Bill Text: TX SB2244 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to the creation of the University Hills Municipal Management District; providing authority to issue bonds; providing authority to impose assessments or fees.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled) 2017-06-12 - Effective immediately [SB2244 Detail]

Download: Texas-2017-SB2244-Enrolled.html
 
 
  S.B. No. 2244
 
 
 
 
AN ACT
  relating to the creation of the University Hills Municipal
  Management District; providing authority to issue bonds; providing
  authority to impose assessments or fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 4, Special District Local Laws
  Code, is amended by adding Chapter 3947 to read as follows:
  CHAPTER 3947. UNIVERSITY HILLS MUNICIPAL MANAGEMENT DISTRICT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 3947.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Dallas, Texas.
               (3)  "Commission" means the Texas Commission on
  Environmental Quality.
               (4)  "County" means Dallas County, Texas.
               (5)  "Director" means a board member.
               (6)  "District" means the University Hills Municipal
  Management District.
         Sec. 3947.002.  CREATION AND NATURE OF DISTRICT. The
  University Hills Municipal Management District is a special
  district created under Sections 52 and 52-a, Article III, and
  Section 59, Article XVI, Texas Constitution.
         Sec. 3947.003.  PURPOSE; LEGISLATIVE FINDINGS. (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. 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.
         (b)  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.
         Sec. 3947.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
  (a)  The district is created to serve a public use and benefit.
         (b)  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.
         (c)  The district is created to accomplish the purposes of a
  municipal management district as provided by general law and
  Sections 52 and 52-a, Article III, and Section 59, Article XVI,
  Texas Constitution.
         (d)  The creation of the district is in the public interest
  and is essential to:
               (1)  further the public purposes of developing and
  diversifying the economy of the state;
               (2)  eliminate unemployment and underemployment; and
               (3)  develop or expand transportation and commerce.
         (e)  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; and
               (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.
         (f)  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.
         Sec. 3947.005.  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 contract;
               (3)  authority to borrow money or issue bonds or other
  obligations described by Section 3947.203 or to pay the principal
  and interest of the bonds or other obligations;
               (4)  right to impose or collect an assessment or
  collect other revenue; or
               (5)  legality or operation.
         Sec. 3947.006.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
  (a)  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;
               (2)  a tax abatement reinvestment zone created under
  Chapter 312, Tax Code; or
               (3)  an enterprise zone created under Chapter 2303,
  Government Code.
         (b)  If the city creates a tax increment reinvestment zone
  described by Subsection (a), the city and the board of directors of
  the zone, by contract with the district, may grant money deposited
  in the tax increment fund to the district to be used by the district
  for:
               (1)  the purposes permitted for money granted to a
  corporation under Section 380.002(b), Local Government Code; and
               (2)  any other district purpose, including the right to
  pledge the money as security for any bonds or other obligations
  issued by the district under Section 3947.203.
         (c)  If the city creates a tax increment reinvestment zone
  described by Subsection (a), the city may determine the percentage
  of the property in the zone that may be used for residential
  purposes and is not subject to the limitations provided by Section
  311.006, Tax Code.
         Sec. 3947.007.  CONFIRMATION AND DIRECTORS' ELECTION
  REQUIRED. On receipt of a petition signed by the owners of a
  majority of the acreage and the assessed value of real property in
  the district according to the most recent certified tax appraisal
  roll for the county, the initial directors shall hold an election to
  confirm the creation of the district and to elect five permanent
  directors as provided by Section 49.102, Water Code.
         Sec. 3947.008.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICT LAW.  Except as provided by this chapter, Chapter 375,
  Local Government Code, applies to the district.
         Sec. 3947.009.  CONSTRUCTION OF CHAPTER. This chapter shall
  be construed in conformity with the findings and purposes stated in
  this chapter.
         Sec. 3947.010.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 3947.007
  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.
         Sec. 3947.011.  CONCURRENCE ON ADDITIONAL POWERS. If the
  legislature grants the district a power that is in addition to the
  powers approved by the initial resolution of the governing body of
  the city consenting to the creation of the district, the district
  may not exercise that power unless the governing body of the city
  consents to that change by ordinance or resolution.
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 3947.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 3947.054, directors serve
  staggered four-year terms, with two or three directors' terms
  expiring June 1 of each odd-numbered year.
         Sec. 3947.052.  BOARD MEETINGS. The board shall hold
  meetings at a place accessible to the public.
         Sec. 3947.053.  REMOVAL OF DIRECTORS. (a)  The board may
  remove a director by unanimous vote of the other directors if the
  director has missed at least half of the meetings scheduled during
  the preceding 12 months.
         (b)  A director removed under this section may file a written
  appeal with the commission not later than the 30th day after the
  date the director receives written notice of the board action. The
  commission may reinstate the director if the commission finds that
  the removal was unwarranted under the circumstances after
  considering the reasons for the absences, the time and place of the
  meetings, the business conducted at the meetings missed, and any
  other relevant circumstances.
         Sec. 3947.054.  INITIAL DIRECTORS. (a)  The initial board
  consists of:
                         Pos. No.   Name of Director
                         1         Kenneth Medlock
                         2         Michael Williams
                         3         Susan Larson
                         4         Alan Michlin
                         5         Michael Warner
         (b)  Initial directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 3947.007; or
               (2)  the fourth anniversary of the effective date of
  the Act enacting this chapter.
         (c)  If permanent directors have not been elected under
  Section 3947.007 and the terms of the initial directors have
  expired, successor initial directors shall be appointed or
  reappointed as provided by Subsection (d) to serve terms that
  expire on the earlier of:
               (1)  the date permanent directors are elected under
  Section 3947.007; or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (d)  If Subsection (c) applies, the owner or owners of a
  majority of the assessed value of the real property in the district
  according to the most recent certified tax appraisal rolls for the
  county may submit a petition to the commission requesting that the
  commission appoint as successor initial directors the five persons
  named in the petition.  The commission shall appoint as successor
  initial directors the five persons named in the petition.
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 3947.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3947.102.  IMPROVEMENT PROJECTS. The district may
  provide, or it may enter into contracts with a governmental or
  private entity to provide, the improvement projects described by
  Subchapter D or activities in support of or incidental to those
  projects.
         Sec. 3947.103.  WATER DISTRICT POWERS. The district has the
  powers provided by the general laws relating to conservation and
  reclamation districts created under Section 59, Article XVI, Texas
  Constitution, including Chapters 49 and 54, Water Code.
         Sec. 3947.104.  AUTHORITY FOR ROAD PROJECTS.  Under Section
  52, Article III, Texas Constitution, the district may design,
  acquire, construct, finance, issue bonds for, improve, operate,
  maintain, and convey to this state, a county, or a municipality for
  operation and maintenance macadamized, graveled, or paved roads or
  improvements, including storm drainage, in aid of those roads.
         Sec. 3947.105.  ROAD STANDARDS AND REQUIREMENTS. (a)  A
  road project must meet all applicable construction standards,
  zoning and subdivision requirements, and regulations of each
  municipality in whose corporate limits or extraterritorial
  jurisdiction the road project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards,
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
         Sec. 3947.106.  NO TOLL ROADS. The district may not
  construct, acquire, maintain, or operate a toll road.
         Sec. 3947.107.  PUBLIC IMPROVEMENT DISTRICT POWERS. The
  district has the powers provided by Chapter 372, Local Government
  Code, to a municipality or county.
         Sec. 3947.108.  CONTRACT POWERS. The district may contract
  with a governmental or private entity, on terms determined by the
  board, to carry out a power or duty authorized by this chapter or to
  accomplish a purpose for which the district is created.
         Sec. 3947.109.  AD VALOREM TAXATION.  The district may not
  impose an ad valorem tax.
         Sec. 3947.110.  LIMITATIONS ON EMERGENCY SERVICES POWERS.  
  The district may not establish, operate, maintain, or finance a
  police or fire department without the consent of the city by
  ordinance or resolution.
         Sec. 3947.111.  ADDING OR REMOVING TERRITORY. As provided
  by Subchapter J, Chapter 49, Water Code, the board may add territory
  inside the corporate boundaries or the extraterritorial
  jurisdiction of the city to the district or remove territory inside
  the corporate boundaries or the extraterritorial jurisdiction of
  the city from the district, except that:
               (1)  the addition or removal of the territory must be
  approved by the city;
               (2)  the addition or removal may not occur without
  petition by the owners of the territory being added or removed; and
               (3)  territory may not be removed from the district if
  bonds or other obligations of the district payable wholly or partly
  from assessments assessed on the territory are outstanding.
         Sec. 3947.112.  DIVISION OF DISTRICT.  (a)  The district may
  be divided into two or more new districts only if the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  This chapter applies to any new district created by the
  division of the district, and a new district has all the powers and
  duties of the district.
         (c)  Any new district created by the division of the district
  may not, at the time the new district is created, contain any land
  outside the area described by Section 2 of the Act enacting this
  chapter.
         (d)  The board, on its own motion or on receipt of a petition
  signed by the owner or owners of a majority of the assessed value of
  the real property in the district, may adopt an order dividing the
  district.
         (e)  The board may adopt an order dividing the district
  before or after the date the board holds an election under Section
  3947.007 to confirm the creation of the district.
         (f)  An order dividing the district must:
               (1)  name each new district;
               (2)  include the metes and bounds description of the
  territory of each new district;
               (3)  appoint initial directors for each new district;
  and
               (4)  provide for the division of assets and liabilities
  between or among the new districts.
         (g)  On or before the 30th day after the date of adoption of
  an order dividing the district, the district shall file the order
  with the commission and record the order in the real property
  records of each county in which the district is located.
         (h)  Any new district created by the division of the district
  shall hold a confirmation and directors' election as required by
  Section 3947.007.
         (i)  Municipal consent to the creation of the district and to
  the inclusion of land in the district granted under Section
  3947.010 acts as municipal consent to the creation of any new
  district created by the division of the district and to the
  inclusion of land in the new district.
         (j)  Any new district created by the division of the district
  must hold an election as required by this chapter to obtain voter
  approval before the district may impose a maintenance tax or issue
  bonds payable wholly or partly from ad valorem taxes.
         (k)  If the creation of the new district is confirmed, the
  new district shall provide the election date and results to the
  commission.
         Sec. 3947.113.  ENFORCEMENT OF REAL PROPERTY RESTRICTIONS.
  The district may enforce a real property restriction in the manner
  provided by Section 54.237, Water Code, if, in the reasonable
  judgment of the board, the enforcement of the restriction is
  necessary.
         Sec. 3947.114.  PROPERTY OF CERTAIN UTILITIES EXEMPT FROM
  ASSESSMENTS AND FEES. The district may not impose an assessment,
  impact fee, or standby fee on the property, including the
  equipment, rights-of-way, easements, facilities, or improvements,
  of:
               (1)  an electric utility or a power generation company
  as defined by Section 31.002, Utilities Code;
               (2)  a gas utility, as defined by Section 101.003 or
  121.001, Utilities Code, or a person who owns pipelines used for the
  transportation or sale of oil or gas or a product or constituent of
  oil or gas;
               (3)  a person who owns pipelines used for the
  transportation or sale of carbon dioxide;
               (4)  a telecommunications provider as defined by
  Section 51.002, Utilities Code; or
               (5)  a cable service provider or video service provider
  as defined by Section 66.002, Utilities Code.
         Sec. 3947.115.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D.  IMPROVEMENT PROJECTS AND SERVICES
         Sec. 3947.151.  IMPROVEMENT PROJECTS AND SERVICES.  The
  district may provide, design, construct, acquire, improve,
  relocate, operate, maintain, or finance an improvement project or
  service, including water, wastewater, drainage, and roadway
  projects or services, using any money available to the district, or
  contract with a governmental or private entity and reimburse that
  entity for the provision, design, construction, acquisition,
  improvement, relocation, operation, maintenance, or financing of
  an improvement project, service, or cost, for the provision of
  credit enhancement, or for any cost of operating or maintaining the
  district or the issuance of district obligations authorized under
  this chapter, Chapter 372 or 375, Local Government Code, or Chapter
  49 or 54, Water Code.
         Sec. 3947.152.  BOARD DETERMINATION REQUIRED.  The district
  may not undertake an improvement project unless the board
  determines the project is necessary to accomplish a public purpose
  of the district.
         Sec. 3947.153.  LOCATION OF IMPROVEMENT PROJECT. An
  improvement project may be located or provide service inside or
  outside the district.
         Sec. 3947.154.  CITY REQUIREMENTS.  An improvement project
  in the district must comply with any applicable requirements of the
  city, including codes and ordinances, unless specifically waived or
  superseded by agreement with the city.
         Sec. 3947.155.  IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE
  AREA; BENEFIT BASIS.  The district may undertake an improvement
  project or service that confers a special benefit on a definable
  area in the district and levy and collect a special assessment on
  benefited property in the district in accordance with:
               (1)  Chapter 372, Local Government Code; or
               (2)  Chapter 375, Local Government Code.
  SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3947.201.  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 the district's money.
         Sec. 3947.202.  MONEY USED FOR IMPROVEMENTS OR SERVICES.
  The district may undertake and provide an improvement project or
  service authorized by this chapter using any money available to the
  district.
         Sec. 3947.203.  BORROWING MONEY; OBLIGATIONS. (a)  The
  district may borrow money for a district purpose, including the
  acquisition or construction of improvement projects authorized by
  this chapter and the reimbursement of a person who develops or owns
  an improvement project authorized by this chapter, by issuing
  bonds, notes, time warrants, or other obligations, or by entering
  into a contract or other agreement payable wholly or partly from an
  assessment, a contract payment, a grant, revenue from a zone
  created under Chapter 311 or 312, Tax Code, other district revenue,
  or a combination of these sources.
         (b)  An obligation described by Subsection (a):
               (1)  may bear interest at a rate determined by the
  board; and
               (2)  may include a term or condition as determined by
  the board.
         (c)  The board may issue an obligation under this section
  without an election.
         (d)  The district may issue, by public or private sale,
  bonds, notes, or other obligations payable wholly or partly from
  assessments in the manner provided by Subchapter J, Chapter 375,
  Local Government Code.
         (e)  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 issued in the
  manner provided by Subchapter A, Chapter 372, Local Government
  Code.
         Sec. 3947.204.  ASSESSMENTS.  (a)  Except as provided by
  Subsections (b) and (c), the district may impose an assessment on
  property in the district to pay for an obligation described by
  Section 3947.203 or an improvement project authorized by Section
  3947.151 in the manner provided for:
               (1)  a district under Subchapters A, E, and F, Chapter
  375, Local Government Code; or
               (2)  a municipality or county under Subchapter A,
  Chapter 372, Local Government Code.
         (b)  The district may not impose an assessment on a
  municipality, county, or other political subdivision.
         (c)  The board may not finance an improvement project or
  service with assessments unless a written petition requesting that
  improvement project or service has been filed with the board.  The
  petition 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. 3947.205.  RESIDENTIAL PROPERTY NOT EXEMPT. Sections
  375.161 and 375.164, Local Government Code, do not apply to the
  district.
         Sec. 3947.206.  COLLECTION OF ASSESSMENTS.  The district may
  contract as provided by Chapter 791, Government Code, with the
  commissioners court of the county for the assessment and collection
  of assessments imposed under this subchapter.
         Sec. 3947.207.  RATES, FEES, AND CHARGES. The district may
  establish, revise, repeal, enforce, and collect rates, fees, and
  charges for the enjoyment, sale, rental, or other use of:
               (1)  an improvement project;
               (2)  a product resulting from an improvement project;
  or
               (3)  another district facility, service, or property.
  SUBCHAPTER F.  DISSOLUTION
         Sec. 3947.251.  DISSOLUTION BY BOARD. The board may
  dissolve the district in the manner provided by Section 375.261,
  Local Government Code, subject to Section 375.264, Local Government
  Code.
         Sec. 3947.252.  DISSOLUTION BY CITY. (a)  The city may
  dissolve the district by ordinance.
         (b)  The city may not dissolve the district until:
               (1)  the district's outstanding debt or contractual
  obligations have been repaid or discharged; or
               (2)  the city agrees to succeed to the rights and
  obligations of the district, including an obligation described by
  Section 3947.254.
         Sec. 3947.253.  COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
  (a)  If the dissolved district has bonds or other obligations
  outstanding secured by and payable from assessments or other
  revenue, the city succeeds to the rights and obligations of the
  district regarding enforcement and collection of the assessments or
  other revenue.
         (b)  The city shall have and exercise all district powers to
  enforce and collect the assessments or other revenue to pay:
               (1)  the bonds or other obligations when due and
  payable according to their terms; or
               (2)  revenue or assessment bonds or other obligations
  issued by the city to refund the outstanding bonds or obligations of
  the district.
         Sec. 3947.254.  ASSUMPTION OF ASSETS AND LIABILITIES.
  (a)  After the city dissolves the district, the city assumes the
  obligations of the district, including any contractual obligations
  or bonds or other debt payable from assessments or other district
  revenue.
         (b)  If the city dissolves the district, the board shall
  transfer ownership of all district property to the city.
         SECTION 2.  The University Hills Municipal Management
  District initially includes all the territory contained in the
  following area:
         BEING a 281.112-acres tract or parcel of land out of Abstract
  Number 1277, Abstract Number 0014 and Abstract Number 0380 situated
  in the City of Dallas, Dallas County, Texas; and being part of that
  tract of land conveyed to Patriot Real Estate Holdings RS10 by Deed
  recorded in Instrument Number 201200385008, Deed Records, Dallas
  County Texas, and being part of that tract of land conveyed to CADG
  Property Holdings I, LLC by deed recorded in Instrument Number
  201600055916, Deed Records, Dallas County, Texas, and being part of
  that tract of land conveyed to CADG Property Holdings I, LLC by deed
  recorded in Instrument Number 201500029116, Deed Records, Dallas
  County, and being part of that tract of land conveyed to CADG
  Property Holdings SPV, LLC by deed recorded in Instrument Number
  201400314231, Deed Recorded, Dallas County, Texas, and being part
  of that tract of land conveyed to St. Marks Believers Temple by deed
  recorded in Volume 81014, Page 976, Deed Records, Dallas County,
  Texas; and being more particularly described as follows:
         COMMENCING at the northeast corner of a tract of land
  conveyed to Patriot Real Estate Holdings RS10 by deed recorded in
  Instrument Number 201200385008, Deed Records, Dallas County,
  Texas, said point being in the west right-of-way line of Lancaster
  Road (variable width right-of-way);
         THENCE South 07 degrees 07 minutes 07 seconds East along the
  easterly line of said Patriot Real Estate Holdings RS10 tract and
  along the westerly right-of-way line of said Lancaster Road a
  distance of 433.04 feet to the POINT OF BEGINNING;
         THENCE South 07 degrees 25 minutes 01 seconds East,
  continuing along the easterly line of said Instrument Number
  201600198606 tract and the westerly right-of-way line of said
  Lancaster Road, a total distance of 734.79 feet to a point for
  corner;
         THENCE South 07 degrees 25 minutes 18 seconds East, following
  the easterly line of said Instrument Number 201600055154 and the
  westerly right-of-way line of Lancaster Road, a total distance of
  583.17 feet to a point for corner;
         THENCE South 06 degrees 24 minutes 46 seconds East,
  continuing along said westerly right-of-way line, a total distance
  of 105.30 feet to a point for corner;
         THENCE South 07 degrees 54 minutes 14 seconds East,
  continuing along said westerly right-of-way line, a total distance
  of 193.87 feet to a point for corner;
         THENCE South 07 degrees 27 minutes 10 seconds East,
  continuing along said westerly right-of-way line and following the
  easterly line of said Instrument Number 201600055916a total
  distance of 401.82 feet to a point for corner, said point being the
  northeast corner of a tract of land conveyed to Yvonne Simmons by
  deed recorded in Volume 2005121, Page 3183, Deed Records, Dallas
  County, Texas;
         THENCE South 82 degrees 29 minutes 50 seconds West,
  continuing along the easterly line of said Instrument Number
  201600055916 tract and the northerly line of said Simmons tract, a
  total distance of 150.00 feet to a point for corner; said point
  being the northwesterly corner of said Simmons tract;
         THENCE South 07 degrees 27 minutes 10 seconds East,
  continuing along the easterly line of said Instrument Number
  201600055916 tract and the westerly line of said Simmons tract, a
  total distance of 68.00 feet to a point for corner, said point being
  the southwest corner of said Simmons tract;
         THENCE North 82 degrees 29 minutes 50 seconds East,
  continuing along the easterly line of said Instrument Number
  201600055916 tract and the southerly line of said Simmons tract, a
  total distance of 150.00 feet to a point for corner, said point
  being the southeast corner of said Simmons tract;
         THENCE South 07 degrees 27 minutes 10 seconds East, following
  said westerly right-of-way line of Lancaster Road, a total distance
  of 251.73 feet to a point for corner, said point being the beginning
  of a tangent curve to the left;
         THENCE in a southeasterly direction along a curve to the
  left, having a central angle of 00 degrees 23 minutes 50 seconds, a
  radius of 8654.40 feet, and a chord bearing and distance of South 07
  degrees 39 minutes 05 seconds East, 60.00 feet, a total arc length
  of 60.00 feet to a point for corner, said point being in an easterly
  corner of a tract of land conveyed to King E. Rhodes, by deed
  recorded in Volume 2002187, Page 0125, Deed Records, Dallas County,
  Texas;
         THENCE South 77 degrees 25 minutes 31 seconds West, along the
  southerly line of said Instrument Number 201600055916 tract and the
  easterly line of said Rhodes tract, a total distance of 323.66 feet
  to a point for corner, said point being the southwest corner of said
  Instrument Number 201600055916 tract, said point also being a
  easterly corner of said Rhodes tract;
         THENCE North 07 degrees 22 minutes 14 seconds West, along the
  westerly line of said Instrument Number 201600055916 tract and the
  easterly line of said Rhodes tract, a total distance of 890.11 feet,
  to a point for corner, said point being the northwest corner of said
  Instrument Number 20160055916 tract and the northeast corner of
  said Rhodes tract, said point also being in a call centerline of
  Wheatland Road;
         THENCE South 58 degrees 38 minutes 34 seconds West, following
  the centerline of said Wheatland Road, a total distance of 287.40
  feet to a point for corner;
         THENCE South 58 degrees 50 minutes 23 seconds West,
  continuing along the centerline of said Wheatland Road, a total
  distance of 834.11 feet to a point for corner, said point being the
  northwest corner of said Rhodes tract;
         THENCE South 37 degrees 05 minutes 08 seconds East, following
  the westerly line of said Rhodes tract and the easterly line of said
  Instrument Number 201400314231, a total distance of 1206.46 feet to
  a point for corner, said point being the southwest corner of said
  Rhodes tract;
         THENCE North 52 degrees 54 minutes 29 seconds East, following
  the southerly line of said Rhodes tract, a total distance of 492.84
  feet to a point for corner;
         THENCE North 07 degrees 22 minutes 14 seconds West, following
  the southeasterly line of said Rhodes tract, a total distance of
  235.91 feet to a point for corner;
         THENCE North 77 degrees 25 minutes 15 seconds East,
  continuing along said southeasterly line of said Rhodes tract, a
  total distance of 323.99 feet to a point for corner, said point
  being in said westerly right-of-way line of Lancaster Road, said
  point also being the beginning of a non-tangent curve to the left;
         THENCE in a southeasterly direction along said curve to the
  left and following said westerly right-of-way line, having a
  central angle of 05 degrees 25 minutes 56 seconds, a radius of
  8654.40 feet, and a chord bearing and distance of South 11 degrees
  25 minutes 46 seconds East, 820.22 feet, a total arc length of
  820.53 feet, to a point for corner, said point being in the
  southerly line of said Instrument Number 201600055916 tract, said
  point also being the most northeasterly corner of a tract of land
  conveyed to DFW Oil Inc. as recorded in Instrument #2008038074,
  Deed Records, Dallas County, Texas;
         THENCE South 75 degrees 57 minutes 36 seconds West, along the
  southerly line of said Instrument Number 201600055916 tract and the
  northerly line of said DFW Oil Inc. tract, a total distance of
  225.00 feet to a point for corner;
         THENCE South 15 degrees 36 minutes 40 seconds East,
  continuing along the southerly line of Instrument Number
  201600055916 tract and the northerly line of said DFW Oil Inc.
  tract, a total distance of 385.17 feet, to a point for corner, said
  point being the northeast corner of a tract of land conveyed to All
  Saints Inc., as recorded Instrument Number 200900059010, Deed
  Records, Dallas County, Texas, said point being in the southerly
  line of said Instrument Number 201600055916 tract;
         THENCE South 69 degrees 59 minutes 35 seconds West, along the
  southerly line of said Instrument Number 201600055916 tract and the
  northerly line of said All Saints Inc. tract, a total distance of
  295.42 feet, a point for corner, said point being in the southerly
  line of said Instrument #201600055916 tract and the northwesterly
  corner of said All Saints Inc. tract;
         THENCE South 20 degrees 24 minutes 03 seconds East, along the
  southerly line of said Instrument Number 201600055916 tract and the
  westerly line of said All Saints Inc. tract a total distance of
  231.52 feet to a point for corner, said point being the southwest
  corner of said All Saints Inc. tract and the southerly line of said
  Instrument Number 201600055916 tract and the northerly line of said
  DFW Oil Inc. tract;
         THENCE South 69 degrees 51 minutes 21 seconds West, along the
  southerly line of said Instrument Number 201600055916 tract and the
  northerly line of said DFW Oil Inc. tract a total distance of 221.74
  feet to a point for corner, said point being the southerly line of
  said Instrument Number 201600055916 tract and the northwest corner
  of said DFW Oil Inc. tract;
         THENCE South 20 degrees 08 minutes 39 seconds East, along the
  southerly line of said Instrument Number 201600055916 tract and the
  west line of said DFW Oil Inc. tract, a total distance of 250.00
  feet to a point for corner, said point being the most southerly
  corner of said Instrument Number 201600055916 tract and being the
  southwest corner of said DFW Oil Inc. tract, said point also being
  in the northerly line of Interstate Highway 20 (LBJ Freeway a
  variable width right-of-way);
         THENCE South 69 degrees 51 minutes 21 seconds West, along the
  southerly line of said Instrument Number 201600055916 tract and the
  northerly right-of-way line of said Interstate Highway 20, a total
  distance of 315.04 feet;
         THENCE South 71 degrees 39 minutes 35 seconds West,
  continuing along the southerly line of said Instrument Number
  201600055916 tract with the northerly line of said Interstate
  Highway 20, a total distance of 1338.56 feet;
         THENCE South 55 degrees 12 minutes 20 seconds West,
  continuing along the southerly line of said Instrument Number
  201600055916 tract with the northerly line of said Interstate
  Highway 20, a total distance of 39.62 feet said point being the
  southwest corner of said Instrument #201600055916 tract and the
  southeast corner of a tract of land conveyed to Susan Wright Key, by
  deed recorded in Volume 88021, Page 1852, Deed Records, Dallas
  County, Texas;
         THENCE North 30 degrees 14 minutes 08 seconds West, along the
  westerly line of said Instrument Number 201600055916 tract and
  along the easterly line of said Susan Wright Key tract and the
  easterly line of a tract of land conveyed to Wycliff Bible
  Translators, Inc. as recorded in Volume 74198, Page 104, Deed
  Records, Dallas County, Texas and the easterly line of a tract of
  land conveyed to George P. Shropulos Family Limited Partnership as
  recorded in Volume 94043, Page 2846, Deed Records, Dallas County,
  Texas, a total distance of 2132.27 feet to a point for corner, said
  point being in the south right-of-way line of Wheatland Road (a
  variable width right-of-way), said point being the northwest corner
  of said Instrument Number 201600055916 tract;
         THENCE with the westerly line of said Instrument
  #201500029116 tract and the easterly line of said RKCJ LLC tract the
  following courses and distances:
               South 58 degrees 50 minutes 23 seconds West, a total
  distance of 22.99 feet to a point for corner;
               North 30 degrees 26 minutes 17 seconds West, a total
  distance of 472.69 feet to a point for corner;
               North 62 degrees 56 minutes 00 seconds East, a total
  distance of 17.96 feet to a point for corner;
               North 31 degrees 11 minutes 24 seconds West, a total
  distance of 1205.27 feet to a point for corner, said point being
  approximately the center line of a creek;
         THENCE along said approximately centerline of creek the
  following courses and distances;
               North 18 degrees 56 minutes 06 seconds East, a total
  distance of 154.49 feet to a point for corner;
               North 53 degrees 46 minutes 06 seconds East, a total
  distance of 203.00 feet to a point for corner;
               South 68 degrees 22 minutes 54 seconds East, a total
  distance of 133.72 feet to a point for corner;
               North 86 degrees 02 minutes 06 seconds East, a total
  distance of 111.50 feet to a point for corner;
               North 10 degrees 48 minutes 06 seconds East, a total
  distance of 107.15 feet to a point for corner;
               North 35 degrees 39 minutes 06 seconds East, a total
  distance of 141.00 feet to a point for corner;
               North 78 degrees 20 minutes 06 seconds East, a total
  distance of 97.05 feet to a point for corner;
               North 28 degrees 27 minutes 54 seconds West, a total
  distance of 140.57 feet to a point for corner;
               North 47 degrees 08 minutes 06 seconds East, a total
  distance of 150.88 feet to a point for corner;
               North 31 degrees 12 minutes 06 seconds East, a total
  distance of 130.56 feet to a point for corner;
               North 63 degrees 34 minutes 36 seconds East, a total
  distance of 134.95 feet to a point for corner;
               North 87 degrees 41 minutes 36 seconds East, a total
  distance of 129.10 feet to a point for corner;
               North 03 degrees 13 minutes 36 seconds East, a total
  distance of 132.20 feet to a point for corner;
               North 34 degrees 51 minutes 36 seconds East, a total
  distance of 164.10 feet to a point for corner;
               North 11 degrees 51 minutes 36 seconds East, a total
  distance of 124.70 feet to a point for corner;
         THENCE North 23 degrees 47 minutes 24 seconds West, a total
  distance of 139.58 feet to a point for corner, said point being in
  the northerly line of said Instrument Number 201500029116 tract and
  the southerly line of a tract of land conveyed to the City of Dallas
  as recorded in Volume 95095, Page 5779, Deed Records, Dallas
  County, Texas;
         THENCE North 54 degrees 24 minutes 43 seconds East, along the
  northerly line of said Instrument Number 201500029116 tract and
  along the southerly line of said City of Dallas tract a total
  distance of 537.89 feet to a point for corner;
         THENCE North 32 degrees 43 minutes 59 seconds West,
  continuing along said common linea total distance of 1.62 feet;
         THENCE North 58 degrees 51 minutes 51 seconds East,
  continuing along said common line and passing along the southerly
  line of a tract of land conveyed to 154 Lancaster Ltd., as recorded
  in Volume 98055, Page 0435, Deed Records, Dallas County, Texas, a
  total distance of 471.29 feet to a point for corner, said point
  being the northeasterly corner of said Instrument #201500029116
  tract;
         THENCE South 31 degrees 05 minutes 57 seconds East, departing
  the southerly line of said 154 Lancaster Ltd. tract along the
  easterly line of said Instrument Number 201500029116 tract passing
  along the westerly line of a tract of land conveyed to Camplanc
  Investments as recorded in Instrument Number 201100097436, Deed
  Records, Dallas County, Texas and passing along the westerly line
  of said Proton Properties LLC tract, a total distance of 634.03 feet
  to a point for corner, said point being the southwesterly corner of
  said Proton Properties LLC tract, and being a northerly corner of
  said Instrument Number 201500029116 tract;
         THENCE along the northerly line of said Instrument Number
  201500029116 tract and the southerly line of said Proton Properties
  LLC tract the following courses and distances:
               North 58 degrees 57 minutes 36 seconds East, a total
  distance of 894.69 feet to a point for corner;
               South 07 degrees 25 minutes 01 seconds East, a total
  distance of 277.11 feet to a point for corner;
               North 82 degrees 34 minutes 59 seconds East, a total
  distance of 439.00 feet to the POINT OF BEGINNING and containing a
  total area of 12,245,246.54 square feet, or 281.112 acres of land,
  more or less.
         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)  The general law relating to consent by political
  subdivisions to the creation of districts with conservation,
  reclamation, and road powers and the inclusion of land in those
  districts has been complied with.
         (e)  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, 2017.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2244 passed the Senate on
  May 8, 2017, by the following vote:  Yeas 29, Nays 1, one present
  not voting; May 25, 2017, Senate refused to concur in House
  amendments and requested appointment of Conference Committee;
  May 26, 2017, House granted request of the Senate; May 28, 2017,
  Senate adopted Conference Committee Report by the following
  vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2244 passed the House, with
  amendments, on May 24, 2017, by the following vote:  Yeas 141,
  Nays 5, two present not voting; May 26, 2017, House granted request
  of the Senate for appointment of Conference Committee;
  May 28, 2017, House adopted Conference Committee Report by the
  following vote:  Yeas 138, Nays 5, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor
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