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AN ACT
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relating to the creation of the New Park Municipal Management |
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District; providing authority to issue bonds; providing authority |
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to impose assessments and fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3966 to read as follows: |
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CHAPTER 3966. NEW PARK MUNICIPAL MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3966.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Dallas. |
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(3) "Director" means a board member. |
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(4) "District" means the New Park Municipal Management |
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District. |
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(5) "Exempt property" means property owned by a |
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governmental entity, including the city. |
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Sec. 3966.0102. NATURE OF DISTRICT. The New Park Municipal |
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Management District is a special district created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 3966.0103. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. |
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(b) By creating the district and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(c) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(d) This chapter and the creation of the district may not be |
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interpreted to relieve the city from providing the level of |
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services provided as of the effective date of the Act enacting this |
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chapter to the area in the district. The district is created to |
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supplement and not to supplant city services provided in the |
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district. |
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Sec. 3966.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) All land and other property included in the district will |
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benefit from the improvements and services to be provided by the |
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district under powers conferred by Sections 52 and 52-a, Article |
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III, and Section 59, Article XVI, Texas Constitution, and other |
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powers granted under this chapter. |
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(b) The district is created to serve a public use and |
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benefit. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3966.0105. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bonds for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bonds; |
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(3) right to impose or collect an assessment; or |
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(4) legality or operation. |
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Sec. 3966.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; or |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code. |
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Sec. 3966.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3966.0108. CONSTRUCTION OF CHAPTER. This chapter |
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shall be liberally construed in conformity with the findings and |
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purposes stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3966.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors who serve staggered |
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terms of four years. |
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(b) Directors are elected in the manner provided by |
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Subchapter D, Chapter 49, Water Code. |
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(c) The board may not create an executive committee to |
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exercise the powers of the board. |
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Sec. 3966.0202. EX OFFICIO DIRECTORS. (a) The city |
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manager, city auditor, and city attorney serve as nonvoting ex |
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officio directors. |
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(b) The city manager, city auditor, or city attorney may |
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appoint a designee to serve as an ex officio director in place of |
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that person. |
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(c) An ex officio director is entitled to speak on any |
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matter before the board. |
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(d) An ex officio director is not counted as a director for |
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purposes of establishing a quorum. |
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Sec. 3966.0203. MEETINGS; NOTICE. (a) The board shall |
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hold meetings at a place accessible to the public. |
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(b) The board must post notice of each meeting with the city |
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secretary not later than 72 hours before the scheduled time of the |
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meeting. |
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Sec. 3966.0204. COMPENSATION; EXPENSES. (a) The district |
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may compensate each voting director in an amount not to exceed $150 |
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for each board meeting. The total amount of compensation for each |
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director in one year may not exceed $7,200. |
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(b) An ex officio director is not entitled to receive |
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compensation from the district. |
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(c) A voting director or an ex officio director is entitled |
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to reimbursement for necessary and reasonable expenses incurred in |
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carrying out the duties and responsibilities of the board. |
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Sec. 3966.0205. INITIAL DIRECTORS. (a) The initial board |
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consists of the following directors: |
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Pos. No. |
Name of Director |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one through three expire June 1, 2021, and |
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the terms of directors appointed for positions four and five expire |
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June 1, 2023. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3966.0301. GENERAL POWERS AND DUTIES. (a) The |
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district has the powers and duties necessary to accomplish the |
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purposes for which the district is created. |
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(b) The board may not take any action or exercise any power |
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granted under this chapter other than to hold an initial |
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organizational meeting until the development agreement described |
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by Section 3966.0302 is approved by the city and executed by the |
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parties to the agreement. |
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Sec. 3966.0302. DEVELOPMENT AGREEMENT. (a) The city, the |
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district, and any other entities the city determines are necessary |
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to the agreement may execute a development agreement if approved by |
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the city. |
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(b) This chapter expires on the fourth anniversary of the |
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effective date of the Act enacting this chapter if the development |
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agreement under Subsection (a) is not executed before that date. |
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Sec. 3966.0303. IMPROVEMENT PROJECTS AND SERVICES. |
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(a) The district, using any money available to the district for |
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the purpose, may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service authorized under this chapter or Chapter 375, Local |
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Government Code. |
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(b) The district may contract with a governmental or private |
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entity to carry out an action under Subsection (a). |
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(c) The implementation of a district project or service is a |
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governmental function or service for the purposes of Chapter 791, |
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Government Code. |
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(d) A district improvement project or service must comply |
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with: |
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(1) the city charter and any city zoning and |
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subdivision requirements; and |
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(2) city codes and ordinances. |
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(e) The district may not provide, conduct, or authorize an |
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improvement project on any street, highway, right-of-way, or |
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easement owned or controlled by the city unless the governing body |
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of the city by resolution consents to the improvement. |
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Sec. 3966.0304. NONPROFIT CORPORATION. (a) The board by |
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resolution may, with the consent of the governing body of the city |
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by resolution, authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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(d) The board of the nonprofit corporation shall hold |
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meetings at a place accessible to the public. |
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(e) The board of the nonprofit corporation must post notice |
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of each meeting with the city secretary not later than 72 hours |
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before the scheduled time of the meeting. |
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Sec. 3966.0305. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, with the consent of the governing body of the city |
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by resolution, the district may contract with a qualified party, |
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including the city, to provide law enforcement services in the |
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district for a fee. |
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Sec. 3966.0306. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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The district, with the consent of the governing body of the city by |
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resolution, may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3966.0307. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district, with the consent of the governing body of the city by |
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resolution, may engage in activities that accomplish the economic |
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development purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers provided to |
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municipalities by: |
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(1) Chapter 380, Local Government Code; and |
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(2) Subchapter A, Chapter 1509, Government Code. |
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Sec. 3966.0308. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The district's parking facilities are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3966.0309. ADDING OR EXCLUDING LAND. With the consent |
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of the governing body of the city by resolution, the district may |
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add or exclude land in the manner provided by Subchapter J, Chapter |
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49, Water Code, or by Subchapter H, Chapter 54, Water Code. |
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Sec. 3966.0310. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of district money. |
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Sec. 3966.0311. EXEMPT PROPERTY. The district may not |
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impose an assessment, fee, tax, or other charge on an exempt |
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property. |
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Sec. 3966.0312. CERTAIN RESIDENTIAL PROPERTY. |
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(a) Section 375.161, Local Government Code, does not apply to the |
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district. |
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(b) Notwithstanding Subsection (a), the district may not |
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impose an assessment on property if the owner qualifies the |
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property for a homestead exemption under Section 11.13, Tax Code: |
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(1) for the tax year in which the Act enacting this |
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chapter takes effect; or |
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(2) for the tax year in which the assessment is |
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imposed. |
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Sec. 3966.0313. NO AD VALOREM TAX. The district may not |
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impose an ad valorem tax. |
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Sec. 3966.0314. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. ASSESSMENTS |
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Sec. 3966.0401. PETITION REQUIRED FOR FINANCING SERVICES |
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AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance |
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a service or improvement project with assessments under this |
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chapter unless a written petition requesting that service or |
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improvement has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for the county. |
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Sec. 3966.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. |
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(a) The board by resolution may impose and collect an assessment |
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for any purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than: |
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(A) a lien or claim for county, school district, |
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or municipal ad valorem taxes; or |
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(B) a lien filed by the city or securing an |
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obligation owed to the city; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that a |
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taxing unit, as that term is defined by Section 1.04, Tax Code, may |
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enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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SUBCHAPTER E. BONDS |
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Sec. 3966.0501. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
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terms determined by the board. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from assessments, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources of money, to pay for any authorized |
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district purpose. |
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Sec. 3966.0502. BONDS SECURED BY REVENUE OR CONTRACT |
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PAYMENTS. The district may issue, without an election, bonds |
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secured by: |
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(1) revenue, including contract revenues; or |
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(2) contract payments, provided that the requirements |
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of Section 49.108, Water Code, have been met. |
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Sec. 3966.0503. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT |
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UNDER AGREEMENT. If the improvements financed by an obligation |
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will be conveyed to or operated and maintained by a municipality or |
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retail utility provider pursuant to an agreement between the |
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district and the municipality or retail utility provider entered |
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into before the issuance of the obligation, the obligation may be in |
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the form of bonds, notes, or other obligations payable wholly or |
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partly from assessments, issued by public or private sale, in the |
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manner provided by Subchapter A, Chapter 372, Local Government |
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Code. |
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Sec. 3966.0504. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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board may not issue bonds until each municipality in whose |
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corporate limits or extraterritorial jurisdiction the district is |
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located has consented by ordinance or resolution to the creation of |
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the district and to the inclusion of land in the district. |
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(b) This section applies only to the district's first |
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issuance of bonds. |
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SUBCHAPTER I. DISSOLUTION |
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Sec. 3966.0901. DISSOLUTION. (a) The board shall dissolve |
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the district on written petition filed with the board by the owners |
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of: |
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(1) 66 percent or more of the assessed value of the |
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property subject to assessment by the district based on the most |
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recent certified county property tax rolls; or |
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(2) 66 percent or more of the surface area of the |
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district, excluding roads, streets, highways, utility |
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rights-of-way, other public areas, and other property exempt from |
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assessment by the district according to the most recent certified |
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county property tax rolls. |
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(b) The board by majority vote may dissolve the district at |
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any time. |
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(c) The city may dissolve the district at any time if: |
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(1) the development agreement has been executed; and |
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(2) the district's performance under the agreement has |
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been fulfilled, including any right or obligation the district has |
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to reimburse a developer or owner for the costs of an improvement |
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project. |
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(d) If the district is dissolved, the board shall transfer |
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ownership of all district property to the city. |
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(e) The district may not be dissolved if the district: |
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(1) has any outstanding debt until that debt has been |
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repaid or defeased in accordance with the order or resolution |
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authorizing the issuance of the debt; |
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(2) has a contractual obligation to pay money until |
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that obligation has been fully paid in accordance with the |
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contract; or |
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(3) owns, operates, or maintains public works, |
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facilities, or improvements unless the district contracts with |
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another person for the ownership and operation or maintenance of |
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the public works, facilities, or improvements. |
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(f) Subchapter M, Chapter 375, Local Government Code, does |
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not apply to the district. |
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SECTION 2. The New Park Municipal Management District |
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initially includes all territory contained in the following area: |
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TRACT 1: |
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BEING a tract of land situated in the John Grigsby Survey, Abstract |
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No. 495, City of Dallas, Dallas County, Texas, and being the same |
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tract of land conveyed to Janice C. Pastor and Stanley Pastor, |
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Co-Trustees of the Janice C. Pastor 1995 Revocable Trust recorded |
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in Volume 98035, Page 01773, Deed Records, Dallas County, Texas and |
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being the same tract of land conveyed to Janice C. Pastor and |
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Constance C. Tolmas by probate recorded in Probate No. 89-3123, |
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Probate Minutes, Dallas County, Texas, and being more particularly |
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described by metes and bounds as follows: |
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Beginning at an "x" cut set in concrete at the intersection of the |
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South right-of-way line of Marilla Street (53 foot right- of-way) |
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and the East right-of-way line of S. Ervay Street (variable width |
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right-of-way); |
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Thence North 75 degrees 00 minutes 00 seconds East, along the |
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Southeast right-of-way line of said Marilla Street, a distance of |
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185.86 feet to a 1 inch iron pipe found at the West corner of a tract |
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of land conveyed to Dallas Power & Light Company recorded in Volume |
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3343, Page 598, Deed Records, Dallas County, Texas; |
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Thence South 44 degrees 37 minutes 15 seconds East, along the |
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Southwest property line of said Dallas Power & Light Company tract, |
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a distance of 42.40 feet to a P.K. nail set at the North corner of a |
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tract of land conveyed to Dallas Power & Light Company by deed |
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recorded in Volume 3352, Page 287, Deed Records, Dallas County, |
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Texas; |
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Thence South 45 degrees 29 minutes 32 seconds West, along the |
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Northwest property line of said Dallas Power & Light Company |
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(Volume 3352, Page 287) tract, passing the North corner of a tract |
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of land conveyed to Dallas Power & Light Company by deed recorded in |
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Volume 3320, Page 488, Deed Records, Dallas County, Texas, at a |
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distance of 8.67 feet and continuing along the Northwest property |
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line of said Dallas Power & Light Company (Volume 3320, Page 488) |
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tract, for a total distance of 193.67 feet to an "X" cut set in |
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concrete in the Northeast right-of-way line of said S. Ervay |
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Street; |
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Thence North 44 degrees 18 minutes 25 seconds West, along the |
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Northeast right-of-way line of said S. Ervay Street, a distance of |
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47.50 feet to an "X" cut set in concrete for corner; |
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Thence North 28 degrees 52 minutes 46 seconds West, and continuing |
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along the Northeast right-of-way line of said S. Ervay Street, a |
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distance of 50.91 feet to an "X" cut set in concrete for corner; |
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Thence North 18 degrees 52 minutes 07 seconds West, and continuing |
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along the East right-of-way line of said S. Ervay Street, a distance |
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of 41.50 feet to the Point of Beginning and containing 17,324.67 |
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square feet or 0.3977 acres of land. |
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TRACT 2: |
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Being all of Lots 6, 7 and 8 and a portion of Lots 1, 2, 3, in Block |
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2/102 of Browder's Addition, an Addition to the City of Dallas, |
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Dallas County, Texas, according to the map thereof recorded in |
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Volume U, Page 492, Real Property Records, Dallas County, Texas, |
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and being the same tracts of land conveyed to Dallas Power & Light |
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Company, a Texas corporation, by deeds recorded in Volume 3301, |
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Page 165, Volume 3320, Page 488, Volume 3343, Page 598 and Volume |
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3352, Page 287, Deed Records, Dallas County, Texas, and being more |
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particularly described as follows: |
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BEGINNING at a monument found for corner, said corner being in the |
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Northwest line of Canton Street (66 foot right-of-way) and being |
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the South corner of a tract of land conveyed to City of Dallas, by |
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deed recorded in Volume 87165, Page 4821, Deed Records, Dallas |
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County, Texas; |
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THENCE South 45 degrees 32 minutes 35 seconds West, along the |
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Northwest line of said Canton Street, a distance of 288.00 feet to |
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an "X" found in concrete for corner, said corner being in the |
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intersection of the Northwest line of said Canton Street and the |
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Northeast line of S. Ervay Street (variable width right-of-way); |
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THENCE North 44 degrees 18 minutes 25 seconds West, along the |
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Northeast line of said S. Ervay Street, a distance of 221.50 feet to |
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an "X" found in concrete for corner, said corner being the South |
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corner of a tract of land conveyed to 702 S. Ervay, L.P., by deed |
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recorded in Volume 2003099, Page 3909, Deed Records, Dallas County, |
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Texas; |
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THENCE North 45 degrees 29 minutes 32 seconds East, along the |
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Southeast line of said 702 S. Ervay tract, a distance of 193.67 feet |
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to a 5/8 inch iron rod found for corner; |
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THENCE North 44 degrees 37 minutes 15 seconds West, along the |
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Northeast line of said 702 S. Ervay tract, a distance of 42.40 feet |
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to a 3/4 inch iron pipe found for corner, said corner being in the |
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Southeast line of Marilla Street (53 foot right-of-way); |
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THENCE North 75 degrees 00 minutes 00 seconds East, along the |
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Southeast line of said Marilla Street, a distance of 107.57 feet to |
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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. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act have been |
|
fulfilled and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2019. |
|
|
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I 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 |