Texas 2019 - 86th Regular

Texas Senate Bill SB2446 Compare Versions

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1	2		By: West S.B. No. 2446
2		-	(In the Senate - Filed March 14, 2019; March 27, 2019, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; May 6, 2019, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 7, Nays 0;
6		-	May 6, 2019, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 2446 By: Alvarado
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the creation of the SoGood Cedars Municipal Management
14	8		District; providing authority to issue bonds; providing authority
15	9		to impose assessments, fees, and taxes.
16	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	11		SECTION 1. Subtitle C, Title 4, Special District Local Laws
18	12		Code, is amended by adding Chapter 3963 to read as follows:
19	13		CHAPTER 3963. SOGOOD CEDARS MUNICIPAL MANAGEMENT DISTRICT
20	14		SUBCHAPTER A. GENERAL PROVISIONS
21	15		Sec. 3963.0101. DEFINITIONS. In this chapter:
22	16		(1) "Board" means the district's board of directors.
23	17		(2) "City" means the City of Dallas.
24	18		(3) "Director" means a board member.
25	19		(4) "District" means the SoGood Cedars Municipal
26	20		Management District.
27		-	(5) "Exempt property" means property owned by a
28		-	governmental entity, including the city.
29	21		Sec. 3963.0102. NATURE OF DISTRICT. The SoGood Cedars
30	22		Municipal Management District is a special district created under
31	23		Section 59, Article XVI, Texas Constitution.
32	24		Sec. 3963.0103. PURPOSE; DECLARATION OF INTENT. (a) The
33	25		creation of the district is essential to accomplish the purposes of
34	26		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
35	27		Texas Constitution, and other public purposes stated in this
36	28		chapter.
37	29		(b) By creating the district and in authorizing the city and
38	30		other political subdivisions to contract with the district, the
39	31		legislature has established a program to accomplish the public
40	32		purposes set out in Section 52-a, Article III, Texas Constitution.
41	33		(c) The creation of the district is necessary to promote,
42	34		develop, encourage, and maintain employment, commerce,
43	35		transportation, housing, tourism, recreation, the arts,
44	36		entertainment, economic development, safety, and the public
45	37		welfare in the district.
46	38		(d) This chapter and the creation of the district may not be
47	39		interpreted to relieve the city from providing the level of
48	40		services provided as of the effective date of the Act enacting this
49	41		chapter to the area in the district. The district is created to
50	42		supplement and not to supplant city services provided in the
51	43		district.
52	44		Sec. 3963.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
53	45		(a) All land and other property included in the district will
54	46		benefit from the improvements and services to be provided by the
55	47		district under powers conferred by Sections 52 and 52-a, Article
56	48		III, and Section 59, Article XVI, Texas Constitution, and other
57	49		powers granted under this chapter.
58	50		(b) The district is created to serve a public use and
59	51		benefit.
60	52		(c) The creation of the district is in the public interest
61	53		and is essential to further the public purposes of:
62	54		(1) developing and diversifying the economy of the
63	55		state;
64	56		(2) eliminating unemployment and underemployment; and
65	57		(3) developing or expanding transportation and
66	58		commerce.
67	59		(d) The district will:
68	60		(1) promote the health, safety, and general welfare of
69	61		residents, employers, potential employees, employees, visitors,
70	62		and consumers in the district, and of the public;
71	63		(2) provide needed funding for the district to
72	64		preserve, maintain, and enhance the economic health and vitality of
73	65		the district territory as a community and business center;
74	66		(3) promote the health, safety, welfare, and enjoyment
75	67		of the public by providing pedestrian ways and by landscaping and
76	68		developing certain areas in the district, which are necessary for
77	69		the restoration, preservation, and enhancement of scenic beauty;
78	70		and
79	71		(4) provide for water, wastewater, drainage, road, and
80	72		recreational facilities for the district.
81	73		(e) Pedestrian ways along or across a street, whether at
82	74		grade or above or below the surface, and street lighting, street
83	75		landscaping, parking, and street art objects are parts of and
84	76		necessary components of a street and are considered to be a street
85	77		or road improvement.
86	78		(f) The district will not act as the agent or
87	79		instrumentality of any private interest even though the district
88	80		will benefit many private interests as well as the public.
89	81		Sec. 3963.0105. INITIAL DISTRICT TERRITORY. (a) The
90	82		district is initially composed of the territory described by
91	83		Section 2 of the Act enacting this chapter.
92	84		(b) The boundaries and field notes contained in Section 2 of
93	85		the Act enacting this chapter form a closure. A mistake in the
94	86		field notes or in copying the field notes in the legislative process
95	87		does not affect the district's:
96	88		(1) organization, existence, or validity;
97	89		(2) right to issue any type of bonds for the purposes
98	90		for which the district is created or to pay the principal of and
99	91		interest on the bonds;
100	92		(3) right to impose or collect an assessment or tax; or
101	93		(4) legality or operation.
102	94		Sec. 3963.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
103	95		All or any part of the area of the district is eligible to be
104	96		included in:
105	97		(1) a tax increment reinvestment zone created under
106	98		Chapter 311, Tax Code; or
107	99		(2) a tax abatement reinvestment zone created under
108	100		Chapter 312, Tax Code.
109	101		Sec. 3963.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
110	102		DISTRICTS LAW. Except as otherwise provided by this chapter,
111	103		Chapter 375, Local Government Code, applies to the district.
112	104		Sec. 3963.0108. CONSTRUCTION OF CHAPTER. This chapter
113	105		shall be liberally construed in conformity with the findings and
114	106		purposes stated in this chapter.
115	107		SUBCHAPTER B. BOARD OF DIRECTORS
116		-	Sec. 3963.0201. GOVERNING BODY; TERMS. (a) The district
117		-	is governed by a board of five elected directors who serve staggered
	108	+	Sec. 3963.0201. GOVERNING BODY; TERMS. (a) The district is
	109	+	governed by a board of five elected directors who serve staggered
118	110		terms of four years.
119	111		(b) Directors are elected in the manner provided by
120	112		Subchapter D, Chapter 49, Water Code.
121		-	(c) The board may not create an executive committee to
122		-	exercise the powers of the board.
123		-	Sec. 3963.0202. EX OFFICIO DIRECTORS. (a) The city
124		-	manager, city auditor, and city attorney serve as nonvoting ex
125		-	officio directors.
126		-	(b) The city manager, city auditor, or city attorney may
127		-	appoint a designee to serve as an ex officio director in place of
128		-	that person.
129		-	(c) An ex officio director is entitled to speak on any
130		-	matter before the board.
131		-	(d) An ex officio director is not counted as a director for
132		-	purposes of establishing a quorum.
133		-	Sec. 3963.0203. MEETINGS; NOTICE. (a) The board shall
134		-	hold meetings at a place accessible to the public.
135		-	(b) The board must post notice of each meeting with the city
136		-	secretary not later than 72 hours before the scheduled time of the
137		-	meeting.
138		-	Sec. 3963.0204. COMPENSATION; EXPENSES. (a) The district
139		-	may compensate each voting director in an amount not to exceed $150
140		-	for each board meeting. The total amount of compensation for each
	113	+	Sec. 3963.0202. COMPENSATION; EXPENSES. (a) The district
	114	+	may compensate each director in an amount not to exceed $150 for
	115	+	each board meeting. The total amount of compensation for each
141	116		director in one year may not exceed $7,200.
142		-	(b) An ex officio director is not entitled to receive
143		-	compensation from the district.
144		-	(c) A voting director or an ex officio director is entitled
145		-	to reimbursement for necessary and reasonable expenses incurred in
146		-	carrying out the duties and responsibilities of the board.
147		-	Sec. 3963.0205. INITIAL DIRECTORS. (a) The initial board
	117	+	(b) A director is entitled to reimbursement for necessary
	118	+	and reasonable expenses incurred in carrying out the duties and
	119	+	responsibilities of the board.
	120	+	Sec. 3963.0203. INITIAL DIRECTORS. (a) The initial board
148	121		consists of the following directors:
149	122		Pos. No. Name of Director Pos. No. Name of Director
150	123		Pos. No. Name of Director
151	124		1 Madeleine Mitchell 1 Madeleine Mitchell
152	125		1 Madeleine Mitchell
153	126		2 Nataly V. Elberg 2 Nataly V. Elberg
154	127		2 Nataly V. Elberg
155	128		3 Stephen Wohr 3 Stephen Wohr
156	129		3 Stephen Wohr
157	130		4 Caitlin Simmons 4 Caitlin Simmons
158	131		4 Caitlin Simmons
159	132		5 Taylor McDonald 5 Taylor McDonald
160	133		5 Taylor McDonald
161	134		(b) Of the initial directors, the terms of directors
162	135		appointed for positions one through three expire June 1, 2021, and
163	136		the terms of directors appointed for positions four and five expire
164	137		June 1, 2023.
165	138		SUBCHAPTER C. POWERS AND DUTIES
166		-	Sec. 3963.0301. GENERAL POWERS AND DUTIES. (a) The
167		-	district has the powers and duties necessary to accomplish the
168		-	purposes for which the district is created.
169		-	(b) The board may not take any action or exercise any power
170		-	granted under this chapter other than to hold an initial
171		-	organizational meeting until the development agreement described
172		-	by Section 3963.0302 is approved by the city and executed by the
173		-	parties to the agreement.
174		-	Sec. 3963.0302. DEVELOPMENT AGREEMENT. (a) The city, the
175		-	district, and any other entities the city determines are necessary
176		-	to the agreement may execute a development agreement if approved by
177		-	the city.
178		-	(b) This chapter expires on the fourth anniversary of the
179		-	effective date of the Act enacting this chapter if the development
180		-	agreement under Subsection (a) is not executed before that date.
181		-	Sec. 3963.0303. IMPROVEMENT PROJECTS AND SERVICES.
182		-	(a) The district, using any money available to the district for
183		-	the purpose, may provide, design, construct, acquire, improve,
	139	+	Sec. 3963.0301. GENERAL POWERS AND DUTIES. The district
	140	+	has the powers and duties necessary to accomplish the purposes for
	141	+	which the district is created.
	142	+	Sec. 3963.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
	143	+	district, using any money available to the district for the
	144	+	purpose, may provide, design, construct, acquire, improve,
184	145		relocate, operate, maintain, or finance an improvement project or
185	146		service authorized under this chapter or Chapter 375, Local
186	147		Government Code.
187	148		(b) The district may contract with a governmental or private
188	149		entity to carry out an action under Subsection (a).
189	150		(c) The implementation of a district project or service is a
190	151		governmental function or service for the purposes of Chapter 791,
191	152		Government Code.
192		-	(d) A district improvement project or service must comply
193		-	with:
194		-	(1) the city charter and any city zoning and
195		-	subdivision requirements; and
196		-	(2) city codes and ordinances.
197		-	(e) The district may not provide, conduct, or authorize an
198		-	improvement project on any street, highway, right-of-way, or
199		-	easement owned or controlled by the city unless the governing body
200		-	of the city by resolution consents to the improvement.
201		-	Sec. 3963.0304. NONPROFIT CORPORATION. (a) The board by
202		-	resolution may, with the consent of the governing body of the city
203		-	by resolution, authorize the creation of a nonprofit corporation to
	153	+	Sec. 3963.0303. NONPROFIT CORPORATION. (a) The board by
	154	+	resolution may authorize the creation of a nonprofit corporation to
204	155		assist and act for the district in implementing a project or
205	156		providing a service authorized by this chapter.
206	157		(b) The nonprofit corporation:
207	158		(1) has each power of and is considered to be a local
208	159		government corporation created under Subchapter D, Chapter 431,
209	160		Transportation Code; and
210	161		(2) may implement any project and provide any service
211	162		authorized by this chapter.
212	163		(c) The board shall appoint the board of directors of the
213	164		nonprofit corporation. The board of directors of the nonprofit
214	165		corporation shall serve in the same manner as the board of directors
215	166		of a local government corporation created under Subchapter D,
216	167		Chapter 431, Transportation Code, except that a board member is not
217	168		required to reside in the district.
218		-	(d) The board of the nonprofit corporation shall hold
219		-	meetings at a place accessible to the public.
220		-	(e) The board of the nonprofit corporation must post notice
221		-	of each meeting with the city secretary not later than 72 hours
222		-	before the scheduled time of the meeting.
223		-	Sec. 3963.0305. LAW ENFORCEMENT SERVICES. To protect the
224		-	public interest, with the consent of the governing body of the city
225		-	by resolution, the district may contract with a qualified party,
	169	+	Sec. 3963.0304. LAW ENFORCEMENT SERVICES. To protect the
	170	+	public interest, the district may contract with a qualified party,
226	171		including the city, to provide law enforcement services in the
227	172		district for a fee.
228		-	Sec. 3963.0306. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
229		-	The district, with the consent of the governing body of the city by
230		-	resolution, may join and pay dues to a charitable or nonprofit
	173	+	Sec. 3963.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
	174	+	The district may join and pay dues to a charitable or nonprofit
231	175		organization that performs a service or provides an activity
232	176		consistent with the furtherance of a district purpose.
233		-	Sec. 3963.0307. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
234		-	district, with the consent of the governing body of the city by
235		-	resolution, may engage in activities that accomplish the economic
	177	+	Sec. 3963.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
	178	+	district may engage in activities that accomplish the economic
236	179		development purposes of the district.
237	180		(b) The district may establish and provide for the
238	181		administration of one or more programs to promote state or local
239	182		economic development and to stimulate business and commercial
240	183		activity in the district, including programs to:
241	184		(1) make loans and grants of public money; and
242	185		(2) provide district personnel and services.
243	186		(c) The district may create economic development programs
244	187		and exercise the economic development powers provided to
245	188		municipalities by:
246	189		(1) Chapter 380, Local Government Code; and
247	190		(2) Subchapter A, Chapter 1509, Government Code.
248		-	Sec. 3963.~~0308~~. PARKING FACILITIES. (a) The district may
	191	+	Sec. 3963.0307. PARKING FACILITIES. (a) The district may
249	192		acquire, lease as lessor or lessee, construct, develop, own,
250	193		operate, and maintain parking facilities or a system of parking
251	194		facilities, including lots, garages, parking terminals, or other
252	195		structures or accommodations for parking motor vehicles off the
253	196		streets and related appurtenances.
254	197		(b) The district's parking facilities serve the public
255	198		purposes of the district and are owned, used, and held for a public
256	199		purpose even if leased or operated by a private entity for a term of
257	200		years.
258	201		(c) The district's parking facilities are parts of and
259	202		necessary components of a street and are considered to be a street
260	203		or road improvement.
261	204		(d) The development and operation of the district's parking
262	205		facilities may be considered an economic development program.
263		-	Sec. 3963.0309. ADDING OR EXCLUDING LAND. With the consent
264		-	of the governing body of the city by resolution, the district may
	206	+	Sec. 3963.0308. ADDING OR EXCLUDING LAND. The district may
265	207		add or exclude land in the manner provided by Subchapter J, Chapter
266	208		49, Water Code, or by Subchapter H, Chapter 54, Water Code.
267		-	Sec. 3963.~~0310~~. DISBURSEMENTS AND TRANSFERS OF MONEY. The
	209	+	Sec. 3963.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
268	210		board by resolution shall establish the number of directors'
269	211		signatures and the procedure required for a disbursement or
270	212		transfer of district money.
271		-	Sec. 3963.0311. EXEMPT PROPERTY. The district may not
272		-	impose an assessment, fee, tax, or other charge on an exempt
273		-	property.
274		-	Sec. 3963.0312. CERTAIN RESIDENTIAL PROPERTY.
275		-	(a) Section 375.161, Local Government Code, does not apply to the
276		-	district.
277		-	(b) Notwithstanding Subsection (a), the district may not
278		-	impose an assessment on property if the owner qualifies the
279		-	property for a homestead exemption under Section 11.13, Tax Code:
280		-	(1) for the tax year in which the Act enacting this
281		-	chapter takes effect; or
282		-	(2) for the tax year in which the assessment is
283		-	imposed.
284		-	Sec. 3963.0313. NO EMINENT DOMAIN POWER. The district may
	213	+	Sec. 3963.0310. NO EMINENT DOMAIN POWER. The district may
285	214		not exercise the power of eminent domain.
286	215		SUBCHAPTER D. ASSESSMENTS
287	216		Sec. 3963.0401. PETITION REQUIRED FOR FINANCING SERVICES
288		-	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance
289		-	a service or improvement project with assessments under this
290		-	~~chapter~~ unless a written petition requesting that service or
291		-	~~improvement~~ has been filed with the board.
	217	+	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
	218	+	service or improvement project with assessments under this chapter
	219	+	unless a written petition requesting that service or improvement
	220	+	has been filed with the board.
292	221		(b) A petition filed under Subsection (a) must be signed by
293	222		the owners of a majority of the assessed value of real property in
294	223		the district subject to assessment according to the most recent
295	224		certified tax appraisal roll for the county.
296		-	Sec. 3963.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS.
297		-	~~(a)~~ The board by resolution may impose and collect an assessment
298		-	~~for any~~ purpose authorized by this chapter in all or any part of the
	225	+	Sec. 3963.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
	226	+	The board by resolution may impose and collect an assessment for any
	227	+	purpose authorized by this chapter in all or any part of the
299	228		district.
300	229		(b) An assessment, a reassessment, or an assessment
301	230		resulting from an addition to or correction of the assessment roll
302	231		by the district, penalties and interest on an assessment or
303	232		reassessment, an expense of collection, and reasonable attorney's
304	233		fees incurred by the district:
305	234		(1) are a first and prior lien against the property
306	235		assessed;
307		-	(2) are superior to any other lien or claim other than:
308		-	(A) a lien or claim for county, school district,
309		-	or municipal ad valorem taxes; or
310		-	(B) a lien filed by the city or securing an
311		-	obligation owed to the city; and
	236	+	(2) are superior to any other lien or claim other than
	237	+	a lien or claim for county, school district, or municipal ad valorem
	238	+	taxes; and
312	239		(3) are the personal liability of and a charge against
313	240		the owners of the property even if the owners are not named in the
314	241		assessment proceedings.
315	242		(c) The lien is effective from the date of the board's
316	243		resolution imposing the assessment until the date the assessment is
317	244		paid. The board may enforce the lien in the same manner that the
318	245		board may enforce an ad valorem tax lien against real property.
319	246		(d) The board may make a correction to or deletion from the
320	247		assessment roll that does not increase the amount of assessment of
321	248		any parcel of land without providing notice and holding a hearing in
322	249		the manner required for additional assessments.
323	250		SUBCHAPTER E. TAXES AND BONDS
324	251		Sec. 3963.0501. TAX ELECTION REQUIRED. The district must
325	252		hold an election in the manner provided by Chapter 49, Water Code,
326	253		or, if applicable, Chapter 375, Local Government Code, to obtain
327	254		voter approval before the district may impose an ad valorem tax.
328	255		Sec. 3963.0502. OPERATION AND MAINTENANCE TAX. (a) If
329	256		authorized by a majority of the district voters voting at an
330	257		election under Section 3963.0501, the district may impose an
331	258		operation and maintenance tax on taxable property in the district
332	259		in the manner provided by Section 49.107, Water Code, for any
333	260		district purpose, including to:
334	261		(1) maintain and operate the district;
335	262		(2) construct or acquire improvements; or
336	263		(3) provide a service.
337	264		(b) The board shall determine the operation and maintenance
338	265		tax rate. The rate may not exceed the rate approved at the
339	266		election.
340	267		Sec. 3963.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
341	268		BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
342	269		terms determined by the board.
343	270		(b) The district may issue bonds, notes, or other
344	271		obligations payable wholly or partly from ad valorem taxes,
345	272		assessments, impact fees, revenue, contract payments, grants, or
346	273		other district money, or any combination of those sources of money,
347	274		to pay for any authorized district purpose.
348	275		Sec. 3963.0504. BONDS SECURED BY REVENUE OR CONTRACT
349	276		PAYMENTS. The district may issue, without an election, bonds
350	277		secured by:
351	278		(1) revenue other than ad valorem taxes, including
352	279		contract revenues; or
353	280		(2) contract payments, provided that the requirements
354	281		of Section 49.108, Water Code, have been met.
355	282		Sec. 3963.0505. BONDS SECURED BY AD VALOREM TAXES;
356	283		ELECTIONS. (a) If authorized at an election under Section
357	284		3963.0501, the district may issue bonds payable from ad valorem
358	285		taxes.
359	286		(b) Section 375.243, Local Government Code, does not apply
360	287		to the district.
361	288		(c) At the time the district issues bonds payable wholly or
362	289		partly from ad valorem taxes, the board shall provide for the annual
363	290		imposition of a continuing direct annual ad valorem tax, without
364	291		limit as to rate or amount, for each year that all or part of the
365	292		bonds are outstanding as required and in the manner provided by
366	293		Sections 54.601 and 54.602, Water Code.
367	294		(d) All or any part of any facilities or improvements that
368	295		may be acquired by a district by the issuance of its bonds may be
369	296		submitted as a single proposition or as several propositions to be
370	297		voted on at the election.
371	298		Sec. 3963.0506. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT
372	299		UNDER AGREEMENT. If the improvements financed by an obligation
373	300		will be conveyed to or operated and maintained by a municipality or
374	301		retail utility provider pursuant to an agreement between the
375	302		district and the municipality or retail utility provider entered
376	303		into before the issuance of the obligation, the obligation may be in
377	304		the form of bonds, notes, or other obligations payable wholly or
378	305		partly from ad valorem taxes or assessments, issued by public or
379	306		private sale, in the manner provided by Subchapter A, Chapter 372,
380	307		Local Government Code.
381	308		Sec. 3963.0507. CONSENT OF MUNICIPALITY REQUIRED. (a) The
382		-	board may not issue bonds or hold an election to authorize the
383		-	imposition of an ad valorem tax until each municipality in whose
	309	+	board may not issue bonds until each municipality in whose
384	310		corporate limits or extraterritorial jurisdiction the district is
385	311		located has consented by ordinance or resolution to the creation of
386	312		the district and to the inclusion of land in the district.
387	313		(b) This section applies only to the district's first
388	314		issuance of bonds payable from ad valorem taxes.
389	315		SUBCHAPTER I. DISSOLUTION
390	316		Sec. 3963.0901. DISSOLUTION. (a) The board shall dissolve
391	317		the district on written petition filed with the board by the owners
392	318		of:
393	319		(1) 66 percent or more of the assessed value of the
394	320		property subject to assessment by the district based on the most
395	321		recent certified county property tax rolls; or
396	322		(2) 66 percent or more of the surface area of the
397	323		district, excluding roads, streets, highways, utility
398	324		rights-of-way, other public areas, and other property exempt from
399	325		assessment by the district according to the most recent certified
400	326		county property tax rolls.
401	327		(b) The board by majority vote may dissolve the district at
402	328		any time.
403		-	(c) The city may dissolve the district at any time if:
404		-	(1) the development agreement has been executed; and
405		-	(2) the district's performance under the agreement has
406		-	been fulfilled, including any right or obligation the district has
407		-	to reimburse a developer or owner for the costs of an improvement
408		-	project.
409		-	(d) If the district is dissolved, the board shall transfer
410		-	ownership of all district property to the city.
411		-	(e) The district may not be dissolved if the district:
	329	+	(c) The district may not be dissolved by its board under
	330	+	Subsection (a) or (b) if the district:
412	331		(1) has any outstanding debt until that debt has been
413	332		repaid or defeased in accordance with the order or resolution
414	333		authorizing the issuance of the debt;
415	334		(2) has a contractual obligation to pay money until
416	335		that obligation has been fully paid in accordance with the
417	336		contract; or
418	337		(3) owns, operates, or maintains public works,
419	338		facilities, or improvements unless the district contracts with
420	339		another person for the ownership and operation or maintenance of
421	340		the public works, facilities, or improvements.
422		-	(f) ~~Subchapter M~~, ~~Chapter~~ 375, Local ~~Government Code, does~~
423		-	not apply to the district.
	341	+	(d) Sections 375.261, 375.262, and 375.264, Local
	342	+	Government Code, do not apply to the district.
424	343		SECTION 2. The SoGood Cedars Municipal Management District
425	344		initially includes all territory contained in the following area:
426	345		TRACT 1:
427	346		Being a 57.225 square feet tract or parcel of land in the M. Main
428	347		Survey, Abstract No. 995, situated in the City of Dallas, Dallas
429	348		County, Texas, and being part of Lot 5 and Lots 13 through 17, all of
430	349		lots 1 through 4, and all of an abandoned alley located in Block
431	350		A/873 of HUGHES BROTHERS SUBDIVISION, an addition to the City of
432	351		Dallas according to the plat thereof recorded in Volume 93, Page 43,
433	352		Map Records, Dallas County, Texas, said 57,225 square foot tract of
434	353		land being the same property as described in that certain tract of
435	354		land described in a warranty deed to Pilgrim's Pride Corporation
436	355		and recorded in Volume 2000163, Page 5582, Deed Records, Dallas
437	356		County, Texas and being more particularly described as follows:
438	357		BEGINNING at a 1/2 inch iron rod found for corner in the north right
439	358		of way of Clarence Street (a 50 foot right of way) and the east right
440	359		of way line of S. Cesar Chavez Boulevard (at this point a 95-foot
441	360		right of way) said corner also being the southwest corner of Lot 17,
442	361		Block A/873 of the aforementioned subdivision.
443	362		THENCE North 36 degrees 00 minutes 00 seconds West, along, said
444	363		easterly right of way line of said S. Cesar Chavez Boulevard,
445	364		distance of 250.00 feet to a found 1/2 inch iron rod in the south
446	365		right of way line of Coombs Street, and being the northwest corner
447	366		of Lot 13, Block A/873, for the northwest corner of the herein
448	367		described tract;
449	368		THENCE North 53 degrees 43 minutes 56 seconds East, departing said
450	369		Chavez Boulevard and along the southerly right of way line of Coombs
451	370		Street, a distance of 228.57 to a 1/2 inch iron rod found for the
452	371		northeast corner of the herein described tract and the west line of
453	372		a 100-foot right of -way-line of the T. & N.O. Railroad right-of-way
454	373		( formerly the H. & T.C. Railroad).
455	374		THENCE South 35 Degrees 58 minutes 46 seconds East, departing the
456	375		south right-of-way line of Coombs Street a distance of 208.74 feet
457	376		to a 1/2 inch iron rod found for corner in the said west right of way
458	377		line of said Railroad.
459	378		THENCE South 16 degrees 33 minutes 42 seconds East, departing said
460	379		Railroad right of way line and along the westerly right of way line
461	380		of Interstate Highway 45, a distance of 47,74 feet to a found 1/2
462	381		inch iron rod in the aforementioned northerly right of way line of
463	382		said Clarence Street, for the southeast corner of the herein
464	383		described tract;
465	384		THENCE South 54 degrees 43 minutes 27 seconds West, along the
466	385		northerly right of way line of said Clarence Street, a distance of
467	386		212.62 to the POINT of BEGINNING and containing 57,225 square feet
468	387		or 1.314 acres of land.
469	388		TRACT 2:
470	389		BEING a 385,249 square feet or 8.848 acre tract of land situated in
471	390		the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas
472	391		County, Texas, said tract being all of Lot 1B of Block A/472 of
473	392		Pilgrim's Prepared Foods Addition, an addition to the City of
474	393		Dallas, Dallas County, Texas according to the Map thereof recorded
475	394		in Volume 97045, Page 2998, Deed Records of Dallas County, Texas,
476	395		all of Lots 23, 24, 25, 26 & 27, Block 466 of Ferris Park Addition,
477	396		an addition to the City of Dallas, Dallas County, Texas according to
478	397		the Map thereof recorded in Volume 239, Page 72, Deed Records of
479	398		Dallas County, Texas, a 1.198 acre tract and a 1.670 acre tract of
480	399		land and a 0.294 acre tract of land in Block 466, said Lot 1B
481	400		conveyed to Pilgrim's Pride Corporation by deeds recorded in Volume
482	401		88172, Page 2136 and Volume 91041, Page 5004, Deed Records of
483	402		Dallas, Texas, said Lots 23-27, Block 466 conveyed to Pilgrim's
484	403		Pride Corporation by deed recorded in Volume 97088, Page 2738, Deed
485	404		Records of Dallas County, Texas, said 1.198 acre tract in Block 466
486	405		conveyed to Pilgrim's Pride Corporation by deed recorded in Volume
487	406		95250, Page 3603 Deed Records of Dallas County, Texas, and said
488	407		1.670 acre tract and 0.294 acre tract in Block 466 conveyed to
489	408		Pilgrim's Pride Corporation by deed recorded in Instrument Number
490	409		200600105781, Official Public Records of Dallas County, Texas, and
491	410		being more particularly described as follows:
492	411		BEGINNING at a set "x" in concrete for a corner at the intersection
493	412		of the southeast line of Hickory Street (a 50 foot right of way) and
494	413		the southwest line of S. Good Latimer Expressway (a 90 foot right of
495	414		way), said point being the north corner of said Lot 1B;
496	415		THENCE, S 36°18'00" E, with the southwest line of S. Good Latimer
497	416		Expressway, a distance of 477.87 feet to a set 5/8 iron rod for a
498	417		corner at the intersection of the southwest line of S. Good Latimer
499	418		Expressway with the northwest line of a variable width Alley right
500	419		of way;
501	420		THENCE, S 53°21'15" W, departing S. Good Latimer Expressway and with
502	421		the southeast line of Pilgrim's Prepared Food Addition and the
503	422		northwest line of the said Alley right of way, a distance of 439.94
504	423		feet to a set 5/8 iron rod for a corner, said point being in the
505	424		northeast line of the said 1.198 acre tract;
506	425		THENCE, the following courses and distances with the northeast,
507	426		southeast and southwest line of the said 1.198 acre tract;
508	427		- S 36°18'00" E, a distance of 10.00 feet to a set 5/8 inch
509	428		iron rod for a corner;
510	429		- S 53°21'15" W, a distance of 64.89 feet to a set 5/8 inch
511	430		iron rod for a corner;
512	431		- S 30°15'00" E, a distance of 90.38 feet to a set 5/8 inch
513	432		iron rod for a corner,
514	433		- S 53°08'53" W, a distance of 25.59 feet to a set 5/8 inch
515	434		iron rod for a corner on the southeast line of Corinth Street (a 40
516	435		feet right of way), said point being the north corner of a 1.39 acre
517	436		tract conveyed to Gustava Alvarado by deed records in Instrument
518	437		Number 201300058241, Official Public Records of Dallas County,
519	438		Texas;
520	439		- N 36°17'26" W, with the northeast line of Corinth Street, a
521	440		distance of 40.00 feet to a set 5/8 inch iron rod for a corner, said
522	441		point being the southeast corner of the said 0.294 acre tract and
523	442		the north corner of Corinth Street;
524	443		THENCE, S 53°17'04" W, with the northwest line of Corinth Street, a
525	444		distance of 211.57 feet to a found 1 inch iron rod at the
526	445		intersection of the northwest line of Corinth Street and the
527	446		northeast line of Cesar Chavez Boulevard (Central Expressway a
528	447		variable width right of way) for a corner;
529	448		THENCE, N 36°18'00" W, with the northeast line of Cesar Chavez
530	449		Boulevard, a distance of 582.00 feet to a set "x" in concrete for a
531	450		corner at the intersection of the northeast line of Cesar Chavez
532	451		Boulevard with Hickory Street, said point being the west corner of
533	452		said Lot 23, Block 466;
534	453		THENCE, the following courses and distances with the southeast line
535	454		of Hickory Street;
536	455		- N 53°07'43" E, a distance of 211.57 feet to a set mag nail
537	456		at the beginning of a non-tangent curve to the right with a central
538	457		angle of 52°42'31", a radius of 62.50 feet, a chord bearing of N
539	458		79°23'57" E and a chord distance of 55.49 feet, said point being the
540	459		north corner of said Lot 23, Block 466 and the west corner of the
541	460		said 1.198 acre tract;
542	461		- Northeasterly, along said curve, an arc distance of 57.50
543	462		feet to a set mag nail at the beginning of a non-tangent curve to the
544	463		left with a central angle of 53°07'49", a radius of 62.50 feet, a
545	464		chord bearing of N 80°15'54" E and a chord distance of 55.90 feet,
546	465		said point being the west corner of said Lot 1B, Block A/472;
547	466		THENCE, the following courses and distances with the southeast line
548	467		of Hickory Street and the northwest line of said Lot 1B, A/472;
549	468		- Northeasterly, along said curve, an arc distance of 57.96
550	469		feet to a set mag nail for a corner;
551	470		- N 52°43'10" E, a distance of 50.35 feet to a set mag nail
552	471		for a corner;
553	472		- S 36°18'00" E, a distance of 3.00 feet to a set mag nail for
554	473		a corner;
555	474		- N 52°43'10" E, a distance of 149.36 feet to a set mag nail
556	475		for a corner;
557	476		- N 36°18'00" W, a distance of 3.00 feet to a set mag nail for
558	477		a corner;
559	478		- N 52°43'10" E, a distance of 240.29 feet to the Point of
560	479		Beginning.
561	480		TRACT 3:
562	481		BEING a 13,298 square feet or 0.305 acre tract of land situated in
563	482		the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas
564	483		County, Texas said tract being all of Lot 2 and a part of Lot 3 of
565	484		Block B/473 of Middleton Brothers Central Avenue Addition, an
566	485		addition to the City of Dallas, Dallas County, Texas according to
567	486		the map thereof recorded in Volume 96, Page 476, Deed Records of
568	487		Dallas County, Texas, said tract conveyed to Pilgrim's Pride
569	488		Corporation by deed recorded in Volume 95099, Page 840, Deed
570	489		Records of Dallas County, Texas and being more particularly
571	490		described as follows:
572	491		BEGINNING at a found 100D nail in the northwest line of Hickory
573	492		Street (a 50 foot right of way), said point being the south corner
574	493		of said Lot 2 and the east corner of Lot 1 of Block B/473 of the said
575	494		Middleton Brothers Central Avenue Addition;
576	495		THENCE, N 36°24'15" W, departing said northwest line of Hickory
577	496		Street and with the common line of said Lot 1 and Lot 2, a distance
578	497		of 140.00 feet to a set 5/8 inch iron rod for a corner in the
579	498		southeast line of a 20 foot Alley right of way, said point being the
580	499		west corner of said Lot 2;
581	500		THENCE, N 52°43'10" E, with the southeast line of the said Alley
582	501		right of way, a distance of 95.00 feet to a set 5/8 inch iron rod for
583	502		a corner;
584	503		THENCE, S 36°24'15" E, departing the southeast line of the said
585	504		Alley right of way, a distance of 140.00 feet to a set 5/8 inch iron
586	505		rod for a corner in the northwest line of Hickory Street;
587	506		THENCE, S 52°43'10" W, with the northwest line of Hickory Street a
588	507		distance of 95.00 feet to the Point of Beginning.
589	508		TRACT 4:
590	509		BEING a 19,498 square feet or 0.448 acre tract of land situated in
591	510		the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas
592	511		County, Texas, said tract being all of Lots 5, 6, and 7 of Block
593	512		C/181 of Middleton Brothers Central Avenue Addition, an addition to
594	513		the City of Dallas, Dallas County, Texas according to the map
595	514		thereof recorded in Volume 96, Page 476, Deed Records of Dallas
596	515		County, Texas, said tract conveyed to Pilgrim Industries, Inc. by
597	516		deed recorded in Volume 81185, Page 3346, Deed Records of Dallas
598	517		County, Texas, and being more particularly described as follows:
599	518		BEGINNING at a set 5/8 inch iron rod at the intersection of the
600	519		southwest line of Lincoln Street (a 50 foot right of way) and the
601	520		southeast line of Dawson Street (a 50 foot right of way), said point
602	521		being the north corner a Lot 7 of Block C/181 of the said Middleton
603	522		Brothers Central Avenue Addition;
604	523		THENCE, S 36°24'15" E, with the southwest line of Lincoln Street, a
605	524		distance of 150,00 feet to a set 5/8 inch iron rod for a corner, said
606	525		point being the east corner of Lot 5 and the north corner of Lot 4,
607	526		Block C/181 of the said Middleton Brothers Central Avenue Addition;
608	527		THENCE, S 52°43'10" W, departing the southwest line of Lincoln
609	528		Street and with the common line of said Lot 4 and Lot 5, a distance
610	529		of 130.00 feet to a set 5/8 inch iron rod for a corner, said point
611	530		being the south corner of Lot 5, said corner also being in the
612	531		northeast line of a tract of land conveyed to Dallas Area Rapid
613	532		Transit (DART) by deed recorded in Volume 88083, Page 4905, Deed
614	533		Records of Dallas County, Texas;
615	534		THENCE, N 36°24'15" W, with the southwest line of Block C/181 and the
616	535		northeast line of DART, a distance of 150.00 feet to a 5/8 inch iron
617	536		rod in the southeast line of Dawson Street, said point also be the
618	537		west corner of Lot 7;
619	538		THENCE, N 52°43'10" E, with the southeast line of Dawson Street .a
620	539		distance of 130.00 feet to the Point of Beginning.
621	540		TRACT 5:
622	541		BEING a 19,498 square feet or 0.448 acre tract of land situated in
623	542		the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas
624	543		County, Texas, said tract being all of Lots 7, 8, and 9 of Block
625	544		B/473 of Middleton Brothers Central Avenue Addition, an addition to
626	545		the City of Dallas, Dallas County, Texas according to the map
627	546		thereof recorded in Volume 96, Page 476, Deed Records of Dallas
628	547		County, Texas, said tract conveyed to Pilgrim Pride Corporation by
629	548		deeds recorded in Volume 95099, Page 840 and Volume 97074, Page
630	549		1537, Deed Records of Dallas County, Texas, and being more
631	550		particularly described as follows:
632	551		BEGINNING at a found monument in the northeast line of Lincoln
633	552		Street (a 50 foot right of way), said point also being the west
634	553		corner of Lot 9 of Block B/473 and the south corner of said Lot 10,
635	554		Block B/473 of said Middleton Brothers Central Avenue Addition;
636	555		THENCE, N 52°43'10" E, departing the northeast line of Lincoln
637	556		Street and along the common line of said Lot 9 and Lot 10, a distance
638	557		of 130.00 feet to a set 5/8 inch iron rod for a corner, said point
639	558		being the north corner of Lot 9 and the west corner of Lot 12, Block
640	559		B/473 of the said Middleton Brothers Central Avenue Addition;
641	560		THENCE, S 36°24'15" E, with the common line of said Lot 9 and Lot 12,
642	561		passing at a distance of 50.0 feet the west corner of Lot 13A, Block
643	562		B/473 of Unique Electric Addition as recorded in Instrument Number
644	563		20070460539, Official Public Records of Dallas County, Texas,
645	564		passing at a distance of 111.0 feet the south corner of said Lot 13A
646	565		and in the southwest line of Lot 124, Block B/473 of the said
647	566		Middleton Brothers Central Avenue Addition, continuing in all a
648	567		distance of 150.00 to a set 5/8 iron rod for a corner, said point
649	568		being the east corner of Lot 7 and the north corner of Lot 6, Block
650	569		B/473 of the said Middleton Brothers Central Avenue Addition;
651	570		THENCE, S 52°43'10" W, with the common line of Lot 6 and Lot 7, a
652	571		distance of 130.00 feet to a set 5/8 inch iron rod in the northeast
653	572		line of Lincoln Street, said point also being the south corner of
654	573		said Lot 7;
655	574		THENCE, N 36°24'15" W, with the northeast line of Lincoln Street, a
656	575		distance of 150.00 feet to the Point of Beginning.
657	576		TRACT 6:
658	577		BEING a 33,796 square feet or 0.776 acre tract of land situated in
659	578		the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas
660	579		County, Texas, said tract being all of Lots 1, 2, 3 and 4 of Block
661	580		C/181 of Middleton Brothers Central Avenue Addition, an addition to
662	581		the City of Dallas, Dallas County, Texas according to the map
663	582		thereof recorded in Volume 96, Page 476, Deed Records of Dallas
664	583		County, Texas, said tract conveyed to Pilgrim Industries, Inc. by
665	584		deed recorded in Volume 81185, Page 3346, Deed Records of Dallas
666	585		County, Texas, and being more particularly described as follows:
667	586		BEGINNING at a point for a corner at the intersection of the
668	587		southwest line of Lincoln Street (a 50 foot right of way) with the
669	588		northwest line of Hickory Street (a 50 foot right of way), said
670	589		point being the east corner of said Lot 2 of Block C/181 of the said
671	590		Middleton Brothers Central Avenue Addition;
672	591		THENCE, S 52°43'10" W, with the northwest line of Hickory Street, a
673	592		distance of 130.00 feet to a point for a corner, said point being
674	593		the south corner of said Lot 1, Block C/181 of the said Middleton
675	594		Brothers Central Avenue Addition and said point at the intersection
676	595		of the northwest line of Hickory Street with the northeast line of a
677	596		tract of land conveyed to DART by deed recorded in volume 88083.
678	597		Page 4905, Deed Records of Dallas County, Texas;
679	598		THENCE, N 36°24'15" W, departing the northwest line of Hickory
680	599		Street and with the northeast line of DART, a distance of 260.00
681	600		feet to a set 5/8 inch iron rod for a corner, said point being the
682	601		common corner of said Lot 4 and Lot 5, Block C/181 of the said
683	602		Middleton Brothers Central Avenue Addition;
684	603		THENCE, N 52°43'10"E, departing the northeast line of DART and with
685	604		the common line of Lot 4 and Lot 5, a distance of 130.00 feet to a
686	605		5/8 inch iron rod in the southwest line of Lincoln Street;
687	606		THENCE, S 36°24'15" E, with the southwest line of Lincoln Street a
688	607		distance of 260.00 feet to the Point of Beginning.
689	608		TRACT 7:
690	609		Being situated in the John Grigsby Survey, Abstract No. 495, Dallas
691	610		County, Texas, and being part of City of Dallas Block No. 471 and
692	611		Block No. 160, and being a resurvey of a called 2.0230 acre tract of
693	612		land described by a deed to W&D Holden 1 Family Limited Partnership
694	613		of record in Volume 99249, Page 5930, Deed Records of Dallas County,
695	614		Texas and being more particularly described by metes and bounds as
696	615		follows:
697	616		BEGINNING at a concrete monument found for corner at the
698	617		intersection of the southeast right-of-way line of R.L. Thornton
699	618		Freeway (a variable width right-of-way) with the northeast
700	619		right-of-way line of South Central Expressway (a variable width
701	620		right-of-way), said point being the most western corner of said
702	621		2.0230 acre tract;
703	622		THENCE North 46°45'00" east along the southeast right-of-way line of
704	623		said R.L. Thornton Freeway, a distance of 258.36 feet to a 1/2 iron
705	624		rod found for corner at the most northern corner of said 2.0230 acre
706	625		tract;
707	626		THENCE South 36°04'04" east along a northeast line of said 2.0230
708	627		acre tract, a distance of 55.77 feet to a 1/2 iron rod found for
709	628		corner at an interior corner thereof;
710	629		THENCE North 51°59'25" east along a northwest line of said 2.0230
711	630		acre tract, a distance of 43.18 feet to a 1/2" iron rod found for
712	631		corner at a northern corner thereof and being in the southwest
713	632		right-of-way line of T. & N. O. Railroad (a variable width
714	633		right-of-way);
715	634		THENCE South 36°17'33" East along the southwest right-of-way line of
716	635		said T. & N. O. Railroad, a distance of 407.22 feet to a 1/2" iron
717	636		rod found for corner at the most eastern corner of said 2.0230 acre
718	637		tract and being in the northerly right-of-way line of Bluebell
719	638		Street (a variable width right-of-way);
720	639		THENCE South 84°17'19" West along the northerly right-of-way line of
721	640		said Bluebell Street, a distance of 13.15 feet to a 1/2" iron rod
722	641		found for corner;
723	642		THENCE North 77°09'39" West continuing along the northerly
724	643		right-of-way line of said Bluebell Street, a distance of 100.09
725	644		feet to a 1/2" iron rod found for corner;
726	645		THENCE North 74°09'26" West continuing along the northerly
727	646		right-of-way line of said Bluebell Street, a distance of 37.18 feet
728	647		to a 1/2" iron rod found for corner at the beginning of a
729	648		non-tangent curve to the left having a radius of 102.00 feet, a
730	649		central angle of 80°52'26", and a chord which bears South 76°21'04"
731	650		West, a distance of 103.34 feet;
732	651		THENCE in a westerly direction along the curving north right-of-way
733	652		line of said Bluebell Street, an arc distance of 108.37 feet to a
734	653		1/2" iron rod found for corner;
735	654		THENCE South 45°55'00" West along the northwest right-of-way line of
736	655		said Bluebell Street, a distance of 42.11 feet to a chainlink fence
737	656		post found for corner at the most southern corner of said 2.0230
738	657		acre tract and being in the northeast right-of-way line of said
739	658		South Central Expressway, said point also being the beginning of a
740	659		non-tangent curve to the left having a radius of 2339.33 feet, a
741	660		central angle of 06°25'54" and a chord which bears north 45°22'36"
742	661		West, a distance of 202.46 feet;
743	662		THENCE in a northwesterly direction along the curving northeast
744	663		right-of-way line of said South Central Expressway, an arc distance
745	664		of 262.60 feet to a 1/2" iron rod found for corner;
746	665		THENCE North 51°43'12" West continuing along the northeast
747	666		right-of-way line of said South Central Expressway, a distance of
748	667		28.99 feet to the PLACE OF BEGINNING and containing 88,017 square
749	668		feet or 2.021 acres of land.
750	669		SECTION 3. (a) The legal notice of the intention to
751	670		introduce this Act, setting forth the general substance of this
752	671		Act, has been published as provided by law, and the notice and a
753	672		copy of this Act have been furnished to all persons, agencies,
754	673		officials, or entities to which they are required to be furnished
755	674		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
756	675		Government Code.
757	676		(b) The governor, one of the required recipients, has
758	677		submitted the notice and Act to the Texas Commission on
759	678		Environmental Quality.
760	679		(c) The Texas Commission on Environmental Quality has filed
761	680		its recommendations relating to this Act with the governor,
762	681		lieutenant governor, and speaker of the house of representatives
763	682		within the required time.
764	683		(d) All requirements of the constitution and laws of this
765	684		state and the rules and procedures of the legislature with respect
766	685		to the notice, introduction, and passage of this Act have been
767	686		fulfilled and accomplished.
768	687		SECTION 4. This Act takes effect immediately if it receives
769	688		a vote of two-thirds of all the members elected to each house, as
770	689		provided by Section 39, Article III, Texas Constitution. If this
771	690		Act does not receive the vote necessary for immediate effect, this
772	691		Act takes effect September 1, 2019.
773		-	* * * * *
774	692
775	693		Pos. No. Name of Director
776	694
777	695		1 Madeleine Mitchell
778	696
779	697		2 Nataly V. Elberg
780	698
781	699		3 Stephen Wohr
782	700
783	701		4 Caitlin Simmons
784	702
785	703		5 Taylor McDonald