By: West S.B. No. 2445
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the New Park Municipal Management
District; providing authority to issue bonds; providing authority
to impose assessments and 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 3966 to read as follows:
CHAPTER 3966. NEW PARK MUNICIPAL MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3966.0101. 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 New Park Municipal Management
District.
(5) "Exempt property" means property owned by a
governmental entity, including the city.
Sec. 3966.0102. NATURE OF DISTRICT. The New Park Municipal
Management District is a special district created under Section 59,
Article XVI, Texas Constitution.
Sec. 3966.0103. 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. 3966.0104. 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. 3966.0105. 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
(4) legality or operation.
Sec. 3966.0106. 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. 3966.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3966.0108. 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. 3966.0201. 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.
(c) The board may not create an executive committee to
exercise the powers of the board.
Sec. 3966.0202. 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. 3966.0203. 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. 3966.0204. 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. 3966.0205. 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 Edward Cox 1 Edward Cox
1 Edward Cox
2 Rodney Haire 2 Rodney Haire
2 Rodney Haire
3 Cami Hobbs 3 Cami Hobbs
3 Cami Hobbs
4 Varvara K. Brown 4 Varvara K. Brown
4 Varvara K. Brown
5 Nick Wohr 5 Nick Wohr
5 Nick Wohr
(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. 3966.0301. 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 3966.0302 is approved by the city and executed by the
parties to the agreement.
Sec. 3966.0302. 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. 3966.0303. 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. 3966.0304. 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. 3966.0305. 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. 3966.0306. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district, with the consent of the governing body of the city by
resolution, 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. 3966.0307. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district, with the consent of the governing body of the city by
resolution, 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. 3966.0308. 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. 3966.0309. 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. 3966.0310. 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. 3966.0311. EXEMPT PROPERTY. The district may not
impose an assessment, fee, tax, or other charge on an exempt
property.
Sec. 3966.0312. 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. 3966.0313. NO AD VALOREM TAX. The district may not
impose an ad valorem tax.
Sec. 3966.0314. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. ASSESSMENTS
Sec. 3966.0401. 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. 3966.0402. 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 a
taxing unit, as that term is defined by Section 1.04, Tax Code, 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. BONDS
Sec. 3966.0501. 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 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. 3966.0502. BONDS SECURED BY REVENUE OR CONTRACT
PAYMENTS. The district may issue, without an election, bonds
secured by:
(1) revenue, including contract revenues; or
(2) contract payments, provided that the requirements
of Section 49.108, Water Code, have been met.
Sec. 3966.0503. 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 assessments, issued by public or private sale, in the
manner provided by Subchapter A, Chapter 372, Local Government
Code.
Sec. 3966.0504. CONSENT OF MUNICIPALITY REQUIRED. (a) The
board may not issue bonds 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.
SUBCHAPTER I. DISSOLUTION
Sec. 3966.0901. 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 may dissolve the district at any time if:
(1) the development agreement has been executed; and
(2) 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 an improvement
project.
(d) If the district is dissolved, the board shall transfer
ownership of all district property to the city.
(e) The district may not be dissolved 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.
(f) Subchapter M, Chapter 375, Local Government Code, does
not apply to the district.
SECTION 2. The New Park Municipal Management District
initially includes all territory contained in the following area:
TRACT 1:
BEING a tract of land situated in the John Grigsby Survey, Abstract
No. 495, City of Dallas, Dallas County, Texas, and being the same
tract of land conveyed to Janice C. Pastor and Stanley Pastor,
Co-Trustees of the Janice C. Pastor 1995 Revocable Trust recorded
in Volume 98035, Page 01773, Deed Records, Dallas County, Texas and
being the same tract of land conveyed to Janice C. Pastor and
Constance C. Tolmas by probate recorded in Probate No. 89-3123,
Probate Minutes, Dallas County, Texas, and being more particularly
described by metes and bounds as follows:
Beginning at an "x" cut set in concrete at the intersection of the
South right-of-way line of Marilla Street (53 foot right- of-way)
and the East right-of-way line of S. Ervay Street (variable width
right-of-way);
Thence North 75 degrees 00 minutes 00 seconds East, along the
Southeast right-of-way line of said Marilla Street, a distance of
185.86 feet to a 1 inch iron pipe found at the West corner of a tract
of land conveyed to Dallas Power & Light Company recorded in Volume
3343, Page 598, Deed Records, Dallas County, Texas;
Thence South 44 degrees 37 minutes 15 seconds East, along the
Southwest property line of said Dallas Power & Light Company tract,
a distance of 42.40 feet to a P.K. nail set at the North corner of a
tract of land conveyed to Dallas Power & Light Company by deed
recorded in Volume 3352, Page 287, Deed Records, Dallas County,
Texas;
Thence South 45 degrees 29 minutes 32 seconds West, along the
Northwest property line of said Dallas Power & Light Company
(Volume 3352, Page 287) tract, passing the North corner of a tract
of land conveyed to Dallas Power & Light Company by deed recorded in
Volume 3320, Page 488, Deed Records, Dallas County, Texas, at a
distance of 8.67 feet and continuing along the Northwest property
line of said Dallas Power & Light Company (Volume 3320, Page 488)
tract, for a total distance of 193.67 feet to an "X" cut set in
concrete in the Northeast right-of-way line of said S. Ervay
Street;
Thence North 44 degrees 18 minutes 25 seconds West, along the
Northeast right-of-way line of said S. Ervay Street, a distance of
47.50 feet to an "X" cut set in concrete for corner;
Thence North 28 degrees 52 minutes 46 seconds West, and continuing
along the Northeast right-of-way line of said S. Ervay Street, a
distance of 50.91 feet to an "X" cut set in concrete for corner;
Thence North 18 degrees 52 minutes 07 seconds West, and continuing
along the East right-of-way line of said S. Ervay Street, a distance
of 41.50 feet to the Point of Beginning and containing 17,324.67
square feet or 0.3977 acres of land.
TRACT 2:
Being all of Lots 6, 7 and 8 and a portion of Lots 1, 2, 3, in Block
2/102 of Browder's Addition, an Addition to the City of Dallas,
Dallas County, Texas, according to the map thereof recorded in
Volume U, Page 492, Real Property Records, Dallas County, Texas,
and being the same tracts of land conveyed to Dallas Power & Light
Company, a Texas corporation, by deeds recorded in Volume 3301,
Page 165, Volume 3320, Page 488, Volume 3343, Page 598 and Volume
3352, Page 287, Deed Records, Dallas County, Texas, and being more
particularly described as follows:
BEGINNING at a monument found for corner, said corner being in the
Northwest line of Canton Street (66 foot right-of-way) and being
the South corner of a tract of land conveyed to City of Dallas, by
deed recorded in Volume 87165, Page 4821, Deed Records, Dallas
County, Texas;
THENCE South 45 degrees 32 minutes 35 seconds West, along the
Northwest line of said Canton Street, a distance of 288.00 feet to
an "X" found in concrete for corner, said corner being in the
intersection of the Northwest line of said Canton Street and the
Northeast line of S. Ervay Street (variable width right-of-way);
THENCE North 44 degrees 18 minutes 25 seconds West, along the
Northeast line of said S. Ervay Street, a distance of 221.50 feet to
an "X" found in concrete for corner, said corner being the South
corner of a tract of land conveyed to 702 S. Ervay, L.P., by deed
recorded in Volume 2003099, Page 3909, Deed Records, Dallas County,
Texas;
THENCE North 45 degrees 29 minutes 32 seconds East, along the
Southeast line of said 702 S. Ervay tract, a distance of 193.67 feet
to a 5/8 inch iron rod found for corner;
THENCE North 44 degrees 37 minutes 15 seconds West, along the
Northeast line of said 702 S. Ervay tract, a distance of 42.40 feet
to a 3/4 inch iron pipe found for corner, said corner being in the
Southeast line of Marilla Street (53 foot right-of-way);
THENCE North 75 degrees 00 minutes 00 seconds East, along the
Southeast line of said Marilla Street, a distance of 107.57 feet to
a 60D nail found for corner, said corner being the West corner of
said City of Dallas tract;
THENCE South 44 degrees 30 minutes 42 seconds East, along the
Southwest line of said City of Dallas tract, a distance of 211.17
feet to the POINT OF BEGINNING and containing 65,228 square feet or
1.50 acre tract of land.
TRACT 3:
BEING a 7,725 square feet or a 0.177 acre tract of land situated in
the John Grigsby Survey, Abstract No. 495, Dallas County, said
tract being part of City Block 83-1/4, and being all of a tract of
land conveyed to the heirs and devisees under the Estate of Edna
Kahn Flaxman; Betty Kahn Dreyfus and Alan Linz Kahn by Probate
#PR-66-02038-A-CO-DC, and being more particularly described as
follows:
BEGINNING at a found PK nail for a corner in the southwest line of
Browder Street (a 58 foot right of way), said point being N 45°00'00"
W, a distance of 82.00 feet from the intersection of the southwest
line of Browder Street with the northwest line of Cadiz Street (a 60
foot right of way), said point being the north corner of a called
11,200 square feet tract of land conveyed to Paul K. and Colleen F.
Tyler by deed recorded in Volume 97183, Page 5144, Deed Records of
Dallas County, Texas;
THENCE, S 45°21'00" W, departing the southwest line of Browder
Street, a distance of 136.54 feet to a point or a corner in the
northeast line of a 10 foot Alley right of way;
THENCE, N 45°18'10" W, with the northeast line of the said Alley
right of way, a distance of 50.85 feet to a point for a corner, said
point being the most westerly corner of the herein described tract
and the most southerly corner of a called 8,296 square feet tract
land described in deed to City Park A Lot, L.P. as recorded in
Instrument Number 20070146779, Official Public Records of Dallas
County, Texas;
THENCE, N 45°00'00" E, departing the northeast line of the said
Alley right of way, a distance of 16.77 feet to a point for a corner;
THENCE, N 45°00'00" W, a distance of 6.00 feet to a point for a
corner;
THENCE, N 45°00'00" E, a distance of 120.00 feet to a point for a
corner in the southwest line of Browder Street;
THENCE, S 45°00'00" E, with the southwest line of Browder Street, a
distance of 57.68 feet to the Point of Beginning.
TRACT 4:
BEING a 106,266 square feet or a 2.4395 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 through 8,
Block 6/89 1/2 of Browder's Addition, an addition to the City of
Dallas, Dallas County, Texas according to the map thereof recorded
in Volume U, Page 492, Deed Records of Dallas County, Texas, said
tract conveyed to C. P. Canton/Patterson Street Limited Partnership
by deed recorded in Volume 94222, Page 2920, Deed Records of Dallas
County, Texas, and being more particularly described as follows:
BEGINNING at a found 1/2 inch iron rod for a corner at the
intersection of the northeast line of Browder Street (a 58 foot
right of way) with the southeast line of Canton Street (a 66 foot
right of way), said point being the west corner of said Lot 1, Block
6/89 1/2;
THENCE, N 45°14'00" E, with the southeast line of Canton Street, a
distance of 398.00 feet to a set punch mark on a metal plate for a
corner at the intersection of the southeast line of Canton Street
with the southwest lie of South Ervay Street (a 60 foot right of
way, said point being the north corner of said Lot 4, Block 6/89
1/2;
THENCE, S 44°46'00" E, with the southwest line of South Ervay
Street, a distance of 267.00 feet to a set "crows foot" cut on
concrete pavement for a corner at the intersection of the southwest
line of South Ervay Street with the northwest line of Cadiz Street
(a 66 foot right of way), said point being the east corner of said
Lot 5, Block 6/89 1/2;
THENCE, S 45°14'00" W, with the northwest line of Cadiz Street, a
distance of 398.00 feet to a found "x" cut on concrete pavement for
a corner at the intersection of the northwest line of Cadiz Street
with the northeast line of Browder Street, said point being the
south corner of said Lot 8, Block 6/89 1/2;
THENCE, N 44°46'00" W, with the northeast line of Browder Street, a
distance of 267.00 feet to the Point of Beginning.
TRACT 5:
BEING a 102,929 square feet or a 2.3629 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 through 8,
Block 5/103 of Browder's Addition, an addition to the City of
Dallas, Dallas County, Texas according to the map thereof recorded
in Volume U, Page 492, Deed Records of Dallas County, Texas, said
tract conveyed to C. P. Canton/Patterson Street Limited Partnership
by deed recorded in Volume 94183, Page 450, Deed Records of Dallas
County, Texas, and being more particularly described as follows:
BEGINNING at a set "v" cut on concrete pavement for a corner at the
intersection of the northeast line of South Ervay Street (a 66 foot
right of way) with the southeast line of Canton Street (a 66 foot
right of way), said point being the west corner of said Lot 1, Block
5/103;
THENCE, N 45°14'00" E, with the southeast line of Canton Street, a
distance of 385.50 feet to a found "x" cut on concrete pavement for
a corner at the intersection of the southeast line of Canton Street
with the southwest lie of St. Paul Street (a 66 foot right of way,
said point being the north corner of said Lot 4, Block 5/103;
THENCE, S 44°46'00" E, with the southwest line of St. Paul Street, a
distance of 267.00 feet to a found PK nail for a corner at the
intersection of the southwest line of St. Paul Street with the
northwest line of Cadiz Street (a 60 foot right of way), said point
being the east corner of said Lot 5, Block 5/103;
THENCE, S 45°14'00" W, with the northwest line of Cadiz Street, a
distance of 385.50 feet to a set "crows foot" cut on concrete
pavement for a corner at the intersection of the northwest line of
Cadiz Street with the northeast line of South Ervay Street, said
point being the south corner of said Lot 8, Block 5/103;
THENCE, N 44°46'00" W, with the northeast line of South Ervay
Street, a distance of 267.00 feet to the Point of Beginning.
TRACT 6:
Being 806 & 810 South St. Paul, 1808 Canton and 1809-1811 Cadiz
Street in the City of Dallas and being all of Lots 1, 7 and 8 and
part of Lot 2, Block 4/112 of Browder's Addition, an addition to the
City of Dallas, Texas according to the plat thereof recorded in
Volume U, Page 492, Deed Records, Dallas County, Texas and being
more particularly described as follows:
Beginning at a capped 1/2 inch iron rod set at the intersection of
the Northeast line of South St. Paul Street and the Northwest line
of Cadiz Street at the South corner of Lot 8, Block 4/112;
Thence N 45°05'36" W along the Northeast line of South St. Paul
Street, at 0.7 feet, passing a building corner, at 101.78 feet
passing another building corner, at 132.26 feet passing a 1/2 inch
iron pipe found at the West corner of Lot 8, same being the South
corner of Lot 1, in all a total distance of 267.17 feet to an X cut
found at the west corner of Lot 1 at the intersection with the
Southeast line of Canton Street;
Thence N 44°45'11" E along the said Southeast line of Canton Street,
at 92.98 feet passing a building corner at the North corner of Lot
1, same being the West corner of Lot 2, at 132.98 feet passing a
building corner in all a total distance of 142.98 feet to a 1/2"
iron pipe found for corner at the West corner of a tract conveyed to
Salamander Group LLC, by deed as recorded under Clerk's
#201300206750 in the Official Public Records of Dallas County,
Texas;
Thence S 45°29'10" E along the said Southwest line of the Salamander
Group tract, a distance of 133.18 feet to a fence corner post found
in the Northwest line of Lot 7, block 4/112;
Thence N 44°03'55" E along the said Northwest line of Lot 7, and the
Southeast line of the said Salamander Group tract, a distance of
44.00 feet to a 1/2" iron pipe found at the North corner of Lot 7,
same being the West corner of Lot 6 at the most Southerly Southwest
corner of a tract conveyed to Mintex Development LLC, by deed as
recorded under Clerk's #20075044996, Official Public Records,
Dallas County, Texas;
Thence S 45°08'32" E along the said Southwest line of the Mintex
Development tract, a distance of 135.33 feet to a capped 1/2" iron
rod set at the East corner of Lot 7 in the Northwest line of Cadiz
Street;
Thence S 45°00'00" W along the said Northwest line of Cadiz Street
same being the Southeast line of Lot 7, at 94.00 feet passing a 1/2
inch iron pipe found at the South corner of Lot 7, same being the
East corner of Lot 8, at 114.52 feet passing a building corner, at
171.95 feet passing another building corner, in all a total
distance of 188.00 feet to the Place of Beginning and containing
44,371.8 square feet or 1.02 acres of calculated land.
TRACT 7:
BEING a 0.183 acres tract of land situated in the John Grigsby
Survey, Abstract No. 495, in the City of Dallas, Dallas County,
Texas, being a portion of City Block 122, being that same tract of
land described in deed to Steven J. Rodgers, Steven Rodgers
Trustee, recorded in Instrument Number 201700099097, of the Deed
Records of Dallas County, Texas and being more particularly
described by metes and bounds as follows:
BEGINNING at a nail with washer found for the common corner of said
Rodgers tract, and a called 0.5200 acre tract of land described in a
deed to Sam Harrington, recorded in Volume 92189, Page 0467, Deed
Records, Dallas County, Texas, and being in the southerly
right-of-way line of S Harwood Street (a variable width public
right-of-way);
THENCE S 44'48'29" W, along the common line between said Rodgers
tract, and said called 0.5200 acre tract, a distance of 150.00 feet
to an "X" cut in concrete found for the common corner of said
Rodgers tract, and said called 0.5200 acre tract, and being in the
north line of a tract of land described in a deed to Sam Harrington
recorded in Volume 78044, Page 3901, Deed Records, Dallas County,
Texas;
THENCE N 45'18'16" W, along the common line between said Rodgers
tract, and said Harrington tract, a distance of 52.99 feet to an "X"
cut in concrete found for the common corner of said Rodgers tract,
and said Harington tract, and being in the easterly right-of-way
line of Saint Louis Street (a 66 foot wide public right-of-way);
THENCE N 44'48'29" E, along the west line of said Rodgers tract, and
along the easterly right-of-way line of said Saint Louis Street, a
distance of 150.00 feet to an "X" cut in concrete set for the
northwest corner of said Rodgers tract, and being the southeast
right-of-way line of said Saint Louis Street, and said S Harwood
Street;
THENCE S 45'18'16" E, along the northerly line of said Rodgers
tract, and along the southerly right-of-way line of said S. Harwood
Street, a distance of 52.99 feet to the POINT OF BEGINNING and
containing 7,948 square feet or 0.183 acres of land more or less.
TRACT 8:
Being a tract of land situated in the J. Grigsby Survey, Abstract
No. 495, being a part of Block 122 of the City of Dallas, Dallas
County, Texas, being those tracts of land conveyed to Sam
Harrington, by deeds recorded in Volume 92189, Page 467, Vol.
76148, Pg. 815, Vol. 80013, Pg. 3319 Vol. 78044, Page 3901, Vol.
78044, Pg. 3817, Deed Records, Dallas County, Texas and, Official
Public Records, Dallas County, Texas and being more particularly
described by metes and bounds as follows:
BEGINNING at a "X" found for corner, said corner being the West
corner of that tract of land conveyed to Steven Rodgers, Trustee of
the Steven J. Rodgers Trust, a trust organized under the laws of the
State of Texas and a Successor to the Doris Rodgers Children's
Trust, by deed recorded in Instrument Number 201700099097, Official
Public Records, Dallas County, Texas and being in the Southeast
line of St. Louis Street (66 foot right-of-way);
THENCE South 45 degrees 45 minutes 44 seconds East, along the
Southwest line of said Steven Rodgers tract, a distance of 53.10
feet to a point for corner, said corner being the South corner of
said Steven Rodgers tract, from which a "X" found bears South 45
degrees 45 minutes 47 seconds East, a distance of 0.51 feet for
witness;
THENCE North 44 degrees 45 minutes 33 seconds East, along the
Southeast line of said Steven Rodgers tract, a distance of 150.20
feet to a point for corner, said corner being the East corner of
said Steven Rodgers tract and being in the Southwest line of S.
Hardwood Street (public right-of-way), from which a 50d nail found
bears South 45 degrees 15 minutes 38 seconds West, a distance of
0.62 feet for witness;
THENCE South 45 degrees 45 minutes 44 seconds East, along the said
Southwest line of S. Hardwood Street a distance of 302.75 feet to a
point for corner, said corner being in the Northwest line of E. R.L.
Thornton Freeway (variable width right-of-way);
THENCE along the Southwest line the following bearing and distances
along the Northwest line of said E. R.L. Thornton Freeway:
South 44 degrees 50 minutes 52 seconds West, a distance of 67.50
feet to a TX Dot monument found for corner;
South 88 degrees 33 minutes 21 seconds West, a distance of 73.38
feet to a point for corner;
South 86 degrees 57 minutes 33 seconds West, a distance of 74.17
feet to a TX Dot monument found for corner;
South 76 degrees 11 minutes 37 seconds West, a distance of 205.42
feet to a point for corner, said corner being in the Northeast line
of Park Avenue (public right-of-way);
THENCE North 45 degrees 34 minutes 00 seconds West, along the said
Northeast line of Park Avenue, a distance of 148.00 feet to a point
for corner, said corner being in the Southeast line of aforesaid
St. Louis Street;
THENCE North 44 degrees 45 minutes 33 seconds East, along the
Southeast line of said St. Louis Street, a distance of 198.08 feet
to the POINT OF BEGINNING and containing 83,737 square feet or 1.92
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 Edward Cox
2 Rodney Haire
3 Cami Hobbs
4 Varvara K. Brown
5 Nick Wohr