By: West S.B. No. 2244
(In the Senate - Filed March 15, 2017; April 3, 2017, read
first time and referred to Committee on Intergovernmental
Relations; May 2, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0, 1
present not voting; May 2, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2244 By: Bettencourt
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the University Hills Municipal
Management District; providing authority to issue bonds; providing
authority to impose assessments or fees.
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 3947 to read as follows:
CHAPTER 3947. UNIVERSITY HILLS MUNICIPAL MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3947.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Dallas, Texas.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "County" means Dallas County, Texas.
(5) "Director" means a board member.
(6) "District" means the University Hills Municipal
Management District.
Sec. 3947.002. CREATION AND NATURE OF DISTRICT. The
University Hills Municipal Management District is a special
district created under Sections 52 and 52-a, Article III, and
Section 59, Article XVI, Texas Constitution.
Sec. 3947.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
Sec. 3947.004. 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 district is created to accomplish the purposes of a
municipal management district as provided by general law and
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
(d) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(f) 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 a street
or road improvement.
Sec. 3947.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to contract;
(3) authority to borrow money or issue bonds or other
obligations described by Section 3947.253 or to pay the principal
and interest of the bonds or other obligations;
(4) right to impose or collect an assessment or
collect other revenue; or
(5) legality or operation.
Sec. 3947.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code; or
(3) an enterprise zone created under Chapter 2303,
Government Code.
(b) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city and the board of directors of
the zone, by contract with the district, may grant money deposited
in the tax increment fund to the district to be used by the district
for:
(1) the purposes permitted for money granted to a
corporation under Section 380.002(b), Local Government Code; and
(2) any other district purpose, including the right to
pledge the money as security for any bonds or other obligations
issued by the district under Section 3947.253.
(c) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city may determine the percentage
of the property in the zone that may be used for residential
purposes and is not subject to the limitations provided by Section
311.006, Tax Code.
Sec. 3947.007. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. On receipt of a petition signed by the owners of a
majority of the acreage and the assessed value of real property in
the district according to the most recent certified tax appraisal
roll for the county, the initial directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 3947.008. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICT LAW. (a) Except as provided by this chapter, Chapter 375,
Local Government Code, applies to the district.
(b) Subchapters B and O, Chapter 375, Local Government Code,
do not apply to the district.
Sec. 3947.009. CONSTRUCTION OF CHAPTER. This chapter shall
be construed in conformity with the findings and purposes stated in
this chapter.
Sec. 3947.010. CONCURRENCE ON ADDITIONAL POWERS. If the
legislature grants the district a power that is in addition to the
powers approved by the initial resolution of the governing body of
the city consenting to the creation of the district, the district
may not exercise that power unless the governing body of the city
consents to that change by ordinance or resolution.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3947.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 3947.054, directors serve
staggered four-year terms, with two or three directors' terms
expiring June 1 of each odd-numbered year.
Sec. 3947.052. BOARD MEETINGS. The board shall hold
meetings at a place accessible to the public.
Sec. 3947.053. REMOVAL OF DIRECTORS. (a) The board may
remove a director by unanimous vote of the other directors if the
director has missed at least half of the meetings scheduled during
the preceding 12 months.
(b) A director removed under this section may file a written
appeal with the commission not later than the 30th day after the
date the director receives written notice of the board action. The
commission may reinstate the director if the commission finds that
the removal was unwarranted under the circumstances after
considering the reasons for the absences, the time and place of the
meetings, the business conducted at the meetings missed, and any
other relevant circumstances.
Sec. 3947.054. INITIAL DIRECTORS. (a) The initial board
consists of:
Pos. No. Name of Director
1 Michael Beaty
2 Curtis Clinesmith
3 Susan Larson
4 Alan Michlin
5 Michael Warner
(b) Initial directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 3947.007; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 3947.007 and the terms of the initial directors have
expired, successor initial directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 3947.007; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
according to the most recent certified tax appraisal rolls for the
county may submit a petition to the commission requesting that the
commission appoint as successor initial directors the five persons
named in the petition. The commission shall appoint as successor
initial directors the five persons named in the petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3947.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3947.102. IMPROVEMENT PROJECTS. The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, the improvement projects described by
Subchapter C-1 or activities in support of or incidental to those
projects.
Sec. 3947.103. WATER DISTRICT POWERS. The district has the
powers provided by the general laws relating to conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code.
Sec. 3947.104. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads or
improvements, including storm drainage, in aid of those roads.
Sec. 3947.105. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 3947.106. NO TOLL ROADS. The district may not
construct, acquire, maintain, or operate a toll road.
Sec. 3947.107. PUBLIC IMPROVEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 372, Local Government
Code, to a municipality or county.
Sec. 3947.108. CONTRACT POWERS. The district may contract
with a governmental or private entity, on terms determined by the
board, to carry out a power or duty authorized by this chapter or to
accomplish a purpose for which the district is created.
Sec. 3947.109. AD VALOREM TAXATION. The district may not
impose an ad valorem tax.
Sec. 3947.110. LIMITATIONS ON EMERGENCY SERVICES POWERS.
The district may not establish, operate, maintain, or finance a
police or fire department without the consent of the city by
ordinance or resolution.
Sec. 3947.111. ADDING OR REMOVING TERRITORY. As provided
by Subchapter J, Chapter 49, Water Code, the board may add territory
inside the corporate boundaries or the extraterritorial
jurisdiction of the city to the district or remove territory inside
the corporate boundaries or the extraterritorial jurisdiction of
the city from the district, except that:
(1) the addition or removal of the territory must be
approved by the city;
(2) the addition or removal may not occur without
petition by the owners of the territory being added or removed; and
(3) territory may not be removed from the district if
bonds or other obligations of the district payable wholly or partly
from assessments assessed on the territory are outstanding.
Sec. 3947.112. ENFORCEMENT OF REAL PROPERTY RESTRICTIONS.
The district may enforce a real property restriction in the manner
provided by Section 54.237, Water Code, if, in the reasonable
judgment of the board, the enforcement of the restriction is
necessary.
Sec. 3947.113. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES
Sec. 3947.151. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service, including water, wastewater, drainage, and roadway
projects or services, using any money available to the district, or
contract with a governmental or private entity and reimburse that
entity for the provision, design, construction, acquisition,
improvement, relocation, operation, maintenance, or financing of
an improvement project, service, or cost, for the provision of
credit enhancement, or for any cost of operating or maintaining the
district or the issuance of district obligations authorized under
this chapter, Chapter 372 or 375, Local Government Code, or Chapter
49 or 54, Water Code.
Sec. 3947.152. BOARD DETERMINATION REQUIRED. The district
may not undertake an improvement project unless the board
determines the project is necessary to accomplish a public purpose
of the district.
Sec. 3947.153. LOCATION OF IMPROVEMENT PROJECT. An
improvement project may be located or provide service inside or
outside the district.
Sec. 3947.154. CITY REQUIREMENTS. An improvement project
in the district must comply with any applicable requirements of the
city, including codes and ordinances, unless specifically waived or
superseded by agreement with the city.
Sec. 3947.155. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE
AREA; BENEFIT BASIS. The district may undertake an improvement
project or service that confers a special benefit on a definable
area in the district and levy and collect a special assessment on
benefited property in the district in accordance with:
(1) Chapter 372, Local Government Code; or
(2) Chapter 375, Local Government Code.
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 3947.201. DIVISION OF DISTRICT; PREREQUISITES. (a)
Subject to Subsection (b), the district, including territory added
to the district under Section 3947.111, may be divided into two or
more new districts only if the district has no outstanding bonded
debt. Territory previously added to the district under Section
3947.111 may be included in a new district.
(b) If the board adds territory inside the corporate
boundaries or the extraterritorial jurisdiction of the city or any
other municipality to the district under Section 3947.111, the
district may be divided under Subsection (a) only with the consent
by ordinance or resolution of the city and any other municipality
whose territory or extraterritorial jurisdiction is included in the
district.
Sec. 3947.202. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district.
Sec. 3947.203. DIVISION PROCEDURES. (a) The board, on its
own motion or on receipt of a petition signed by an owner of real
property in the district, may adopt an order proposing to divide the
district.
(b) If the board decides to divide the district, the board
shall:
(1) set the terms of the division, including names for
the new districts and a plan for the payment or performance of any
outstanding district obligations;
(2) prepare a metes and bounds description for each
proposed district; and
(3) appoint initial directors for each new district.
Sec. 3947.204. NOTICE AND RECORDING OF ORDER. Not later
than the 30th day after the date of an order dividing the district,
the district shall:
(1) file the order with the commission; and
(2) record the order in the real property records of
the county.
Sec. 3947.205. CONTRACT AUTHORITY OF NEW DISTRICTS. The
new districts may contract with each other for any matter the boards
of the new districts consider appropriate, including the joint
construction or financing of an improvement project and the joint
financing of a maintenance obligation.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3947.251. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3947.252. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may undertake and provide an improvement project or
service authorized by this chapter using any money available to the
district.
Sec. 3947.253. BORROWING MONEY; OBLIGATIONS. (a) The
district may borrow money for a district purpose, including the
acquisition or construction of improvement projects authorized by
this chapter and the reimbursement of a person who develops or owns
an improvement project authorized by this chapter, by issuing
bonds, notes, time warrants, or other obligations, or by entering
into a contract or other agreement payable wholly or partly from an
assessment, a contract payment, a grant, revenue from a zone
created under Chapter 311 or 312, Tax Code, other district revenue,
or a combination of these sources.
(b) An obligation described by Subsection (a):
(1) may bear interest at a rate determined by the
board; and
(2) may include a term or condition as determined by
the board.
(c) The board may issue an obligation under this section
without an election.
Sec. 3947.254. ASSESSMENTS. (a) Except as provided by
Subsections (b) and (c), the district may impose an assessment on
property in the district to pay for an obligation described by
Section 3947.253 or an improvement project authorized by Section
3947.151 in the manner provided for:
(1) a district under Subchapters A, E, and F, Chapter
375, Local Government Code; or
(2) a municipality or county under Subchapter A,
Chapter 372, Local Government Code.
(b) The district may not impose an assessment on a
municipality, county, or other political subdivision.
(c) The board may not finance an improvement project or
service with assessments unless a written petition requesting that
improvement project or service has been filed with the board. The
petition must be signed by the owners of a majority of the assessed
value of real property in the district subject to assessment
according to the most recent certified tax appraisal roll for the
county.
Sec. 3947.255. RESIDENTIAL PROPERTY NOT EXEMPT. Sections
375.161 and 375.164, Local Government Code, do not apply to the
district.
Sec. 3947.256. COLLECTION OF ASSESSMENTS. The district may
contract as provided by Chapter 791, Government Code, with the
commissioners court of the county for the assessment and collection
of assessments imposed under this subchapter.
Sec. 3947.257. RATES, FEES, AND CHARGES. The district may
establish, revise, repeal, enforce, and collect rates, fees, and
charges for the enjoyment, sale, rental, or other use of:
(1) an improvement project;
(2) a product resulting from an improvement project;
or
(3) another district facility, service, or property.
SUBCHAPTER F. DISSOLUTION
Sec. 3947.301. DISSOLUTION BY BOARD. The board may
dissolve the district in the manner provided by Section 375.261,
Local Government Code, subject to Section 375.264, Local Government
Code.
Sec. 3947.302. DISSOLUTION BY CITY. (a) The city may
dissolve the district by ordinance.
(b) The city may not dissolve the district until:
(1) the district's outstanding debt or contractual
obligations have been repaid or discharged; or
(2) the city agrees to succeed to the rights and
obligations of the district, including an obligation described by
Section 3947.304.
Sec. 3947.303. 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, the city succeeds to the rights and obligations of the
district regarding enforcement and collection of the assessments or
other revenue.
(b) The city shall have and exercise all district powers to
enforce and collect the assessments or other revenue to pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) revenue or assessment bonds or other obligations
issued by the city to refund the outstanding bonds or obligations of
the district.
Sec. 3947.304. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
After the city dissolves the district, the city assumes the
obligations of the district, including any contractual obligations
or bonds or other debt 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.
Sec. 3947.305. NO DISSOLUTION BY PETITION. Section
375.262, Local Government Code, does not apply to the district.
SUBCHAPTER Z. SPECIAL BOND PROVISIONS
Sec. 3947.901. APPLICABILITY. This subchapter applies only
to bonds payable wholly or partly from revenue derived from
assessments on real property in the district.
Sec. 3947.902. CONFLICT OF LAWS. In the event of a conflict
between this subchapter and any other law, this subchapter
prevails.
Sec. 3947.903. WRITTEN AGREEMENT REGARDING SPECIAL
APPRAISALS. Before the district may issue bonds, the district and
any person to whom the board intends that proceeds of the bonds be
distributed, including the developer, another owner of land in the
district, and any entity acting as a lender to the developer or
other landowner for the purpose of a project relating to the
district, must enter into a written agreement that:
(1) waives for the term of the agreement the right to a
special appraisal with respect to taxation by the district under
Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and
(2) remains in effect for 30 years and is binding on
the parties, on entities related to or affiliated with the parties,
and on their successors and assignees.
Sec. 3947.904. REQUIREMENTS FOR ADVERTISING BOND ISSUE. A
district may not advertise for an issuance of bonds until the
completion of at least 25 percent of the projected value of the
improvements, including houses and other buildings, that are liable
for district assessments and necessary to support the district
bonds.
Sec. 3947.905. REQUIREMENTS FOR BOND ISSUE. The district
may not issue bonds until:
(1) the district submits to the commission:
(A) an engineer's report describing the project
for which the bonds will provide funding, including data, profiles,
maps, plans, and specifications related to the project; and
(B) a cash flow analysis to determine the
projected rate of assessment, which includes the following
assumptions:
(i) each ending balance for debt service in
the analysis is not less than 25 percent of the following year's
debt service requirement;
(ii) interest income is only shown on the
ending balance for debt service for the first two years; and
(iii) the projected rate of assessment is
level or decreasing for the life of the bonds issued by the
district;
(2) the completion of at least 75 percent of the
projected value of the improvements, including houses and other
buildings, that are liable for district assessments and necessary
to support the district bonds; and
(3) the district has obtained an independent market
study from a firm recognized in the area of real estate market
analysis supporting the development projects for the real property
that is liable for district assessments and necessary to support
the district bonds.
Sec. 3947.906. REQUIREMENTS FOR COLLECTION OF REVENUE TO
PAY BONDS. The district may not collect an assessment to be used
for the payment of bonds until:
(1) the completion of at least 95 percent of the
underground water, wastewater, and drainage facilities financed
from bond proceeds that are necessary to serve the projected
build-out, as certified by the district's engineer;
(2) the district or other appropriate party has
secured the groundwater, surface water, and water discharge permits
that are necessary to secure capacity to support the projected
build-out;
(3) the completion of at least 95 percent of lift
station, water plant, and sewage treatment plant capacity
sufficient to serve the connections constructed in the project for
a period of not less than 18 months, as certified by the district's
engineer; and
(4) the completion of at least 95 percent of the
streets and roads that are necessary to provide access to the areas
served by utilities and financed by the proceeds of bonds issued by
the district, as certified by the district's engineer and
constructed in accordance with municipal or county standards.
SECTION 2. The University Hills Municipal Management
District initially includes all the territory contained in the
following area:
BEING a 281.112-acres tract or parcel of land out of Abstract
Number 1277, Abstract Number 0014 and Abstract Number 0380 situated
in the City of Dallas, Dallas County, Texas; and being part of that
tract of land conveyed to Patriot Real Estate Holdings RS10 by Deed
recorded in Instrument Number 201200385008, Deed Records, Dallas
County Texas, and being part of that tract of land conveyed to CADG
Property Holdings I, LLC by deed recorded in Instrument Number
201600055916, Deed Records, Dallas County, Texas, and being part of
that tract of land conveyed to CADG Property Holdings I, LLC by deed
recorded in Instrument Number 201500029116, Deed Records, Dallas
County, and being part of that tract of land conveyed to CADG
Property Holdings SPV, LLC by deed recorded in Instrument Number
201400314231, Deed Recorded, Dallas County, Texas, and being part
of that tract of land conveyed to St. Marks Believers Temple by deed
recorded in Volume 81014, Page 976, Deed Records, Dallas County,
Texas; and being more particularly described as follows:
COMMENCING at the northeast corner of a tract of land
conveyed to Patriot Real Estate Holdings RS10 by deed recorded in
Instrument Number 201200385008, Deed Records, Dallas County,
Texas, said point being in the west right-of-way line of Lancaster
Road (variable width right-of-way);
THENCE South 07 degrees 07 minutes 07 seconds East along the
easterly line of said Patriot Real Estate Holdings RS10 tract and
along the westerly right-of-way line of said Lancaster Road a
distance of 433.04 feet to the POINT OF BEGINNING;
THENCE South 07 degrees 25 minutes 01 seconds East,
continuing along the easterly line of said Instrument Number
201600198606 tract and the westerly right-of-way line of said
Lancaster Road, a total distance of 734.79 feet to a point for
corner;
THENCE South 07 degrees 25 minutes 18 seconds East, following
the easterly line of said Instrument Number 201600055154 and the
westerly right-of-way line of Lancaster Road, a total distance of
583.17 feet to a point for corner;
THENCE South 06 degrees 24 minutes 46 seconds East,
continuing along said westerly right-of-way line, a total distance
of 105.30 feet to a point for corner;
THENCE South 07 degrees 54 minutes 14 seconds East,
continuing along said westerly right-of-way line, a total distance
of 193.87 feet to a point for corner;
THENCE South 07 degrees 27 minutes 10 seconds East,
continuing along said westerly right-of-way line and following the
easterly line of said Instrument Number 201600055916a total
distance of 401.82 feet to a point for corner, said point being the
northeast corner of a tract of land conveyed to Yvonne Simmons by
deed recorded in Volume 2005121, Page 3183, Deed Records, Dallas
County, Texas;
THENCE South 82 degrees 29 minutes 50 seconds West,
continuing along the easterly line of said Instrument Number
201600055916 tract and the northerly line of said Simmons tract, a
total distance of 150.00 feet to a point for corner; said point
being the northwesterly corner of said Simmons tract;
THENCE South 07 degrees 27 minutes 10 seconds East,
continuing along the easterly line of said Instrument Number
201600055916 tract and the westerly line of said Simmons tract, a
total distance of 68.00 feet to a point for corner, said point being
the southwest corner of said Simmons tract;
THENCE North 82 degrees 29 minutes 50 seconds East,
continuing along the easterly line of said Instrument Number
201600055916 tract and the southerly line of said Simmons tract, a
total distance of 150.00 feet to a point for corner, said point
being the southeast corner of said Simmons tract;
THENCE South 07 degrees 27 minutes 10 seconds East, following
said westerly right-of-way line of Lancaster Road, a total distance
of 251.73 feet to a point for corner, said point being the beginning
of a tangent curve to the left;
THENCE in a southeasterly direction along a curve to the
left, having a central angle of 00 degrees 23 minutes 50 seconds, a
radius of 8654.40 feet, and a chord bearing and distance of South 07
degrees 39 minutes 05 seconds East, 60.00 feet, a total arc length
of 60.00 feet to a point for corner, said point being in an easterly
corner of a tract of land conveyed to King E. Rhodes, by deed
recorded in Volume 2002187, Page 0125, Deed Records, Dallas County,
Texas;
THENCE South 77 degrees 25 minutes 31 seconds West, along the
southerly line of said Instrument Number 201600055916 tract and the
easterly line of said Rhodes tract, a total distance of 323.66 feet
to a point for corner, said point being the southwest corner of said
Instrument Number 201600055916 tract, said point also being a
easterly corner of said Rhodes tract;
THENCE North 07 degrees 22 minutes 14 seconds West, along the
westerly line of said Instrument Number 201600055916 tract and the
easterly line of said Rhodes tract, a total distance of 890.11 feet,
to a point for corner, said point being the northwest corner of said
Instrument Number 20160055916 tract and the northeast corner of
said Rhodes tract, said point also being in a call centerline of
Wheatland Road;
THENCE South 58 degrees 38 minutes 34 seconds West, following
the centerline of said Wheatland Road, a total distance of 287.40
feet to a point for corner;
THENCE South 58 degrees 50 minutes 23 seconds West,
continuing along the centerline of said Wheatland Road, a total
distance of 834.11 feet to a point for corner, said point being the
northwest corner of said Rhodes tract;
THENCE South 37 degrees 05 minutes 08 seconds East, following
the westerly line of said Rhodes tract and the easterly line of said
Instrument Number 201400314231, a total distance of 1206.46 feet to
a point for corner, said point being the southwest corner of said
Rhodes tract;
THENCE North 52 degrees 54 minutes 29 seconds East, following
the southerly line of said Rhodes tract, a total distance of 492.84
feet to a point for corner;
THENCE North 07 degrees 22 minutes 14 seconds West, following
the southeasterly line of said Rhodes tract, a total distance of
235.91 feet to a point for corner;
THENCE North 77 degrees 25 minutes 15 seconds East,
continuing along said southeasterly line of said Rhodes tract, a
total distance of 323.99 feet to a point for corner, said point
being in said westerly right-of-way line of Lancaster Road, said
point also being the beginning of a non-tangent curve to the left;
THENCE in a southeasterly direction along said curve to the
left and following said westerly right-of-way line, having a
central angle of 05 degrees 25 minutes 56 seconds, a radius of
8654.40 feet, and a chord bearing and distance of South 11 degrees
25 minutes 46 seconds East, 820.22 feet, a total arc length of
820.53 feet, to a point for corner, said point being in the
southerly line of said Instrument Number 201600055916 tract, said
point also being the most northeasterly corner of a tract of land
conveyed to DFW Oil Inc. as recorded in Instrument #2008038074,
Deed Records, Dallas County, Texas;
THENCE South 75 degrees 57 minutes 36 seconds West, along the
southerly line of said Instrument Number 201600055916 tract and the
northerly line of said DFW Oil Inc. tract, a total distance of
225.00 feet to a point for corner;
THENCE South 15 degrees 36 minutes 40 seconds East,
continuing along the southerly line of Instrument Number
201600055916 tract and the northerly line of said DFW Oil Inc.
tract, a total distance of 385.17 feet, to a point for corner, said
point being the northeast corner of a tract of land conveyed to All
Saints Inc., as recorded Instrument Number 200900059010, Deed
Records, Dallas County, Texas, said point being in the southerly
line of said Instrument Number 201600055916 tract;
THENCE South 69 degrees 59 minutes 35 seconds West, along the
southerly line of said Instrument Number 201600055916 tract and the
northerly line of said All Saints Inc. tract, a total distance of
295.42 feet, a point for corner, said point being in the southerly
line of said Instrument #201600055916 tract and the northwesterly
corner of said All Saints Inc. tract;
THENCE South 20 degrees 24 minutes 03 seconds East, along the
southerly line of said Instrument Number 201600055916 tract and the
westerly line of said All Saints Inc. tract a total distance of
231.52 feet to a point for corner, said point being the southwest
corner of said All Saints Inc. tract and the southerly line of said
Instrument Number 201600055916 tract and the northerly line of said
DFW Oil Inc. tract;
THENCE South 69 degrees 51 minutes 21 seconds West, along the
southerly line of said Instrument Number 201600055916 tract and the
northerly line of said DFW Oil Inc. tract a total distance of 221.74
feet to a point for corner, said point being the southerly line of
said Instrument Number 201600055916 tract and the northwest corner
of said DFW Oil Inc. tract;
THENCE South 20 degrees 08 minutes 39 seconds East, along the
southerly line of said Instrument Number 201600055916 tract and the
west line of said DFW Oil Inc. tract, a total distance of 250.00
feet to a point for corner, said point being the most southerly
corner of said Instrument Number 201600055916 tract and being the
southwest corner of said DFW Oil Inc. tract, said point also being
in the northerly line of Interstate Highway 20 (LBJ Freeway a
variable width right-of-way);
THENCE South 69 degrees 51 minutes 21 seconds West, along the
southerly line of said Instrument Number 201600055916 tract and the
northerly right-of-way line of said Interstate Highway 20, a total
distance of 315.04 feet;
THENCE South 71 degrees 39 minutes 35 seconds West,
continuing along the southerly line of said Instrument Number
201600055916 tract with the northerly line of said Interstate
Highway 20, a total distance of 1338.56 feet;
THENCE South 55 degrees 12 minutes 20 seconds West,
continuing along the southerly line of said Instrument Number
201600055916 tract with the northerly line of said Interstate
Highway 20, a total distance of 39.62 feet said point being the
southwest corner of said Instrument #201600055916 tract and the
southeast corner of a tract of land conveyed to Susan Wright Key, by
deed recorded in Volume 88021, Page 1852, Deed Records, Dallas
County, Texas;
THENCE North 30 degrees 14 minutes 08 seconds West, along the
westerly line of said Instrument Number 201600055916 tract and
along the easterly line of said Susan Wright Key tract and the
easterly line of a tract of land conveyed to Wycliff Bible
Translators, Inc. as recorded in Volume 74198, Page 104, Deed
Records, Dallas County, Texas and the easterly line of a tract of
land conveyed to George P. Shropulos Family Limited Partnership as
recorded in Volume 94043, Page 2846, Deed Records, Dallas County,
Texas, a total distance of 2132.27 feet to a point for corner, said
point being in the south right-of-way line of Wheatland Road (a
variable width right-of-way), said point being the northwest corner
of said Instrument Number 201600055916 tract;
THENCE with the westerly line of said Instrument
#201500029116 tract and the easterly line of said RKCJ LLC tract the
following courses and distances:
South 58 degrees 50 minutes 23 seconds West, a total
distance of 22.99 feet to a point for corner;
North 30 degrees 26 minutes 17 seconds West, a total
distance of 472.69 feet to a point for corner;
North 62 degrees 56 minutes 00 seconds East, a total
distance of 17.96 feet to a point for corner;
North 31 degrees 11 minutes 24 seconds West, a total
distance of 1205.27 feet to a point for corner, said point being
approximately the center line of a creek;
THENCE along said approximately centerline of creek the
following courses and distances;
North 18 degrees 56 minutes 06 seconds East, a total
distance of 154.49 feet to a point for corner;
North 53 degrees 46 minutes 06 seconds East, a total
distance of 203.00 feet to a point for corner;
South 68 degrees 22 minutes 54 seconds East, a total
distance of 133.72 feet to a point for corner;
North 86 degrees 02 minutes 06 seconds East, a total
distance of 111.50 feet to a point for corner;
North 10 degrees 48 minutes 06 seconds East, a total
distance of 107.15 feet to a point for corner;
North 35 degrees 39 minutes 06 seconds East, a total
distance of 141.00 feet to a point for corner;
North 78 degrees 20 minutes 06 seconds East, a total
distance of 97.05 feet to a point for corner;
North 28 degrees 27 minutes 54 seconds West, a total
distance of 140.57 feet to a point for corner;
North 47 degrees 08 minutes 06 seconds East, a total
distance of 150.88 feet to a point for corner;
North 31 degrees 12 minutes 06 seconds East, a total
distance of 130.56 feet to a point for corner;
North 63 degrees 34 minutes 36 seconds East, a total
distance of 134.95 feet to a point for corner;
North 87 degrees 41 minutes 36 seconds East, a total
distance of 129.10 feet to a point for corner;
North 03 degrees 13 minutes 36 seconds East, a total
distance of 132.20 feet to a point for corner;
North 34 degrees 51 minutes 36 seconds East, a total
distance of 164.10 feet to a point for corner;
North 11 degrees 51 minutes 36 seconds East, a total
distance of 124.70 feet to a point for corner;
THENCE North 23 degrees 47 minutes 24 seconds West, a total
distance of 139.58 feet to a point for corner, said point being in
the northerly line of said Instrument Number 201500029116 tract and
the southerly line of a tract of land conveyed to the City of Dallas
as recorded in Volume 95095, Page 5779, Deed Records, Dallas
County, Texas;
THENCE North 54 degrees 24 minutes 43 seconds East, along the
northerly line of said Instrument Number 201500029116 tract and
along the southerly line of said City of Dallas tract a total
distance of 537.89 feet to a point for corner;
THENCE North 32 degrees 43 minutes 59 seconds West,
continuing along said common linea total distance of 1.62 feet;
THENCE North 58 degrees 51 minutes 51 seconds East,
continuing along said common line and passing along the southerly
line of a tract of land conveyed to 154 Lancaster Ltd., as recorded
in Volume 98055, Page 0435, Deed Records, Dallas County, Texas, a
total distance of 471.29 feet to a point for corner, said point
being the northeasterly corner of said Instrument #201500029116
tract;
THENCE South 31 degrees 05 minutes 57 seconds East, departing
the southerly line of said 154 Lancaster Ltd. tract along the
easterly line of said Instrument Number 201500029116 tract passing
along the westerly line of a tract of land conveyed to Camplanc
Investments as recorded in Instrument Number 201100097436, Deed
Records, Dallas County, Texas and passing along the westerly line
of said Proton Properties LLC tract, a total distance of 634.03 feet
to a point for corner, said point being the southwesterly corner of
said Proton Properties LLC tract, and being a northerly corner of
said Instrument Number 201500029116 tract;
THENCE along the northerly line of said Instrument Number
201500029116 tract and the southerly line of said Proton Properties
LLC tract the following courses and distances:
North 58 degrees 57 minutes 36 seconds East, a total
distance of 894.69 feet to a point for corner;
South 07 degrees 25 minutes 01 seconds East, a total
distance of 277.11 feet to a point for corner;
North 82 degrees 34 minutes 59 seconds East, a total
distance of 439.00 feet to the POINT OF BEGINNING and containing a
total area of 12,245,246.54 square feet, or 281.112 acres of land,
more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
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, 2017.
* * * * *