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AN ACT
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relating to the creation of the SoGood Cedars Municipal Management |
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District; providing authority to issue bonds; providing authority |
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to impose assessments and fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3963 to read as follows: |
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CHAPTER 3963. SOGOOD CEDARS MUNICIPAL MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3963.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Dallas. |
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(3) "Director" means a board member. |
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(4) "District" means the SoGood Cedars Municipal |
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Management District. |
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(5) "Exempt property" means property owned by a |
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governmental entity, including the city. |
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Sec. 3963.0102. NATURE OF DISTRICT. The SoGood Cedars |
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Municipal Management District is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3963.0103. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. |
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(b) By creating the district and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(c) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(d) This chapter and the creation of the district may not be |
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interpreted to relieve the city from providing the level of |
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services provided as of the effective date of the Act enacting this |
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chapter to the area in the district. The district is created to |
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supplement and not to supplant city services provided in the |
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district. |
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Sec. 3963.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) All land and other property included in the district will |
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benefit from the improvements and services to be provided by the |
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district under powers conferred by Sections 52 and 52-a, Article |
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III, and Section 59, Article XVI, Texas Constitution, and other |
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powers granted under this chapter. |
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(b) The district is created to serve a public use and |
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benefit. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3963.0105. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bonds for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bonds; |
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(3) right to impose or collect an assessment; or |
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(4) legality or operation. |
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Sec. 3963.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; or |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code. |
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Sec. 3963.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3963.0108. CONSTRUCTION OF CHAPTER. This chapter |
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shall be liberally construed in conformity with the findings and |
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purposes stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3963.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors who serve staggered |
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terms of four years. |
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(b) Directors are elected in the manner provided by |
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Subchapter D, Chapter 49, Water Code. |
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(c) The board may not create an executive committee to |
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exercise the powers of the board. |
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Sec. 3963.0202. EX OFFICIO DIRECTORS. (a) The city |
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manager, city auditor, and city attorney serve as nonvoting ex |
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officio directors. |
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(b) The city manager, city auditor, or city attorney may |
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appoint a designee to serve as an ex officio director in place of |
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that person. |
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(c) An ex officio director is entitled to speak on any |
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matter before the board. |
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(d) An ex officio director is not counted as a director for |
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purposes of establishing a quorum. |
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Sec. 3963.0203. MEETINGS; NOTICE. (a) The board shall hold |
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meetings at a place accessible to the public. |
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(b) The board must post notice of each meeting with the city |
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secretary not later than 72 hours before the scheduled time of the |
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meeting. |
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Sec. 3963.0204. COMPENSATION; EXPENSES. (a) The district |
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may compensate each voting director in an amount not to exceed $150 |
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for each board meeting. The total amount of compensation for each |
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director in one year may not exceed $7,200. |
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(b) An ex officio director is not entitled to receive |
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compensation from the district. |
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(c) A voting director or an ex officio director is entitled |
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to reimbursement for necessary and reasonable expenses incurred in |
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carrying out the duties and responsibilities of the board. |
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Sec. 3963.0205. INITIAL DIRECTORS. (a) The initial board |
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consists of the following directors: |
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Pos. No. |
Name of Director |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one through three expire June 1, 2021, and |
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the terms of directors appointed for positions four and five expire |
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June 1, 2023. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3963.0301. GENERAL POWERS AND DUTIES. (a) The |
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district has the powers and duties necessary to accomplish the |
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purposes for which the district is created. |
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(b) The board may not take any action or exercise any power |
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granted under this chapter other than to hold an initial |
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organizational meeting until the development agreement described |
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by Section 3963.0302 is approved by the city and executed by the |
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parties to the agreement. |
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Sec. 3963.0302. DEVELOPMENT AGREEMENT. (a) The city, the |
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district, and any other entities the city determines are necessary |
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to the agreement may execute a development agreement if approved by |
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the city. |
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(b) This chapter expires on the fourth anniversary of the |
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effective date of the Act enacting this chapter if the development |
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agreement under Subsection (a) is not executed before that date. |
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Sec. 3963.0303. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
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district, using any money available to the district for the |
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purpose, may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service authorized under this chapter or Chapter 375, Local |
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Government Code. |
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(b) The district may contract with a governmental or private |
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entity to carry out an action under Subsection (a). |
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(c) The implementation of a district project or service is a |
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governmental function or service for the purposes of Chapter 791, |
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Government Code. |
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(d) A district improvement project or service must comply |
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with: |
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(1) the city charter and any city zoning and |
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subdivision requirements; and |
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(2) city codes and ordinances. |
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(e) The district may not provide, conduct, or authorize an |
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improvement project on any street, highway, right-of-way, or |
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easement owned or controlled by the city unless the governing body |
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of the city by resolution consents to the improvement. |
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Sec. 3963.0304. NONPROFIT CORPORATION. (a) The board by |
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resolution may, with the consent of the governing body of the city |
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by resolution, authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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(d) The board of the nonprofit corporation shall hold |
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meetings at a place accessible to the public. |
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(e) The board of the nonprofit corporation must post notice |
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of each meeting with the city secretary not later than 72 hours |
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before the scheduled time of the meeting. |
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Sec. 3963.0305. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, with the consent of the governing body of the city |
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by resolution, the district may contract with a qualified party, |
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including the city, to provide law enforcement services in the |
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district for a fee. |
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Sec. 3963.0306. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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The district, with the consent of the governing body of the city by |
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resolution, may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3963.0307. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district, with the consent of the governing body of the city by |
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resolution, may engage in activities that accomplish the economic |
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development purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers provided to |
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municipalities by: |
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(1) Chapter 380, Local Government Code; and |
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(2) Subchapter A, Chapter 1509, Government Code. |
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Sec. 3963.0308. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The district's parking facilities are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3963.0309. ADDING OR EXCLUDING LAND. With the consent |
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of the governing body of the city by resolution, the district may |
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add or exclude land in the manner provided by Subchapter J, Chapter |
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49, Water Code, or by Subchapter H, Chapter 54, Water Code. |
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Sec. 3963.0310. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of district money. |
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Sec. 3963.0311. EXEMPT PROPERTY. The district may not |
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impose an assessment, fee, tax, or other charge on an exempt |
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property. |
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Sec. 3963.0312. CERTAIN RESIDENTIAL PROPERTY. (a) Section |
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375.161, Local Government Code, does not apply to the district. |
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(b) Notwithstanding Subsection (a), the district may not |
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impose an assessment on property if the owner qualifies the |
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property for a homestead exemption under Section 11.13, Tax Code: |
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(1) for the tax year in which the Act enacting this |
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chapter takes effect; or |
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(2) for the tax year in which the assessment is |
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imposed. |
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Sec. 3963.0313. NO AD VALOREM TAX. The district may not |
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impose an ad valorem tax. |
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Sec. 3963.0314. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. ASSESSMENTS |
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Sec. 3963.0401. PETITION REQUIRED FOR FINANCING SERVICES |
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AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for the county. |
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Sec. 3963.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than: |
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(A) a lien or claim for county, school district, |
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or municipal ad valorem taxes; or |
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(B) a lien filed by the city or securing an |
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obligation owed to the city; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that a |
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taxing unit, as that term is defined by Section 1.04, Tax Code, may |
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enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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SUBCHAPTER E. BONDS |
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Sec. 3963.0501. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
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terms determined by the board. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from assessments, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources of money, to pay for any authorized |
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district purpose. |
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Sec. 3963.0502. BONDS SECURED BY REVENUE OR CONTRACT |
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PAYMENTS. The district may issue, without an election, bonds |
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secured by: |
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(1) revenue, including contract revenues; or |
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(2) contract payments, provided that the requirements |
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of Section 49.108, Water Code, have been met. |
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Sec. 3963.0503. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT |
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UNDER AGREEMENT. If the improvements financed by an obligation |
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will be conveyed to or operated and maintained by a municipality or |
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retail utility provider pursuant to an agreement between the |
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district and the municipality or retail utility provider entered |
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into before the issuance of the obligation, the obligation may be in |
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the form of bonds, notes, or other obligations payable wholly or |
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partly from assessments, issued by public or private sale, in the |
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manner provided by Subchapter A, Chapter 372, Local Government |
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Code. |
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Sec. 3963.0504. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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board may not issue bonds until each municipality in whose |
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corporate limits or extraterritorial jurisdiction the district is |
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located has consented by ordinance or resolution to the creation of |
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the district and to the inclusion of land in the district. |
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(b) This section applies only to the district's first |
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issuance of bonds. |
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SUBCHAPTER I. DISSOLUTION |
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Sec. 3963.0901. DISSOLUTION. (a) The board shall dissolve |
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the district on written petition filed with the board by the owners |
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of: |
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(1) 66 percent or more of the assessed value of the |
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property subject to assessment by the district based on the most |
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recent certified county property tax rolls; or |
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(2) 66 percent or more of the surface area of the |
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district, excluding roads, streets, highways, utility |
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rights-of-way, other public areas, and other property exempt from |
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assessment by the district according to the most recent certified |
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county property tax rolls. |
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(b) The board by majority vote may dissolve the district at |
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any time. |
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(c) The city by resolution may dissolve the district at any |
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time if: |
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(1) the development agreement has been executed; and |
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(2) the district's performance under the agreement has |
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been fulfilled, including any right or obligation the district has |
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to reimburse a developer or owner for the costs of an improvement |
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project. |
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(d) If the district is dissolved, the board shall transfer |
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ownership of all district property to the city. |
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(e) The district may not be dissolved under Subsection (a), |
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(b), or (c) if the district: |
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(1) has any outstanding debt until that debt has been |
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repaid or defeased in accordance with the order or resolution |
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authorizing the issuance of the debt; |
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(2) has a contractual obligation to pay money until |
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that obligation has been fully paid in accordance with the |
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contract; or |
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(3) owns, operates, or maintains public works, |
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facilities, or improvements unless the district contracts with |
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another person for the ownership and operation or maintenance of |
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the public works, facilities, or improvements. |
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(f) Subchapter M, Chapter 375, Local Government Code, does |
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not apply to the district. |
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SECTION 2. The SoGood Cedars Municipal Management District |
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initially includes all territory contained in the following area: |
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TRACT 1: |
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Being a 57.225 square feet tract or parcel of land in the M. Main |
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Survey, Abstract No. 995, situated in the City of Dallas, Dallas |
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County, Texas, and being part of Lot 5 and Lots 13 through 17, all of |
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lots 1 through 4, and all of an abandoned alley located in Block |
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A/873 of HUGHES BROTHERS SUBDIVISION, an addition to the City of |
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Dallas according to the plat thereof recorded in Volume 93, Page 43, |
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Map Records, Dallas County, Texas, said 57,225 square foot tract of |
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land being the same property as described in that certain tract of |
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land described in a warranty deed to Pilgrim's Pride Corporation |
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and recorded in Volume 2000163, Page 5582, Deed Records, Dallas |
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County, Texas and being more particularly described as follows: |
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BEGINNING at a 1/2 inch iron rod found for corner in the north right |
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of way of Clarence Street (a 50 foot right of way) and the east right |
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of way line of S. Cesar Chavez Boulevard (at this point a 95-foot |
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right of way) said corner also being the southwest corner of Lot 17, |
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Block A/873 of the aforementioned subdivision. |
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THENCE North 36 degrees 00 minutes 00 seconds West, along, said |
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easterly right of way line of said S. Cesar Chavez Boulevard, |
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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. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 4742 was passed by the House on May 7, |
|
|
2019, by the following vote: Yeas 128, Nays 18, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 4742 on May 24, 2019, by the following vote: Yeas 103, Nays 39, |
|
|
2 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 4742 was passed by the Senate, with |
|
|
amendments, on May 22, 2019, by the following vote: Yeas 28, Nays |
|
|
3. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |
