86R28935 SMT-F
By: Bowers H.B. No. 4742
Substitute the following for H.B. No. 4742:
By: Button C.S.H.B. No. 4742
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the SoGood Cedars Municipal Management
District; providing authority to issue bonds; providing authority
to impose assessments, fees, and taxes.
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 3963 to read as follows:
CHAPTER 3963. SOGOOD CEDARS MUNICIPAL MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3963.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Dallas.
(3) "Director" means a board member.
(4) "District" means the SoGood Cedars Municipal
Management District.
(5) "Exempt property" means property owned by a
governmental entity, including the city.
Sec. 3963.0102. NATURE OF DISTRICT. The SoGood Cedars
Municipal Management District is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3963.0103. 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.
(b) 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.
(c) 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.
(d) This chapter and the creation of the district may not be
interpreted to relieve the city from providing the level of
services provided as of the effective date of the Act enacting this
chapter to the area in the district. The district is created to
supplement and not to supplant city services provided in the
district.
Sec. 3963.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) 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.
(b) The district is created to serve a public use and
benefit.
(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, 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;
(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;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(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 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. 3963.0105. 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 issue any type of bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3963.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
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; or
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code.
Sec. 3963.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3963.0108. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3963.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors who serve staggered
terms of four years.
(b) Directors are elected in the manner provided by
Subchapter D, Chapter 49, Water Code.
Sec. 3963.0202. EX OFFICIO DIRECTORS. (a) The city
manager, city auditor, and city attorney serve as nonvoting ex
officio directors.
(b) The city manager, city auditor, or city attorney may
appoint a designee to serve as an ex officio director in place of
that person.
(c) An ex officio director is entitled to speak on any
matter before the board.
(d) An ex officio director is not counted as a director for
purposes of establishing a quorum.
Sec. 3963.0203. MEETINGS; NOTICE. (a) The board shall hold
meetings at a place accessible to the public.
(b) The board must post notice of each meeting with the city
secretary not later than 72 hours before the scheduled time of the
meeting.
Sec. 3963.0204. COMPENSATION; EXPENSES. (a) The district
may compensate each voting director in an amount not to exceed $150
for each board meeting. The total amount of compensation for each
director in one year may not exceed $7,200.
(b) An ex officio director is not entitled to receive
compensation from the district.
(c) A voting director or an ex officio director is entitled
to reimbursement for necessary and reasonable expenses incurred in
carrying out the duties and responsibilities of the board.
Sec. 3963.0205. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 Madeleine Mitchell 1 Madeleine Mitchell
1 Madeleine Mitchell
2 Nataly V. Elberg 2 Nataly V. Elberg
2 Nataly V. Elberg
3 Stephen Wohr 3 Stephen Wohr
3 Stephen Wohr
4 Caitlin Simmons 4 Caitlin Simmons
4 Caitlin Simmons
5 Taylor McDonald 5 Taylor McDonald
5 Taylor McDonald
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2021, and
the terms of directors appointed for positions four and five expire
June 1, 2023.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3963.0301. GENERAL POWERS AND DUTIES. (a) The
district has the powers and duties necessary to accomplish the
purposes for which the district is created.
(b) The board may not take any action or exercise any power
granted under this chapter other than to hold an initial
organizational meeting until the development agreement described
by Section 3963.0302 is approved by the city and executed by the
parties to the agreement.
Sec. 3963.0302. DEVELOPMENT AGREEMENT. (a) The city, the
district, and any other entities the city determines are necessary
to the agreement may execute a development agreement if approved by
the city.
(b) This chapter expires on the fourth anniversary of the
effective date of the Act enacting this chapter if the development
agreement under Subsection (a) is not executed before that date.
Sec. 3963.0303. IMPROVEMENT PROJECTS AND SERVICES. (a) The
district, using any money available to the district for the
purpose, may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service authorized under this chapter or Chapter 375, Local
Government Code.
(b) The district may contract with a governmental or private
entity to carry out an action under Subsection (a).
(c) The implementation of a district project or service is a
governmental function or service for the purposes of Chapter 791,
Government Code.
(d) A district improvement project or service must comply
with:
(1) the city charter and any city zoning and
subdivision requirements; and
(2) city codes and ordinances.
(e) The district may not provide, conduct, or authorize an
improvement project on any street, highway, right-of-way, or
easement owned or controlled by the city unless the governing body
of the city by resolution consents to the improvement.
Sec. 3963.0304. NONPROFIT CORPORATION. (a) The board by
resolution may, with the consent of the governing body of the city
by resolution, authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
(d) The board of the nonprofit corporation shall hold
meetings at a place accessible to the public.
(e) The board of the nonprofit corporation must post notice
of each meeting with the city secretary not later than 72 hours
before the scheduled time of the meeting.
Sec. 3963.0305. LAW ENFORCEMENT SERVICES. To protect the
public interest, with the consent of the governing body of the city
by resolution, the district may contract with a qualified party,
including the city, to provide law enforcement services in the
district for a fee.
Sec. 3963.0306. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3963.0307. ECONOMIC DEVELOPMENT PROGRAMS. (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 provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3963.0308. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3963.0309. ADDING OR EXCLUDING LAND. With the consent
of the governing body of the city by resolution, the district may
add or exclude land in the manner provided by Subchapter J, Chapter
49, Water Code, or by Subchapter H, Chapter 54, Water Code.
Sec. 3963.0310. 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 district money.
Sec. 3963.0311. EXEMPT PROPERTY. The district may not
impose an assessment, fee, tax, or other charge on an exempt
property.
Sec. 3963.0312. CERTAIN RESIDENTIAL PROPERTY. (a) Section
375.161, Local Government Code, does not apply to the district.
(b) Notwithstanding Subsection (a), the district may not
impose an assessment on property if the owner qualifies the
property for a homestead exemption under Section 11.13, Tax Code:
(1) for the tax year in which the Act enacting this
chapter takes effect; or
(2) for the tax year in which the assessment is
imposed.
Sec. 3963.0313. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. ASSESSMENTS
Sec. 3963.0401. PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) 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. 3963.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than:
(A) a lien or claim for county, school district,
or municipal ad valorem taxes; or
(B) a lien filed by the city or securing an
obligation owed to the city; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(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.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3963.0501. TAX ELECTION REQUIRED. The district must
hold an election in the manner provided by Chapter 49, Water Code,
or, if applicable, Chapter 375, Local Government Code, to obtain
voter approval before the district may impose an ad valorem tax.
Sec. 3963.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 3963.0501, the district may impose an
operation and maintenance tax on taxable property in the district
in the manner provided by Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the operation and maintenance
tax rate. The rate may not exceed the rate approved at the
election.
Sec. 3963.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
terms determined by the board.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
Sec. 3963.0504. BONDS SECURED BY REVENUE OR CONTRACT
PAYMENTS. The district may issue, without an election, bonds
secured by:
(1) revenue other than ad valorem taxes, including
contract revenues; or
(2) contract payments, provided that the requirements
of Section 49.108, Water Code, have been met.
Sec. 3963.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
3963.0501, the district may issue bonds payable from ad valorem
taxes.
(b) Section 375.243, Local Government Code, does not apply
to the district.
(c) At the time the district issues bonds payable wholly or
partly from ad valorem taxes, the board shall provide for the annual
imposition of 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 as required and in the manner provided by
Sections 54.601 and 54.602, Water Code.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3963.0506. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT
UNDER AGREEMENT. If the improvements financed by an obligation
will be conveyed to or operated and maintained by a municipality or
retail utility provider pursuant to an agreement between the
district and the municipality or retail utility provider entered
into before the issuance of the obligation, the obligation may be in
the form of bonds, notes, or other obligations payable wholly or
partly from ad valorem taxes or assessments, issued by public or
private sale, in the manner provided by Subchapter A, Chapter 372,
Local Government Code.
Sec. 3963.0507. CONSENT OF MUNICIPALITY REQUIRED. (a) The
board may not issue bonds or hold an election to authorize the
imposition of an ad valorem tax until each municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located has consented by ordinance or resolution to the creation of
the district and to the inclusion of land in the district.
(b) This section applies only to the district's first
issuance of bonds payable from ad valorem taxes.
SUBCHAPTER I. DISSOLUTION
Sec. 3963.0901. DISSOLUTION. (a) The board shall dissolve
the district on written petition filed with the board by the owners
of:
(1) 66 percent or more of the assessed value of the
property subject to assessment by the district based on the most
recent certified county property tax rolls; or
(2) 66 percent or more of the surface area of the
district, excluding roads, streets, highways, utility
rights-of-way, other public areas, and other property exempt from
assessment by the district according to the most recent certified
county property tax rolls.
(b) The board by majority vote may dissolve the district at
any time.
(c) The city by resolution may dissolve the district at any
time.
(d) The district may not be dissolved under Subsection (a),
(b), or (c) if the district:
(1) has any outstanding debt until that debt has been
repaid or defeased in accordance with the order or resolution
authorizing the issuance of the debt;
(2) has a contractual obligation to pay money until
that obligation has been fully paid in accordance with the
contract; or
(3) owns, operates, or maintains public works,
facilities, or improvements unless the district contracts with
another person for the ownership and operation or maintenance of
the public works, facilities, or improvements.
(e) Subchapter M, Chapter 375, Local Government Code, does
not apply to the district.
SECTION 2. The SoGood Cedars Municipal Management District
initially includes all territory contained in the following area:
TRACT 1:
Being a 57.225 square feet tract or parcel of land in the M. Main
Survey, Abstract No. 995, situated in the City of Dallas, Dallas
County, Texas, and being part of Lot 5 and Lots 13 through 17, all of
lots 1 through 4, and all of an abandoned alley located in Block
A/873 of HUGHES BROTHERS SUBDIVISION, an addition to the City of
Dallas according to the plat thereof recorded in Volume 93, Page 43,
Map Records, Dallas County, Texas, said 57,225 square foot tract of
land being the same property as described in that certain tract of
land described in a warranty deed to Pilgrim's Pride Corporation
and recorded in Volume 2000163, Page 5582, Deed Records, Dallas
County, Texas and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found for corner in the north right
of way of Clarence Street (a 50 foot right of way) and the east right
of way line of S. Cesar Chavez Boulevard (at this point a 95-foot
right of way) said corner also being the southwest corner of Lot 17,
Block A/873 of the aforementioned subdivision.
THENCE North 36 degrees 00 minutes 00 seconds West, along, said
easterly right of way line of said S. Cesar Chavez Boulevard,
distance of 250.00 feet to a found 1/2 inch iron rod in the south
right of way line of Coombs Street, and being the northwest corner
of Lot 13, Block A/873, for the northwest corner of the herein
described tract;
THENCE North 53 degrees 43 minutes 56 seconds East, departing said
Chavez Boulevard and along the southerly right of way line of Coombs
Street, a distance of 228.57 to a 1/2 inch iron rod found for the
northeast corner of the herein described tract and the west line of
a 100-foot right of -way-line of the T. & N.O. Railroad right-of-way
( formerly the H. & T.C. Railroad).
THENCE South 35 Degrees 58 minutes 46 seconds East, departing the
south right-of-way line of Coombs Street a distance of 208.74 feet
to a 1/2 inch iron rod found for corner in the said west right of way
line of said Railroad.
THENCE South 16 degrees 33 minutes 42 seconds East, departing said
Railroad right of way line and along the westerly right of way line
of Interstate Highway 45, a distance of 47,74 feet to a found 1/2
inch iron rod in the aforementioned northerly right of way line of
said Clarence Street, for the southeast corner of the herein
described tract;
THENCE South 54 degrees 43 minutes 27 seconds West, along the
northerly right of way line of said Clarence Street, a distance of
212.62 to the POINT of BEGINNING and containing 57,225 square feet
or 1.314 acres of land.
TRACT 2:
BEING a 385,249 square feet or 8.848 acre tract of land situated in
the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas
County, Texas, said tract being all of Lot 1B of Block A/472 of
Pilgrim's Prepared Foods Addition, an addition to the City of
Dallas, Dallas County, Texas according to the Map thereof recorded
in Volume 97045, Page 2998, Deed Records of Dallas County, Texas,
all of Lots 23, 24, 25, 26 & 27, Block 466 of Ferris Park Addition,
an addition to the City of Dallas, Dallas County, Texas according to
the Map thereof recorded in Volume 239, Page 72, Deed Records of
Dallas County, Texas, a 1.198 acre tract and a 1.670 acre tract of
land and a 0.294 acre tract of land in Block 466, said Lot 1B
conveyed to Pilgrim's Pride Corporation by deeds recorded in Volume
88172, Page 2136 and Volume 91041, Page 5004, Deed Records of
Dallas, Texas, said Lots 23-27, Block 466 conveyed to Pilgrim's
Pride Corporation by deed recorded in Volume 97088, Page 2738, Deed
Records of Dallas County, Texas, said 1.198 acre tract in Block 466
conveyed to Pilgrim's Pride Corporation by deed recorded in Volume
95250, Page 3603 Deed Records of Dallas County, Texas, and said
1.670 acre tract and 0.294 acre tract in Block 466 conveyed to
Pilgrim's Pride Corporation by deed recorded in Instrument Number
200600105781, Official Public Records of Dallas County, Texas, and
being more particularly described as follows:
BEGINNING at a set "x" in concrete for a corner at the intersection
of the southeast line of Hickory Street (a 50 foot right of way) and
the southwest line of S. Good Latimer Expressway (a 90 foot right of
way), said point being the north corner of said Lot 1B;
THENCE, S 36°18'00" E, with the southwest line of S. Good Latimer
Expressway, a distance of 477.87 feet to a set 5/8 iron rod for a
corner at the intersection of the southwest line of S. Good Latimer
Expressway with the northwest line of a variable width Alley right
of way;
THENCE, S 53°21'15" W, departing S. Good Latimer Expressway and with
the southeast line of Pilgrim's Prepared Food Addition and the
northwest line of the said Alley right of way, a distance of 439.94
feet to a set 5/8 iron rod for a corner, said point being in the
northeast line of the said 1.198 acre tract;
THENCE, the following courses and distances with the northeast,
southeast and southwest line of the said 1.198 acre tract;
- S 36°18'00" E, a distance of 10.00 feet to a set 5/8 inch
iron rod for a corner;
- S 53°21'15" W, a distance of 64.89 feet to a set 5/8 inch
iron rod for a corner;
- S 30°15'00" E, a distance of 90.38 feet to a set 5/8 inch
iron rod for a corner,
- S 53°08'53" W, a distance of 25.59 feet to a set 5/8 inch
iron rod for a corner on the southeast line of Corinth Street (a 40
feet right of way), said point being the north corner of a 1.39 acre
tract conveyed to Gustava Alvarado by deed records in Instrument
Number 201300058241, Official Public Records of Dallas County,
Texas;
- N 36°17'26" W, with the northeast line of Corinth Street, a
distance of 40.00 feet to a set 5/8 inch iron rod for a corner, said
point being the southeast corner of the said 0.294 acre tract and
the north corner of Corinth Street;
THENCE, S 53°17'04" W, with the northwest line of Corinth Street, a
distance of 211.57 feet to a found 1 inch iron rod at the
intersection of the northwest line of Corinth Street and the
northeast line of Cesar Chavez Boulevard (Central Expressway a
variable width right of way) for a corner;
THENCE, N 36°18'00" W, with the northeast line of Cesar Chavez
Boulevard, a distance of 582.00 feet to a set "x" in concrete for a
corner at the intersection of the northeast line of Cesar Chavez
Boulevard with Hickory Street, said point being the west corner of
said Lot 23, Block 466;
THENCE, the following courses and distances with the southeast line
of Hickory Street;
- N 53°07'43" E, a distance of 211.57 feet to a set mag nail
at the beginning of a non-tangent curve to the right with a central
angle of 52°42'31", a radius of 62.50 feet, a chord bearing of N
79°23'57" E and a chord distance of 55.49 feet, said point being the
north corner of said Lot 23, Block 466 and the west corner of the
said 1.198 acre tract;
- Northeasterly, along said curve, an arc distance of 57.50
feet to a set mag nail at the beginning of a non-tangent curve to the
left with a central angle of 53°07'49", a radius of 62.50 feet, a
chord bearing of N 80°15'54" E and a chord distance of 55.90 feet,
said point being the west corner of said Lot 1B, Block A/472;
THENCE, the following courses and distances with the southeast line
of Hickory Street and the northwest line of said Lot 1B, A/472;
- Northeasterly, along said curve, an arc distance of 57.96
feet to a set mag nail for a corner;
- N 52°43'10" E, a distance of 50.35 feet to a set mag nail
for a corner;
- S 36°18'00" E, a distance of 3.00 feet to a set mag nail for
a corner;
- N 52°43'10" E, a distance of 149.36 feet to a set mag nail
for a corner;
- N 36°18'00" W, a distance of 3.00 feet to a set mag nail for
a corner;
- N 52°43'10" E, a distance of 240.29 feet to the Point of
Beginning.
TRACT 3:
BEING a 13,298 square feet or 0.305 acre tract of land situated in
the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas
County, Texas said tract being all of Lot 2 and a part of Lot 3 of
Block B/473 of Middleton Brothers Central Avenue Addition, an
addition to the City of Dallas, Dallas County, Texas according to
the map thereof recorded in Volume 96, Page 476, Deed Records of
Dallas County, Texas, said tract conveyed to Pilgrim's Pride
Corporation by deed recorded in Volume 95099, Page 840, Deed
Records of Dallas County, Texas and being more particularly
described as follows:
BEGINNING at a found 100D nail in the northwest line of Hickory
Street (a 50 foot right of way), said point being the south corner
of said Lot 2 and the east corner of Lot 1 of Block B/473 of the said
Middleton Brothers Central Avenue Addition;
THENCE, N 36°24'15" W, departing said northwest line of Hickory
Street and with the common line of said Lot 1 and Lot 2, a distance
of 140.00 feet to a set 5/8 inch iron rod for a corner in the
southeast line of a 20 foot Alley right of way, said point being the
west corner of said Lot 2;
THENCE, N 52°43'10" E, with the southeast line of the said Alley
right of way, a distance of 95.00 feet to a set 5/8 inch iron rod for
a corner;
THENCE, S 36°24'15" E, departing the southeast line of the said
Alley right of way, a distance of 140.00 feet to a set 5/8 inch iron
rod for a corner in the northwest line of Hickory Street;
THENCE, S 52°43'10" W, with the northwest line of Hickory Street a
distance of 95.00 feet to the Point of Beginning.
TRACT 4:
BEING a 19,498 square feet or 0.448 acre tract of land situated in
the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas
County, Texas, said tract being all of Lots 5, 6, and 7 of Block
C/181 of Middleton Brothers Central Avenue Addition, an addition to
the City of Dallas, Dallas County, Texas according to the map
thereof recorded in Volume 96, Page 476, Deed Records of Dallas
County, Texas, said tract conveyed to Pilgrim Industries, Inc. by
deed recorded in Volume 81185, Page 3346, Deed Records of Dallas
County, Texas, and being more particularly described as follows:
BEGINNING at a set 5/8 inch iron rod at the intersection of the
southwest line of Lincoln Street (a 50 foot right of way) and the
southeast line of Dawson Street (a 50 foot right of way), said point
being the north corner a Lot 7 of Block C/181 of the said Middleton
Brothers Central Avenue Addition;
THENCE, S 36°24'15" E, with the southwest line of Lincoln Street, a
distance of 150,00 feet to a set 5/8 inch iron rod for a corner, said
point being the east corner of Lot 5 and the north corner of Lot 4,
Block C/181 of the said Middleton Brothers Central Avenue Addition;
THENCE, S 52°43'10" W, departing the southwest line of Lincoln
Street and with the common line of said Lot 4 and Lot 5, a distance
of 130.00 feet to a set 5/8 inch iron rod for a corner, said point
being the south corner of Lot 5, said corner also being in the
northeast line of a tract of land conveyed to Dallas Area Rapid
Transit (DART) by deed recorded in Volume 88083, Page 4905, Deed
Records of Dallas County, Texas;
THENCE, N 36°24'15" W, with the southwest line of Block C/181 and the
northeast line of DART, a distance of 150.00 feet to a 5/8 inch iron
rod in the southeast line of Dawson Street, said point also be the
west corner of Lot 7;
THENCE, N 52°43'10" E, with the southeast line of Dawson Street .a
distance of 130.00 feet to the Point of Beginning.
TRACT 5:
BEING a 19,498 square feet or 0.448 acre tract of land situated in
the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas
County, Texas, said tract being all of Lots 7, 8, and 9 of Block
B/473 of Middleton Brothers Central Avenue Addition, an addition to
the City of Dallas, Dallas County, Texas according to the map
thereof recorded in Volume 96, Page 476, Deed Records of Dallas
County, Texas, said tract conveyed to Pilgrim Pride Corporation by
deeds recorded in Volume 95099, Page 840 and Volume 97074, Page
1537, Deed Records of Dallas County, Texas, and being more
particularly described as follows:
BEGINNING at a found monument in the northeast line of Lincoln
Street (a 50 foot right of way), said point also being the west
corner of Lot 9 of Block B/473 and the south corner of said Lot 10,
Block B/473 of said Middleton Brothers Central Avenue Addition;
THENCE, N 52°43'10" E, departing the northeast line of Lincoln
Street and along the common line of said Lot 9 and Lot 10, a distance
of 130.00 feet to a set 5/8 inch iron rod for a corner, said point
being the north corner of Lot 9 and the west corner of Lot 12, Block
B/473 of the said Middleton Brothers Central Avenue Addition;
THENCE, S 36°24'15" E, with the common line of said Lot 9 and Lot 12,
passing at a distance of 50.0 feet the west corner of Lot 13A, Block
B/473 of Unique Electric Addition as recorded in Instrument Number
20070460539, Official Public Records of Dallas County, Texas,
passing at a distance of 111.0 feet the south corner of said Lot 13A
and in the southwest line of Lot 124, Block B/473 of the said
Middleton Brothers Central Avenue Addition, continuing in all a
distance of 150.00 to a set 5/8 iron rod for a corner, said point
being the east corner of Lot 7 and the north corner of Lot 6, Block
B/473 of the said Middleton Brothers Central Avenue Addition;
THENCE, S 52°43'10" W, with the common line of Lot 6 and Lot 7, a
distance of 130.00 feet to a set 5/8 inch iron rod in the northeast
line of Lincoln Street, said point also being the south corner of
said Lot 7;
THENCE, N 36°24'15" W, with the northeast line of Lincoln Street, a
distance of 150.00 feet to the Point of Beginning.
TRACT 6:
BEING a 33,796 square feet or 0.776 acre tract of land situated in
the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas
County, Texas, said tract being all of Lots 1, 2, 3 and 4 of Block
C/181 of Middleton Brothers Central Avenue Addition, an addition to
the City of Dallas, Dallas County, Texas according to the map
thereof recorded in Volume 96, Page 476, Deed Records of Dallas
County, Texas, said tract conveyed to Pilgrim Industries, Inc. by
deed recorded in Volume 81185, Page 3346, Deed Records of Dallas
County, Texas, and being more particularly described as follows:
BEGINNING at a point for a corner at the intersection of the
southwest line of Lincoln Street (a 50 foot right of way) with the
northwest line of Hickory Street (a 50 foot right of way), said
point being the east corner of said Lot 2 of Block C/181 of the said
Middleton Brothers Central Avenue Addition;
THENCE, S 52°43'10" W, with the northwest line of Hickory Street, a
distance of 130.00 feet to a point for a corner, said point being
the south corner of said Lot 1, Block C/181 of the said Middleton
Brothers Central Avenue Addition and said point at the intersection
of the northwest line of Hickory Street with the northeast line of a
tract of land conveyed to DART by deed recorded in volume 88083.
Page 4905, Deed Records of Dallas County, Texas;
THENCE, N 36°24'15" W, departing the northwest line of Hickory
Street and with the northeast line of DART, a distance of 260.00
feet to a set 5/8 inch iron rod for a corner, said point being the
common corner of said Lot 4 and Lot 5, Block C/181 of the said
Middleton Brothers Central Avenue Addition;
THENCE, N 52°43'10"E, departing the northeast line of DART and with
the common line of Lot 4 and Lot 5, a distance of 130.00 feet to a
5/8 inch iron rod in the southwest line of Lincoln Street;
THENCE, S 36°24'15" E, with the southwest line of Lincoln Street a
distance of 260.00 feet to the Point of Beginning.
TRACT 7:
Being situated in the John Grigsby Survey, Abstract No. 495, Dallas
County, Texas, and being part of City of Dallas Block No. 471 and
Block No. 160, and being a resurvey of a called 2.0230 acre tract of
land described by a deed to W&D Holden 1 Family Limited Partnership
of record in Volume 99249, Page 5930, Deed Records of Dallas County,
Texas and being more particularly described by metes and bounds as
follows:
BEGINNING at a concrete monument found for corner at the
intersection of the southeast right-of-way line of R.L. Thornton
Freeway (a variable width right-of-way) with the northeast
right-of-way line of South Central Expressway (a variable width
right-of-way), said point being the most western corner of said
2.0230 acre tract;
THENCE North 46°45'00" east along the southeast right-of-way line of
said R.L. Thornton Freeway, a distance of 258.36 feet to a 1/2 iron
rod found for corner at the most northern corner of said 2.0230 acre
tract;
THENCE South 36°04'04" east along a northeast line of said 2.0230
acre tract, a distance of 55.77 feet to a 1/2 iron rod found for
corner at an interior corner thereof;
THENCE North 51°59'25" east along a northwest line of said 2.0230
acre tract, a distance of 43.18 feet to a 1/2" iron rod found for
corner at a northern corner thereof and being in the southwest
right-of-way line of T. & N. O. Railroad (a variable width
right-of-way);
THENCE South 36°17'33" East along the southwest right-of-way line of
said T. & N. O. Railroad, a distance of 407.22 feet to a 1/2" iron
rod found for corner at the most eastern corner of said 2.0230 acre
tract and being in the northerly right-of-way line of Bluebell
Street (a variable width right-of-way);
THENCE South 84°17'19" West along the northerly right-of-way line of
said Bluebell Street, a distance of 13.15 feet to a 1/2" iron rod
found for corner;
THENCE North 77°09'39" West continuing along the northerly
right-of-way line of said Bluebell Street, a distance of 100.09
feet to a 1/2" iron rod found for corner;
THENCE North 74°09'26" West continuing along the northerly
right-of-way line of said Bluebell Street, a distance of 37.18 feet
to a 1/2" iron rod found for corner at the beginning of a
non-tangent curve to the left having a radius of 102.00 feet, a
central angle of 80°52'26", and a chord which bears South 76°21'04"
West, a distance of 103.34 feet;
THENCE in a westerly direction along the curving north right-of-way
line of said Bluebell Street, an arc distance of 108.37 feet to a
1/2" iron rod found for corner;
THENCE South 45°55'00" West along the northwest right-of-way line of
said Bluebell Street, a distance of 42.11 feet to a chainlink fence
post found for corner at the most southern corner of said 2.0230
acre tract and being in the northeast right-of-way line of said
South Central Expressway, said point also being the beginning of a
non-tangent curve to the left having a radius of 2339.33 feet, a
central angle of 06°25'54" and a chord which bears north 45°22'36"
West, a distance of 202.46 feet;
THENCE in a northwesterly direction along the curving northeast
right-of-way line of said South Central Expressway, an arc distance
of 262.60 feet to a 1/2" iron rod found for corner;
THENCE North 51°43'12" West continuing along the northeast
right-of-way line of said South Central Expressway, a distance of
28.99 feet to the PLACE OF BEGINNING and containing 88,017 square
feet or 2.021 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) 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, 2019.
Pos. No. Name of Director
1 Madeleine Mitchell
2 Nataly V. Elberg
3 Stephen Wohr
4 Caitlin Simmons
5 Taylor McDonald