S.B. No. 233
AN ACT
relating to the creation of the Rowlett Pecan Grove Management
District; providing authority to impose a tax, levy an assessment,
and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3895 to read as follows:
CHAPTER 3895. ROWLETT PECAN GROVE MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3895.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Rowlett, Texas.
(3) "Director" means a board member.
(4) "District" means the Rowlett Pecan Grove
Management District.
(5) "Improvement project" means any program or project
authorized by Section 3895.102, inside or outside the district.
Sec. 3895.002. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution.
Sec. 3895.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city or Dallas County from providing the
level of services provided to the area in the district as of the
effective date of the Act enacting this chapter. The district is
created to supplement and not to supplant the city and county
services provided in the district.
Sec. 3895.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, potential employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic and
aesthetic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be an
improvement project that includes a street or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3895.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act creating
this chapter, as that territory may have been modified under
Section 3895.109 or other law.
(b) The boundaries and field notes of the district contained
in Section 2 of the Act creating this chapter form a closure. A
mistake in the field notes of the district contained in Section 2 of
the Act creating this chapter or in copying the field notes in the
legislative process does not in any way affect the district's:
(1) organization, existence, or validity;
(2) right to contract, including the right to issue
any type of bond or other obligation for a purpose for which the
district is created;
(3) right to impose or collect an assessment, tax, or
any other revenue; or
(4) legality or operation.
Sec. 3895.006. ELIGIBILITY FOR REINVESTMENT OR ENTERPRISE
ZONES. (a) All or any part of the area of the district is
eligible, regardless of other statutory criteria, to be included
in:
(1) a tax increment reinvestment zone created by the
city under Chapter 311, Tax Code; or
(2) a tax abatement reinvestment zone created by the
city under Chapter 312, Tax Code.
(b) All or any part of the area of the district is eligible
to be nominated for inclusion in an enterprise zone by the city
under Chapter 2303, Government Code.
Sec. 3895.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3895.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3895.009-3895.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3895.051. BOARD OF DIRECTORS. The district is
governed by a board of five directors appointed under Section
3895.052 and three directors serving ex officio under Section
3895.053.
Sec. 3895.052. APPOINTMENT OF DIRECTORS; TERMS. (a) The
mayor and governing body of the city shall appoint voting
directors. A person is appointed if a majority of the members of
the governing body, including the mayor, vote to appoint that
person. A member of the governing body of the city may not be
appointed to the board.
(b) Section 375.063, Local Government Code, does not apply
to the district.
(c) The appointed directors serve staggered terms of four
years, with two or three directors' terms expiring June 1 of each
odd-numbered year.
(d) A person may not be appointed to the board if the
appointment of that person would result in fewer than three of the
directors residing in the city.
(e) The governing body of the city shall appoint a director
to fill a vacancy that occurs on the board.
(f) A director is a public official entitled to governmental
immunity for the director's official actions.
Sec. 3895.053. NONVOTING DIRECTORS. (a) The following
persons serve as nonvoting ex officio directors:
(1) the manager of the city;
(2) the financial director of the city; and
(3) the planning director of the city.
(b) If an office described by Subsection (a) is renamed,
changed, or abolished, the governing body of the city may appoint
another city officer or employee who performs duties comparable to
those performed by the officer described by Subsection (a).
Sec. 3895.054. CONFLICTS OF INTEREST. (a) Except as
provided by Section 3895.053 or this section:
(1) a director may participate in all board votes and
decisions; and
(2) Chapter 171, Local Government Code, governs
conflicts of interest of board members.
(b) A director who has a beneficial interest in a business
entity that will receive a pecuniary benefit from an action of the
board may participate in discussion and vote on that action if a
majority of the board has a similar interest in the same action or
if all other similar business entities in the district will receive
a similar pecuniary benefit.
(c) A director who is also an officer or employee of a public
entity may not participate in a discussion of or vote on a matter
regarding a contract with that same public entity.
Sec. 3895.055. DIRECTOR'S OATH OR AFFIRMATION. A
director's oath or affirmation of office shall be filed with the
district and the district shall retain the oath or affirmation in
the district records.
Sec. 3895.056. OFFICERS. The board shall elect from among
the directors a chair, vice chair, and secretary.
Sec. 3895.057. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF
EXPENSES. A director is not entitled to compensation for service on
the board but is entitled to be reimbursed for necessary expenses
incurred in carrying out the duties and responsibilities of a
director.
Sec. 3895.058. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
(1)__________________________________;
(2)__________________________________;
(3)__________________________________;
(4)__________________________________; and
(5)__________________________________.
(b) Of the initial directors, the terms of directors
appointed for positions 1 and 2 expire June 1, 2013, and the terms
of directors appointed for positions 3 through 5 expire June 1,
2015.
(c) This section expires September 1, 2015.
Sec. 3895.059. QUORUM. For purposes of determining whether
a quorum of the board is present, the following are not counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
[Sections 3895.060-3895.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3895.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties provided by:
(1) the general laws relating to conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code;
(2) the general laws relating to road districts and
road utility districts created under Section 52(b), Article III,
Texas Constitution, including Chapter 441, Transportation Code;
and
(3) Chapter 375, Local Government Code.
Sec. 3895.102. IMPROVEMENT PROJECTS. (a) The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, the following types of improvement
projects or activities in support of or incidental to those
projects:
(1) a supply and distribution facility or system to
provide potable and city-approved nonpotable water to the residents
and businesses of the district, including a wastewater collection
facility;
(2) a paved road or street, inside and outside the
district, to the extent authorized by Section 52, Article III,
Texas Constitution;
(3) the planning, design, construction, improvement,
and maintenance of:
(A) landscaping;
(B) highway right-of-way or transit corridor
beautification and improvement;
(C) lighting, banners, and signs;
(D) a street or sidewalk;
(E) a hiking and cycling path or trail;
(F) a pedestrian walkway, skywalk, crosswalk, or
tunnel;
(G) a park, lake, garden, recreational facility,
sports facility, open space, scenic area, or related exhibit or
preserve;
(H) a fountain, plaza, or pedestrian mall; or
(I) a drainage or storm-water detention
improvement;
(4) protection and improvement of the quality of storm
water that flows through the district;
(5) the planning, design, construction, improvement,
maintenance, and operation of:
(A) a water or sewer facility; or
(B) an off-street parking facility or heliport;
(6) the planning and acquisition of:
(A) public art and sculpture and related exhibits
and facilities; or
(B) an educational and cultural exhibit or
facility;
(7) the planning, design, construction, acquisition,
lease, rental, improvement, maintenance, installation, and
management of and provision of furnishings for a facility for:
(A) a conference, convention, or exhibition;
(B) a manufacturer, consumer, or trade show;
(C) a civic, community, or institutional event;
or
(D) an exhibit, display, attraction, special
event, or seasonal or cultural celebration or holiday;
(8) the removal, razing, demolition, or clearing of
land or improvements in connection with an improvement project;
(9) the acquisition and improvement of land or other
property for the mitigation of the environmental effects of an
improvement project;
(10) the acquisition of property or an interest in
property in connection with an authorized improvement project;
(11) a special or supplemental service for the
improvement and promotion of the district or an area adjacent to the
district or for the protection of public health and safety in or
adjacent to the district, including:
(A) advertising;
(B) promotion;
(C) tourism;
(D) health and sanitation;
(E) public safety;
(F) security;
(G) fire protection or emergency medical
services;
(H) business recruitment;
(I) development;
(J) elimination of traffic congestion; and
(K) recreational, educational, or cultural
improvements, enhancements, and services; or
(12) any similar public improvement, facility, or
service.
(b) The district may not undertake an improvement project
under this section unless the board determines the project to be
necessary to accomplish a public purpose of the district.
(c) An improvement project must comply with any applicable
city requirements, including codes and ordinances.
(d) The district may not provide, conduct, or authorize any
improvement project on the city streets, highways, rights-of-way,
or easements without the consent of the governing body of the city.
(e) The district shall immediately comply with any city
ordinance, order, or resolution that:
(1) requires the district to transfer to the city the
title to all or any portion of an improvement project; or
(2) authorizes the district to own, encumber,
maintain, and operate an improvement project, subject to the right
of the city to order a conveyance of the project to the city on a
date determined by the city.
(f) For the purposes of this section, planning, design,
construction, improvement, and maintenance of a lake include work
done for drainage, reclamation, or recreation.
Sec. 3895.103. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 3895.104. GENERAL POWERS REGARDING CONTRACTS.
(a) The district may:
(1) contract with any person to accomplish any
district purpose, including a contract for:
(A) the payment, repayment, or reimbursement of
costs incurred by that person on behalf of the district, including
all or part of the costs of an improvement project and interest on
the reimbursed cost; or
(B) the use, occupancy, lease, rental,
operation, maintenance, or management of all or part of a proposed
or existing improvement project; and
(2) apply for and contract with any person to receive,
administer, and perform a duty or obligation of the district under a
federal, state, local, or private gift, grant, loan, conveyance,
transfer, bequest, or other financial assistance arrangement
relating to the investigation, planning, analysis, study, design,
acquisition, construction, improvement, completion,
implementation, or operation by the district or others of a
proposed or existing improvement project.
(b) A contract the district enters into to carry out a
purpose of this chapter may be on any terms and for any period the
board determines, including a negotiable or nonnegotiable note or
warrant payable to the city, Dallas County, and any other person.
(c) Any person may contract with the district to carry out
the purposes of this chapter without further statutory or other
authorization.
(d) A contract payable from ad valorem taxes for a period
longer than one year must be approved by the governing body of the
city.
Sec. 3895.105. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies only to a district contract that has a
value of more than $50,000.
Sec. 3895.106. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers that:
(1) Chapter 380, Local Government Code, provides to a
municipality; and
(2) Subchapter A, Chapter 1509, Government Code,
provides to a municipality.
Sec. 3895.107. RULES; ENFORCEMENT. (a) The district may
adopt rules:
(1) to administer or operate the district;
(2) for the use, enjoyment, availability, protection,
security, and maintenance of the district's property and
facilities; or
(3) to provide for public safety and security in the
district.
(b) The district may enforce its rules by injunctive relief.
(c) To the extent a district rule conflicts with a city rule
or order, the city rule or order controls.
Sec. 3895.108. NAME CHANGE. The board by resolution may
change the district's name. The board shall give written notice of
the change to the city.
Sec. 3895.109. ADDING OR REMOVING TERRITORY. The board may
add or remove territory under Subchapter J, Chapter 49, and Section
54.016, Water Code, except that:
(1) the addition or removal of the territory must be
approved by:
(A) the governing body of the city; and
(B) the owners of the territory being added or
removed;
(2) a reference to a tax in Subchapter J, Chapter 49,
or Section 54.016, Water Code, means an ad valorem tax; and
(3) territory may not be removed from the district if
bonds or other obligations of the district payable wholly or partly
from ad valorem taxes on the territory are outstanding.
Sec. 3895.110. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
Sec. 3895.111. NO TOLL ROADS. The district may not
construct, acquire, maintain, or operate a toll road.
Sec. 3895.112. DISTRICT EMPLOYEES; TERMS OF EMPLOYMENT;
COMPENSATION. The board may employ and establish the terms of
employment and compensation of:
(1) an executive director or general manager; or
(2) any other district employee the board considers
necessary.
[Sections 3895.113-3895.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3895.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
Except as provided by Section 3895.161, the district may:
(1) impose an ad valorem tax on all taxable property in
the district, including industrial, commercial, and residential
property, to pay for an improvement project;
(2) impose an assessment on property in the district
in the manner provided for:
(A) a district under Subchapter F, Chapter 375,
Local Government Code; or
(B) a municipality or county under Subchapter A,
Chapter 372, Local Government Code;
(3) provide or secure the payment or repayment of the
costs and expenses of the establishment, administration, and
operation of the district and the district's costs or share of the
costs or revenue of an improvement project or district contractual
obligation or indebtedness by or through:
(A) a lease, installment purchase contract, or
other agreement with any person;
(B) the imposition of a tax, assessment, user
fee, concession fee, or rental charge; or
(C) any other revenue or resource of the
district;
(4) establish user charges related to the operation of
storm-water facilities, including the regulation of storm water for
the protection of water quality in the district;
(5) establish user charges for the use of nonpotable
water for irrigation purposes, subject to the approval of the
governing body of the city;
(6) undertake separately or jointly with other
persons, including the city or Dallas County, all or part of the
cost of an improvement project, including an improvement project:
(A) for improving, enhancing, and supporting
public safety and security, fire protection and emergency medical
services, and law enforcement in and adjacent to the district; or
(B) that confers a general benefit on the entire
district or a special benefit on a definable part of the district;
and
(7) enter into a tax abatement agreement in accordance
with the general laws of this state authorizing and applicable to
tax abatement agreements by municipalities.
Sec. 3895.152. BORROWING MONEY. The district may borrow
money for a district purpose by issuing or executing bonds, notes,
credit agreements, or other obligations of any kind found by the
board to be necessary or appropriate for the district purpose. The
bond, note, credit agreement, or other obligation must be secured
by and payable from ad valorem taxes, assessments, or other
district revenue.
Sec. 3895.153. IMPACT FEES AND ASSESSMENTS; EXEMPTION.
(a) The district may impose an impact fee or assessment on
property in the district, including an impact fee or assessment on
residential or commercial property, only in the manner provided by
Subchapter A, Chapter 372, or Subchapter F, Chapter 375, Local
Government Code, for a municipality, county, or public improvement
district, according to the benefit received by the property.
(b) An impact fee for residential property must be for the
limited purpose of providing capital funding for:
(1) public water and wastewater facilities;
(2) drainage and storm-water facilities; and
(3) streets and alleys.
(c) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, or an expense of collection of an assessment,
including reasonable attorney's fees, incurred by the district:
(1) is a first and prior lien against the property
assessed; and
(2) is superior to any other lien or claim other than a
lien or claim for county, school district, or municipal ad valorem
taxes.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
(e) The district may not impose an impact fee on the
property, including equipment and facilities, of a public utility
provider in the district.
Sec. 3895.154. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
Section 375.161, Local Government Code, does not apply to the
district.
Sec. 3895.155. MAINTENANCE AND OPERATION TAX; ELECTION.
(a) Except as provided by Section 3895.161, the district may
impose a tax for maintenance and operation purposes, including for:
(1) planning, constructing, acquiring, maintaining,
repairing, and operating all improvement projects, including land,
plants, works, facilities, improvements, appliances, and equipment
of the district; and
(2) paying costs of services, engineering and legal
fees, and organization and administrative expenses.
(b) The district may not impose a maintenance and operation
tax unless the maximum tax rate is approved by the governing body of
the city and a majority of the district voters voting at an election
held for that purpose. If the maximum tax rate is approved, the
board may impose the tax at any rate that does not exceed the
approved rate.
(c) A maintenance and operation tax election may be held at
the same time and in conjunction with any other district election.
The election may be called by a separate election order or as part
of any other election order.
(d) The proposition in a maintenance and operation tax
election may be for a specific maximum rate.
Sec. 3895.156. USE OF SURPLUS MAINTENANCE AND OPERATION
MONEY. If the district has surplus maintenance and operation tax
money that is not needed for the purposes for which it was
collected, the money may be used for any authorized purpose.
Sec. 3895.157. BOND ISSUANCE PLAN REQUIRED BEFORE ISSUING
BONDS. The district may not issue bonds until the governing body of
the city approves a bond issuance plan authorizing and setting
forth the limitations on the issuance of the bonds.
Sec. 3895.158. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
APPROVAL. (a) Except as provided by Sections 3895.157 and
3895.161, the district may issue, by competitive bid or negotiated
sale, bonds, notes, or other obligations payable wholly or partly
from ad valorem taxes or assessments in the manner provided by
Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
Government Code.
(b) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
(c) In addition to the sources of money described by
Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
Government Code, district bonds may be secured and made payable
wholly or partly by a pledge of any part of the net proceeds the
district receives from any other district revenue.
Sec. 3895.159. BOND MATURITY. Bonds must mature not more
than 40 years from their date of issue.
Sec. 3895.160. TAXES FOR BONDS AND OTHER OBLIGATIONS.
(a) At the time bonds or other obligations payable wholly or
partly from ad valorem taxes are issued:
(1) the board shall impose a continuing direct annual
ad valorem tax, without limit as to rate or amount, for each year
that all or part of the bonds are outstanding; and
(2) the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due;
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date; and
(C) pay the expenses of imposing the taxes.
(b) Bonds or other obligations that are secured by and
payable from ad valorem taxes may not be issued unless the bonds and
the imposition of the taxes are approved by:
(1) a majority of the district voters voting at an
election held for that purpose; and
(2) the governing body of the city.
(c) The district shall hold an election required by this
section in the manner provided by Chapter 54, Water Code.
Sec. 3895.161. PROJECT DEVELOPMENT AGREEMENT REQUIRED TO
IMPOSE TAXES OR BORROW MONEY, INCLUDING BONDS. Before the district
may issue bonds, impose taxes, or borrow money, the district and the
city must negotiate and execute a mutually approved and accepted
interlocal project development agreement regarding the development
plans and rules for:
(1) the development and operation of the district; and
(2) the financing of improvement projects.
Sec. 3895.162. CITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the city is not required to pay a bond, note, or
other obligation of the district.
[Sections 3895.163-3895.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3895.201. DISSOLUTION BY CITY ORDINANCE. (a) If the
city adopts by a two-thirds vote of its governing body an ordinance
to dissolve the district, the district is dissolved.
(b) The district may not be dissolved until the district's
outstanding indebtedness or contractual obligations payable from
ad valorem taxes have been repaid or discharged.
(c) The district may not be dissolved until any agreement
under Section 3895.161 has been executed and the district's
performance under the agreement has been fulfilled, including any
right or obligation the district has to reimburse a developer or
owner for the costs of improvement projects.
Sec. 3895.202. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
(a) If the dissolved district has bonds or other obligations
outstanding secured by and payable from assessments or other
revenue, other than ad valorem taxes, the city succeeds to the
rights and obligations of the district regarding enforcement and
collection of the assessments or other revenue.
(b) If the district is dissolved, the city has and may
exercise all district powers to enforce and collect the assessments
or other revenue to pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) special revenue or assessment bonds or other
obligations issued by the city to refund the outstanding bonds or
obligations.
Sec. 3895.203. ASSUMPTION OF ASSETS AND LIABILITIES.
(a) The district may not be dissolved by the city unless the city
assumes the obligations of the district, including any bonds or
other indebtedness payable from assessments or other district
revenue.
(b) If the city dissolves the district, the board shall
transfer ownership of all district property to the city.
SECTION 2. The Rowlett Pecan Grove Management District
initially includes all territory contained in the following area:
TRACT 1: BEING Lots 1 and 2, in Block A of Pecan Grove Park
Addition, an Addition to the City of Rowlett, Dallas County, Texas,
according to the Map thereof recorded under cc#200600238026, Real
Property Records of Dallas County, Texas; and
TRACT 2: BEING all that certain lot, tract or parcel of land
situated in the Thomas Lumley Survey, Abstract No. 789, City of
Rowlett, Dallas County, Texas, and being a part of a 87.934 acres
tract of land as described in a Special Warranty deed from Garland
Independent School District to City of Rowlett, dated August 27,
1997 and being recorded in Volume 97175, Page 1103 of the Deed
Records of Dallas County, Texas, and being more particularly
described as follows:
BEGINNING at a 3/8" iron rod found for corner in the east
right-of-way line of Kirby Road (variable width right-of-way) and
in the meanders of a creek, said point being at the west most
northwest corner of said 87.934 acres tract and at the southwest
corner of Lot 1, Block A, Rowlett High School, an Addition to the
City of Rowlett, Texas, according to the Map thereof recorded in
Volume 94179, Page 1344 of the Map Records of Dallas County, Texas;
THENCE in an easterly direction along the south line of said
Addition and generally along the meanders of said creek as follows:
S. 26 deg. 27 min. 49 sec. E. a distance of 111.48 feet;
N. 70 deg. 10 min. 55 sec. E. a distance of 260.00 feet;
S. 79 deg. 19 min. 59 sec. E. a distance of 195.00 feet;
N. 81 deg. 03 min. 35 sec. E. a distance of 110.00 feet;
S. 51 deg. 03 min. 57 sec. E. a distance of 60.00 feet;
N. 79 deg. 18 min. 55 sec. E. a distance of 175.00 feet;
S. 38 deg. 56 min. 57 sec. E. a distance of 142.00 feet;
N. 57 deg. 52 min. 19 sec. E. a distance of 115.00 feet;
S. 15 deg. 11 min. 06 sec. E. a distance of 108.00 feet;
S. 19 deg. 47 min. 39 sec. W. a distance of 106.00 feet;
S. 78 deg. 40 min. 34 sec. E. a distance of 335.00 feet;
S. 13 deg. 24 min. 39 sec. E. a distance of 92.20 feet;
THENCE N. 59 deg. 02 min. 24 sec. E. leaving the meanders of
said creek and continuing along the south line of said Addition, a
distance of 219.48 feet to a 1/2" iron rod found for corner at the
southeast corner of said Addition and being in the west line of a
100 foot T.P. & L. Co. easement as recorded in Volume 67115, Page
202 of the Deed Records of Dallas County, Texas;
THENCE N. 00 deg. 55 min. 24 sec. W. along the east line of
said Addition, a distance of 500.14 feet to a 5/8" iron rod found
for corner at the southwest corner of Lot 2, Block A, of Pecan Grove
Park Addition, an Addition to the City of Rowlett, Dallas County,
Texas, according to the Map thereof recorded under cc#200600238026,
Real Property Records of Dallas County, Texas;
THENCE N. 89 deg. 04 min. 17 sec. E. along the south line of
said Lot 2, a distance of 936.07 feet to a 5/8" iron rod found for
corner at the southeast corner of Lot 2 and the south most southwest
corner of said Lot 1;
THENCE N. 68 deg. 17 min. 12 sec. E. along the southeast line
of said Lot 1, a distance of 800.60 feet to a 5/8" iron rod found for
corner in the southwest right-of-way line of Dallas Area Rapid
Transit (100' R.O.W.)
THENCE S. 45 deg. 29 min. 56 sec. E. along said right-of-way
line, a distance of 97.69 feet to a 1/2" iron rod found for corner in
the west take line of the City of Dallas for Lake Ray Hubbard as
recorded in Volume 69061, Page 970 of the Deed Records of Dallas
County, Texas;
THENCE S. 18 deg. 04 min. 52 sec. E. along said take line, a
distance of 338.92 feet to a concrete monument with brass disk
marked "City of Dallas Water Dept. U-10-2" found for corner;
THENCE S. 02 deg. 36 min. 36 sec. E. along said take line, a
distance of 502.17 feet to a concrete monument with brass disk
marked "City of Dallas Water Dept. U-6-2" found for corner;
THENCE S. 19 deg. 09 min. 28 sec. W. along said take line, a
distance of 477.18 feet to a broken concrete monument with brass
disk marked "City of Dallas Water Dept. U-6-1" found for corner;
THENCE S. 89 deg. 19 min. 30 sec. W. along the north line of a
2.29 acres tract as described in a Deed to Singh Lalsingh Sanker, as
recorded in Volume 87085, Page 4639 of the Deed Records of Dallas
County, Texas, a distance of 705.12 feet to a 1/2" iron rod found
for corner in the east right-of-way line of Miller Heights Drive
(60' R.O.W.);
THENCE N. 02 deg. 54 min. 52 sec. E., along said right-of-way
line, a distance of 10.12 feet to a 1/2" iron rod found for corner;
THENCE S. 89 deg. 18 min. 25 sec. W. along said right-of-way
line, a distance of 2546.89 feet to a 1/2" iron rod found for corner
in the east right-of-way line of Kirby Road and being at the
southwest corner of said 87.934 acres tract;
THENCE N. 00 deg. 54 min. 25 sec. W. along said right-of-way
line, a distance of 569.41 feet to a 1/2" iron rod found for corner;
THENCE N. 05 deg. 30 min. 22 sec. E. along said right-of-way
line, a distance of 200.25 feet to a 1/2" iron rod found for corner;
THENCE N. 00 deg. 57 min. 36 sec. W. along said right-of-way
line, a distance of 123.69 feet to the POINT OF BEGINNING and
containing 3,171.925 square feet or 72.82 acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 233 passed the Senate on
April 14, 2011, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 23, 2011, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 233 passed the House, with
amendment, on May 19, 2011, by the following vote: Yeas 146,
Nays 2, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor