Bill Text: TX SB2244 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 - Dead) 2017-06-12 - Effective immediately [SB2244 Detail]
Download: Texas-2017-SB2244-Introduced.html
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 - Dead) 2017-06-12 - Effective immediately [SB2244 Detail]
Download: Texas-2017-SB2244-Introduced.html
85R9710 SMT-F | ||
By: West | S.B. No. 2244 |
|
||
|
||
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 3947.253 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 3947.253. | ||
(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. (a) Except as provided by this chapter, Chapter 375, | ||
Local Government Code, applies to the district. | ||
(b) Subchapters B and O, Chapter 375, Local Government Code, | ||
do not apply 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. 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 Michael Beaty | ||
2 Curtis Clinesmith | ||
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 C-1 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. 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. 3947.113. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER C-1. 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 D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS | ||
Sec. 3947.201. DIVISION OF DISTRICT; PREREQUISITES. (a) | ||
Subject to Subsection (b), the district, including territory added | ||
to the district under Section 3947.111, may be divided into two or | ||
more new districts only if the district has no outstanding bonded | ||
debt. Territory previously added to the district under Section | ||
3947.111 may be included in a new district. | ||
(b) If the board adds territory inside the corporate | ||
boundaries or the extraterritorial jurisdiction of the city or any | ||
other municipality to the district under Section 3947.111, the | ||
district may be divided under Subsection (a) only with the consent | ||
by ordinance or resolution of the city and any other municipality | ||
whose territory or extraterritorial jurisdiction is included in the | ||
district. | ||
Sec. 3947.202. LAW APPLICABLE TO NEW DISTRICT. This | ||
chapter applies to any new district created by division of the | ||
district, and a new district has all the powers and duties of the | ||
district. | ||
Sec. 3947.203. DIVISION PROCEDURES. (a) The board, on its | ||
own motion or on receipt of a petition signed by an owner of real | ||
property in the district, may adopt an order proposing to divide the | ||
district. | ||
(b) If the board decides to divide the district, the board | ||
shall: | ||
(1) set the terms of the division, including names for | ||
the new districts and a plan for the payment or performance of any | ||
outstanding district obligations; | ||
(2) prepare a metes and bounds description for each | ||
proposed district; and | ||
(3) appoint initial directors for each new district. | ||
Sec. 3947.204. NOTICE AND RECORDING OF ORDER. Not later | ||
than the 30th day after the date of an order dividing the district, | ||
the district shall: | ||
(1) file the order with the commission; and | ||
(2) record the order in the real property records of | ||
the county. | ||
Sec. 3947.205. CONTRACT AUTHORITY OF NEW DISTRICTS. The | ||
new districts may contract with each other for any matter the boards | ||
of the new districts consider appropriate, including the joint | ||
construction or financing of an improvement project and the joint | ||
financing of a maintenance obligation. | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3947.251. 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. 3947.252. 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. 3947.253. 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. | ||
Sec. 3947.254. 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 3947.253 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. 3947.255. RESIDENTIAL PROPERTY NOT EXEMPT. Sections | ||
375.161 and 375.164, Local Government Code, do not apply to the | ||
district. | ||
Sec. 3947.256. 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. 3947.257. 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. 3947.301. 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. 3947.302. 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 3947.304. | ||
Sec. 3947.303. 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. 3947.304. 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. | ||
Sec. 3947.305. NO DISSOLUTION BY PETITION. Section | ||
375.262, Local Government Code, does not apply to the district. | ||
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. |