Bill Text: TX HB4742 | 2019-2020 | 86th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the SoGood Cedars Municipal Management District; providing authority to issue bonds; providing authority to impose assessments and fees.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-06-14 - Effective immediately [HB4742 Detail]
Download: Texas-2019-HB4742-Engrossed.html
Bill Title: Relating to the creation of the SoGood Cedars Municipal Management District; providing authority to issue bonds; providing authority to impose assessments and fees.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-06-14 - Effective immediately [HB4742 Detail]
Download: Texas-2019-HB4742-Engrossed.html
86R28935 SMT-F | ||
By: Bowers | H.B. No. 4742 |
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relating to the creation of the SoGood Cedars Municipal Management | |||||
District; providing authority to issue bonds; providing authority | |||||
to impose assessments, fees, and taxes. | |||||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |||||
SECTION 1. Subtitle C, Title 4, Special District Local Laws | |||||
Code, is amended by adding Chapter 3963 to read as follows: | |||||
CHAPTER 3963. SOGOOD CEDARS MUNICIPAL MANAGEMENT DISTRICT | |||||
SUBCHAPTER A. GENERAL PROVISIONS | |||||
Sec. 3963.0101. DEFINITIONS. In this chapter: | |||||
(1) "Board" means the district's board of directors. | |||||
(2) "City" means the City of Dallas. | |||||
(3) "Director" means a board member. | |||||
(4) "District" means the SoGood Cedars Municipal | |||||
Management District. | |||||
(5) "Exempt property" means property owned by a | |||||
governmental entity, including the city. | |||||
Sec. 3963.0102. NATURE OF DISTRICT. The SoGood Cedars | |||||
Municipal Management District is a special district created under | |||||
Section 59, Article XVI, Texas Constitution. | |||||
Sec. 3963.0103. PURPOSE; DECLARATION OF INTENT. (a) The | |||||
creation of the district is essential to accomplish the purposes of | |||||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | |||||
Texas Constitution, and other public purposes stated in this | |||||
chapter. | |||||
(b) By creating the district and in authorizing the city and | |||||
other political subdivisions to contract with the district, the | |||||
legislature has established a program to accomplish the public | |||||
purposes set out in Section 52-a, Article III, Texas Constitution. | |||||
(c) The creation of the district is necessary to promote, | |||||
develop, encourage, and maintain employment, commerce, | |||||
transportation, housing, tourism, recreation, the arts, | |||||
entertainment, economic development, safety, and the public | |||||
welfare in the district. | |||||
(d) This chapter and the creation of the district may not be | |||||
interpreted to relieve the city from providing the level of | |||||
services provided as of the effective date of the Act enacting this | |||||
chapter to the area in the district. The district is created to | |||||
supplement and not to supplant city services provided in the | |||||
district. | |||||
Sec. 3963.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | |||||
(a) All land and other property included in the district will | |||||
benefit from the improvements and services to be provided by the | |||||
district under powers conferred by Sections 52 and 52-a, Article | |||||
III, and Section 59, Article XVI, Texas Constitution, and other | |||||
powers granted under this chapter. | |||||
(b) The district is created to serve a public use and | |||||
benefit. | |||||
(c) The creation of the district is in the public interest | |||||
and is essential to further the public purposes of: | |||||
(1) developing and diversifying the economy of the | |||||
state; | |||||
(2) eliminating unemployment and underemployment; and | |||||
(3) developing or expanding transportation and | |||||
commerce. | |||||
(d) The district will: | |||||
(1) promote the health, safety, and general welfare of | |||||
residents, employers, potential employees, employees, visitors, | |||||
and consumers in the district, and of the public; | |||||
(2) provide needed funding for the district to | |||||
preserve, maintain, and enhance the economic health and vitality of | |||||
the district territory as a community and business center; | |||||
(3) promote the health, safety, welfare, and enjoyment | |||||
of the public by providing pedestrian ways and by landscaping and | |||||
developing certain areas in the district, which are necessary for | |||||
the restoration, preservation, and enhancement of scenic beauty; | |||||
and | |||||
(4) provide for water, wastewater, drainage, road, and | |||||
recreational facilities for the district. | |||||
(e) Pedestrian ways along or across a street, whether at | |||||
grade or above or below the surface, and street lighting, street | |||||
landscaping, parking, and street art objects are parts of and | |||||
necessary components of a street and are considered to be a street | |||||
or road improvement. | |||||
(f) The district will not act as the agent or | |||||
instrumentality of any private interest even though the district | |||||
will benefit many private interests as well as the public. | |||||
Sec. 3963.0105. INITIAL DISTRICT TERRITORY. (a) The | |||||
district is initially composed of the territory described by | |||||
Section 2 of the Act enacting this chapter. | |||||
(b) The boundaries and field notes contained in Section 2 of | |||||
the Act enacting this chapter form a closure. A mistake in the | |||||
field notes or in copying the field notes in the legislative process | |||||
does not affect the district's: | |||||
(1) organization, existence, or validity; | |||||
(2) right to issue any type of bonds for the purposes | |||||
for which the district is created or to pay the principal of and | |||||
interest on the bonds; | |||||
(3) right to impose or collect an assessment or tax; or | |||||
(4) legality or operation. | |||||
Sec. 3963.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | |||||
All or any part of the area of the district is eligible to be | |||||
included in: | |||||
(1) a tax increment reinvestment zone created under | |||||
Chapter 311, Tax Code; or | |||||
(2) a tax abatement reinvestment zone created under | |||||
Chapter 312, Tax Code. | |||||
Sec. 3963.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT | |||||
DISTRICTS LAW. Except as otherwise provided by this chapter, | |||||
Chapter 375, Local Government Code, applies to the district. | |||||
Sec. 3963.0108. CONSTRUCTION OF CHAPTER. This chapter | |||||
shall be liberally construed in conformity with the findings and | |||||
purposes stated in this chapter. | |||||
SUBCHAPTER B. BOARD OF DIRECTORS | |||||
Sec. 3963.0201. GOVERNING BODY; TERMS. (a) The district is | |||||
governed by a board of five elected directors who serve staggered | |||||
terms of four years. | |||||
(b) Directors are elected in the manner provided by | |||||
Subchapter D, Chapter 49, Water Code. | |||||
Sec. 3963.0202. EX OFFICIO DIRECTORS. (a) The city | |||||
manager, city auditor, and city attorney serve as nonvoting ex | |||||
officio directors. | |||||
(b) The city manager, city auditor, or city attorney may | |||||
appoint a designee to serve as an ex officio director in place of | |||||
that person. | |||||
(c) An ex officio director is entitled to speak on any | |||||
matter before the board. | |||||
(d) An ex officio director is not counted as a director for | |||||
purposes of establishing a quorum. | |||||
Sec. 3963.0203. MEETINGS; NOTICE. (a) The board shall hold | |||||
meetings at a place accessible to the public. | |||||
(b) The board must post notice of each meeting with the city | |||||
secretary not later than 72 hours before the scheduled time of the | |||||
meeting. | |||||
Sec. 3963.0204. COMPENSATION; EXPENSES. (a) The district | |||||
may compensate each voting director in an amount not to exceed $150 | |||||
for each board meeting. The total amount of compensation for each | |||||
director in one year may not exceed $7,200. | |||||
(b) An ex officio director is not entitled to receive | |||||
compensation from the district. | |||||
(c) A voting director or an ex officio director is entitled | |||||
to reimbursement for necessary and reasonable expenses incurred in | |||||
carrying out the duties and responsibilities of the board. | |||||
Sec. 3963.0205. INITIAL DIRECTORS. (a) The initial board | |||||
consists of the following directors: | |||||
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(b) Of the initial directors, the terms of directors | |||||
appointed for positions one through three expire June 1, 2021, and | |||||
the terms of directors appointed for positions four and five expire | |||||
June 1, 2023. | |||||
SUBCHAPTER C. POWERS AND DUTIES | |||||
Sec. 3963.0301. GENERAL POWERS AND DUTIES. (a) The | |||||
district has the powers and duties necessary to accomplish the | |||||
purposes for which the district is created. | |||||
(b) The board may not take any action or exercise any power | |||||
granted under this chapter other than to hold an initial | |||||
organizational meeting until the development agreement described | |||||
by Section 3963.0302 is approved by the city and executed by the | |||||
parties to the agreement. | |||||
Sec. 3963.0302. DEVELOPMENT AGREEMENT. (a) The city, the | |||||
district, and any other entities the city determines are necessary | |||||
to the agreement may execute a development agreement if approved by | |||||
the city. | |||||
(b) This chapter expires on the fourth anniversary of the | |||||
effective date of the Act enacting this chapter if the development | |||||
agreement under Subsection (a) is not executed before that date. | |||||
Sec. 3963.0303. IMPROVEMENT PROJECTS AND SERVICES. (a) The | |||||
district, using any money available to the district for the | |||||
purpose, may provide, design, construct, acquire, improve, | |||||
relocate, operate, maintain, or finance an improvement project or | |||||
service authorized under this chapter or Chapter 375, Local | |||||
Government Code. | |||||
(b) The district may contract with a governmental or private | |||||
entity to carry out an action under Subsection (a). | |||||
(c) The implementation of a district project or service is a | |||||
governmental function or service for the purposes of Chapter 791, | |||||
Government Code. | |||||
(d) A district improvement project or service must comply | |||||
with: | |||||
(1) the city charter and any city zoning and | |||||
subdivision requirements; and | |||||
(2) city codes and ordinances. | |||||
(e) The district may not provide, conduct, or authorize an | |||||
improvement project on any street, highway, right-of-way, or | |||||
easement owned or controlled by the city unless the governing body | |||||
of the city by resolution consents to the improvement. | |||||
Sec. 3963.0304. NONPROFIT CORPORATION. (a) The board by | |||||
resolution may, with the consent of the governing body of the city | |||||
by resolution, authorize the creation of a nonprofit corporation to | |||||
assist and act for the district in implementing a project or | |||||
providing a service authorized by this chapter. | |||||
(b) The nonprofit corporation: | |||||
(1) has each power of and is considered to be a local | |||||
government corporation created under Subchapter D, Chapter 431, | |||||
Transportation Code; and | |||||
(2) may implement any project and provide any service | |||||
authorized by this chapter. | |||||
(c) The board shall appoint the board of directors of the | |||||
nonprofit corporation. The board of directors of the nonprofit | |||||
corporation shall serve in the same manner as the board of directors | |||||
of a local government corporation created under Subchapter D, | |||||
Chapter 431, Transportation Code, except that a board member is not | |||||
required to reside in the district. | |||||
(d) The board of the nonprofit corporation shall hold | |||||
meetings at a place accessible to the public. | |||||
(e) The board of the nonprofit corporation must post notice | |||||
of each meeting with the city secretary not later than 72 hours | |||||
before the scheduled time of the meeting. | |||||
Sec. 3963.0305. LAW ENFORCEMENT SERVICES. To protect the | |||||
public interest, with the consent of the governing body of the city | |||||
by resolution, the district may contract with a qualified party, | |||||
including the city, to provide law enforcement services in the | |||||
district for a fee. | |||||
Sec. 3963.0306. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. | |||||
The district may join and pay dues to a charitable or nonprofit | |||||
organization that performs a service or provides an activity | |||||
consistent with the furtherance of a district purpose. | |||||
Sec. 3963.0307. ECONOMIC DEVELOPMENT PROGRAMS. (a) The | |||||
district may engage in activities that accomplish the economic | |||||
development purposes of the district. | |||||
(b) The district may establish and provide for the | |||||
administration of one or more programs to promote state or local | |||||
economic development and to stimulate business and commercial | |||||
activity in the district, including programs to: | |||||
(1) make loans and grants of public money; and | |||||
(2) provide district personnel and services. | |||||
(c) The district may create economic development programs | |||||
and exercise the economic development powers provided to | |||||
municipalities by: | |||||
(1) Chapter 380, Local Government Code; and | |||||
(2) Subchapter A, Chapter 1509, Government Code. | |||||
Sec. 3963.0308. PARKING FACILITIES. (a) The district may | |||||
acquire, lease as lessor or lessee, construct, develop, own, | |||||
operate, and maintain parking facilities or a system of parking | |||||
facilities, including lots, garages, parking terminals, or other | |||||
structures or accommodations for parking motor vehicles off the | |||||
streets and related appurtenances. | |||||
(b) The district's parking facilities serve the public | |||||
purposes of the district and are owned, used, and held for a public | |||||
purpose even if leased or operated by a private entity for a term of | |||||
years. | |||||
(c) The district's parking facilities are parts of and | |||||
necessary components of a street and are considered to be a street | |||||
or road improvement. | |||||
(d) The development and operation of the district's parking | |||||
facilities may be considered an economic development program. | |||||
Sec. 3963.0309. ADDING OR EXCLUDING LAND. With the consent | |||||
of the governing body of the city by resolution, the district may | |||||
add or exclude land in the manner provided by Subchapter J, Chapter | |||||
49, Water Code, or by Subchapter H, Chapter 54, Water Code. | |||||
Sec. 3963.0310. DISBURSEMENTS AND TRANSFERS OF MONEY. The | |||||
board by resolution shall establish the number of directors' | |||||
signatures and the procedure required for a disbursement or | |||||
transfer of district money. | |||||
Sec. 3963.0311. EXEMPT PROPERTY. The district may not | |||||
impose an assessment, fee, tax, or other charge on an exempt | |||||
property. | |||||
Sec. 3963.0312. CERTAIN RESIDENTIAL PROPERTY. (a) Section | |||||
375.161, Local Government Code, does not apply to the district. | |||||
(b) Notwithstanding Subsection (a), the district may not | |||||
impose an assessment on property if the owner qualifies the | |||||
property for a homestead exemption under Section 11.13, Tax Code: | |||||
(1) for the tax year in which the Act enacting this | |||||
chapter takes effect; or | |||||
(2) for the tax year in which the assessment is | |||||
imposed. | |||||
Sec. 3963.0313. NO EMINENT DOMAIN POWER. The district may | |||||
not exercise the power of eminent domain. | |||||
SUBCHAPTER D. ASSESSMENTS | |||||
Sec. 3963.0401. PETITION REQUIRED FOR FINANCING SERVICES | |||||
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a | |||||
service or improvement project with assessments under this chapter | |||||
unless a written petition requesting that service or improvement | |||||
has been filed with the board. | |||||
(b) A petition filed under Subsection (a) must be signed by | |||||
the owners of a majority of the assessed value of real property in | |||||
the district subject to assessment according to the most recent | |||||
certified tax appraisal roll for the county. | |||||
Sec. 3963.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | |||||
The board by resolution may impose and collect an assessment for any | |||||
purpose authorized by this chapter in all or any part of the | |||||
district. | |||||
(b) An assessment, a reassessment, or an assessment | |||||
resulting from an addition to or correction of the assessment roll | |||||
by the district, penalties and interest on an assessment or | |||||
reassessment, an expense of collection, and reasonable attorney's | |||||
fees incurred by the district: | |||||
(1) are a first and prior lien against the property | |||||
assessed; | |||||
(2) are superior to any other lien or claim other than: | |||||
(A) a lien or claim for county, school district, | |||||
or municipal ad valorem taxes; or | |||||
(B) a lien filed by the city or securing an | |||||
obligation owed to the city; and | |||||
(3) are the personal liability of and a charge against | |||||
the owners of the property even if the owners are not named in the | |||||
assessment proceedings. | |||||
(c) The lien is effective from the date of the board's | |||||
resolution imposing the assessment until the date the assessment is | |||||
paid. The board may enforce the lien in the same manner that the | |||||
board may enforce an ad valorem tax lien against real property. | |||||
(d) The board may make a correction to or deletion from the | |||||
assessment roll that does not increase the amount of assessment of | |||||
any parcel of land without providing notice and holding a hearing in | |||||
the manner required for additional assessments. | |||||
SUBCHAPTER E. TAXES AND BONDS | |||||
Sec. 3963.0501. TAX ELECTION REQUIRED. The district must | |||||
hold an election in the manner provided by Chapter 49, Water Code, | |||||
or, if applicable, Chapter 375, Local Government Code, to obtain | |||||
voter approval before the district may impose an ad valorem tax. | |||||
Sec. 3963.0502. OPERATION AND MAINTENANCE TAX. (a) If | |||||
authorized by a majority of the district voters voting at an | |||||
election under Section 3963.0501, the district may impose an | |||||
operation and maintenance tax on taxable property in the district | |||||
in the manner provided by Section 49.107, Water Code, for any | |||||
district purpose, including to: | |||||
(1) maintain and operate the district; | |||||
(2) construct or acquire improvements; or | |||||
(3) provide a service. | |||||
(b) The board shall determine the operation and maintenance | |||||
tax rate. The rate may not exceed the rate approved at the | |||||
election. | |||||
Sec. 3963.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE | |||||
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on | |||||
terms determined by the board. | |||||
(b) The district may issue bonds, notes, or other | |||||
obligations payable wholly or partly from ad valorem taxes, | |||||
assessments, impact fees, revenue, contract payments, grants, or | |||||
other district money, or any combination of those sources of money, | |||||
to pay for any authorized district purpose. | |||||
Sec. 3963.0504. BONDS SECURED BY REVENUE OR CONTRACT | |||||
PAYMENTS. The district may issue, without an election, bonds | |||||
secured by: | |||||
(1) revenue other than ad valorem taxes, including | |||||
contract revenues; or | |||||
(2) contract payments, provided that the requirements | |||||
of Section 49.108, Water Code, have been met. | |||||
Sec. 3963.0505. BONDS SECURED BY AD VALOREM TAXES; | |||||
ELECTIONS. (a) If authorized at an election under Section | |||||
3963.0501, the district may issue bonds payable from ad valorem | |||||
taxes. | |||||
(b) Section 375.243, Local Government Code, does not apply | |||||
to the district. | |||||
(c) At the time the district issues bonds payable wholly or | |||||
partly from ad valorem taxes, the board shall provide for the annual | |||||
imposition of a continuing direct annual ad valorem tax, without | |||||
limit as to rate or amount, for each year that all or part of the | |||||
bonds are outstanding as required and in the manner provided by | |||||
Sections 54.601 and 54.602, Water Code. | |||||
(d) All or any part of any facilities or improvements that | |||||
may be acquired by a district by the issuance of its bonds may be | |||||
submitted as a single proposition or as several propositions to be | |||||
voted on at the election. | |||||
Sec. 3963.0506. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT | |||||
UNDER AGREEMENT. If the improvements financed by an obligation | |||||
will be conveyed to or operated and maintained by a municipality or | |||||
retail utility provider pursuant to an agreement between the | |||||
district and the municipality or retail utility provider entered | |||||
into before the issuance of the obligation, the obligation may be in | |||||
the form of bonds, notes, or other obligations payable wholly or | |||||
partly from ad valorem taxes or assessments, issued by public or | |||||
private sale, in the manner provided by Subchapter A, Chapter 372, | |||||
Local Government Code. | |||||
Sec. 3963.0507. CONSENT OF MUNICIPALITY REQUIRED. (a) The | |||||
board may not issue bonds or hold an election to authorize the | |||||
imposition of an ad valorem tax until each municipality in whose | |||||
corporate limits or extraterritorial jurisdiction the district is | |||||
located has consented by ordinance or resolution to the creation of | |||||
the district and to the inclusion of land in the district. | |||||
(b) This section applies only to the district's first | |||||
issuance of bonds payable from ad valorem taxes. | |||||
SUBCHAPTER I. DISSOLUTION | |||||
Sec. 3963.0901. DISSOLUTION. (a) The board shall dissolve | |||||
the district on written petition filed with the board by the owners | |||||
of: | |||||
(1) 66 percent or more of the assessed value of the | |||||
property subject to assessment by the district based on the most | |||||
recent certified county property tax rolls; or | |||||
(2) 66 percent or more of the surface area of the | |||||
district, excluding roads, streets, highways, utility | |||||
rights-of-way, other public areas, and other property exempt from | |||||
assessment by the district according to the most recent certified | |||||
county property tax rolls. | |||||
(b) The board by majority vote may dissolve the district at | |||||
any time. | |||||
(c) The city by resolution may dissolve the district at any | |||||
time. | |||||
(d) The district may not be dissolved under Subsection (a), | |||||
(b), or (c) if the district: | |||||
(1) has any outstanding debt until that debt has been | |||||
repaid or defeased in accordance with the order or resolution | |||||
authorizing the issuance of the debt; | |||||
(2) has a contractual obligation to pay money until | |||||
that obligation has been fully paid in accordance with the | |||||
contract; or | |||||
(3) owns, operates, or maintains public works, | |||||
facilities, or improvements unless the district contracts with | |||||
another person for the ownership and operation or maintenance of | |||||
the public works, facilities, or improvements. | |||||
(e) Subchapter M, Chapter 375, Local Government Code, does | |||||
not apply to the district. | |||||
SECTION 2. The SoGood Cedars Municipal Management District | |||||
initially includes all territory contained in the following area: | |||||
TRACT 1: | |||||
Being a 57.225 square feet tract or parcel of land in the M. Main | |||||
Survey, Abstract No. 995, situated in the City of Dallas, Dallas | |||||
County, Texas, and being part of Lot 5 and Lots 13 through 17, all of | |||||
lots 1 through 4, and all of an abandoned alley located in Block | |||||
A/873 of HUGHES BROTHERS SUBDIVISION, an addition to the City of | |||||
Dallas according to the plat thereof recorded in Volume 93, Page 43, | |||||
Map Records, Dallas County, Texas, said 57,225 square foot tract of | |||||
land being the same property as described in that certain tract of | |||||
land described in a warranty deed to Pilgrim's Pride Corporation | |||||
and recorded in Volume 2000163, Page 5582, Deed Records, Dallas | |||||
County, Texas and being more particularly described as follows: | |||||
BEGINNING at a 1/2 inch iron rod found for corner in the north right | |||||
of way of Clarence Street (a 50 foot right of way) and the east right | |||||
of way line of S. Cesar Chavez Boulevard (at this point a 95-foot | |||||
right of way) said corner also being the southwest corner of Lot 17, | |||||
Block A/873 of the aforementioned subdivision. | |||||
THENCE North 36 degrees 00 minutes 00 seconds West, along, said | |||||
easterly right of way line of said S. Cesar Chavez Boulevard, | |||||
distance of 250.00 feet to a found 1/2 inch iron rod in the south | |||||
right of way line of Coombs Street, and being the northwest corner | |||||
of Lot 13, Block A/873, for the northwest corner of the herein | |||||
described tract; | |||||
THENCE North 53 degrees 43 minutes 56 seconds East, departing said | |||||
Chavez Boulevard and along the southerly right of way line of Coombs | |||||
Street, a distance of 228.57 to a 1/2 inch iron rod found for the | |||||
northeast corner of the herein described tract and the west line of | |||||
a 100-foot right of -way-line of the T. & N.O. Railroad right-of-way | |||||
( formerly the H. & T.C. Railroad). | |||||
THENCE South 35 Degrees 58 minutes 46 seconds East, departing the | |||||
south right-of-way line of Coombs Street a distance of 208.74 feet | |||||
to a 1/2 inch iron rod found for corner in the said west right of way | |||||
line of said Railroad. | |||||
THENCE South 16 degrees 33 minutes 42 seconds East, departing said | |||||
Railroad right of way line and along the westerly right of way line | |||||
of Interstate Highway 45, a distance of 47,74 feet to a found 1/2 | |||||
inch iron rod in the aforementioned northerly right of way line of | |||||
said Clarence Street, for the southeast corner of the herein | |||||
described tract; | |||||
THENCE South 54 degrees 43 minutes 27 seconds West, along the | |||||
northerly right of way line of said Clarence Street, a distance of | |||||
212.62 to the POINT of BEGINNING and containing 57,225 square feet | |||||
or 1.314 acres of land. | |||||
TRACT 2: | |||||
BEING a 385,249 square feet or 8.848 acre tract of land situated in | |||||
the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas | |||||
County, Texas, said tract being all of Lot 1B of Block A/472 of | |||||
Pilgrim's Prepared Foods Addition, an addition to the City of | |||||
Dallas, Dallas County, Texas according to the Map thereof recorded | |||||
in Volume 97045, Page 2998, Deed Records of Dallas County, Texas, | |||||
all of Lots 23, 24, 25, 26 & 27, Block 466 of Ferris Park Addition, | |||||
an addition to the City of Dallas, Dallas County, Texas according to | |||||
the Map thereof recorded in Volume 239, Page 72, Deed Records of | |||||
Dallas County, Texas, a 1.198 acre tract and a 1.670 acre tract of | |||||
land and a 0.294 acre tract of land in Block 466, said Lot 1B | |||||
conveyed to Pilgrim's Pride Corporation by deeds recorded in Volume | |||||
88172, Page 2136 and Volume 91041, Page 5004, Deed Records of | |||||
Dallas, Texas, said Lots 23-27, Block 466 conveyed to Pilgrim's | |||||
Pride Corporation by deed recorded in Volume 97088, Page 2738, Deed | |||||
Records of Dallas County, Texas, said 1.198 acre tract in Block 466 | |||||
conveyed to Pilgrim's Pride Corporation by deed recorded in Volume | |||||
95250, Page 3603 Deed Records of Dallas County, Texas, and said | |||||
1.670 acre tract and 0.294 acre tract in Block 466 conveyed to | |||||
Pilgrim's Pride Corporation by deed recorded in Instrument Number | |||||
200600105781, Official Public Records of Dallas County, Texas, and | |||||
being more particularly described as follows: | |||||
BEGINNING at a set "x" in concrete for a corner at the intersection | |||||
of the southeast line of Hickory Street (a 50 foot right of way) and | |||||
the southwest line of S. Good Latimer Expressway (a 90 foot right of | |||||
way), said point being the north corner of said Lot 1B; | |||||
THENCE, S 36°18'00" E, with the southwest line of S. Good Latimer | |||||
Expressway, a distance of 477.87 feet to a set 5/8 iron rod for a | |||||
corner at the intersection of the southwest line of S. Good Latimer | |||||
Expressway with the northwest line of a variable width Alley right | |||||
of way; | |||||
THENCE, S 53°21'15" W, departing S. Good Latimer Expressway and with | |||||
the southeast line of Pilgrim's Prepared Food Addition and the | |||||
northwest line of the said Alley right of way, a distance of 439.94 | |||||
feet to a set 5/8 iron rod for a corner, said point being in the | |||||
northeast line of the said 1.198 acre tract; | |||||
THENCE, the following courses and distances with the northeast, | |||||
southeast and southwest line of the said 1.198 acre tract; | |||||
- S 36°18'00" E, a distance of 10.00 feet to a set 5/8 inch | |||||
iron rod for a corner; | |||||
- S 53°21'15" W, a distance of 64.89 feet to a set 5/8 inch | |||||
iron rod for a corner; | |||||
- S 30°15'00" E, a distance of 90.38 feet to a set 5/8 inch | |||||
iron rod for a corner, | |||||
- S 53°08'53" W, a distance of 25.59 feet to a set 5/8 inch | |||||
iron rod for a corner on the southeast line of Corinth Street (a 40 | |||||
feet right of way), said point being the north corner of a 1.39 acre | |||||
tract conveyed to Gustava Alvarado by deed records in Instrument | |||||
Number 201300058241, Official Public Records of Dallas County, | |||||
Texas; | |||||
- N 36°17'26" W, with the northeast line of Corinth Street, a | |||||
distance of 40.00 feet to a set 5/8 inch iron rod for a corner, said | |||||
point being the southeast corner of the said 0.294 acre tract and | |||||
the north corner of Corinth Street; | |||||
THENCE, S 53°17'04" W, with the northwest line of Corinth Street, a | |||||
distance of 211.57 feet to a found 1 inch iron rod at the | |||||
intersection of the northwest line of Corinth Street and the | |||||
northeast line of Cesar Chavez Boulevard (Central Expressway a | |||||
variable width right of way) for a corner; | |||||
THENCE, N 36°18'00" W, with the northeast line of Cesar Chavez | |||||
Boulevard, a distance of 582.00 feet to a set "x" in concrete for a | |||||
corner at the intersection of the northeast line of Cesar Chavez | |||||
Boulevard with Hickory Street, said point being the west corner of | |||||
said Lot 23, Block 466; | |||||
THENCE, the following courses and distances with the southeast line | |||||
of Hickory Street; | |||||
- N 53°07'43" E, a distance of 211.57 feet to a set mag nail | |||||
at the beginning of a non-tangent curve to the right with a central | |||||
angle of 52°42'31", a radius of 62.50 feet, a chord bearing of N | |||||
79°23'57" E and a chord distance of 55.49 feet, said point being the | |||||
north corner of said Lot 23, Block 466 and the west corner of the | |||||
said 1.198 acre tract; | |||||
- Northeasterly, along said curve, an arc distance of 57.50 | |||||
feet to a set mag nail at the beginning of a non-tangent curve to the | |||||
left with a central angle of 53°07'49", a radius of 62.50 feet, a | |||||
chord bearing of N 80°15'54" E and a chord distance of 55.90 feet, | |||||
said point being the west corner of said Lot 1B, Block A/472; | |||||
THENCE, the following courses and distances with the southeast line | |||||
of Hickory Street and the northwest line of said Lot 1B, A/472; | |||||
- Northeasterly, along said curve, an arc distance of 57.96 | |||||
feet to a set mag nail for a corner; | |||||
- N 52°43'10" E, a distance of 50.35 feet to a set mag nail | |||||
for a corner; | |||||
- S 36°18'00" E, a distance of 3.00 feet to a set mag nail for | |||||
a corner; | |||||
- N 52°43'10" E, a distance of 149.36 feet to a set mag nail | |||||
for a corner; | |||||
- N 36°18'00" W, a distance of 3.00 feet to a set mag nail for | |||||
a corner; | |||||
- N 52°43'10" E, a distance of 240.29 feet to the Point of | |||||
Beginning. | |||||
TRACT 3: | |||||
BEING a 13,298 square feet or 0.305 acre tract of land situated in | |||||
the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas | |||||
County, Texas said tract being all of Lot 2 and a part of Lot 3 of | |||||
Block B/473 of Middleton Brothers Central Avenue Addition, an | |||||
addition to the City of Dallas, Dallas County, Texas according to | |||||
the map thereof recorded in Volume 96, Page 476, Deed Records of | |||||
Dallas County, Texas, said tract conveyed to Pilgrim's Pride | |||||
Corporation by deed recorded in Volume 95099, Page 840, Deed | |||||
Records of Dallas County, Texas and being more particularly | |||||
described as follows: | |||||
BEGINNING at a found 100D nail in the northwest line of Hickory | |||||
Street (a 50 foot right of way), said point being the south corner | |||||
of said Lot 2 and the east corner of Lot 1 of Block B/473 of the said | |||||
Middleton Brothers Central Avenue Addition; | |||||
THENCE, N 36°24'15" W, departing said northwest line of Hickory | |||||
Street and with the common line of said Lot 1 and Lot 2, a distance | |||||
of 140.00 feet to a set 5/8 inch iron rod for a corner in the | |||||
southeast line of a 20 foot Alley right of way, said point being the | |||||
west corner of said Lot 2; | |||||
THENCE, N 52°43'10" E, with the southeast line of the said Alley | |||||
right of way, a distance of 95.00 feet to a set 5/8 inch iron rod for | |||||
a corner; | |||||
THENCE, S 36°24'15" E, departing the southeast line of the said | |||||
Alley right of way, a distance of 140.00 feet to a set 5/8 inch iron | |||||
rod for a corner in the northwest line of Hickory Street; | |||||
THENCE, S 52°43'10" W, with the northwest line of Hickory Street a | |||||
distance of 95.00 feet to the Point of Beginning. | |||||
TRACT 4: | |||||
BEING a 19,498 square feet or 0.448 acre tract of land situated in | |||||
the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas | |||||
County, Texas, said tract being all of Lots 5, 6, and 7 of Block | |||||
C/181 of Middleton Brothers Central Avenue Addition, an addition to | |||||
the City of Dallas, Dallas County, Texas according to the map | |||||
thereof recorded in Volume 96, Page 476, Deed Records of Dallas | |||||
County, Texas, said tract conveyed to Pilgrim Industries, Inc. by | |||||
deed recorded in Volume 81185, Page 3346, Deed Records of Dallas | |||||
County, Texas, and being more particularly described as follows: | |||||
BEGINNING at a set 5/8 inch iron rod at the intersection of the | |||||
southwest line of Lincoln Street (a 50 foot right of way) and the | |||||
southeast line of Dawson Street (a 50 foot right of way), said point | |||||
being the north corner a Lot 7 of Block C/181 of the said Middleton | |||||
Brothers Central Avenue Addition; | |||||
THENCE, S 36°24'15" E, with the southwest line of Lincoln Street, a | |||||
distance of 150,00 feet to a set 5/8 inch iron rod for a corner, said | |||||
point being the east corner of Lot 5 and the north corner of Lot 4, | |||||
Block C/181 of the said Middleton Brothers Central Avenue Addition; | |||||
THENCE, S 52°43'10" W, departing the southwest line of Lincoln | |||||
Street and with the common line of said Lot 4 and Lot 5, a distance | |||||
of 130.00 feet to a set 5/8 inch iron rod for a corner, said point | |||||
being the south corner of Lot 5, said corner also being in the | |||||
northeast line of a tract of land conveyed to Dallas Area Rapid | |||||
Transit (DART) by deed recorded in Volume 88083, Page 4905, Deed | |||||
Records of Dallas County, Texas; | |||||
THENCE, N 36°24'15" W, with the southwest line of Block C/181 and the | |||||
northeast line of DART, a distance of 150.00 feet to a 5/8 inch iron | |||||
rod in the southeast line of Dawson Street, said point also be the | |||||
west corner of Lot 7; | |||||
THENCE, N 52°43'10" E, with the southeast line of Dawson Street .a | |||||
distance of 130.00 feet to the Point of Beginning. | |||||
TRACT 5: | |||||
BEING a 19,498 square feet or 0.448 acre tract of land situated in | |||||
the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas | |||||
County, Texas, said tract being all of Lots 7, 8, and 9 of Block | |||||
B/473 of Middleton Brothers Central Avenue Addition, an addition to | |||||
the City of Dallas, Dallas County, Texas according to the map | |||||
thereof recorded in Volume 96, Page 476, Deed Records of Dallas | |||||
County, Texas, said tract conveyed to Pilgrim Pride Corporation by | |||||
deeds recorded in Volume 95099, Page 840 and Volume 97074, Page | |||||
1537, Deed Records of Dallas County, Texas, and being more | |||||
particularly described as follows: | |||||
BEGINNING at a found monument in the northeast line of Lincoln | |||||
Street (a 50 foot right of way), said point also being the west | |||||
corner of Lot 9 of Block B/473 and the south corner of said Lot 10, | |||||
Block B/473 of said Middleton Brothers Central Avenue Addition; | |||||
THENCE, N 52°43'10" E, departing the northeast line of Lincoln | |||||
Street and along the common line of said Lot 9 and Lot 10, a distance | |||||
of 130.00 feet to a set 5/8 inch iron rod for a corner, said point | |||||
being the north corner of Lot 9 and the west corner of Lot 12, Block | |||||
B/473 of the said Middleton Brothers Central Avenue Addition; | |||||
THENCE, S 36°24'15" E, with the common line of said Lot 9 and Lot 12, | |||||
passing at a distance of 50.0 feet the west corner of Lot 13A, Block | |||||
B/473 of Unique Electric Addition as recorded in Instrument Number | |||||
20070460539, Official Public Records of Dallas County, Texas, | |||||
passing at a distance of 111.0 feet the south corner of said Lot 13A | |||||
and in the southwest line of Lot 124, Block B/473 of the said | |||||
Middleton Brothers Central Avenue Addition, continuing in all a | |||||
distance of 150.00 to a set 5/8 iron rod for a corner, said point | |||||
being the east corner of Lot 7 and the north corner of Lot 6, Block | |||||
B/473 of the said Middleton Brothers Central Avenue Addition; | |||||
THENCE, S 52°43'10" W, with the common line of Lot 6 and Lot 7, a | |||||
distance of 130.00 feet to a set 5/8 inch iron rod in the northeast | |||||
line of Lincoln Street, said point also being the south corner of | |||||
said Lot 7; | |||||
THENCE, N 36°24'15" W, with the northeast line of Lincoln Street, a | |||||
distance of 150.00 feet to the Point of Beginning. | |||||
TRACT 6: | |||||
BEING a 33,796 square feet or 0.776 acre tract of land situated in | |||||
the John Grigsby Survey, Abstract No. 495, City of Dallas, Dallas | |||||
County, Texas, said tract being all of Lots 1, 2, 3 and 4 of Block | |||||
C/181 of Middleton Brothers Central Avenue Addition, an addition to | |||||
the City of Dallas, Dallas County, Texas according to the map | |||||
thereof recorded in Volume 96, Page 476, Deed Records of Dallas | |||||
County, Texas, said tract conveyed to Pilgrim Industries, Inc. by | |||||
deed recorded in Volume 81185, Page 3346, Deed Records of Dallas | |||||
County, Texas, and being more particularly described as follows: | |||||
BEGINNING at a point for a corner at the intersection of the | |||||
southwest line of Lincoln Street (a 50 foot right of way) with the | |||||
northwest line of Hickory Street (a 50 foot right of way), said | |||||
point being the east corner of said Lot 2 of Block C/181 of the said | |||||
Middleton Brothers Central Avenue Addition; | |||||
THENCE, S 52°43'10" W, with the northwest line of Hickory Street, a | |||||
distance of 130.00 feet to a point for a corner, said point being | |||||
the south corner of said Lot 1, Block C/181 of the said Middleton | |||||
Brothers Central Avenue Addition and said point at the intersection | |||||
of the northwest line of Hickory Street with the northeast line of a | |||||
tract of land conveyed to DART by deed recorded in volume 88083. | |||||
Page 4905, Deed Records of Dallas County, Texas; | |||||
THENCE, N 36°24'15" W, departing the northwest line of Hickory | |||||
Street and with the northeast line of DART, a distance of 260.00 | |||||
feet to a set 5/8 inch iron rod for a corner, said point being the | |||||
common corner of said Lot 4 and Lot 5, Block C/181 of the said | |||||
Middleton Brothers Central Avenue Addition; | |||||
THENCE, N 52°43'10"E, departing the northeast line of DART and with | |||||
the common line of Lot 4 and Lot 5, a distance of 130.00 feet to a | |||||
5/8 inch iron rod in the southwest line of Lincoln Street; | |||||
THENCE, S 36°24'15" E, with the southwest line of Lincoln Street a | |||||
distance of 260.00 feet to the Point of Beginning. | |||||
TRACT 7: | |||||
Being situated in the John Grigsby Survey, Abstract No. 495, Dallas | |||||
County, Texas, and being part of City of Dallas Block No. 471 and | |||||
Block No. 160, and being a resurvey of a called 2.0230 acre tract of | |||||
land described by a deed to W&D Holden 1 Family Limited Partnership | |||||
of record in Volume 99249, Page 5930, Deed Records of Dallas County, | |||||
Texas and being more particularly described by metes and bounds as | |||||
follows: | |||||
BEGINNING at a concrete monument found for corner at the | |||||
intersection of the southeast right-of-way line of R.L. Thornton | |||||
Freeway (a variable width right-of-way) with the northeast | |||||
right-of-way line of South Central Expressway (a variable width | |||||
right-of-way), said point being the most western corner of said | |||||
2.0230 acre tract; | |||||
THENCE North 46°45'00" east along the southeast right-of-way line of | |||||
said R.L. Thornton Freeway, a distance of 258.36 feet to a 1/2 iron | |||||
rod found for corner at the most northern corner of said 2.0230 acre | |||||
tract; | |||||
THENCE South 36°04'04" east along a northeast line of said 2.0230 | |||||
acre tract, a distance of 55.77 feet to a 1/2 iron rod found for | |||||
corner at an interior corner thereof; | |||||
THENCE North 51°59'25" east along a northwest line of said 2.0230 | |||||
acre tract, a distance of 43.18 feet to a 1/2" iron rod found for | |||||
corner at a northern corner thereof and being in the southwest | |||||
right-of-way line of T. & N. O. Railroad (a variable width | |||||
right-of-way); | |||||
THENCE South 36°17'33" East along the southwest right-of-way line of | |||||
said T. & N. O. Railroad, a distance of 407.22 feet to a 1/2" iron | |||||
rod found for corner at the most eastern corner of said 2.0230 acre | |||||
tract and being in the northerly right-of-way line of Bluebell | |||||
Street (a variable width right-of-way); | |||||
THENCE South 84°17'19" West along the northerly right-of-way line of | |||||
said Bluebell Street, a distance of 13.15 feet to a 1/2" iron rod | |||||
found for corner; | |||||
THENCE North 77°09'39" West continuing along the northerly | |||||
right-of-way line of said Bluebell Street, a distance of 100.09 | |||||
feet to a 1/2" iron rod found for corner; | |||||
THENCE North 74°09'26" West continuing along the northerly | |||||
right-of-way line of said Bluebell Street, a distance of 37.18 feet | |||||
to a 1/2" iron rod found for corner at the beginning of a | |||||
non-tangent curve to the left having a radius of 102.00 feet, a | |||||
central angle of 80°52'26", and a chord which bears South 76°21'04" | |||||
West, a distance of 103.34 feet; | |||||
THENCE in a westerly direction along the curving north right-of-way | |||||
line of said Bluebell Street, an arc distance of 108.37 feet to a | |||||
1/2" iron rod found for corner; | |||||
THENCE South 45°55'00" West along the northwest right-of-way line of | |||||
said Bluebell Street, a distance of 42.11 feet to a chainlink fence | |||||
post found for corner at the most southern corner of said 2.0230 | |||||
acre tract and being in the northeast right-of-way line of said | |||||
South Central Expressway, said point also being the beginning of a | |||||
non-tangent curve to the left having a radius of 2339.33 feet, a | |||||
central angle of 06°25'54" and a chord which bears north 45°22'36" | |||||
West, a distance of 202.46 feet; | |||||
THENCE in a northwesterly direction along the curving northeast | |||||
right-of-way line of said South Central Expressway, an arc distance | |||||
of 262.60 feet to a 1/2" iron rod found for corner; | |||||
THENCE North 51°43'12" West continuing along the northeast | |||||
right-of-way line of said South Central Expressway, a distance of | |||||
28.99 feet to the PLACE OF BEGINNING and containing 88,017 square | |||||
feet or 2.021 acres of land. | |||||
SECTION 3. (a) The legal notice of the intention to | |||||
introduce this Act, setting forth the general substance of this | |||||
Act, has been published as provided by law, and the notice and a | |||||
copy of this Act have been furnished to all persons, agencies, | |||||
officials, or entities to which they are required to be furnished | |||||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | |||||
Government Code. | |||||
(b) The governor, one of the required recipients, has | |||||
submitted the notice and Act to the Texas Commission on | |||||
Environmental Quality. | |||||
(c) The Texas Commission on Environmental Quality has filed | |||||
its recommendations relating to this Act with the governor, | |||||
lieutenant governor, and speaker of the house of representatives | |||||
within the required time. | |||||
(d) All requirements of the constitution and laws of this | |||||
state and the rules and procedures of the legislature with respect | |||||
to the notice, introduction, and passage of this Act have been | |||||
fulfilled and accomplished. | |||||
SECTION 4. This Act takes effect immediately if it receives | |||||
a vote of two-thirds of all the members elected to each house, as | |||||
provided by Section 39, Article III, Texas Constitution. If this | |||||
Act does not receive the vote necessary for immediate effect, this | |||||
Act takes effect September 1, 2019. |