Bill Text: TX HB4733 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of the Oak Farms Municipal Management District; providing authority to issue bonds; providing authority to impose assessments and fees.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-06-07 - Effective immediately [HB4733 Detail]

Download: Texas-2019-HB4733-Introduced.html

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86R12672 JCG-F
By: González of Dallas H.B. No. 4733

A BILL TO BE ENTITLED
relating to the creation of the Oak Farms Municipal Management
District; providing authority to issue bonds; providing authority
to impose assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3983 to read as follows:
CHAPTER 3983. OAK FARMS MUNICIPAL MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3983.0101. 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 Oak Farms Municipal
Management District.
Sec. 3983.0102. NATURE OF DISTRICT. The Oak Farms
Municipal Management District is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3983.0103. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) By creating the district and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(c) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, affordable 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. 3983.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) All land and other property included in the district will
benefit from the improvements and services to be provided by the
district under powers conferred by Sections 52 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this chapter.
(b) The district is created to serve a public use and
benefit.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment;
(3) promoting the development of affordable housing;
and
(4) 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;
(4) promote the development of affordable housing in
the district; and
(5) 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. 3983.0105. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3983.0106. 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. 3983.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3983.0108. 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. 3983.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors who serve staggered
terms of four years.
(b) Directors are elected in the manner provided by
Subchapter D, Chapter 49, Water Code.
Sec. 3983.0202. COMPENSATION; EXPENSES. (a) The district
may compensate each 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) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of the board.
Sec. 3983.0203. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Pos. No. Name of Director
1 ____________
2 ____________
3 ____________
4 ____________
5 ____________
(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. 3983.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3983.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
district, using any money available to the district for the
purpose, may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service authorized under this chapter or Chapter 375, Local
Government Code.
(b) The district may contract with a governmental or private
entity to carry out an action under Subsection (a).
(c) The implementation of a district project or service is a
governmental function or service for the purposes of Chapter 791,
Government Code.
Sec. 3983.0303. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3983.0304. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the city, to provide law enforcement services in the
district for a fee.
Sec. 3983.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3983.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may engage in activities that accomplish the economic
development purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3983.0307. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3983.0308. ADDING OR EXCLUDING LAND. 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. 3983.0309. 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. 3983.0310. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. ASSESSMENTS
Sec. 3983.0401. 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. 3983.0402. 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 lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3983.0501. TAX ELECTION REQUIRED. The district must
hold an election in the manner provided by Chapter 49, Water Code,
or, if applicable, Chapter 375, Local Government Code, to obtain
voter approval before the district may impose an ad valorem tax.
Sec. 3983.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 3983.0501, the district may impose an
operation and maintenance tax on taxable property in the district
in the manner provided by Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the operation and maintenance
tax rate. The rate may not exceed the rate approved at the
election.
Sec. 3983.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
terms determined by the board.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
Sec. 3983.0504. BONDS SECURED BY REVENUE OR CONTRACT
PAYMENTS. The district may issue, without an election, bonds
secured by:
(1) revenue other than ad valorem taxes, including
contract revenues; or
(2) contract payments, provided that the requirements
of Section 49.108, Water Code, have been met.
Sec. 3983.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
3983.0501, the district may issue bonds payable from ad valorem
taxes.
(b) Section 375.243, Local Government Code, does not apply
to the district.
(c) At the time the district issues bonds payable wholly or
partly from ad valorem taxes, the board shall provide for the annual
imposition of a continuing direct annual ad valorem tax, without
limit as to rate or amount, for each year that all or part of the
bonds are outstanding as required and in the manner provided by
Sections 54.601 and 54.602, Water Code.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3983.0506. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT
UNDER AGREEMENT. If the improvements financed by an obligation
will be conveyed to or operated and maintained by a municipality or
retail utility provider pursuant to an agreement between the
district and the municipality or retail utility provider entered
into before the issuance of the obligation, the obligation may be in
the form of bonds, notes, or other obligations payable wholly or
partly from assessments, issued by public or private sale, in the
manner provided by Subchapter A, Chapter 372, Local Government
Code.
Sec. 3983.0507. 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 payable from ad valorem taxes.
SUBCHAPTER I. DISSOLUTION
Sec. 3983.0901. DISSOLUTION. (a) The board shall dissolve
the district on written petition filed with the board by the owners
of:
(1) 66 percent or more of the assessed value of the
property subject to assessment by the district based on the most
recent certified county property tax rolls; or
(2) 66 percent or more of the surface area of the
district, excluding roads, streets, highways, utility
rights-of-way, other public areas, and other property exempt from
assessment by the district according to the most recent certified
county property tax rolls.
(b) The board by majority vote may dissolve the district at
any time.
(c) The district may not be dissolved by its board under
Subsection (a) or (b) 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.
(d) Sections 375.261, 375.262, and 375.264, Local
Government Code, do not apply to the district.
SECTION 2. The Oak Farms Municipal Management District
initially includes all territory contained in the following area:
TRACT 1:
DESCRIPTION, of a 35,831 square foot (0.823 acre) tract of land
situated in the Elizabeth Robertson Survey, Abstract No. 1211,
Dallas County, Texas; said tract being part of Block 22, Original
Town of Oak Cliff, an addition to the City of Dallas, Texas
according to the plat recorded in Volume 89, Page 1 of the Deed
Records of Dallas County, Texas, transcribed in Volume 3, Page 516
of the Map Records of Dallas County, Texas: said tract being all of
those certain tracts of land described in Special Warranty Deeds to
IC PROPERTIES, LLC recorded in Instrument No. 201400176345 and
201500053432 both of the Official Public Records of Dallas County,
Texas; said 35,831 square foot (0.823 acre) tract being more
particularly described as follows:
BEGINNING, at a point for corner at the intersection of the south
right-of-way line of Addison Street (a 40-foot wide right-of-way)
and the east right-of-way line of North Marsalis Avenue (a 80-foot
wide right-of-way);
THENCE, South 89 degrees, 56 minutes, 37 seconds East, along the
said south line of Addison Street, a distance of 183.75 feet to a
point for corner at the intersection of said south line of Addison
Street and the west line of a 20-foot wide alley dedicated on said
Original Town of Oak Cliff addition;
THENCE, South 00 degrees, 00 minutes, 33 seconds East, along the
said west line of the 20-foot alley, a distance of 195.00 feet to a
point for corner; said point being the northeast corner of that
certain tract of land described in Special Warranty Deed to Tony L.
Malone recorded in Volume 97108, Page 3191 of said Deed Records;
THENCE, North 89 degrees, 56 minutes, 37 seconds West, departing
the said west line of the 20-foot alley and along the north line of
said Tony L. Malone tract, a distance of 183.75 feet to a point for
corner in the said east line of North Marsalis Avenue; said point
being the northwest corner of said Tony L. Malone tract;
THENCE, North 00 degrees, 00 minutes, 33 seconds West, along the
said east line of North Marsalis Avenue, a distance of 195.00 feet
to the POINT OF BEGINNING;
CONTAINING: 35,831 square feet or 0.823 acres of land, more or less.
TRACT 2:
DESCRIPTION, of a 1.655 acre tract of land situated in the Elizabeth
Robertson Survey, Abstract No. 1211, Dallas County, Texas; said
tract being part of Block 22, Original Town of Oak Cliff, an
addition to the City of Dallas, Texas according to the plat recorded
in Volume 89, Page 1 of the Deed Records of Dallas County, Texas,
transcribed in Volume 3, Page 516 of the Map Records of Dallas
County, Texas: said tract being all of those certain tracts of land
described in Special Warranty Deeds to IC PROPERTIES, LLC recorded
in Instrument No. 201400176705 and 201400164524, 201400177468,
201400176345, 201400186992 all of the Official Public Records of
Dallas County Texas; said 1.655 acre tract being more particularly
described as follows:
BEGINNING, at a point for corner; said point being the north end of
a right-of-way corner clip at the intersection of the west
right-of-way line of North Lancaster Avenue (a 60-foot wide
right-of-way) and the north right-of-way line of East Colorado
Boulevard (a variable width right-of-way);
THENCE, South 45 degrees, 00 minutes, 06 seconds West, along said
corner clip a distance of 14.14 feet to a point for corner on the
said north line of said East Colorado Boulevard;
THENCE, along the said north line of East Colorado Boulevard the
following three (3) calls:
North 89 degrees, 59 minutes, 15 seconds West, a distance of 65.00
feet to a point for corner; said point being an offset in the said
north line on East Colorado Boulevard;
South 00 degrees, 00 minutes, 33 seconds East, along said offset a
distance of 5.00 feet to a point for corner;
North 89 degrees, 59 minutes, 15 seconds West, a distance of 108.75
feet to a point for corner at the intersection of the said north
line of East Colorado Boulevard and the east line of a 20-foot wide
alley dedicated on said Original Town of Oak Cliff addition;
THENCE, North 00 degrees, 00 minutes, 33 seconds West, along the
said east line of the 20-foot alley, a distance of 394.73 feet to a
point for corner at the intersection of the south line of Addison
Street (a 40-foot wide right-of-way) and the said east line of the
20-foot alley;
THENCE, South 89 degrees, 56 minutes, 37 seconds East, along the
said south line of Addison Street, a distance of 183.75 feet to a
point for corner at the intersection of the said west line of North
Lancaster Avenue and the said south line of Addison Street;
THENCE, South 00 degrees, 00 minutes, 33 seconds East, along the
said west line of North Lancaster Avenue, a distance of 379.59 feet
to the POINT OF BEGINNING;
CONTAINING: 72,094 square feet or 1.655 acres of land, more or less.
TRACT 3:
DESCRIPTION, of a 1.884 acre tract of land situated in the Elizabeth
Robertson Survey, Abstract No. 1211, Dallas County, Texas; said
tract being part of Block 35/3016 and 34/3015, Original Town of Oak
Cliff, an addition to the City of Dallas, Texas according to the
plat recorded in Volume 89, Page 1, transcribed to Volume 3, Page
517 of the Deed Records of Dallas County, Texas; said tract also
being all of the certain tract of land described as "Tract 1" in
Special Warranty Deed to IC Properties II, LLC recorded in
Instrument No. 201400254038 of the Official Public Records of
Dallas County, Texas; said 1.884 acre tract being more particularly
described as follows:
BEGINNING, at a point for corner at the south end of a right-of-way
corner clip at the intersection of the west right-of-way line of
R.L. Thornton Freeway (IH 35, a variable width right-of-way) and
the south right-of-way line of Colorado Boulevard (a variable width
right-of-way); said point also being the beginning of a curve to the
left;
THENCE, in a southerly direction departing said corner clip, along
the said west line of R.L. Thornton Freeway and along said curve to
the left, having a central angle of 03 degrees, 45 minutes, 11
seconds, a radius of 1,145.20 feet, a chord bearing and distance of
South 03 degrees, 21 minutes, 13 seconds West, 75.00 feet, an arc
distance of 75.01 feet to a point for corner at the end of said
curve; said point being the northeast corner of that certain tract
of land described as "Tract II" in General Warranty Deed to GRTP,
LTD. recorded in Volume 97039, Page 3052 of said Deed Records;
THENCE, South 88 degrees, 50 minutes, 55 seconds West, departing
the said west line of R.L. Thornton Freeway and along the north line
of said GRTP, LTD. tract, a distance of 53.34 feet to a point for
corner; said point being the northwest corner of said GRTP, LTD.
tract;
THENCE, South 01 degrees, 09 minutes, 05 seconds East, along the
west line of said GRTP, LTD. tract, a distance of 20.00 feet to a
point for corner; said point being the southwest corner of said
GRTP, LTD. tract;
THENCE, North 88 degrees, 50 minutes, 55 seconds East, along the
south line of said GRTP LTD. tract, a distance of 52.60 feet to a
point for corner in the said west line of R.L. Thornton Freeway;
said point being the southeast corner of said GRTP, LTD. tract and
the beginning of a non-tangent curve to the left;
THENCE, in a southerly direction, along said west line of R.L.
Thornton Freeway and along said curve to the left, having a central
angle of 07 degrees, 09 minutes, 20 seconds, a radius of 1,145.20
feet, a chord bearing and distance of South 03 degrees, 06 minutes,
07 seconds East, 142.93 feet, an arc distance of 143.02 feet to a
point for corner at the end of said curve; said point being the
northeast corner of that certain tract of land described as "Tract
1" in Warranty Deed to First Glendora Partners, LTD. recorded in
Instrument No. 201200344081 of said Official Public Records;
THENCE, South 88 degrees, 58 minutes, 13 seconds West, departing
the said west line of R.L. Thornton Freeway and along the north line
of said First Glendora Partners, LTD. tract, a distance of 212.29
feet to a point for corner in the east right-of-way line of
Jefferson Boulevard (a variable width right-of-way); said point
being the northwest corner of said First Glendora Partners, LTD.
tract;
THENCE, along the said east line of Jefferson Boulevard, the
following four (4) calls:
North 24 degrees, 16 minutes, 21 seconds West, a distance of 36.75
feet to a point for corner;
North 01 degrees, 02 minutes, 21 seconds West, a distance of 2.23
feet to a point for corner;
North 22 degrees, 37 minutes, 11 seconds West, a distance of 163.14
feet to a point for corner;
North 24 degrees, 22 minutes, 35 seconds West, a distance of 143.00
feet to a point for corner; said point being the south end of a
right-of-way corner clip at the intersection of said east line of
Jefferson Boulevard and the said south line of Colorado Boulevard;
THENCE, North 34 degrees, 57 minutes, 38 seconds East, along said
corner clip, a distance of 26.31 feet to a point for corner at the
north end of said corner clip; said point being the beginning of a
non-tangent curve to the right;
THENCE, departing the north end of said corner clip and in an
easterly direction along the said south line of Colorado Boulevard,
the following four (4) calls:
Along said curve to the right, having a central angle of 02 degrees,
22 minutes, 48 seconds, a radius of 1,151.00 feet, a chord bearing
and distance of South 84 degrees, 56 minutes, 21 seconds East, 47.81
feet, an arc distance of 47.81 feet to a point for corner at the end
of said curve; said point being the beginning of a non-tangent curve
to the right;
Along said curve, having a central angle of 06 degrees, 41 minutes,
53 seconds, a radius of 1,146.87 feet, a chord bearing and distance
of South 77 degrees, 50 minutes, 41 seconds East, 133.99 feet, an
arc distance of 134.07 feet to a point for corner at the end of said
curve; said point being the beginning of a non-tangent curve to the
right;
Along said curve, having a central angle of 07 degrees, 02 minutes,
08 seconds, a radius of 1,145.00 feet, a chord bearing and distance
of South 73 degrees, 32 minutes, 48 seconds East, 140.51 feet, an
arc distance of 140.60 feet to a point for corner at the end of said
curve;
South 35 degrees, 52 minutes, 56 seconds East, a distance of 30.23
feet to the POINT OF BEGINNING;
CONTAINING: 82,087 square feet or 1.884 acres of land, more or less.
TRACT 4:
DESCRIPTION, of a 8,925 square foot (0.205 acre) tract of land
situated in the Elizabeth Robertson Survey, Abstract No. 1211,
Dallas County, Texas; said tract being part of Lot 5, Block 37,
Original Town of Oak Cliff, an addition to the City of Dallas, Texas
according to the plat recorded in Volume 89, Page 1 of the Deed
Records of Dallas County, Texas, as Transcribed in Volume 3, Page
516 of the Map Records of Dallas County, Texas: said tract being all
of that certain tract of land described in Special Warranty Deed to
IC PROPERTIES, LLC recorded in Instrument No. 201400177829 of the
Official Public Records of Dallas County Texas; said 8,925 square
foot (0.205 acre) tract being more particularly described as
follows:
BEGINNING, at a point for corner; at the north end of a right-of-way
corner clip at the intersection of the east right-of-way line of
North Lancaster Avenue (a 60-foot wide right-of-way) and the south
right-of-way line of Colorado Boulevard (a variable width
right-of-way);
THENCE, South 89 degrees, 59 minutes, 15 seconds East, departing
the said corner clip and along the said south line of Colorado
Boulevard a distance of 162.50 feet to a point for corner at the
intersection of the said south line of Colorado Boulevard and the
west line of a 15-foot wide Alley as dedicated on said Original Town
of Oak Cliff addition;
THENCE, South 00 degrees, 00 minutes, 33 seconds East, along the
said west line of the 15-foot alley, a distance of 50.00 feet to a
point for corner; said point being the northeast corner of that
certain tract of land described in Warranty Deed with Vendor's Lien
to Auto Holding Services, LLC recorded in Instrument
No. 201700302653 of said Official Public Records;
THENCE, North 89 degrees, 59 minutes, 16 seconds West, departing
the said west line of the 15-foot alley and along the north line of
said Auto Holding Services tract, a distance of 182.50 feet to a
point for corner on the said east line of North Lancaster Avenue,
said point being the northwest corner of said Auto Holding Services
tract;
THENCE, along the said east line of North Lancaster Avenue the
following two (2) calls:
North 00 degrees, 00 minutes, 33 seconds West, a distance of 30.00
feet to a point for corner;
North 45 degrees, 00 minutes, 06 seconds East, a distance of 28.28
feet to the POINT OF BEGINNING;
CONTAINING: 8,925 square feet or 0.205 acres of land, more or less.
TRACT 5:
DESCRIPTION, of a 13.995 acre tract of land situated in the
Elizabeth Robertson Survey, Abstract No. 1211, Dallas County,
Texas; said tract being part of Block 25/3006, 26/3007 and 27/3008,
Original Town of Oak Cliff, an addition to the City of Dallas, Texas
according to the plat recorded in Volume 89, Page 1, transcribed to
Volume 3, Page 517 of the Deed Records of Dallas County, Texas; said
tract also being all of the certain tract of land described as
"Tract 2" in Special Warranty Deed to IC Properties II, LLC recorded
in Instrument No. 201400254038 of the Official Public Records of
Dallas County, Texas; said 13.995 acre tract being more
particularly described as follows:
BEGINNING, at a point for corner at the intersection of the east
right-of-way line of Jefferson Boulevard (a variable width
right-of-way) and the north right-of-way line of Colorado Boulevard
(a variable width right-of-way);
THENCE, along the said east line of Jefferson Boulevard the
following two (2) calls:
North 32 degrees, 55 minutes, 20 seconds West, a distance of 54.34
feet to a point for corner; said point being the beginning of a
curve to the right;
In a northerly direction and along said curve to the right, having a
central angle of 42 degrees, 07 minutes, 41 seconds, a radius of
1,382.69 feet, a chord bearing and distance of North 11 degrees, 51
minutes, 30 seconds West, 993.91 feet, an arc distance of 1,016.66
feet to a point for corner at the end of said curve; said point being
in a south line of that certain tract of land described in Deed to
City of Dallas recorded in Volume 74029, Page 777 of said Deed
records;
THENCE, departing the said east line of Jefferson Boulevard and
along the said south line of the City of Dallas tract, the following
three (3) calls:
South 63 degrees, 31 minutes, 11 seconds East, a distance of 56.08
feet to a point for corner; said point being the beginning of a
curve to the right;
In a southeasterly direction and along said curve to the right,
having a central angle of 10 degrees, 28 minutes, 02 seconds, a
radius of 2,649.93 feet, a chord bearing and distance of South 58
degrees, 17 minutes, 10 seconds East, 483.44 feet, an arc distance
of 484.11 feet to a point for corner at the end of said curve;
North 88 degrees, 55 minutes, 20 seconds East, a distance of 383.53
feet to a point for corner; said point being in the west
right-of-way line of Fleming Avenue (a variable width
right-of-way);
THENCE, South 01 degrees, 07 minutes, 04 seconds East, continuing
along said west line of Fleming Avenue, a distance of 335.23 feet to
an angle point in the west right-of-way line of R.L. Thornton
Freeway (IH 35E, a variable width right-of-way);
THENCE, South 29 degrees, 13 minutes, 04 seconds West, along the
said west line of R.L. Thornton Freeway, a distance of 20.93 feet to
a point for corner; said point being the northeast corner of that
certain tract of land described as "Tract I" in General Warranty
Deed to GRTP, LTD. recorded in Volume 97039, Page 3052 of said Deed
Records;
THENCE, North 76 degrees, 20 minutes, 54 seconds West, departing
the said west line of R.L. Thornton Freeway and along the north line
of said GRTP, LTD. tract, a distance of 63.26 feet to a point for
corner; said point being the northwest corner of said GRTP, LTD.
tract;
THENCE, South 09 degrees, 05 minutes, 36 seconds West, along the
west line of said GRTP, LTD. tract, a distance of 29.00 feet to a
point for corner; said point being the southwest corner of said
GRTP, LTD. tract;
THENCE, South 86 degrees, 06 minutes, 29 seconds East, along the
south line of said GRTP, LTD. tract, a distance of 57.06 feet to a
point for corner; said point being in the said west line of R.L.
Thornton Freeway and the southeast corner of said GRTP, LTD. tract;
THENCE, along said west line of R.L. Thornton Freeway, the
following three (3) calls:
South 19 degrees, 19 minutes, 21 seconds West, a distance of 11.29
feet to a point for corner;
South 26 degrees, 05 minutes, 14 seconds West, a distance of 197.95
feet to a point for corner;
South 11 degrees, 26 minutes, 43 seconds West, a distance of 181.65
feet to a point for corner at the intersection of the said west line
of R.L. Thornton Freeway and the said north line of Colorado
Boulevard;
THENCE, along the north line of said Colorado Boulevard, the
following five (5) calls:
South 88 degrees, 55 minutes, 10 seconds West, a distance of 130.76
feet to a point for corner; said point being an offset in the said
north line of Colorado Boulevard;
North 01 degrees, 04 minutes, 50 seconds West, along said offset, a
distance of 4.83 feet to a point for corner;
South 88 degrees, 55 minutes, 10 seconds West, a distance of 320.05
feet to a point for corner; said point being an offset in the said
north line of Colorado Boulevard;
South 32 degrees, 55 minutes, 47 seconds East, along said offset, a
distance of 5.69 feet to a point for corner
South 88 degrees, 55 minutes, 10 seconds West, a distance of 23.78
feet to the POINT OF BEGINNING;
CONTAINING: 609,617 square feet or 13.995 acres of land, more or
less.
TRACT 6:
DESCRIPTION, of a 15.541 acre tract of land situated in the
Elizabeth Robertson Survey, Abstract No. 1211, Dallas County,
Texas; said tract being all of Lot 1B, Block D/3000 of Oak Farms 2,
an addition to the City of Dallas, Texas according to the plat
recorded in Volume 2002237, Page 91 of the Deed Records of Dallas
County, Texas; part of Lots 6, 7, 8, 10 and all of Lot 9 of Block
24/3005 of the Oak Cliff Land Company's Revision of Blocks 23, 24A
and 24B of the Town of Oak Cliff, an addition to the City of Dallas,
Texas according the plat recorded in Volume 250, Page 264 of the
said Deed Records and all of that certain tract of land described in
Special Warranty Deed to CI OPPORTUNITY FUND IV LP, recorded in
Instrument No. 201400111568 of the Official Public Records of
Dallas County, Texas; said 15.541 acre tract being more
particularly described as follows:
BEGINNING, at a point for corner at the intersection of the north
right-of-way line of Addison Street (a 40-foot wide right-of-way)
and the east right-of-way line of North Marsalis Avenue (a 80-foot
wide right-of-way);
THENCE, along the said east line of North Marsalis Avenue the
following six (6) calls:
North 00 degrees, 02 minutes, 40 seconds East, a distance of 299.63
feet to a point for corner;
North 26 degrees, 52 minutes, 33 seconds East, a distance of 67.27
feet to a point for corner;
North 32 degrees, 11 minutes, 30 seconds West, a distance of 10.65
feet to a point for corner;
North 25 degrees, 37 minutes, 45 seconds East, a distance of 211.84
feet to a point for corner;
North 89 degrees, 59 minutes, 26 seconds East, a distance of 9.19
feet to a point for corner; said point being the beginning of a
non-tangent curve to the right;
In a northeasterly direction and along said curve to the right,
having a central angle of 20 degrees, 30 minutes, 10 seconds, a
radius of 1,003.41 feet, a chord bearing and distance of North 47
degrees, 15 minutes, 22 seconds East, 357.15 feet, an arc distance
of 359.06 feet to a point for corner at the end of said curve; said
point being in the south line of that certain tract of land
described in Deed to the City of Dallas in Volume 74029, Page 777 of
the said Deed records;
THENCE, along the said south line of the City of Dallas tract the
following six (6) calls:
South 78 degrees, 22 minutes, 12 seconds East, a distance of 61.26
feet to a point for corner;
South 84 degrees, 18 minutes, 56 seconds East, a distance of 102.65
feet to a point for corner;
South 72 degrees, 26 minutes, 05 seconds East, a distance of 46.82
feet to a point for corner;
South 49 degrees, 14 minutes, 19 seconds East, a distance of 70.27
feet to a point for corner;
South 54 degrees, 01 minutes, 02 seconds East, a distance of 37.08
feet to a point for corner;
South 63 degrees, 09 minutes, 29 seconds East, a distance of 128.40
feet to a point for corner; said point being in the west
right-of-way line of East Jefferson Boulevard (a variable width
right-of-way) and the beginning of a non-tangent curve to the left;
THENCE, along the said west line of Jefferson Boulevard the
following seven (7) calls:
In a southwesterly direction and along said curve to the left,
having a central angle of 21 degrees, 04 minutes, 04 seconds, a
radius of 1,482.69 feet, a chord bearing and distance of South 01
degrees, 06 minutes, 18 seconds West, 542.12 feet, an arc distance
of 545.19 feet to a point for corner at the end of said curve; said
point being at the intersection of the said west line of East
Jefferson Boulevard and the north line of Ewing Avenue (a 60-foot
right-of-way);
South 40 degrees, 11 minutes, 58 seconds West, a distance of 13.09
feet to a point for corner;
South 42 degrees, 29 minutes, 36 seconds West, a distance of 71.89
feet to a point for corner;
South 89 degrees, 59 minutes, 27 seconds West, a distance of 8.63
feet to a point for corner; said point being the beginning of a
non-tangent curve to the left;
In a southwesterly direction and along said curve to the left,
having a central angle of 00 degrees, 04 minutes, 25 seconds, a
radius of 1,632.86 feet, a chord bearing and distance of South 23
degrees, 55 minutes, 16 seconds West, 2.10 feet, an arc distance of
2.10 feet to a point for corner at the end of said curve; said point
being at the intersection of the said north line of Ewing Avenue and
the west line of said Ewing Avenue;
South 29 degrees, 28 minutes, 43 seconds East, a distance of 25.73
feet to a point for corner;
South 29 degrees, 27 minutes, 17 seconds East, a distance of 200.04
feet to a point for corner at the intersection of the said west line
of Jefferson Boulevard and the west line of Ewing Avenue (a 60-foot
right-of-way); said point also being the beginning of a non-tangent
curve to the right;
THENCE, along the said west line of Ewing Avenue following two (2)
calls:
In a southeasterly direction and along said curve to the right,
having a central angle of 09 degrees, 28 minutes, 25 seconds, a
radius of 437.70 feet, a chord bearing and distance of South 05
degrees, 17 minutes, 05 seconds East, 72.29 feet, an arc distance of
72.37 feet to a point for corner at the end of said curve;
South 00 degrees, 00 minutes, 45 seconds West, a distance of 173.00
feet to a point for corner; said point being the north end of a
corner clip at the intersection of the said west line of Ewing
Avenue and the north line of Colorado Boulevard (a variable width
right-of-way);
THENCE, South 45 degrees, 00 minutes, 14 seconds West, along the
said corner clip, a distance of 21.21 feet to a point for corner in
the said north line of Colorado Boulevard;
THENCE, along the north line of Colorado Boulevard the following
six (6) calls:
North 89 degrees, 59 minutes, 15 seconds West, a distance of 187.50
feet to a point for corner;
South 00 degrees, 00 minutes, 45 seconds West, a distance of 12.00
feet to a point for corner;
North 89 degrees, 59 minutes, 15 seconds West, a distance of 137.27
feet to a point for corner; said point being the beginning of a
non-tangent curve to the left;
In a northeasterly direction and along said curve to the left,
having a central angle of 04 degrees, 21 minutes, 43 seconds, a
radius of 221.12 feet, a chord bearing and distance of North 44
degrees, 31 minutes, 38 seconds East, 16.83 feet, an arc distance of
16.83 feet to a point for corner at the end of said curve;
North 89 degrees, 59 minutes, 15 seconds West, a distance of 42.52
feet to a point for corner;
North 43 degrees, 29 minutes, 48 seconds West, a distance of 21.21
feet to a point for corner in the east line of North Lancaster
Avenue (a 60-foot right-of-way);
THENCE, North 00 degrees, 00 minutes, 33 seconds West, along the
said east line of North Lancaster Avenue, a distance of 407.84 feet
to a point for corner at the intersection of the said east line of
North Lancaster Avenue and the said north line of Addison Street;
THENCE, North 89 degrees, 56 minutes, 37 seconds West, along the
said north line of Addison Street, a distance of 448.20 feet to the
POINT OF BEGINNING;
CONTAINING: 676,968 square feet or 15.541 acres of land, more or
less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) 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.