86(R) SB 2445 - Enrolled version

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	S.B. No. 2445

AN ACT

relating to the creation of the New Park Municipal Management

District; providing authority to issue bonds; providing authority

to impose assessments and 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 3966 to read as follows:

CHAPTER 3966. NEW PARK MUNICIPAL MANAGEMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3966.0101. 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 New Park Municipal Management

District.

(5) "Exempt property" means property owned by a

governmental entity, including the city.

Sec. 3966.0102. NATURE OF DISTRICT. The New Park Municipal

Management District is a special district created under Section 59,

Article XVI, Texas Constitution.

Sec. 3966.0103. 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.

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. 3966.0104. 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.

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. 3966.0105. 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

(4) legality or operation.

Sec. 3966.0106. 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. 3966.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec. 3966.0108. 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. 3966.0201. 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.

exercise the powers of the board.

Sec. 3966.0202. 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.

matter before the board.

(d) An ex officio director is not counted as a director for

purposes of establishing a quorum.

Sec. 3966.0203. 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. 3966.0204. 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.

to reimbursement for necessary and reasonable expenses incurred in

carrying out the duties and responsibilities of the board.

Sec. 3966.0205. INITIAL DIRECTORS. (a) The initial board

consists of the following directors:

Pos. No.

Name of Director

Edward Cox

Rodney Haire

Cami Hobbs

Varvara K. Brown

Nick Wohr

(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. 3966.0301. 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 3966.0302 is approved by the city and executed by the

parties to the agreement.

Sec. 3966.0302. 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. 3966.0303. 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).

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. 3966.0304. 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.

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. 3966.0305. 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. 3966.0306. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.

The district, with the consent of the governing body of the city by

resolution, 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. 3966.0307. ECONOMIC DEVELOPMENT PROGRAMS. (a) The

district, with the consent of the governing body of the city by

resolution, 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.

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. 3966.0308. 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.

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. 3966.0309. 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. 3966.0310. 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. 3966.0311. EXEMPT PROPERTY. The district may not

impose an assessment, fee, tax, or other charge on an exempt

property.

Sec. 3966.0312. 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. 3966.0313. NO AD VALOREM TAX. The district may not

impose an ad valorem tax.

Sec. 3966.0314. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

SUBCHAPTER D. ASSESSMENTS

Sec. 3966.0401. 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. 3966.0402. 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.

resolution imposing the assessment until the date the assessment is

paid. The board may enforce the lien in the same manner that a

taxing unit, as that term is defined by Section 1.04, Tax Code, 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. BONDS

Sec. 3966.0501. 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 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. 3966.0502. BONDS SECURED BY REVENUE OR CONTRACT

PAYMENTS. The district may issue, without an election, bonds

secured by:

(1) revenue, including contract revenues; or

(2) contract payments, provided that the requirements

of Section 49.108, Water Code, have been met.

Sec. 3966.0503. 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 assessments, issued by public or private sale, in the

manner provided by Subchapter A, Chapter 372, Local Government

Code.

Sec. 3966.0504. CONSENT OF MUNICIPALITY REQUIRED. (a) The

board may not issue bonds 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.

SUBCHAPTER I. DISSOLUTION

Sec. 3966.0901. 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.

(1) the development agreement has been executed; and

(2) the district's performance under the agreement has

been fulfilled, including any right or obligation the district has

to reimburse a developer or owner for the costs of an improvement

project.

(d) If the district is dissolved, the board shall transfer

ownership of all district property to the city.

(e) The district may not be dissolved 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.

(f) Subchapter M, Chapter 375, Local Government Code, does

not apply to the district.

SECTION 2. The New Park Municipal Management District

initially includes all territory contained in the following area:

TRACT 1:

BEING a tract of land situated in the John Grigsby Survey, Abstract

No. 495, City of Dallas, Dallas County, Texas, and being the same

tract of land conveyed to Janice C. Pastor and Stanley Pastor,

Co-Trustees of the Janice C. Pastor 1995 Revocable Trust recorded

in Volume 98035, Page 01773, Deed Records, Dallas County, Texas and

being the same tract of land conveyed to Janice C. Pastor and

Constance C. Tolmas by probate recorded in Probate No. 89-3123,

Probate Minutes, Dallas County, Texas, and being more particularly

described by metes and bounds as follows:

Beginning at an "x" cut set in concrete at the intersection of the

South right-of-way line of Marilla Street (53 foot right- of-way)

and the East right-of-way line of S. Ervay Street (variable width

right-of-way);

Thence North 75 degrees 00 minutes 00 seconds East, along the

Southeast right-of-way line of said Marilla Street, a distance of

185.86 feet to a 1 inch iron pipe found at the West corner of a tract

of land conveyed to Dallas Power & Light Company recorded in Volume

3343, Page 598, Deed Records, Dallas County, Texas;

Thence South 44 degrees 37 minutes 15 seconds East, along the

Southwest property line of said Dallas Power & Light Company tract,

a distance of 42.40 feet to a P.K. nail set at the North corner of a

tract of land conveyed to Dallas Power & Light Company by deed

recorded in Volume 3352, Page 287, Deed Records, Dallas County,

Texas;

Thence South 45 degrees 29 minutes 32 seconds West, along the

Northwest property line of said Dallas Power & Light Company

(Volume 3352, Page 287) tract, passing the North corner of a tract

of land conveyed to Dallas Power & Light Company by deed recorded in

Volume 3320, Page 488, Deed Records, Dallas County, Texas, at a

distance of 8.67 feet and continuing along the Northwest property

line of said Dallas Power & Light Company (Volume 3320, Page 488)

tract, for a total distance of 193.67 feet to an "X" cut set in

concrete in the Northeast right-of-way line of said S. Ervay

Street;

Thence North 44 degrees 18 minutes 25 seconds West, along the

Northeast right-of-way line of said S. Ervay Street, a distance of

47.50 feet to an "X" cut set in concrete for corner;

Thence North 28 degrees 52 minutes 46 seconds West, and continuing

along the Northeast right-of-way line of said S. Ervay Street, a

distance of 50.91 feet to an "X" cut set in concrete for corner;

Thence North 18 degrees 52 minutes 07 seconds West, and continuing

along the East right-of-way line of said S. Ervay Street, a distance

of 41.50 feet to the Point of Beginning and containing 17,324.67

square feet or 0.3977 acres of land.

TRACT 2:

Being all of Lots 6, 7 and 8 and a portion of Lots 1, 2, 3, in Block

2/102 of Browder's Addition, an Addition to the City of Dallas,

Dallas County, Texas, according to the map thereof recorded in

Volume U, Page 492, Real Property Records, Dallas County, Texas,

and being the same tracts of land conveyed to Dallas Power & Light

Company, a Texas corporation, by deeds recorded in Volume 3301,

Page 165, Volume 3320, Page 488, Volume 3343, Page 598 and Volume

3352, Page 287, Deed Records, Dallas County, Texas, and being more

particularly described as follows:

BEGINNING at a monument found for corner, said corner being in the

Northwest line of Canton Street (66 foot right-of-way) and being

the South corner of a tract of land conveyed to City of Dallas, by

deed recorded in Volume 87165, Page 4821, Deed Records, Dallas

County, Texas;

THENCE South 45 degrees 32 minutes 35 seconds West, along the

Northwest line of said Canton Street, a distance of 288.00 feet to

an "X" found in concrete for corner, said corner being in the

intersection of the Northwest line of said Canton Street and the

Northeast line of S. Ervay Street (variable width right-of-way);

THENCE North 44 degrees 18 minutes 25 seconds West, along the

Northeast line of said S. Ervay Street, a distance of 221.50 feet to

an "X" found in concrete for corner, said corner being the South

corner of a tract of land conveyed to 702 S. Ervay, L.P., by deed

recorded in Volume 2003099, Page 3909, Deed Records, Dallas County,

Texas;

THENCE North 45 degrees 29 minutes 32 seconds East, along the

Southeast line of said 702 S. Ervay tract, a distance of 193.67 feet

to a 5/8 inch iron rod found for corner;

THENCE North 44 degrees 37 minutes 15 seconds West, along the

Northeast line of said 702 S. Ervay tract, a distance of 42.40 feet

to a 3/4 inch iron pipe found for corner, said corner being in the

Southeast line of Marilla Street (53 foot right-of-way);

THENCE North 75 degrees 00 minutes 00 seconds East, along the

Southeast line of said Marilla Street, a distance of 107.57 feet to

a 60D nail found for corner, said corner being the West corner of

said City of Dallas tract;

THENCE South 44 degrees 30 minutes 42 seconds East, along the

Southwest line of said City of Dallas tract, a distance of 211.17

feet to the POINT OF BEGINNING and containing 65,228 square feet or

1.50 acre tract of land.

TRACT 3:

BEING a 7,725 square feet or a 0.177 acre tract of land situated in

the John Grigsby Survey, Abstract No. 495, Dallas County, said

tract being part of City Block 83-1/4, and being all of a tract of

land conveyed to the heirs and devisees under the Estate of Edna

Kahn Flaxman; Betty Kahn Dreyfus and Alan Linz Kahn by Probate

#PR-66-02038-A-CO-DC, and being more particularly described as

follows:

BEGINNING at a found PK nail for a corner in the southwest line of

Browder Street (a 58 foot right of way), said point being N 45°00'00"

W, a distance of 82.00 feet from the intersection of the southwest

line of Browder Street with the northwest line of Cadiz Street (a 60

foot right of way), said point being the north corner of a called

11,200 square feet tract of land conveyed to Paul K. and Colleen F.

Tyler by deed recorded in Volume 97183, Page 5144, Deed Records of

Dallas County, Texas;

THENCE, S 45°21'00" W, departing the southwest line of Browder

Street, a distance of 136.54 feet to a point or a corner in the

northeast line of a 10 foot Alley right of way;

THENCE, N 45°18'10" W, with the northeast line of the said Alley

right of way, a distance of 50.85 feet to a point for a corner, said

point being the most westerly corner of the herein described tract

and the most southerly corner of a called 8,296 square feet tract

land described in deed to City Park A Lot, L.P. as recorded in

Instrument Number 20070146779, Official Public Records of Dallas

County, Texas;

THENCE, N 45°00'00" E, departing the northeast line of the said

Alley right of way, a distance of 16.77 feet to a point for a corner;

THENCE, N 45°00'00" W, a distance of 6.00 feet to a point for a

corner;

THENCE, N 45°00'00" E, a distance of 120.00 feet to a point for a

corner in the southwest line of Browder Street;

THENCE, S 45°00'00" E, with the southwest line of Browder Street, a

distance of 57.68 feet to the Point of Beginning.

TRACT 4:

BEING a 106,266 square feet or a 2.4395 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 through 8,

Block 6/89 1/2 of Browder's Addition, an addition to the City of

Dallas, Dallas County, Texas according to the map thereof recorded

in Volume U, Page 492, Deed Records of Dallas County, Texas, said

tract conveyed to C. P. Canton/Patterson Street Limited Partnership

by deed recorded in Volume 94222, Page 2920, Deed Records of Dallas

County, Texas, and being more particularly described as follows:

BEGINNING at a found 1/2 inch iron rod for a corner at the

intersection of the northeast line of Browder Street (a 58 foot

right of way) with the southeast line of Canton Street (a 66 foot

right of way), said point being the west corner of said Lot 1, Block

6/89 1/2;

THENCE, N 45°14'00" E, with the southeast line of Canton Street, a

distance of 398.00 feet to a set punch mark on a metal plate for a

corner at the intersection of the southeast line of Canton Street

with the southwest lie of South Ervay Street (a 60 foot right of

way, said point being the north corner of said Lot 4, Block 6/89

1/2;

THENCE, S 44°46'00" E, with the southwest line of South Ervay

Street, a distance of 267.00 feet to a set "crows foot" cut on

concrete pavement for a corner at the intersection of the southwest

line of South Ervay Street with the northwest line of Cadiz Street

(a 66 foot right of way), said point being the east corner of said

Lot 5, Block 6/89 1/2;

THENCE, S 45°14'00" W, with the northwest line of Cadiz Street, a

distance of 398.00 feet to a found "x" cut on concrete pavement for

a corner at the intersection of the northwest line of Cadiz Street

with the northeast line of Browder Street, said point being the

south corner of said Lot 8, Block 6/89 1/2;

THENCE, N 44°46'00" W, with the northeast line of Browder Street, a

distance of 267.00 feet to the Point of Beginning.

TRACT 5:

BEING a 102,929 square feet or a 2.3629 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 through 8,

Block 5/103 of Browder's Addition, an addition to the City of

Dallas, Dallas County, Texas according to the map thereof recorded

in Volume U, Page 492, Deed Records of Dallas County, Texas, said

tract conveyed to C. P. Canton/Patterson Street Limited Partnership

by deed recorded in Volume 94183, Page 450, Deed Records of Dallas

County, Texas, and being more particularly described as follows:

BEGINNING at a set "v" cut on concrete pavement for a corner at the

intersection of the northeast line of South Ervay Street (a 66 foot

right of way) with the southeast line of Canton Street (a 66 foot

right of way), said point being the west corner of said Lot 1, Block

5/103;

THENCE, N 45°14'00" E, with the southeast line of Canton Street, a

distance of 385.50 feet to a found "x" cut on concrete pavement for

a corner at the intersection of the southeast line of Canton Street

with the southwest lie of St. Paul Street (a 66 foot right of way,

said point being the north corner of said Lot 4, Block 5/103;

THENCE, S 44°46'00" E, with the southwest line of St. Paul Street, a

distance of 267.00 feet to a found PK nail for a corner at the

intersection of the southwest line of St. Paul Street with the

northwest line of Cadiz Street (a 60 foot right of way), said point

being the east corner of said Lot 5, Block 5/103;

THENCE, S 45°14'00" W, with the northwest line of Cadiz Street, a

distance of 385.50 feet to a set "crows foot" cut on concrete

pavement for a corner at the intersection of the northwest line of

Cadiz Street with the northeast line of South Ervay Street, said

point being the south corner of said Lot 8, Block 5/103;

THENCE, N 44°46'00" W, with the northeast line of South Ervay

Street, a distance of 267.00 feet to the Point of Beginning.

TRACT 6:

Being 806 & 810 South St. Paul, 1808 Canton and 1809-1811 Cadiz

Street in the City of Dallas and being all of Lots 1, 7 and 8 and

part of Lot 2, Block 4/112 of Browder's Addition, an addition to the

City of Dallas, Texas according to the plat thereof recorded in

Volume U, Page 492, Deed Records, Dallas County, Texas and being

more particularly described as follows:

Beginning at a capped 1/2 inch iron rod set at the intersection of

the Northeast line of South St. Paul Street and the Northwest line

of Cadiz Street at the South corner of Lot 8, Block 4/112;

Thence N 45°05'36" W along the Northeast line of South St. Paul

Street, at 0.7 feet, passing a building corner, at 101.78 feet

passing another building corner, at 132.26 feet passing a 1/2 inch

iron pipe found at the West corner of Lot 8, same being the South

corner of Lot 1, in all a total distance of 267.17 feet to an X cut

found at the west corner of Lot 1 at the intersection with the

Southeast line of Canton Street;

Thence N 44°45'11" E along the said Southeast line of Canton Street,

at 92.98 feet passing a building corner at the North corner of Lot

1, same being the West corner of Lot 2, at 132.98 feet passing a

building corner in all a total distance of 142.98 feet to a 1/2"

iron pipe found for corner at the West corner of a tract conveyed to

Salamander Group LLC, by deed as recorded under Clerk's

#201300206750 in the Official Public Records of Dallas County,

Texas;

Thence S 45°29'10" E along the said Southwest line of the Salamander

Group tract, a distance of 133.18 feet to a fence corner post found

in the Northwest line of Lot 7, block 4/112;

Thence N 44°03'55" E along the said Northwest line of Lot 7, and the

Southeast line of the said Salamander Group tract, a distance of

44.00 feet to a 1/2" iron pipe found at the North corner of Lot 7,

same being the West corner of Lot 6 at the most Southerly Southwest

corner of a tract conveyed to Mintex Development LLC, by deed as

recorded under Clerk's #20075044996, Official Public Records,

Dallas County, Texas;

Thence S 45°08'32" E along the said Southwest line of the Mintex

Development tract, a distance of 135.33 feet to a capped 1/2" iron

rod set at the East corner of Lot 7 in the Northwest line of Cadiz

Street;

Thence S 45°00'00" W along the said Northwest line of Cadiz Street

same being the Southeast line of Lot 7, at 94.00 feet passing a 1/2

inch iron pipe found at the South corner of Lot 7, same being the

East corner of Lot 8, at 114.52 feet passing a building corner, at

171.95 feet passing another building corner, in all a total

distance of 188.00 feet to the Place of Beginning and containing

44,371.8 square feet or 1.02 acres of calculated land.

TRACT 7:

BEING a 0.183 acres tract of land situated in the John Grigsby

Survey, Abstract No. 495, in the City of Dallas, Dallas County,

Texas, being a portion of City Block 122, being that same tract of

land described in deed to Steven J. Rodgers, Steven Rodgers

Trustee, recorded in Instrument Number 201700099097, of the Deed

Records of Dallas County, Texas and being more particularly

described by metes and bounds as follows:

BEGINNING at a nail with washer found for the common corner of said

Rodgers tract, and a called 0.5200 acre tract of land described in a

deed to Sam Harrington, recorded in Volume 92189, Page 0467, Deed

Records, Dallas County, Texas, and being in the southerly

right-of-way line of S Harwood Street (a variable width public

right-of-way);

THENCE S 44'48'29" W, along the common line between said Rodgers

tract, and said called 0.5200 acre tract, a distance of 150.00 feet

to an "X" cut in concrete found for the common corner of said

Rodgers tract, and said called 0.5200 acre tract, and being in the

north line of a tract of land described in a deed to Sam Harrington

recorded in Volume 78044, Page 3901, Deed Records, Dallas County,

Texas;

THENCE N 45'18'16" W, along the common line between said Rodgers

tract, and said Harrington tract, a distance of 52.99 feet to an "X"

cut in concrete found for the common corner of said Rodgers tract,

and said Harington tract, and being in the easterly right-of-way

line of Saint Louis Street (a 66 foot wide public right-of-way);

THENCE N 44'48'29" E, along the west line of said Rodgers tract, and

along the easterly right-of-way line of said Saint Louis Street, a

distance of 150.00 feet to an "X" cut in concrete set for the

northwest corner of said Rodgers tract, and being the southeast

right-of-way line of said Saint Louis Street, and said S Harwood

Street;

THENCE S 45'18'16" E, along the northerly line of said Rodgers

tract, and along the southerly right-of-way line of said S. Harwood

Street, a distance of 52.99 feet to the POINT OF BEGINNING and

containing 7,948 square feet or 0.183 acres of land more or less.

TRACT 8:

Being a tract of land situated in the J. Grigsby Survey, Abstract

No. 495, being a part of Block 122 of the City of Dallas, Dallas

County, Texas, being those tracts of land conveyed to Sam

Harrington, by deeds recorded in Volume 92189, Page 467, Vol.

76148, Pg. 815, Vol. 80013, Pg. 3319 Vol. 78044, Page 3901, Vol.

78044, Pg. 3817, Deed Records, Dallas County, Texas and, Official

Public Records, Dallas County, Texas and being more particularly

described by metes and bounds as follows:

BEGINNING at a "X" found for corner, said corner being the West

corner of that tract of land conveyed to Steven Rodgers, Trustee of

the Steven J. Rodgers Trust, a trust organized under the laws of the

State of Texas and a Successor to the Doris Rodgers Children's

Trust, by deed recorded in Instrument Number 201700099097, Official

Public Records, Dallas County, Texas and being in the Southeast

line of St. Louis Street (66 foot right-of-way);

THENCE South 45 degrees 45 minutes 44 seconds East, along the

Southwest line of said Steven Rodgers tract, a distance of 53.10

feet to a point for corner, said corner being the South corner of

said Steven Rodgers tract, from which a "X" found bears South 45

degrees 45 minutes 47 seconds East, a distance of 0.51 feet for

witness;

THENCE North 44 degrees 45 minutes 33 seconds East, along the

Southeast line of said Steven Rodgers tract, a distance of 150.20

feet to a point for corner, said corner being the East corner of

said Steven Rodgers tract and being in the Southwest line of S.

Hardwood Street (public right-of-way), from which a 50d nail found

bears South 45 degrees 15 minutes 38 seconds West, a distance of

0.62 feet for witness;

THENCE South 45 degrees 45 minutes 44 seconds East, along the said

Southwest line of S. Hardwood Street a distance of 302.75 feet to a

point for corner, said corner being in the Northwest line of E. R.L.

Thornton Freeway (variable width right-of-way);

THENCE along the Southwest line the following bearing and distances

along the Northwest line of said E. R.L. Thornton Freeway:

South 44 degrees 50 minutes 52 seconds West, a distance of 67.50

feet to a TX Dot monument found for corner;

South 88 degrees 33 minutes 21 seconds West, a distance of 73.38

feet to a point for corner;

South 86 degrees 57 minutes 33 seconds West, a distance of 74.17

feet to a TX Dot monument found for corner;

South 76 degrees 11 minutes 37 seconds West, a distance of 205.42

feet to a point for corner, said corner being in the Northeast line

of Park Avenue (public right-of-way);

THENCE North 45 degrees 34 minutes 00 seconds West, along the said

Northeast line of Park Avenue, a distance of 148.00 feet to a point

for corner, said corner being in the Southeast line of aforesaid

St. Louis Street;

THENCE North 44 degrees 45 minutes 33 seconds East, along the

Southeast line of said St. Louis Street, a distance of 198.08 feet

to the POINT OF BEGINNING and containing 83,737 square feet or 1.92

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.

its recommendations relating to this Act with the governor,

lieutenant governor, and speaker of the house of representatives

within the required time.

(d) All requirements of the constitution and laws of this

state and the rules and procedures of the legislature with respect

to the notice, introduction, and passage of this Act have been

fulfilled and accomplished.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2019.

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 2445 passed the Senate on

May 8, 2019, by the following vote: Yeas 30, Nays 1.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 2445 passed the House on

May 22, 2019, by the following vote: Yeas 118, Nays 26, two

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor