46 Seconds West, 55.00 feet to the Northwest
971971 corner of Tract 3 of a said SPCO tract;
972972 THENCE North 89 Degrees 53 Minutes 05 Seconds West, 20.90 feet;
973973 THENCE with the approximate meanders of Kidd Springs Park conveyed
974974 to the City of Dallas, by deed recorded in Volume 2816, Page 452,
975975 Deed Records, Dallas County, Texas the following Fourteen Courses:
976976 1) North No Degrees 24 Minutes 42 Seconds West, 65.35 feet;
977977 2) North 88 Degrees 58 Minutes 37 Seconds East, 441.02 feet;
978978 3) North 05 Degrees 18 Minutes 52 Seconds West, 170.02 feet;
979979 4) North, 173.23 feet;
980980 5) South 88 Degrees 48 Minutes 02 Seconds West, 639.51 feet;
981981 6) North 07 Degrees 21 Minutes 09 Seconds West, 49.22 feet;
982982 7) South 59 Degrees 56 Minutes 12 Seconds West, 291.87 feet;
983983 8) South 88 Degrees 18 Minutes 55 Seconds West, 291.15 feet;
984984 9) South 02 Degrees 59 Minutes 29 Seconds East, 81.56 feet;
985985 10) East, 15.75 feet;
986986 11) South 00 Degrees 07 Minutes 38 Seconds East, 354.33
987987 feet;
988988 12) South 89 Degrees 23 Minutes 48 Seconds West, 589.79
989989 feet;
990990 13) South No Degrees 46 Minutes 53 Seconds East, 561.39
991991 feet;
992992 14) North 89 Degrees 30 Minutes 19 Seconds East, 1323.26
993993 feet;
994994 THENCE along the North line of Van Buren Street (44' Right-of-way),
995995 North 58 Degrees 41 Minutes 43 Seconds East, 263.01 feet;
996996 THENCE North 58 Degrees 25 Minutes 52 Seconds East, 209.66 feet to
997997 the intersection of the North line of said Van Buren Street and the
998998 West Line of said Cedar Hill Avenue;
999999 THENCE along the West line of said Cedar Hill Avenue, South 02
10001000 Degrees 11 Minutes 45 Seconds West, 142.60 feet;
10011001 THENCE South No Degrees 00 Minutes 31 Seconds West, 1161.24 feet to
10021002 the intersection of the West line of said Cedar Hill Avenue and the
10031003 North Line of said Davis Street;
10041004 THENCE with the North line of said Davis Street the following
10051005 courses:
10061006 South 89 Degrees 20 Minutes 07 Seconds West, 2124.66 feet to
10071007 an angle point;
10081008 South 88 Degrees 34 Minutes 14 Seconds West, 503.44 feet to an
10091009 angle point;
10101010 South 89 Degrees 33 Minutes 15 Seconds West, 2411.29 feet to
10111011 an angle point;
10121012 North 82 Degrees 18 Minutes 54 Seconds West, 73.20 feet to an
10131013 angle point;
10141014 North 89 Degrees 54 Minutes 37 Seconds West, 1247.94 feet to a
10151015 point in the North line of Davis Street and the East line of Stevens
10161016 Village;
10171017 THENCE North No Degrees 22 Minutes 49 Seconds West, 662.19 feet to
10181018 the intersection of the East line of said Sevens Village and the
10191019 South line of Stevens Forest Drive (Variable width Right-of-way);
10201020 THENCE along the South line of said Stevens Forest Drive, North 86
10211021 Degrees 35 Minutes 08 Seconds East, 223.45 feet;
10221022 THENCE North 78 Degrees 00 Minutes 43 Seconds East, 35.35 feet;
10231023 THENCE with the meanders of a tract of land conveyed to the Chateau
10241024 Crete Development, LLC, by deed recorded in Instrument No.
10251025 20070164416, Deed Records, Dallas County, Texas and a tract of land
10261026 conveyed to the Chateau Crete Development, LLC, by deed recorded in
10271027 Instrument No. 200600412556, Deed Records, Dallas County, Texas the
10281028 following Five Courses:
10291029 1) South No Degrees 36 Minutes 31 Seconds West, 56.45 feet;
10301030 2) South 28 Degrees 45 Minutes 19 Seconds East, 19.61 feet;
10311031 3) South 58 Degrees 07 Minutes 10 Seconds East, 82.21 feet;
10321032 4) South 88 Degrees 50 Minutes 44 Seconds East, 34.70 feet;
10331033 5) South 88 Degrees 38 Minutes 43 Seconds East, 891.76 feet;
10341034 THENCE South 88 Degrees 36 Minutes 42 Seconds East, 56.22 feet to a
10351035 point in the East line of Mary Cliff Road (50' Right-of-way);
10361036 THENCE with the East line of said Mary Cliff Road the following
10371037 courses:
10381038 North 02 Degrees 16 Minutes 12 Seconds West, 444.97 feet to an
10391039 angle point;
10401040 North 02 Degrees 00 Minutes 42 Seconds West, 43.51 feet to an
10411041 angle point;
10421042 North 01 Degrees 00 Minutes 57 Seconds East, 157.15 feet to an
10431043 angle point;
10441044 North 01 Degrees 05 Minutes 31 Seconds West, 169.81 feet to an
10451045 angle point;
10461046 North 04 Degrees 48 Minutes 26 Seconds West, 48.27 feet to an
10471047 angle point;
10481048 North 02 Degrees 27 Minutes 42 Seconds East, 206.22 feet;
10491049 THENCE with the meanders of the tracts of land described in the
10501050 following deeds: Kings Highway Development LLC recorded in
10511051 Instrument No. 20070101181 and Instrument No. 20070101182; River
10521052 District Holdings, LLC recorded in Instrument No. 20070325092,
10531053 Instrument No. 20080187473, Insturment No. 20080187464, Instument
10541054 No. 2008187481, Instrument No. 2008187459, Instrument No.
10551055 20080317748, Instrument No. 20080187477, Deed Records, Dallas
10561056 County, Texas the following Twelve Courses:
10571057 1) North 88 Degrees 55 Minutes 36 Seconds East, 95.64 feet;
10581058 2) South No Degrees 42 Minutes 05 Seconds East, 187.63 feet;
10591059 3) North 88 Degrees 43 Minutes 09 Seconds East, 291.43 feet;
10601060 4) North No Degrees 42 Minutes 05 Seconds West, 137.97 feet;
10611061 5) South 88 Degrees 39 Minutes 17 Seconds West, 51.90 feet;
10621062 6) North No Degrees 05 Minutes 29 Seconds East, 49.90 feet;
10631063 7) North 88 Degrees 36 Minutes 56 Seconds East, 51.70 feet;
10641064 8) North No Degrees 05 Minutes 52 Seconds West, 89.63 feet;
10651065 9) North 89 Degrees 33 Minutes 13 Seconds East, 47.52 feet;
10661066 10) North No Degrees 09 Minutes 10 Seconds West, 99.79 feet;
10671067 11) South 89 Degrees 25 Minutes 38 Seconds West, 435.39
10681068 feet;
10691069 12) South 00 Degrees 14 Minutes 16 Seconds East, 59.81 feet;
10701070 THENCE North 86 Degrees 10 Minutes 19 Seconds West, 46.54 feet to a
10711071 point in the West line of said Mary Cliff Road;
10721072 THENCE with the West line of said Mary Cliff Road the following
10731073 courses:
10741074 South 01 Degrees 40 Minutes 15 Seconds West, 150.35 feet to an
10751075 angle point;
10761076 South 01 Degrees 00 Minutes 38 Seconds West, 29.28 feet to an
10771077 angle point;
10781078 South 00 Degrees 22 Minutes 47 Seconds West, 587.32 feet to an
10791079 angle point;
10801080 South 01 Degrees 57 Minutes 07 Seconds East, 215.51 feet to
10811081 the intersection of the west line of said Mary Cliff Road and the
10821082 North line said Stevens Forest Drive;
10831083 THENCE with the North line of said Stevens Forest Drive the
10841084 following courses:
10851085 South 88 Degrees 30 Minutes 48 Seconds West, 141.62 feet to an
10861086 angle point;
10871087 North 79 Degrees 28 Minutes 10 Seconds West, 40.21 feet to an
10881088 angle point;
10891089 South 89 Degrees 18 Minutes 22 Seconds West, 303.39 feet to an
10901090 angle point;
10911091 South 89 Degrees 44 Minutes 06 Seconds West, 198.57 feet to an
10921092 angle point;
10931093 North 86 Degrees 59 Minutes 23 Seconds East, 52.47 feet to the
10941094 beginning of a curve to the left having a radius 239.53 feet, a
10951095 central angle of 45 Degrees 09 Minutes 54 Seconds, a Chord bearing
10961096 South 77 Degrees 00 Minutes 57 Seconds East and distance of 183.97;
10971097 South 58 Degrees 00 Minutes 57 Seconds West, 33.39 feet to the
10981098 beginning of a curve to the right having a radius 252.72 feet, a
10991099 central angle of 24 Degrees 45 Minutes 51 Seconds, a Chord bearing
11001100 South 77 Degrees 20 Minutes 16 Seconds West and distance of 108.38;
11011101 South 86 Degrees 46 Minutes 16 Seconds West, 205.95 feet to
11021102 the intersection of the North line of said Stevens Forest Drive and
11031103 the East line said Stevens Village;
11041104 THENCE North 83 Degrees 30 Minutes 20 Seconds West, 34.91 feet;
11051105 THENCE with the meanders of the tracts of land described in the
11061106 following deeds: Acorn Tree Development LLC, deed recorded in
11071107 Instrument No. 20070067562 and Instrument No. 20070067734, Deed
11081108 Records, Dallas County, Texas the following Seven Courses:
11091109 1) North No Degrees 29 Minutes 12 Seconds West, 207.35 feet;
11101110 2) South 89 Degrees 31 Minutes 27 Seconds West, 348.85 feet;
11111111 3) South 00 Degrees 44 Minutes 25 Seconds East, 134.09 feet;
11121112 4) South 88 Degrees 44 Minutes 33 Seconds West, 25.00 feet;
11131113 5) South No Degrees 23 Minutes 28 Seconds East, 592.98 feet;
11141114 6) South 89 Degrees 40 Minutes 11 Seconds West, 240.21 feet;
11151115 7) South No Degrees 01 Minutes 25 Seconds West, 209.50 feet;
11161116 THENCE with the North line of said Davis Street the following
11171117 courses:
11181118 North 77 Degrees 39 Minutes 56 Seconds West, 56.81 feet to an
11191119 angle point;
11201120 South 88 Degrees 11 Minutes 52 Seconds West, 591.97 feet to an
11211121 angle point;
11221122 South 89 Degrees 10 Minutes 23 Seconds West, 430.85 feet to an
11231123 angle point;
11241124 South 75 Degrees 09 Minutes 11 Seconds West, 50.97 feet to an
11251125 angle point;
11261126 South 87 Degrees 38 Minutes 45 Seconds West, 441.78 feet to an
11271127 angle point;
11281128 North 89 Degrees 46 Minutes 55 Seconds West, 145.98 feet;
11291129 North 43 Degrees 59 Minutes 55 Seconds West, 17.09 feet;
11301130 THENCE with the meanders of the tracts of land described in the
11311131 following deeds: Plymouth Hills Development LLC, deed recorded in
11321132 Instrument No. 20080165209 and Instrument No. 20070447589 and
11331133 Instrument No. 20070447588, Deed Records, Dallas County, Texas the
11341134 following Eleven Courses:
11351135 1) North No Degrees 30 Minutes 57 Seconds West, 185.00 feet;
11361136 2) North 45 Degrees 24 Minutes 00 Seconds West, 21.26 feet;
11371137 3) South 89 Degrees 43 Minutes 00 Seconds West, 276.76 feet;
11381138 4) North 01 Degrees 39 Minutes 27 Seconds East, 277.76 feet;
11391139 5) North 89 Degrees 50 Minutes 00 Seconds East, 145.00 feet;
11401140 6) North 10 Degrees 16 Minutes 36 Seconds West, 268.16 feet;
11411141 7) North 46 Degrees 42 Minutes 49 Seconds West, 141.88 feet;
11421142 8) South 25 Degrees 50 Minutes 00 Seconds West, 201.50 feet;
11431143 9) South 55 Degrees 20 Minutes 00 Seconds West, 160.00 feet;
11441144 10) South 66 Degrees 50 Minutes 00 Seconds West, 90.00 feet;
11451145 11) South 38 Degrees 51 Minutes 44 Seconds West, 100.33 feet
11461146 to the beginning of a curve to the right having a radius 490.24
11471147 feet;
11481148 THENCE Along the East line of E. Plymouth Road (100' Right-of-way),
11491149 Continuing along said Curve to the right having a central angle of
11501150 47 Degrees 40 Minutes 50 Seconds, a Chord bearing North 14 Degrees
11511151 43 Minutes 29 Seconds East and distance of 396.30;
11521152 THENCE with the South and East line of said Plymouth Road Street the
11531153 following courses:
11541154 The beginning of a curve to the right having a radius 349.50
11551155 feet having a central angle of 25 Degrees 40 Minutes 56 Seconds, a
11561156 Chord bearing North 29 Degrees 47 Minutes 06 Seconds East and
11571157 distance of 155.35;
11581158 The beginning of a curve to the right having a radius 159.57
11591159 feet having a central angle of 41 Degrees 11 Minutes 44 Seconds, a
11601160 Chord bearing North 51 Degrees 34 Minutes 21 Seconds East and
11611161 distance of 112.27;
11621162 THENCE with the meanders of a tract of land conveyed to Brenda K.
11631163 Kennedy by deed recorded in Volume 83069, Page 1999, Deed Records,
11641164 Dallas County, Texas the following Two Courses:
11651165 South 87 Degrees 03 Minutes 55 Seconds East, 829.26 feet to an
11661166 angle point;
11671167 North 01 Degrees 28 Minutes 54 Seconds East, 358.36 feet to
11681168 the beginning of a curve to the left having a radius 242.44 feet;
11691169 THENCE Along the East line of said E. Plymouth Road, Continuing
11701170 along said Curve to the left having a central angle of 35 Degrees 24
11711171 Minutes 07 Seconds, a Chord bearing North 20 Degrees 41 Minutes 40
11721172 Seconds East and distance of 147.43;
11731173 THENCE North 01 Degrees 33 Minutes 04 Seconds East, 37.95 feet;
11741174 THENCE with the approximate meanders of Stevens Park Golf Course
11751175 Block 4/4734, Dallas County, Texas the following Fifty-three
11761176 Courses:
11771177 1) North 89 Degrees 31 Minutes 44 Seconds East, 496.22 feet;
11781178 2) North 61 Degrees 48 Minutes 44 Seconds East, 54.47 feet;
11791179 3) North 88 Degrees 46 Minutes 06 Seconds East, 606.42 feet;
11801180 4) North No Degrees 24 Minutes 48 Seconds West, 335.41 feet;
11811181 5) North 88 Degrees 54 Minutes 57 Seconds East, 63.72 feet;
11821182 6) North 88 Degrees 59 Minutes 33 Seconds East, 646.08 feet;
11831183 7) North No Degrees 16 Minutes 50 Seconds West, 329.12 feet;
11841184 8) North 89 Degrees 39 Minutes 26 Seconds East, 1282.85
11851185 feet;
11861186 9) South No Degrees 00 Minutes 15 Seconds East, 124.57 feet;
11871187 10) North 89 Degrees 35 Minutes 13 Seconds East, 521.79
11881188 feet;
11891189 11) North No Degrees 38 Minutes 16 Seconds West, 275.99 feet
11901190 to the beginning of a curve to the left having a radius 823.79 feet,
11911191 a central angle of 13 Degrees 08 Minutes 21 Seconds, a Chord bearing
11921192 North 14 Degrees 44 Minutes 58 Seconds West and distance of 188.50
11931193 to the beginning of a reverse curve to the right having a radius
11941194 773.31;
11951195 12) Continuing along said curve to the right having a
11961196 central angle of 13 Degrees 59 Minutes 45 Seconds, a Chord bearing
11971197 North 16 Degrees 07 Minutes 53 Seconds West and distance of 188.43;
11981198 13) North 66 Degrees 33 Minutes 20 Seconds West, 443.12
11991199 feet;
12001200 14) North No Degrees 37 Minutes 50 Seconds West, 393.46
12011201 feet;
12021202 15) North No Degrees 55 Minutes 50 Seconds West, 137.42 feet
12031203 to the beginning of a curve to the left having a radius 169.83 feet,
12041204 a central angle of 28 Degrees 59 Minutes 42 Seconds, a Chord bearing
12051205 North 17 Degrees 15 Minutes 43 Seconds West and distance of 85.03 to
12061206 the beginning of a non-tangent curve to the left having a radius
12071207 456.38;
12081208 16) Continuing along said curve to the left having a central
12091209 angle of 15 Degrees 46 Minutes 27 Seconds, a Chord bearing North 52
12101210 Degrees 32 Minutes 05 Seconds East and distance of 125.25;
12111211 17) North 39 Degrees 47 Minutes 11 Seconds East, 234.31 feet
12121212 to the beginning of a curve to the left having a radius 3690.76
12131213 feet, a central angle of 07 Degrees 42 Minutes 18 Seconds, a Chord
12141214 bearing North 33 Degrees 41 Minutes 20 Seconds East and distance of
12151215 495.95;
12161216 18) North 26 Degrees 31 Minutes 47 Seconds East, 405.73 feet
12171217 to the beginning of a non-tangent curve to the right having a radius
12181218 393.78 feet, a central angle of 60 Degrees 38 Minutes 56 Seconds, a
12191219 Chord bearing North 68 Degrees 38 Minutes 06 Seconds East and
12201220 distance of 397.63 to the beginning of a non-tangent curve to the
12211221 left having a radius 483.75;
12221222 19) Continuing along said curve to the left having a central
12231223 angle of 23 Degrees 24 Minutes 43 Seconds, a Chord bearing South 88
12241224 Degrees 28 Minutes 06 Seconds East and distance of 196.30 to the
12251225 beginning of a non-tangent curve to the left having a radius 437.44;
12261226 20) Continuing along said curve to the left having a central
12271227 angle of 39 Degrees 53 Minutes 22 Seconds, a Chord bearing North 78
12281228 Degrees 54 Minutes 57 Seconds East and distance of 298.43;
12291229 21) North 02 Degrees 59 Minutes 05 Seconds West, 33.20 feet;
12301230 22) North 02 Degrees 29 Minutes 58 Seconds East, 74.80 feet
12311231 to the beginning of a curve to the right having a radius 719.84
12321232 feet, a central angle of 23 Degrees 19 Minutes 27 Seconds, a Chord
12331233 bearing South 89 Degrees 33 Minutes 26 Seconds West and distance of
12341234 291.02 to the beginning of a curve to the left having a radius
12351235 1083.08;
12361236 23) Continuing along said curve to the left having a central
12371237 angle of 13 Degrees 50 Minutes 07 Seconds, a Chord bearing North 79
12381238 Degrees 38 Minutes 36 Seconds West and distance of 260.90 to the
12391239 beginning of a curve to the right having a radius 2728.05;
12401240 24) Continuing along said curve to the right having a
12411241 central angle of 02 Degrees 56 Minutes 23 Seconds, a Chord bearing
12421242 South 88 Degrees 17 Minutes 07 Seconds West and distance of 139.95
12431243 to the beginning of a curve to the left having a radius 1058.70;
12441244 25) Continuing along said curve to the right having a
12451245 central angle of 22 Degrees 11 Minutes 52 Seconds, a Chord bearing
12461246 South 73 Degrees 40 Minutes 25 Seconds West and distance of 407.61
12471247 to the beginning of a curve to the right having a radius 1016.72;
12481248 26) Continuing along said curve to the right having a
12491249 central angle of 17 Degrees 58 Minutes 36 Seconds, a Chord bearing
12501250 South 69 Degrees 06 Minutes 41 Seconds West and distance of 317.69
12511251 feet;
12521252 27) South 85 Degrees 54 Minutes 50 Seconds West, 142.94
12531253 feet;
12541254 28) North 89 Degrees 58 Minutes 00 Seconds West, 708.79
12551255 feet;
12561256 29) South 25 Degrees 26 Minutes 24 Seconds East, 469.33
12571257 feet;
12581258 30) South 65 Degrees 09 Minutes 58 Seconds West, 162.83
12591259 feet;
12601260 31) South 06 Degrees 07 Minutes 12 Seconds East, 270.28
12611261 feet;
12621262 32) North 80 Degrees 00 Minutes 23 Seconds West, 76.20 feet
12631263 to the beginning of a curve to the right having a radius 98.50;
12641264 33) Continuing along said curve to the right having a
12651265 central angle of 90 Degrees 25 Minutes 33 Seconds, a Chord bearing
12661266 South 44 Degrees 55 Minutes 48 Seconds East and distance of 139.81
12671267 feet;
12681268 34) South 04 Degrees 26 Minutes 53 Seconds West, 89.91 feet
12691269 to the beginning of a curve to the left having a radius 54.42;
12701270 33) Continuing along said curve to the left having a central
12711271 angle of 111 Degrees 48 Minutes 11 Seconds, a Chord bearing South 80
12721272 Degrees 54 Minutes 58 Seconds West and distance of 90.13 feet to the
12731273 beginning of a curve to the right having a radius 1087.42;
12741274 34) Continuing along said curve to the left having a central
12751275 angle of 16 Degrees 23 Minutes 13 Seconds, a Chord bearing South 15
12761276 Degrees 42 Minutes 34 Seconds West and distance of 309.95 feet to
12771277 the beginning of a curve to the right having a radius 7590.69;
12781278 35) Continuing along said curve to the right having a
12791279 central angle of 01 Degrees 37 Minutes 54 Seconds, a Chord bearing
12801280 South 30 Degrees 47 Minutes 06 Seconds West and distance of 216.16
12811281 feet to the beginning of a curve to the right having a radius
12821282 3039.46;
12831283 36) Continuing along said curve to the right having a
12841284 central angle of 10 Degrees 13 Minutes 38 Seconds, a Chord bearing
12851285 South 46 Degrees 29 Minutes 58 Seconds West and distance of 541.83
12861286 feet to the beginning of a curve to the right having a radius
12871287 4853.43;
12881288 37) Continuing along said curve to the right having a
12891289 central angle of 04 Degrees 52 Minutes 43 Seconds, a Chord bearing
12901290 South 51 Degrees 16 Minutes 45 Seconds West and distance of 413.14
12911291 feet to the beginning of a curve to the right having a radius
12921292 2151.29;
12931293 38) Continuing along said curve to the left having a central
12941294 angle of 03 Degrees 46 Minutes 26 Seconds, a Chord bearing South 57
12951295 Degrees 04 Minutes 48 Seconds West and distance of 141.67 feet;
12961296 39) North 68 Degrees 00 Minutes 13 Seconds West, 72.79 feet
12971297 to the beginning of a curve to the left having a radius 84.50;
12981298 40) Continuing along said curve to the left having a central
12991299 angle of 99 Degrees 14 Minutes 00 Seconds, a Chord bearing North 11
13001300 Degrees 17 Minutes 19 Seconds East and distance of 128.73 feet;
13011301 41) North 34 Degrees 39 Minutes 37 Seconds West, 72.99 feet
13021302 to the beginning of a curve to the left having a radius 112.32;
13031303 40) Continuing along said curve to the left having a central
13041304 angle of 24 Degrees 37 Minutes 25 Seconds, a Chord bearing North 56
13051305 Degrees 53 Minutes 02 Seconds West and distance of 47.90 feet;
13061306 42) South 89 Degrees 13 Minutes 57 Seconds West, 713.06 feet
13071307 to the beginning of a curve to the left having a radius 60.99;
13081308 43) Continuing along said curve to the left having a central
13091309 angle of 77 Degrees 40 Minutes 54 Seconds, a Chord bearing South 39
13101310 Degrees 22 Minutes 26 Seconds West and distance of 76.51 feet;
13111311 44) North 87 Degrees 36 Minutes 44 Seconds West, 90.35 feet;
13121312 45) North No Degrees 34 Minutes 39 Seconds West, 390.42
13131313 feet;
13141314 46) West, 25.91 feet;
13151315 47) North No Degrees 14 Minutes 55 Seconds East, 553.78
13161316 feet;
13171317 48) North 89 Degrees 04 Minutes 04 Seconds West, 497.80
13181318 feet;
13191319 49) South No Degrees 51 Minutes 14 Seconds East, 544.32
13201320 feet;
13211321 50) South No Degrees 58 Minutes 56 Seconds East, 227.84
13221322 feet;
13231323 51) South No Degrees 55 Minutes 28 Seconds East, 364.47
13241324 feet;
13251325 52) South No Degrees 43 Minutes 36 Seconds East, 677.38
13261326 feet;
13271327 53) South 02 Degrees 16 Minutes 35 Seconds East, 146.30 feet
13281328 to the beginning of a curve to the left having a radius 486.86;
13291329 THENCE with the north and west line of Plymouth Road the following
13301330 eleven courses and distances:
13311331 1) Continuing along said curve to the left having a central
13321332 angle of 15 Degrees 55 Minutes 06 Seconds, a Chord bearing South 18
13331333 Degrees 17 Minutes 03 Seconds West and distance of 134.83 feet;
13341334 2) South 20 Degrees 04 Minutes 34 Seconds West, 150.05 feet
13351335 to the beginning of a curve to the right having a radius 433.59;
13361336 3) Continuing along said curve to the right having a central
13371337 angle of 76 Degrees 29 Minutes 19 Seconds, a Chord bearing South 49
13381338 Degrees 01 Minutes 54 Seconds West and distance of 536.80 feet;
13391339 4) North 89 Degrees 03 Minutes 40 Seconds West, 260.71 feet
13401340 to the beginning of a curve to the left having a radius 239.95;
13411341 5) Continuing along said curve to the left having a central
13421342 angle of 68 Degrees 37 Minutes 32 Seconds, a Chord bearing South 62
13431343 Degrees 29 Minutes 30 Seconds West and distance of 270.52 feet;
13441344 6) South 31 Degrees 55 Minutes 20 Seconds West, 224.13 feet
13451345 to the beginning of a curve to the left, having a radius of 776.66;
13461346 7) Continuing along said curve to the left, having a delta
13471347 angle of 27 Degrees 22 Minutes 33 Seconds, a Chord bearing South 16
13481348 Degrees 11 Minutes 34 Seconds West and a distance of 367.57 feet;
13491349 8) South 10 Degrees 00 Minutes 58 Seconds East, 50.49 feet;
13501350 9) South 02 Degrees 26 Minutes 38 Seconds West, 401.40 feet
13511351 to the intersection of the west line of Plymouth Road and the north
13521352 line of Davis Street;
13531353 THENCE South 89 Degrees 47 Minutes 40 Seconds West, a distance of
13541354 3498.61 feet to the intersection of the north line of Davis Street
13551355 and the east line of Westmoreland Road;
13561356 THENCE in a northerly direction along the east line of Westmoreland
13571357 Road, the following courses and distances;
13581358 North 00 Degrees 50 Minutes 38 Seconds West, a distance of
13591359 1495.20 feet;
13601360 North 00 Degrees 53 Minutes 40 Seconds West, a distance of
13611361 537.47 feet;
13621362 THENCE departing the east line of Westmoreland Road, South 88
13631363 Degrees 31 Minutes 29 Seconds West, a distance of 92.29 feet, to a
13641364 point in the west line of Westmoreland Road;
13651365 THENCE with the meanders of the tracts of land described in the
13661366 following deeds: SLF III/INCAP L.P. recorded in Instrument Number
13671367 20080313895 and 20080313879, Adbitrain Realty, LLC recorded in
13681368 Instrument Number 20030311829, Fred C. Nagle, Jr. recorded in
13691369 Volume 89217, Page 4038, Connie M. Nagle recorded in Volume 92212,
13701370 Page 0233 and Richard A. Patten, Joseph McElroy, III, Mike Marshall
13711371 and Janus Assoc. LTD. Recorded in Volume 2002070, Page 8927, Deed
13721372 Records, Dallas County, Texas, the following Fifty-seven courses
13731373 and distances:
13741374 1) North 00 Degrees 25 Minutes 22 Seconds West, a distance
13751375 of 1008.88 feet to the beginning of a curve to the right, having a
13761376 radius of 623.69 and a delta angle of 26 Degrees 56 Minutes 51
13771377 Seconds;
13781378 2) Continuing along said curve to the right a distance of
13791379 293.33 feet, Chord bears North 12 Degrees 32 Minutes 44 Seconds
13801380 East, a distance of 290.64 feet;
13811381 3) North 00 Degrees 39 Minutes 45 Seconds West, a distance
13821382 of 36.81 feet to the beginning of a curve to the right, having a
13831383 radius of 306.48 feet and a delta angle of 38 Degrees 34 Minutes 26
13841384 Seconds;
13851385 4) Continuing along said curve to the right for a distance
13861386 of 206.33 feet, Chord bears North 39 Degrees 31 Minutes 39 Seconds
13871387 East, a distance of 202.46 feet;
13881388 5) North 58 Degrees 48 Minutes 23 Seconds East, a distance
13891389 of 44.70 feet;
13901390 6) North 43 Degrees 22 Minutes 34 Seconds East, a distance
13911391 of 49.00 feet;
13921392 7) North 43 Degrees 22 Minutes 34 Seconds East, a distance
13931393 of 28.30 feet;
13941394 8) North 00 Degrees 58 Minutes 46 Seconds West, a distance
13951395 of 30.42 feet;
13961396 9) South 89 Degrees 23 Minutes 16 Seconds West, a distance
13971397 of 226.39 feet
13981398 10) North 03 Degrees 27 Minutes 44 Seconds West, a distance
13991399 of 179.42 feet;
14001400 11) South 87 Degrees 34 Minutes 00 Seconds East, a distance
14011401 of 98.56 feet;
14021402 12) North 02 Degrees 51 Minutes 31 Seconds East, a distance
14031403 of 122.25 feet;
14041404 13) North 89 Degrees 36 Minutes 33 Seconds East, a distance
14051405 of 93.41 feet;
14061406 14) North 02 Degrees 00 Minutes 04 Seconds East, a distance
14071407 of 120.55 feet;
14081408 15) North 89 Degrees 56 Minutes 26 Seconds East, a distance
14091409 of 136.90 feet;
14101410 16) North 17 Degrees 30 Minutes 57 Seconds East, a distance
14111411 of 103.63 feet;
14121412 17) North 89 Degrees 27 Minutes 29 Seconds East, a distance
14131413 of 357.56 feet;
14141414 18) North 00 Degrees 19 Minutes 16 Seconds East, a distance
14151415 of 166.00 feet;
14161416 19) South 89 Degrees 52 Minutes 44 Seconds East, a distance
14171417 of 266.51 feet;
14181418 20) South 00 Degrees 38 Minutes 56 Seconds West, a distance
14191419 of 116.08 feet;
14201420 21) South 89 Degrees 51 Minutes 31 Seconds East, a distance
14211421 of 96.31 feet;
14221422 22) North 02 Degrees 27 Minutes 58 Seconds East, a distance
14231423 of 116.21 feet;
14241424 23) North 02 Degrees 41 Minutes 15 Seconds East, a distance
14251425 of 666.54 feet;
14261426 24) North 02 Degrees 20 Minutes 59 Seconds East, a distance
14271427 of 146.95 feet;
14281428 25) South 89 Degrees 46 Minutes 01 Seconds West, a distance
14291429 of 399.19 feet;
14301430 26) South 88 Degrees 59 Minutes 27 Seconds West, a distance
14311431 of 258.93 feet;
14321432 27) North 00 Degrees 10 Minutes 44 Seconds West, a distance
14331433 of 335.96 feet;
14341434 28) South 88 Degrees 56 Minutes 08 Seconds West, a distance
14351435 of 331.24 feet;
14361436 29) North 00 Degrees 52 Minutes 18 Seconds West, a distance
14371437 of 363.82 feet;
14381438 30) North 89 Degrees 11 Minutes 22 Seconds East, a distance
14391439 of 562.19 feet;
14401440 31) North 00 Degrees 23 Minutes 34 Seconds West, a distance
14411441 of 56.18 feet;
14421442 32) South 89 Degrees 08 Minutes 52 Seconds West, a distance
14431443 of 10.46 feet;
14441444 33) North 00 Degrees 37 Minutes 02 Seconds West, a distance
14451445 of 475.19 feet;
14461446 34) North 68 Degrees 20 Minutes 23 Seconds West, a distance
14471447 of 353.92 feet;
14481448 35) South 89 Degrees 56 Minutes 26 Seconds West, a distance
14491449 of 962.75 feet;
14501450 36) North 88 Degrees 58 Minutes 00 Seconds West, a distance
14511451 of 845.36 feet;
14521452 37) South 27 Degrees 00 Minutes 04 Seconds West, a distance
14531453 of 138.66 feet;
14541454 38) South 62 Degrees 59 Minutes 56 Seconds East, a distance
14551455 of 27.50 feet;
14561456 39) South 27 Degrees 00 Minutes 04 Seconds West, a distance
14571457 of 282.40 feet to the beginning of a curve to the right, having a
14581458 radius of 2028.17 feet and a delta angle of 07 Degrees 05 Minutes 26
14591459 Seconds;
14601460 40) Continuing along said curve to the right, a distance of
14611461 250.99 feet, Chord bears South 30 Degrees 36 Minutes 04 Seconds
14621462 West, a distance of 250.83 feet to the beginning of a curve to the
14631463 right, having a radius of 1042.38 feet and a delta angle of 13
14641464 Degrees 20 Minutes 33 Seconds;
14651465 41) Continuing along said curve to the right, a distance of
14661466 242.74 feet, Chord bears South 40 Degrees 52 Minutes 21 Seconds
14671467 West, a distance of 242.19 feet;
14681468 42) South 01 Degrees 02 Minutes 21 Seconds East, a distance
14691469 of 285.07 feet;
14701470 43) South 00 Degrees 53 Minutes 34 Seconds East, a distance
14711471 of 250.77 feet;
14721472 44) South 45 Degrees 02 Minutes 22 Seconds East, a distance
14731473 of 1323.99 feet;
14741474 45) South 00 Degrees 09 Minutes 40 Seconds East, a distance
14751475 of 924.15 feet;
14761476 46) South 88 Degrees 46 Minutes 00 Seconds West, a distance
14771477 of 70.05 feet to the beginning of a curve to the left, having a
14781478 radius of 918.00 feet and a delta angle of 30 Degrees 53 Minutes 54
14791479 Seconds;
14801480 47) Continuing along said curve to the left, a distance of
14811481 495.06 feet, Chord bears South 32 Degrees 00 Minutes 41 Seconds
14821482 East, a distance of 489.08 feet;
14831483 48) South 49 Degrees 19 Minutes 45 Seconds East, a distance
14841484 of 131.71 feet;
14851485 49) South 49 Degrees 19 Minutes 45 Seconds East, a distance
14861486 of 113.68 feet;
14871487 50) South 47 Degrees 27 Minutes 39 Seconds East, a distance
14881488 of 877.46 feet to the beginning of a curve to the right, having a
14891489 radius of 524.17 feet and a delta angle of 69 Degrees 51 Minutes 51
14901490 Seconds;
14911491 51) Continuing along said curve to the right, a distance of
14921492 639.16 feet, Chord bears South 14 Degrees 13 Minutes 44 Seconds
14931493 East, a distance of 600.29 feet, to the beginning of a curve to the
14941494 left, having a radius of 368.00 feet and a delta angle of 58 Degrees
14951495 57 Minutes 10 Seconds;
14961496 52) Continuing along said curve to the left, a distance of
14971497 378.64 feet, Chord bears South 07 Degrees 51 Minutes 31 Seconds
14981498 East, a distance of 362.16 feet;
14991499 53) South 88 Degrees 43 Minutes 04 Seconds East, a distance
15001500 of 12.69 feet;
15011501 54) North 40 Degrees 38 Minutes 54 Seconds East, a distance
15021502 of 19.87 feet;
15031503 55) North 00 Degrees 27 Minutes 31 Seconds West, a distance
15041504 of 581.42 feet;
15051505 56) North 89 Degrees 46 Minutes 56 Seconds East, a distance
15061506 of 185.67 feet;
15071507 57) North 89 Degrees 46 Minutes 56 Seconds West, a distance
15081508 of 226.22 feet to the west line of Westmoreland Road;
15091509 THENCE South 03 Degrees 41 Minutes 12 Seconds East, a distance of
15101510 84.08 feet;
15111511 THENCE South 00 Degrees 33 Minutes 20 Seconds East, a distance of
15121512 100.00 feet, along the west line of Westmoreland Road, to the
15131513 intersection of the west line of Westmoreland Road and the north
15141514 line of Fort Worth Avenue;
15151515 THENCE along the west line of Westmoreland Road, the following five
15161516 courses and distances:
15171517 1) South 00 Degrees 33 Minutes 20 Seconds East, a distance
15181518 of 155.36 feet;
15191519 2) South 04 Degrees 59 Minutes 09 Seconds East, a distance
15201520 of 116.15 feet;
15211521 3) South 00 Degrees 21 Minutes 55 Seconds East, a distance
15221522 of 82.98 feet;
15231523 4) South 00 Degrees 43 Minutes 59 Seconds East, a distance
15241524 of 937.30 feet;
15251525 5) South 02 Degrees 32 Minutes 41 Seconds East, a distance
15261526 of 184.19 feet, to the south line of Davis Street;
15271527 THENCE along the south line of Davis Street, the following eleven
15281528 courses and distance:
15291529 1) North 89 Degrees 44 Minutes 01 Seconds East, a distance
15301530 of 2451.54 feet;
15311531 2) North 89 Degrees 46 Minutes 12 Seconds East, a distance
15321532 of 1378.47 feet;
15331533 3) North 89 Degrees 00 Minutes 53 Seconds East, a distance
15341534 of 349.69 feet;
15351535 4) North 84 Degrees 34 Minutes 31 Seconds East, a distance
15361536 of 143.53 feet;
15371537 5) North 88 Degrees 55 Minutes 26 Seconds East, a distance
15381538 of 688.40 feet;
15391539 6) South 89 Degrees 27 Minutes 07 Seconds East, a distance
15401540 of 316.15 feet;
15411541 7) North 88 Degrees 25 Minutes 46 Seconds East, a distance
15421542 of 1262.57 feet;
15431543 8) North 88 Degrees 27 Minutes 23 Seconds East, a distance
15441544 of 399.02 feet;
15451545 9) North 88 Degrees 51 Minutes 18 Seconds East, a distance
15461546 of 53.61 feet;
15471547 10) South 88 Degrees 46 Minutes 53 Seconds East, a distance
15481548 of 138.62 feet;
15491549 11) South 65 Degrees 26 Minutes 30 Seconds East, a distance
15501550 of 11.71 feet;
15511551 THENCE with the meanders of the tract of land conveyed to Cliffwood
15521552 Development LLC recorded in Instrument Number 20070042742 of the
15531553 Deed Records of Dallas County, Texas, the following seven courses
15541554 and distances:
15551555 1) South 00 Degrees 35 Minutes 08 Seconds East, a distance
15561556 of 249.44 feet;
15571557 2) South 87 Degrees 54 Minutes 17 Seconds East, a distance
15581558 of 174.21 feet;
15591559 3) North 41 Degrees 57 Minutes 58 Seconds East, a distance
15601560 of 27.63 feet;
15611561 4) North 89 Degrees 10 Minutes 58 Seconds East, a distance
15621562 of 486.63 feet;
15631563 5) South 00 Degrees 40 Minutes 58 Seconds West, a distance
15641564 of 35.49 feet;
15651565 6) North 89 Degrees 50 Minutes 58 Seconds East, a distance
15661566 of 227.76 feet;
15671567 7) North 00 Degrees 09 Minutes 02 Seconds West, a distance
15681568 of 250.00 feet;
15691569 THENCE North 72 Degrees 12 Minutes 17 Seconds East, a distance of
15701570 130.39 feet, to the south line of Davis Street;
15711571 THENCE along the south line of Davis Street, the following six
15721572 courses and distances:
15731573 1) North 89 Degrees 29 Minutes 55 Seconds East, a distance
15741574 of 2221.81 feet;
15751575 2) North 88 Degrees 44 Minutes 16 Seconds East, a distance
15761576 of 800.75 feet;
15771577 3) North 89 Degrees 23 Minutes 13 Seconds East, a distance
15781578 of 1891.87 feet;
15791579 4) North 88 Degrees 59 Minutes 05 Seconds East, a distance
15801580 of 959.05 feet;
15811581 5) South 89 Degrees 45 Minutes 19 Seconds East, a distance
15821582 of 1108.73 feet;
15831583 6) North 89 Degrees 54 Minutes 57 Seconds East, a distance
15841584 of 267.08 feet, to the POINT OF BEGINNING and containing 455.938
15851585 acres of land, more or less.
15861586 (b) The following separately described land is also
15871587 included as a part of and within the district:
15881588 A 1.781 acre tract of land situated in the Thackery Griffin
15891589 Survey Abstract No. 511, and being part of the City of Dallas Block
15901590 Numbers 7217 in the City of Dallas, Dallas County, Texas and being
15911591 all of Tract 2 of Exhibit "A-5" Described in a deed to SLF III/
15921592 INCAP, LP, recorded in Instrument Number 20080313895, Deed Records
15931593 of Dallas County, Texas and being more particularly described by
15941594 metes and bounds as follows:
15951595 BEGINNING at a point in the South right-of way (Variable width) line
15961596 of Interstate Highway No.30 and the Northwest corner of said INCAP
15971597 tract;
15981598 THENCE with the meanders of the said INCAP tract of land, the
15991599 following Seven courses and distances:
16001600 58) South 88 Degrees 56 Minutes 33 Seconds East, a distance
16011601 of 316.21 feet;
16021602 59) South 26 Degrees 54 Minutes 38 Seconds West, a distance
16031603 of 47.15 feet;
16041604 60) North 63 Degrees 05 Minutes 22 Seconds West, a distance
16051605 of 27.51 feet;
16061606 61) South 26 Degrees 54 Minutes 38 Seconds West, a distance
16071607 of 282.40 feet to the beginning of a curve to the right, having a
16081608 radius of 1817.36 feet and a delta angle of 06 Degrees 50 Minutes 42
16091609 Seconds;
16101610 62) Continuing along said curve to the right, a distance of
16111611 217.12 feet, Chord bears North 30 Degrees 19 Minutes 59 Seconds
16121612 East, a distance of 216.99 feet;
16131613 63) South 35 Degrees 29 Minutes 25 Seconds West, a distance
16141614 of 41.56 feet;
16151615 North 00 Degrees 59 Minutes 13 Seconds West, a distance of
16161616 508.45 feet, to the POINT OF BEGINNING and containing 1.781 acres of
16171617 land, more or less.
16181618 SECTION 3. The legislature finds that:
16191619 (1) proper and legal notice of the intention to
16201620 introduce this Act, setting forth the general substance of this
16211621 Act, has been published as provided by law, and the notice and a
16221622 copy of this Act have been furnished to all persons, agencies,
16231623 officials, or entities to which they are required to be furnished by
16241624 the constitution and laws of this state, including the governor,
16251625 who has submitted the notice and Act to the Texas Commission on
16261626 Environmental Quality;
16271627 (2) the Texas Commission on Environmental Quality has
16281628 filed its recommendations relating to this Act with the governor,
16291629 lieutenant governor, and speaker of the house of representatives
16301630 within the required time;
16311631 (3) the general law relating to consent by political
16321632 subdivisions to the creation of districts with conservation,
16331633 reclamation, and road powers and the inclusion of land in those
16341634 districts has been complied with; and
16351635 (4) all requirements of the constitution and laws of
16361636 this state and the rules and procedures of the legislature with
16371637 respect to the notice, introduction, and passage of this Act have
16381638 been fulfilled and accomplished.
16391639 SECTION 4. This Act takes effect immediately if it receives
16401640 a vote of two-thirds of all the members elected to each house, as
16411641 provided by Section 39, Article III, Texas Constitution. If this
16421642 Act does not receive the vote necessary for immediate effect, this
16431643 Act takes effect September 1, 2009.
16441644 ______________________________ ______________________________
16451645 President of the Senate Speaker of the House
16461646 I hereby certify that S.B. No. 2501 passed the Senate on
16471647 May 5, 2009, by the following vote: Yeas 29, Nays 0.
16481648 ______________________________
16491649 Secretary of the Senate
16501650 I hereby certify that S.B. No. 2501 passed the House on
16511651 May 26, 2009, by the following vote: Yeas 145, Nays 0, two present
16521652 not voting.
16531653 ______________________________
16541654 Chief Clerk of the House
16551655 Approved:
16561656 ______________________________
16571657 Date
16581658 ______________________________
16591659 Governor