By: Anchia H.B. No. 4720 COMMITTEE SUBSTITUTE FOR H.B. No. 4720By: West By: West

(In the Senate - Received from the House May 6, 2009; May 6, 2009, read first time and referred to Committee on Intergovernmental Relations; May 18, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; May 18, 2009, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Trinity River West Municipal Management District; providing the authority to impose an assessment, impose a tax, and issue bonds.

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 3871 to read as follows:

CHAPTER 3871. TRINITY RIVER WEST MUNICIPAL MANAGEMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3871.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "City" means the City of Dallas.

(3) "District" means the Trinity River West Municipal Management District.

(4) "Improvement project" means a project authorized by Section 3871.102:

(A) inside the boundaries of the district; and

(B) in areas outside but adjacent to the boundaries of the district if the project is for the purpose of extending public infrastructure improvements beyond the district's boundaries to a logical terminus.

Sec. 3871.002. CREATION AND NATURE OF DISTRICT. The district is a special district created under Section 59, Article XVI, Texas Constitution.

Sec. 3871.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter. By creating the district and in authorizing the city and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.

(b) The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, the public welfare in the district, and educational scholarships for college-bound students residing in or out of the district.

(c) The district is created to supplement and not to supplant city services provided in the district.

Sec. 3871.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The district is created to serve a public use and benefit.

(b) All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.

(c) The 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) developing or expanding transportation and commerce; and

(4) providing quality residential housing.

(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 residential community and business center;

(3) promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic beauty; and

(4) provide educational scholarships for college-bound students residing in or out of the district.

(e) Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, vehicle parking, and street art objects are parts of and necessary components of a street and are considered to be an improvement project that includes 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. 3871.005. DISTRICT TERRITORY. (a) The district is composed of the territory described by Section 2 of the Act creating this chapter, as that territory may have been modified under Section 3871.106.

(b) A mistake in the field notes of the district contained in Section 2 of the Act creating this chapter or in copying the field notes in the legislative process does not in any way affect:

(1) the district's organization, existence, or validity;

(2) the district's right to contract, including the right to issue any type of bond or other obligation for a purpose for which the district is created;

(3) the district's right to impose or collect an assessment, tax, or any other revenue; or

(4) the legality or operation of the board.

Sec. 3871.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. (a) All or any part of the area of the district is eligible to be included in:

(1) a tax increment reinvestment zone created by the city under Chapter 311, Tax Code;

(2) a tax abatement reinvestment zone created by the city under Chapter 312, Tax Code; or

(3) an enterprise zone created by the city under Chapter 2303, Government Code.

(b) If the city creates a tax increment reinvestment zone described by Subsection (a), the city and the board of directors of the zone, by contract with the district, may grant money deposited in the tax increment fund to the district to be used by the district for the purposes permitted for money granted to a corporation under Section 380.002(b), Local Government Code, including the right to pledge the money as security for any bonds issued by the district for an improvement project. A project may not receive public funds under Section 380.002(b), Local Government Code, unless the project has been approved by the governing body of the city by the adoption of a resolution.

(c) A tax increment reinvestment zone created by the city in the district is not subject to the limitations provided by Section 311.006(b), Tax Code.

[Sections 3871.007-3871.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3871.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of nine directors composed of:

(1) six directors appointed by the governing body of the city; and

(2) three city employees appointed by the governing body of the city.

(b) Directors serve staggered terms of four years, with four or five directors' terms expiring July 1 of each odd-numbered year.

Sec. 3871.052. APPOINTMENT OF DIRECTORS: BOARD MEETINGS. (a) Directors appointed under Section 3871.051(a)(1) must meet at least one of the qualifications prescribed by Section 3871.053.

(b) A person may not be appointed to the board if the appointment of that person would result in fewer than:

(1) four of the directors being residents of the city and meeting the qualifications prescribed by Section 3871.053(a)(2), (3), (4), or (5); and

(2) two of the directors meeting the qualifications prescribed by Section 3871.053(a)(1).

(c) The governing body of the city may remove a member of the board with or without cause at any time by a majority vote.

(d) The board shall hold meetings at a place accessible to the public. The board shall file a copy of the notice of a meeting with the city's secretary. The city's secretary shall post the notice at Dallas City Hall.

(e) The board may not create an executive committee to exercise the powers of the board.

Sec. 3871.053. QUALIFICATIONS OF DIRECTORS. (a) To be qualified to serve as a director appointed under Section 3871.051(a)(1), a person must be at least 18 years old and must be:

(1) a resident of the district who is also a registered voter of the district or a registered voter who lives within a two-mile radius of the district;

(2) an owner of property in the district;

(3) an owner of stock, whether beneficial or otherwise, of a corporate owner of property in the district;

(4) an owner of a beneficial interest in a trust that owns property in the district; or

(5) an agent, employee, or tenant of a person covered by Subdivision (2), (3), or (4).

(b) Section 49.052, Water Code, does not apply to the district.

Sec. 3871.054. VACANCY. The governing body of the city shall fill a vacancy on the board by appointing a person who meets the qualifications prescribed by Section 3871.051(a) or 3871.053 to serve for the remainder of the unexpired term.

Sec. 3871.055. DIRECTOR'S OATH OR AFFIRMATION. A director's oath or affirmation of office shall be filed with the district and the district shall retain the oath or affirmation in the district records. A copy of each director's oath or affirmation of office shall be filed with the city's secretary.

Sec. 3871.056. OFFICERS. The board shall elect from among the directors a chair, a vice chair, and a secretary. The offices of chair and secretary may not be held by the same person concurrently.

Sec. 3871.057. COMPENSATION; EXPENSES; LIABILITY INSURANCE FOR DIRECTORS. (a) The district may compensate each director in an amount not to exceed $50 for each board meeting. The total amount of compensation for each director in one year may not exceed $2,000.

(b) Directors are entitled to reimbursement for necessary and reasonable expenses incurred in carrying out the duties and responsibilities of the board.

(c) The district may obtain and pay for comprehensive general liability insurance coverage from a commercial insurance company or other source that protects and insures a director against personal liability and from any and all claims relating to:

(1) actions taken by the director in the director's capacity as a member of the board;

(2) actions and activities taken by the district; or

(3) the actions of others acting on behalf of the district.

Sec. 3871.058. CONFLICTS OF INTEREST. (a) A director, including a director who qualifies under Section 3871.053(a)(2), (3), (4), or (5), may participate in all board votes and decisions if the director complies with the requirements of Subsection (b).

(b) A director shall comply with Section 171.004, Local Government Code, including the disclosure and abstention requirements of that section. A director must file a copy of the director's disclosure affidavit required by Section 171.004, Local Government Code, with the city's secretary before participating in a board discussion or vote.

Sec. 3871.059. INITIAL DIRECTORS. (a) The initial board consists of the following directors:

(1) Place 1: a director who qualifies under Section 3871.053(a)(2), (3), (4), or (5);

(2) Place 2: a director who qualifies under Section 3871.053(a)(2), (3), (4), or (5);

(3) Place 3: a director who qualifies under Section 3871.053(a)(2), (3), (4), or (5);

(4) Place 4: a director who qualifies under Section 3871.053(a)(1);

(5) Place 5: a director who qualifies under Section 3871.053(a)(1);

(6) Place 6: a director who qualifies under Section 3871.053(a)(2), (3), (4), or (5);

(7) Place 7: a city employee;

(8) Place 8: a city employee; and

(9) Place 9: a city employee.

(b) Not later than September 1, 2009, the owner or owners of a majority of the appraised value of the real property in the district, or the majority of the record owners of real property in the district subject to taxation, may submit a petition to the governing body of the city requesting that the governing body appoint as initial directors the persons named in the petition to serve in Places 1-6. If the persons named in the petition meet the qualifications prescribed by Sections 3871.052 and 3871.053, the governing body may appoint those persons as initial directors under Subsection (a) to serve in Places 1-6.

(c) If a petition is not submitted under Subsection (b), the governing body of the city shall appoint as initial directors six persons who meet the qualifications prescribed by Sections 3871.052 and 3871.053 to serve in Places 1-6.

(d) Of the initial directors, the terms of directors appointed for Places 1, 2, 3, and 4 expire July 1, 2011, and the terms of directors appointed for Places 5, 6, 7, 8, and 9 expire July 1, 2013.

(e) This section expires September 1, 2013.

[Sections 3871.060-3871.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3871.101. GENERAL POWERS AND DUTIES. The district has the powers and duties provided by this chapter and by:

(1) the general laws relating to conservation and reclamation districts created under Section 59, Article XVI, Texas Constitution, including Chapters 49 and 54, Water Code;

(2) Chapter 441, Transportation Code, except that:

(A) the district may exercise any power granted by this chapter without regard to any provision or requirement of or procedure prescribed by Chapter 441, Transportation Code; and

(B) the district may not build or operate a toll road;

(3) Subchapter A, Chapter 372, Local Government Code, in the same manner as a municipality or a county;

(4) Chapter 1371, Government Code;

(5) Chapter 375, Local Government Code; and

(6) Chapter 311, Tax Code.

Sec. 3871.102. IMPROVEMENT PROJECTS. (a) The district may provide, or it may enter into contracts with a governmental or private entity to provide, the following types of improvement projects located in the district or activities in support of or incidental to those projects:

(1) a supply and distribution facility or system to provide potable and nonpotable water to the residents and businesses of the district, including a wastewater collection facility;

(2) a paved, macadamized, or graveled road or street, inside and outside the district, to the full extent authorized by Section 52, Article III, Texas Constitution;

(3) the planning, design, construction, improvement, and maintenance of:

(A) landscaping;

(B) highway right-of-way or transit corridor beautification and improvement;

(C) lighting, banners, and signs;

(D) a street or sidewalk;

(E) a hiking and cycling path or trail;

(F) a pedestrian walkway, skywalk, crosswalk, or tunnel;

(G) a park, lake, garden, recreational facility, community activities center, dock, wharf, sports facility, open space, scenic area, or related exhibit or preserve;

(H) a fountain, plaza, or pedestrian mall; or

(I) a drainage or storm-water detention improvement;

(4) protection and improvement of the quality of storm water that flows through the district;

(5) the planning, design, construction, improvement, maintenance, and operation of:

(A) a water or sewer facility; or

(B) an off-street parking facility or heliport;

(6) the planning and acquisition of:

(A) public art and sculpture and related exhibits and facilities; or

(B) an educational facility, and a cultural exhibit or facility;

(7) the planning, design, construction, acquisition, lease, rental, improvement, maintenance, installation, and management of and provision of furnishings for a facility for:

(A) a conference, convention, or exhibition;

(B) a manufacturer, consumer, or trade show;

(C) a civic, community, or institutional event; or

(D) an exhibit, display, attraction, special event, or seasonal or cultural celebration or holiday;

(8) the removal, razing, demolition, or clearing of land or improvements in connection with improvement projects;

(9) the acquisition and improvement of land or other property for the mitigation of the environmental effects of an improvement project if those costs are incurred in accordance with a development agreement and reimbursement of those costs is conditioned on the completion of substantial vertical development, or the costs are related to a transit or mobility project;

(10) the acquisition of property or an interest in property in connection with one or more authorized improvement projects, including a project authorized by Subchapter A, Chapter 372, Local Government Code;

(11) a special or supplemental service for the improvement and promotion of the district or an area adjacent to the district or for the protection of public health and safety in or adjacent to the district, including:

(A) advertising;

(B) promotion;

(C) tourism;

(D) health and sanitation;

(E) public safety;

(F) security;

(G) fire protection or emergency medical services;

(H) business recruitment;

(I) elimination of traffic congestion, including by use of rail services;

(J) recreational, educational, or cultural improvements, enhancements, and services; and

(K) creation and financing of a higher education scholarship fund for students attending Mountain View College or the University of North Texas (Dallas Campus); or

(12) any similar public improvement, facility, or service.

(b) The district may not undertake an improvement project under this section unless the board determines the project to be necessary to accomplish a public purpose of the district and has received the approval of the city under Section 3871.160.

(c) An improvement project must comply with any applicable codes and ordinances of the city.

(d) The district may not provide, conduct, or authorize an improvement project on the city streets, highways, rights-of-way, or easements without the consent of the governing body of the city.

(e) Subject to an agreement between the district and the city, the city may:

(1) by ordinance, order, or resolution require that title to all or any portion of an improvement project vest in the city; or

(2) unless prohibited by Subsection (h), by ordinance, order, resolution, or other directive, authorize the district to own, encumber, maintain, and operate an improvement project, subject to the right of the city to order a conveyance of the improvement project to the city on a date determined by the city.

(f) The district shall immediately comply with any city ordinance, order, or resolution adopted under Subsection (e).

(g) For the purposes of this section, planning, design, construction, improvement, and maintenance of a lake includes work done for drainage, reclamation, or recreation.

(h) Waterworks and sanitary sewer improvements may be undertaken by the district inside or outside the boundaries of the district, subject to the following conditions:

(1) the city shall request that waterworks or sanitary sewer improvements be funded by the district;

(2) the city shall construct, own, operate, and maintain the improvements; and

(3) the district shall comply with Sections 3871.152, 3871.157, and 3871.160 as a condition for the district to fund the improvements.

Sec. 3871.103. GENERAL POWERS REGARDING CONTRACTS. (a) The district may:

(1) contract with any person to accomplish any district purpose, including a contract for:

(A) the payment, repayment, or reimbursement of costs incurred by that person on behalf of the district, including all or part of the costs of any improvement project and interest on the reimbursed cost; or

(B) the use, occupancy, lease, rental, operation, maintenance, or management of all or part of a proposed or existing improvement project; and

(2) apply for and contract with any person to receive, administer, and perform a duty or obligation of the district under a federal, state, local, or private gift, grant, loan, conveyance, transfer, bequest, or other financial assistance arrangement relating to the investigation, planning, analysis, study, design, acquisition, construction, improvement, completion, implementation, or operation by the district or others of a proposed or existing improvement project.

(b) A contract the district enters into to carry out a purpose of this chapter may be on any terms and for any period the board determines, including a negotiable or nonnegotiable note or warrant payable to the city, Dallas County, or any other person.

(c) Any person may contract with the district to carry out the purposes of this chapter without further statutory or other authorization.

(d) The district must follow Resolution 08-2826, adopted by the city on October 22, 2008, for construction, procurement, and professional services contracts related to the use of historically underutilized businesses and minority contracting in the implementation of its district plan.

Sec. 3871.104. RULES; ENFORCEMENT. (a) The district may adopt rules:

(1) to administer or operate the district;

(2) for the use, enjoyment, availability, protection, security, and maintenance of the district's property and facilities; or

(3) to provide for public safety and security in the district.

(b) The district may enforce its rules by injunctive relief.

(c) To the extent a district rule conflicts with a city rule, order, or regulation, the city rule, order, or regulation controls.

(d) The district shall provide the city with written notice not later than the 30th day before the date of a meeting at which the board will adopt rules. The district may not adopt a rule affecting the use of a municipally owned asset, such as a public park, street, sidewalk, transit facility, or public right-of-way, unless the governing body of the city has approved the rule by ordinance, order, or resolution.

Sec. 3871.105. NAME CHANGE. The board by resolution may change the district's name. The board shall give written notice of the change to the city.

Sec. 3871.106. ADDING OR REMOVING TERRITORY. The board may add or remove territory under Subchapter J, Chapter 49, Water Code, and Section 54.016, Water Code, except that:

(1) the addition or removal of the territory must be approved by:

(A) the governing body of the city by ordinance, order, or resolution; and

(B) the owners of the territory being added or removed;

(2) a reference to a tax in Subchapter J, Chapter 49, Water Code, or Section 54.016, Water Code, means an ad valorem tax; and

(3) territory may not be removed from the district if bonds or other obligations of the district payable wholly or partly from ad valorem taxes or assessments levied or assessed on the territory are outstanding.

Sec. 3871.107. ECONOMIC DEVELOPMENT. (a) The district may create economic development and other programs under Section 52-a, Article III, Texas Constitution, and may impose and collect ad valorem taxes for those purposes. The district has the economic development powers that Chapter 380, Local Government Code, provides to a municipality with a population of more than 100,000. Each economic development program and each project that will receive public funds under an economic development program must be approved by the governing body of the city by ordinance, order, or resolution.

(b) The district shall provide the city written notice not later than the 30th day before the date of a meeting at which the board will adopt terms of an economic development program. The district may not adopt an economic development program or improvement project to be funded under an economic development program unless the governing body of the city has approved the program or improvement project by ordinance, order, or resolution.

Sec. 3871.108. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.

Sec. 3871.109. TERMS OF EMPLOYMENT; COMPENSATION. The board may employ and establish the terms of employment and compensation of an executive director or general manager and any other district employees the board considers necessary. An employee may not receive annual compensation of more than $150,000 from public funds of the district.

Sec. 3871.110. NOTICE TO PROPERTY OWNERS. (a) The board shall annually provide owners of real property in the district written notice that specifies the tax of the district for the district's next fiscal year in sufficient clarity to describe the tax rate for the operation and maintenance of the district and the tax rate for the payment of debt service of obligations issued or incurred by the district. The written notice must be sent by first class United States mail, postage prepaid, to the current address of the property owner as reflected on the tax rolls of the appraisal district.

(b) The notice must clearly state that the tax rates on real property imposed in the district are in addition to the ad valorem taxes imposed by other taxing units that tax real property in the boundaries of the district.

(c) The district shall generate and implement a program to provide notification to a prospective purchaser of property in the district of the rates of tax and assessments that have been approved and are imposed by the district.

[Sections 3871.111-3871.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 3871.151. GENERAL POWERS REGARDING FINANCIAL MATTERS. (a) Except as provided by Section 3871.160, the district may:

(1) impose an ad valorem tax on all taxable industrial and commercial property in the district to pay for any improvement projects of the types authorized by Section 52(b), Article III, and Section 59, Article XVI, Texas Constitution, and to secure the payment of bonds issued for those purposes;

(2) impose an assessment on property in the district to pay the cost of any authorized improvement project and the cost of the maintenance of the project in the manner provided for:

(A) a district under Subchapters A, E, and F, Chapter 375, Local Government Code; or

(B) a municipality or county under Subchapter A, Chapter 372, Local Government Code;

(3) provide or secure the payment or repayment of any bond, note, or other temporary or permanent obligation or reimbursement or other contract with any person, the costs and expenses of the establishment, administration, and operation of the district, and the district's costs or share of the costs or revenue of an improvement project or district contractual obligation or indebtedness by or through:

(A) the imposition of an ad valorem tax, assessment, user fee, concession fee, or rental charge; and

(B) any other revenue or resources of the district, or other revenue authorized by the city, including revenue from a tax increment reinvestment zone created by the city under applicable law;

(4) establish user charges related to the operation of storm-water facilities, including the regulation of storm water for the protection of water quality in the district;

(5) establish user charges for the use of nonpotable water for irrigation purposes, subject to the approval of the governing body of the city;

(6) undertake separately or jointly with other persons, including the city or Dallas County, all or part of the cost of any improvement project, including an improvement project:

(A) for improving, enhancing, and supporting public safety and security, fire protection and emergency medical services, and law enforcement in and adjacent to the district; or

(B) that confers a general benefit on the entire district or a special benefit on a definable part of the district; and

(7) enter into a tax abatement agreement in accordance with the general laws of this state authorizing and applicable to tax abatement agreements by municipalities.

(b) The district may not impose an ad valorem tax to pay for an improvement project under this chapter unless the imposition is approved by the voters of the district voting at an election held for that purpose. The board may call an election to approve the imposition of an ad valorem tax to pay for an improvement project under this chapter only if the board receives a petition requesting the election signed by:

(1) more than 65 percent of the record owners of real property in the district subject to taxation; or

(2) owners representing more than 65 percent of the appraised value of real property in the district subject to taxation, as determined by the tax rolls of the appraisal district.

Sec. 3871.152. BORROWING MONEY. (a) The district may borrow money for a district purpose by issuing or executing bonds, notes, credit agreements, or other obligations of any kind found by the board to be necessary or appropriate for any district purpose. The bond, note, credit agreement, or other obligation may be secured by and payable from ad valorem taxes, assessments, a combination of ad valorem taxes and assessments, or other district revenue. The governing body of the city must approve the issuance of bonds, notes, credit agreements, or other obligations of the district, in general terms before the preparation of preliminary official statements or loan closing documents, as provided by the development and operating agreement approved by the city in accordance with Section 3871.160, or by separate action.

(b) The governing body of the city must approve the final terms of the bond issuance, note, or credit facility, including the principal amount, note amount, interest rate or rates, redemption provisions, and other terms and conditions relating to the issuance.

(c) The district shall file annual audited financial statements with the city's secretary.

Sec. 3871.153. ASSESSMENTS; EXEMPTION. (a) The district may impose an assessment on property in the district, including an assessment on commercial, industrial, or office property, only in the manner provided by Subchapter A, Chapter 372, Local Government Code, or Subchapter F, Chapter 375, Local Government Code, for a municipality, county, or public improvement district, according to the benefit received by the property.

(b) An assessment on property must be for the limited purpose of providing capital funding for:

(1) public water and wastewater facilities;

(2) drainage and storm-water facilities;

(3) streets and alleys; and

(4) any authorized purpose under Chapter 372, Local Government Code.

(c) 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; and

(2) are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes.

(d) A lien of an assessment against property under this chapter runs with the land, and the portion of an assessment payment obligation that has not yet come due is not eliminated by the foreclosure of an ad valorem tax lien. Any purchaser of property in a foreclosure of an ad valorem tax lien takes the property subject to the assessment payment obligations that have not yet come due and to the lien and terms of payment under the applicable assessment ordinance or order.

(e) 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.

(f) The district shall file notice of any tax or assessment imposed by the district with the county clerk of Dallas County and post the notice on the district's Internet website.

Sec. 3871.154. RESIDENTIAL PROPERTY EXEMPT. The district may not impose taxes, assessments, fees, or any other requirement for payment, construction, alteration, or dedication on single-family detached residential property, residential condominiums, duplexes, triplexes, and quadruplexes.

Sec. 3871.155. MAINTENANCE AND OPERATION TAX; ELECTION. (a) The district may impose a tax for maintenance and operation purposes, including for:

(1) planning, constructing, acquiring, maintaining, repairing, and operating all improvement projects, including land, plants, works, facilities, improvements, appliances, and equipment of the district; and

(2) paying costs of services, engineering and legal fees, and organization and administrative expenses, including expenses of the city payable under the terms of the project development agreement described by Section 3871.160.

(b) The district may not impose a maintenance and operation tax for improvement projects under this chapter unless the imposition of the tax is approved by the voters of the district voting at an election held for that purpose. An election may be called only on receipt of a petition as provided by Section 3871.151(b).

(c) A maintenance and operation tax election may be held at the same time and in conjunction with any other district election. The election may be called by a separate election order or as part of any other election order.

Sec. 3871.156. USE OF SURPLUS MAINTENANCE AND OPERATION MONEY. If the district has surplus maintenance and operation tax money that is not needed for the purposes for which it was collected, the money may be used for any authorized purpose.

Sec. 3871.157. BONDS AND OTHER OBLIGATIONS. (a) Subject to the requirements of Sections 3871.159 and 3871.160, the district may issue by public or private sale bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, or by assessments in the manner provided by Subchapter A, Chapter 372, Local Government Code, or Subchapter J, Chapter 375, Local Government Code.

(b) In exercising the district's borrowing power, the district may issue a bond or other obligation in the form of a bond, note, certificate of participation or other instrument evidencing a proportionate interest in payments to be made by the district, or any other type of obligation.

(c) In addition to the sources of money described by Subchapter A, Chapter 372, Local Government Code, and Subchapter J, Chapter 375, Local Government Code, district bonds may be secured and made payable wholly or partly by a pledge of any part of the money the district receives from system or improvement project revenue or from any other source.

Sec. 3871.158. BOND MATURITY. Bonds may mature not more than 40 years from their date of issue.

Sec. 3871.159. TAXES FOR BONDS AND OTHER OBLIGATIONS. At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued:

(1) the board shall impose a continuing direct annual ad valorem tax for each year that all or part of the bonds are outstanding; and

(2) the district annually shall impose an ad valorem tax on all taxable property in the district in an amount sufficient to:

(A) pay the interest on the bonds or other obligations as the interest becomes due; and

(B) create a sinking fund for the payment of the principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date.

Sec. 3871.160. DEVELOPMENT AND OPERATING AGREEMENT REQUIRED. (a) After the district's board is organized, but before the district may undertake any improvement project, issue bonds, impose taxes, levy assessments or fees, or borrow money, the district and the city must negotiate and execute a mutually approved and accepted development and operating agreement, including any limitations imposed by the city, regarding the plans and rules for:

(1) the exercise of the powers granted to the district under this chapter, including the organization, development, and operation of the district;

(2) the selection and description of improvement projects that may be undertaken and financed by the district and the ownership, operation, and maintenance of those projects;

(3) the terms, conditions, methods, means, and amounts of financing authorized by this chapter that the district may use in providing improvement projects; and

(4) the amounts, methods, and times of reimbursement to the city for costs and expenses, if any, incurred by the city with respect to the development and operation of the district and the financing of improvement projects by the district.

(b) An agreement authorized by this section is not effective until its terms and execution are approved by the board and the governing body of the city by resolution.

[Sections 3871.161-3871.250 reserved for expansion]

SUBCHAPTER E. DISSOLUTION

Sec. 3871.251. DISSOLUTION BY CITY ORDINANCE. (a) The city by ordinance may dissolve the district.

(b) The city may not dissolve the district until the district's outstanding indebtedness or contractual obligations that are payable from ad valorem taxes have been repaid or discharged, or the city has affirmatively assumed the obligation to pay the outstanding indebtedness from the city's lawfully available revenue.

(c) The city may not dissolve the district until the agreement under Section 3871.160 has been executed and the district's performance under the agreement has been fulfilled, including any right or obligation the district has to reimburse a developer or owner for the costs of improvement projects.

Sec. 3871.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. (a) If the dissolved district has bonds or other obligations outstanding secured by and payable from assessments or other revenue, other than ad valorem taxes, the city shall succeed to the rights and obligations of the district regarding enforcement and collection of the assessments or other revenue.

(b) The city shall have and exercise all district powers to enforce and collect the assessments or other revenue to pay:

(1) the bonds or other obligations when due and payable according to their terms; or

(2) special revenue or assessment bonds or other obligations issued by the city to refund the outstanding bonds or obligations.

Sec. 3871.253. CONCURRENCE ON ADDITIONAL POWERS. If the legislature grants the district a power that is in addition to the powers approved by the initial resolution of the governing body of the city consenting to the creation of the district, the district may not exercise that power unless the governing body of the city consents to that change by resolution.

Sec. 3871.254. ASSUMPTION OF ASSETS AND LIABILITIES. (a) After the city dissolves the district, the city assumes, subject to the appropriation and availability of funds, the obligations of the district, including any bonds or other indebtedness payable from assessments or other district revenue.

(b) If the city dissolves the district, the board shall transfer ownership of all district property to the city.

SECTION 2. The district shall include the land described in Subsections (a) and (b), below:

(a) A 192 acre tract of land situated west of the Dallas Central Business District along the western bank of the Trinity River Floodway in Dallas County, Texas, with said tract of land being more particularly described (in a clockwise manner around the boundary) by the following:

The POINT OF BEGINNING being the northernmost point of the District on the northern right of way of Continental Avenue, eastern bank of the Trinity River Floodway and the Union Pacific Rail Corridor;

THEN in a southeast direction to the southern right-of-way of Continental Avenue;

THEN in a southwest direction along the southern right-of-way of Continental Avenue / Singleton Boulevard across the Trinity River to the intersection with the Continental Via Connector;

THEN in a south by west direction along the eastern right-of-way of the Continental Via Connector;

THEN in a south southeast direction along the eastern right-of-way of the Continental Via Connector;

THEN in a south southeast direction along the eastern right-of-way of the Continental Via Connector, N. Beckley Boulevard;

THEN in a south southeast direction along the eastern right-of-way of N. Beckley Boulevard across the Union Pacific Rail Corridor to the northwest corner of 0.38 acre parcel (Block 6824, Lot 1, Account: 00000633508000000);

THEN in an easterly direction along the northern edge (to the northeast corner) of 0.38 acre parcel (Block 6824, Lot 1, Account: 00000633508000000);

THEN in a south southeast direction along the eastern edge (to the southeast corner) of 0.38 acre parcel (Block 6824, Lot 1, Account: 00000633508000000);

THEN in a southeast direction along the eastern edge (to the southeast corner) of 0.63 acre parcel (Lot 2, Account: 00000633511000000);

THEN in a southerly direction along the eastern edge (to the southeast corner) of 0.23 acre parcel (Block 6824, Tract 3, Account: 00000633514000000);

THEN in a south southwest direction to the southern right-of-way of Commerce Street;

THEN in a west southwest direction along the southern right-of-way of West Commerce Street to the intersection of Fort Worth Avenue;

THEN in a due west direction for along the southern right-of-way of West Commerce Street to the western right-of-way of Sylvan Avenue;

THEN in a northerly direction along the western right-of-way of Sylvan Avenue across Singleton Boulevard to the southwest corner of 0.15 acre parcel (Tiptons No 3, Block 3/71701 Lot 1, Account: 00000673591000000);

THEN in a due east direction along the northern right-of-way of Pueblo Street to the eastern right-of-way of Topeka Avenue;

THEN in a due south direction along the eastern right-of-way of Topeka Avenue to the northern right-of-way of Singleton Boulevard;

THEN in a due east direction along the northern right-of-way of Singleton Boulevard to the western right-of-way of Bataan Street;

THEN in a due north direction approximately 529 feet along the western right-of-way of Bataan Street to the southeast corner of 0.13 acre parcel (7093, N Pt of Lots 54-58, Account: 00000672568000000);

THEN in a due north direction for approximately 13 feet along the western right-of-way of Bataan Street and the eastern edge of 0.13 acre parcel (7093, N Pt of Lots 54-58, Account: 00000672568000000);

THEN in a due east direction across the right-of-way of Bataan Street to the northwest corner of 0.13 acre parcel (7093, S Pt Lots 49-52, Account: 00000672565000000);

THEN in a due east direction for approximately 90 feet along the northern edge (to the northeast corner) of 0.13 acre parcel (7093, S Pt Lots 49-52, Account: 00000672565000000);

THEN in an east by north direction for approximately 29 feet across the right-of-way of Pueblo alley way to the southwest corner of 4.59 acre parcel (7092, Block 3, Tr 4, S Pt Account: 00000672316000000);

THEN in a due east direction along the northern right-of-way of Pueblo alley way and Pueblo Street to the eastern right-of-way of Gulden Avenue;

THEN in a due south direction along the eastern right-of-way of Gulden Avenue to the intersection with the north access road from Singleton Boulevard;

THEN in a southeast direction along the northern right-of-way of the north access road from Singleton Boulevard to the intersection with Singleton Boulevard;

THEN in a northeasterly direction along the northern right-of-way of Singleton Boulevard / Continental Avenue to the point of beginning;

Save and except CITY BLOCK 4004 100X125 W COMMERCE & TOPEKA LT 14 ;

Save and except CITY BLOCK 4004 50X125 W COMMERCE 64FR EVANSTON LT 13 ;

Save and except BLK 4004 TR 1 & PT BLK 6818 & BLK 6819 LTS 27-32 ACS 1.6806 INT20080175384 DD05212008 CO-DC;

Save and except BLK 4004 LOT 12 64X125 W COMMERCE & EVANSTON VOL98002/6015 DD123197 CO-DALLAS;

Save and except BLK 4004 N 36FT LT 2 TOPEKA VOL2002092/7333 DD05092002 CO-DC;

Save and except BLK 4004 S 29FT LOT 3 & N 6FT LOT 4 VOL2003255/3697 DD12162003 CO-DC;

Save and except J W STONEHAMS SUBD BLK 4004 S 14FT 2 & N 20FT 3 21FT LOT 3 VOL2003254/7651 DD12182003 CO-DA;

Save and except J W STONEHAMS ADDN BLK 4004 S 36FT LT 4 VOL94249/2739 DD120594 CO-DALLAS;

Save and except BLK 4004 LTS 5 & 6 TOPEKA VOL83222 PG2749 CO-DALLAS;

Save and except BLK 4004 S 37.5' LOT 7 VOL93070/1997 EX040793 CO-DALLAS;

Save and except BLK 4004 N 25 FT 8 & S 13 FT 9 EVANSTON VOL86222/5346 VOL2004177/12448 DD09072004 CO-DC;

Save and except 7 & 25 FT LT 8 04004 N 12.5FT7 AND 25FT8 EVANSTON VOL2004059/8111 DD03082004 CO-DC;

Save and except BLK 4004 37' LOT 9 & 1' LOT 10 INT20070370953 DD10181997 CO-DC;

Save and except 04004 N 38FT 10 EVANSTON VOL2002023/2452 CO-DC;

Save and except BLK 4005 LOT 10 ACS 0.1435 50X125 COMMERCE & EVANSTON VOL2003255/3832 DD12152003 CO-DC;

Save and except BLK 4005 LT 7 50X100X5.82X51.99X72.1 EVANSTON 125FR COMMERCE VOL2003255/3832 DD12152003 CO-DC;

Save and except BLK 4005 LT 6 50X42.86X56.94X72.1 EVANSTON 175FR COMMERCE VOL2003255/3832 DD12152003 CO-DC;

Save and except BLK 4005 LT 5 50X42.86X53.68X22.86 EVANSTON 225FR W COMMERCE VOL2003255/3832 DD12152003 CO-DC;

Save and except BLK 4005 LT 9 50X125 W COMMERCE 50FR EVANSTON VOL2003255/3832 DD12152003 CO-DC;

Save and except BLK 4005 LT 8 44.9X131.93X3.12X125 W COMMERCE 100FR EVANSTON VOL2003255/3832 DD12152003 CO-DC;

Save and except BLK 4005 LT 4 50X10.66X51.36X22.86 EVANSTON 325FR COMMERCE VOL2003255/3785 DD12182003 CO-DC;

Save and except BLK 6818 TR 6 ACS 0.1338 CO-DALLAS;

Save and except BLK 6818 TR 6.1 ACS 0.0949 VOL98247/5660 DD093098 CO-DALLAS;

Save and except LOT 5 50X188X53X119X103X307 COMMERCE TO TOPEKA ;

Save and except BLK 6818 TR 3 50X103 TOPEKA AND ALLEY TOPEKA & ALLEY VOL97100/0344 DD051497 CO-DALLAS;

Save and except BLK 6818 TR 4 50X103 TOPEKA 50FR ALLEY VOL97100/0344 DD051497 CO-DALLAS;

Save and except BLK 6819 TR 33A 40X100 W MAIN CO-DALLAS;

Save and except BLK 6819 LOT 1 ACS 0.033 INT20070136081 DD03292007 CO-DC;

Save and except BLK 6819 LOTS 2 3 & S 5FT4 ACS 0.209 INT20070136081 DD03292007 CO-DC;

Save and except BLK 6819 N PT 4 45X100 CO-DALLAS;

Save and except BLK 6819 LOT 5 GUEST INT20070136081 DD03302007 CO-DC;

Save and except BLK 6819 LT 6 GUEST ACS 0.118 INT20070136081 DD03292007 CO-DC;

Save and except BLK 6819 LT 7 GUEST ACS 0.1172 INT20070136081 DD03292007 CO-DC;

Save and except BLK 6819 LT 8 GUEST ACS 0.112 INT20070136081 DD03292007 CO-DC;

Save and except BLK 6819 BLK 6819 TR 33D 50X100 W MAIN INT20070274154 DD07312007 CO-DC;

Save and except BLK 6819 TR 33E 50X100 W MAIN CO-DALLAS;

Save and except GUESTS WEST DALLAS BLK 6819 TR 33B 50X100 PROB SE04247-P/2 DD10182004 CO-DC;

Save and except BLK 6819 TR 33C 50X100 MAIN VOL79172/0982 DD082879 CO-DALLAS;

Save and except BLK 6819 LOT 34B 50X100 W MAIN CO-DALLAS;

Save and except BLK 6819 LTS 43 & 44 COMMERCE & YUMA VOL98247/5630 CO-DALLAS;

Save and except BLK 6819 N 1/2 LT 45-50X50 YUMA ;

Save and except S PT 45-50X50 YUMA VOL85245 PG3602;

Save and except BLK 6819 LT 46 YUMA & ALLEY VOL97100/0344 DD051497 CO-DALLAS;

Save and except BLK B/6820 LT 1 COMMERCE & BEAVER INT200600195865 DD05222006 CO-DC;

Save and except ROBERTS & WRIGHT-WEST DALLAS LOT 2 COMMERCE PROB94-1974-P2 CO-DC;

Save and except ROBERTS & WRIGHT-WEST DALLAS LOT 3 COMMERCE PROB94-1974-P2 CO-DC;

Save and except ROBERTS & WRIGHT-WEST DALLAS E PT LOT 4-33X170X25.4X170 COMMERCE ;

Save and except ROBERTS & WRIGHTS BLK B/6820 LOT 8 ACS 0.1951 VOL91096/3159 EX040991 CO-DALLAS;

Save and except ROBERTS & WRIGHT BLK B/6820 W PT LOT 9 ACS 0.1718 VOL91096/3159 EX040991 CO-DALLAS;

Save and except ROBERTS & WRIGHT-WEST DALLAS E PT 9 ALL 10-53.5X170X58.3X170 BLK B/6820 INT20070303241 DD06282007 CO-DC;

Save and except ROBERTS & WRIGHT-WEST DALLAS BLK B/6820 LOT 11 INT20070303241 DD06282007 CO-DC;

Save and except BLK B/6820 LOT 12 YUMA CTS PROB94-1974-P2 CO-DC;

Save and except ROBERTS & WRIGHT-WEST DALLAS LOTS 13 AND 14 YUMA CTS AND BEAVER PROB94-1974-P2 CO-DC;

Save and except BLK 6821 LTS 43 THRU 46 ACS 0.275 W COMMERCE & PITTMAN INT20070136081 DD03292007 CO-DC;

Save and except BLK 6821 LT 47 PITTMAN VOL87234 PG4061 CO-DALLAS;

Save and except BLK 6821 LT 62 PITTMAN VOL87234 PG4061 CO-DALLAS;

Save and except BLK 6821 LOT 63 ACS 0.110 PITTMAN & GC & SF RR CO-DALLAS;

Save and except BOMARS WEST COMMERCE BLK E/6823 LOT 4 & BLK 6821 PT LOT 72 ACS 3.1632 INT20070304216 DD08062007 CO-DC;

Save and except BOMARS WEST COMMERCE BLK 6819 LOT 4.1 ACS 1.8255 INT20070304216 DD08062007 CO-DC;

Save and except BLK 6822 LT 1 W MAIN VOL2005024/1424 DD01312005 CO-DC;

Save and except BLK 6822 LTS 2 & 3 W MAIN VOL2005024/1424 DD01312005 CO-DC;

Save and except 06822 LOT 7 W MAIN ;

Save and except WEST WE GO BLK 6822 ALL LT 8 & LT 9 LESS 3.5FT TRI ADJ LOT 10 VOL2005042/2535 DD02222005 CO-DC;

Save and except WEST WE GO BLK 6822 LOTS 10 & 11 & W3.5'TRI LOT 9 VOL83069 PG0717 CO-DALLAS;

Save and except BLK 6822 LTS 12 13 & 14 W MAIN INT20070083883 DD03052007 CO-DC;

Save and except BLK 6822 LTS 15 AND 16 MAIN INT20070083883 DD03052007 CO-DC;

Save and except BLK 6822 LOTS 17 & 18 W MAIN INT20070083884 DD03062007 CO-DC;

Save and except 06822 LOTS 19 AND 2O W MAIN VOL2005070/3341 DD03292005 CO-DC;

Save and except BLK 6822 LTS 23 24 & PT LTS 22 & 25 W MAIN CO-DALLAS;

Save and except BLK 6822 PT LOT 25 AND ALL 26 W MAIN ;

Save and except BLK 6822 LT 27 VOL98226/2670 DD102695 CO-DALLAS;

Save and except BLK 6822 LOT 33 CO-DALLAS;

Save and except WEST WE GO ADDITION BLK 6822 LT 32 VOL84173 PG1525 CO-DALLAS;

Save and except 06822 LT 34 BLK 6822 VOL2003255/3697 DD12162003 CO-DC;

Save and except 06822 LT 35 BLK 6822 VOL2003255/3697 DD12162003 CO-DC;

Save and except BLK 6822 LTS 36 THRU 39 W MAIN VOL2000148/2996 DD08012000 CO-DA;

Save and except 06822 LOTS 4O AND 41 W MAIN VOL2005069/8115 DD03092005 CO-DC;

Save and except WEST WE GO BLK 6822 LT 46 INT20080047274 DD02052008 CO-DC;

Save and except BLK 6822 LOT 49 W MAIN VOL2003224/1305 DD10312003 CO-DC;

Save and except BLK 6822 LOTS 50 & 51 W MAIN VOL2003224/1305 DD10312003 CO-DC;

Save and except BLK 6822 LOTS 52 & 53 W MAIN CO-DALLAS;

Save and except BLK 6822 LOT 54 W MAIN CO-DALLAS;

Save and except BLK 6822 LOTS 55 & 56 W MAIN VOL2004139/1159 DD07011993 CO-DA;

Save and except LOTS 57 & 58 W MAIN ;

Save and except BLK 6822 LTS 59 & 60 W MAIN CO-DALLAS;

Save and except 06822 LOTS 64 AND 65 W MAIN ;

Save and except BLK 6822 LOT 66 W MAIN VOL88097/3298 CO-DALLAS;

Save and except 06822 LOTS 80 & 81 W MAIN VOL2003255/3832 DD12242003 CO-DC;

Save and except 06822 LT 82 BLK 6822 VOL2003255/3832 DD12152003 CO-DC;

Save and except BLK 6822 LOTS 83 & 84 W MAIN INT20080147440 DD11012007 CO-DC;

Save and except BLK 6822 LOT 85 W MAIN INT200600470194 DD01032006 CO-DC;

Save and except BLK 6822 PT LT 86 69.3X17X71 VOL86251/2660 DD123086 CO-DALLAS;

Save and except WEST WE GO BLK 6822 LOTS 103 & 104 CO-DALLAS;

Save and except BLK 6822 LOTS 105 & 106 W MAIN CO-DALLAS;

Save and except WEST WE GO BLK 6822 LTS 107-109 ACS 0.213 VOL2000153/1706 DD11261985 CO-DC;

Save and except BLK 6822 LOTS 110 & 111 W MAIN CO-DALLAS;

Save and except BLK 6822 LTS 112 & 113 CO-DALLAS;

Save and except BLK 6822 LOT 114 W MAIN VOL2003224/1305 DD10312003 CO-DC;

Save and except WEST WE GO BLK 6822 LOTS 115 & 116 VOL2003224/1305 DD10312003 CO-DA;

Save and except BLK 6822 LOTS 117 AND 118 W MAIN CO-DALLAS;

Save and except BLK 6822 LOTS 119 & 120 W MAIN VOL2005091/3746 DD04282005 CO-DC;

Save and except BLK 6822 LOTS 121 & 122 WEST MAIN VOL2003057/3971 CO-DALLAS;

Save and except BLK 6822 LOT 123 WEST MAIN VOL2003057/3974 CO-DALLAS;

Save and except BLK 6822 LOT 124 W MAIN VOL2003057/3974 CO-DALLAS;

Save and except BLK 6822 LOTS 125 & 126 VOL93037/5813 EX021493 CO-DALLAS;

Save and except WEST WE GO ADDN BLK 6822 LOTS 127 & LOT 128 W MAIN ST VOL91228/3099 EX112191 CO-DALLAS;

Save and except BLK 6822 LOT 129 AND 7FT LT 13 W MAIN PROB06-146-P DD01012006 CO-DC;

Save and except LOT 131 AND 18FT13O W MAIN ;

Save and except BLK 6822 LOTS 132 & 133 VOL99076/2723 DD041499 CO-DALLAS;

Save and except BLK 6822 LOT 134 W MAIN VOL98252/5553 DD122398 CO-DALLAS;

Save and except BLK 6822 LOT 135 W MAIN ;

Save and except BLK 6822 LOT 136 W MAIN ;

Save and except BLK 6822 LOTS 137 AND 138 W MAIN ;

Save and except BLK 6822 LOT 139 W MAIN ;

Save and except 50X137 AVG. LOTS 140 & 141 W MAIN CITY BLOCK 6822 CO-DALLAS;

Save and except 50X137.4 AVG. LOTS 142 & 143 W MAIN CITY BLOCK 6822 ;

Save and except 50X137.5 AVG. LOTS 144 & 145 W MAIN ;

Save and except BLK 6822 LOTS 146 & 147 W MAIN ;

Save and except BLK 6822 LOT 148 AND W18 FT 149 W MAIN ;

Save and except BLK 6822 E 7FT LOT 149 W MAIN ;

Save and except BLK 6822 LOTS 150 AND 151 W MAIN ;

Save and except WEST WE GO BLK 6822 LOTS 152 & 153 VOL91138/0509 EX071291 CO-DALLAS;

Save and except 50X139.9 LOTS 154 & 155 W MAIN ;

Save and except BLK 6822 LOT 156 CO-DALLAS;

Save and except BLK 6822 S PT LTS 157 & 158 VOL84052 PG0284 CO-DALLAS;

Save and except BLK 6822 N PT LTS 157.1 & 158.1 WEST WE GO ADDN VOL 84052/0284 CO-DALLAS;

Save and except BLK 6822 PT LTS 159 & 160 ACS 0.0568 ;

Save and except BLK 6822 PT LTS 159 & 160 ACS 0.1096 INT20080047275 DD02052008 CO-DC;

Save and except BLK 6822 LTS 161 & 162 W MAIN ;

Save and except BLK 6822 LOTS 163 AND 164 W MAIN CO-DALLAS;

Save and except WEST WE GO BLK 6822 LOTS 165 & 166 CO-DALLAS;

Save and except 50X102.5 AVG. LOTS 167 & 168 W MAIN ;

Save and except BLK 6822 LTS 169 & 170 W MAIN ;

Save and except 62X105.5X103X115.5 LOTS 171 & 172 W MAIN ;

Save and except PT LOTS 174 AND 175 BECKLEY ;

Save and except LOTS 176 & 177 BECKLEY & W MAIN ;

Save and except LOTS 180 181 & 182 BECKLEY AVE VOL2005024/1424 DD01312005 CO-DC;

Save and except TRACT 1 2.6 ACRES N BECKLEY TO END OF BLK E 6823 ;

Save and except LOT 2 50X453 N BECKLEY ADJ BLK 6822 ;

Save and except BOMARS L H BLK C/6823 LTS 1,2 & E 25FT LT 3 ACS 0.331 VOL99033/2664 DD021599 CO-DC;

Save and except BOMARS L H BLK C/6823 LOT 4 & 37-1/2' LOT 3 W COMMERCE & WALES INT20070241282 DD06272007 CO-DC;

Save and except BOMARS L H BLK C/6823 LTS 5-8 ACS 1.1139 VOL99033/2664 DD02151999 CO-DC;

Save and except BLK D/6823 LOT 1 COMMERCE & WALES VOL2005131/10121 DD06292005 CO-DC;

Save and except BLK D/6823 LOT 2 COMMERCE VOL2005131/10121 DD06292005 CO-DC;

Save and except BOMARS L H LOTS 3 4 & 5 COMMERCE & HARDWICK VOL2005131/10121 DD06292005 CO-DC;

Save and except BOMARS L H LOT 6 HARDWICK VOL2005131/10121 DD06292005 CO-DC;

Save and except BLK D/6823 LOT 7 WALES VOL2005131/10121 DD06292005 CO-DC;

Save and except BLK D/6823 LOT 8 WALES VOL2005131/10121 DD06292005 CO-DC;

Save and except L H BOMARS WEST COMMERCE BLK E/6823 LOT 1 99.25X62.5X99.09X62.5 VOL89179/0883 EX080189 CO-DALLAS;

Save and except LK H BOMARS WEST COMMERCE BLK E/6823 LT 2 99.25X62.5X99.25X62.5 VOL2005045/10126 DD03042005 CO-DC;

Save and except LOT 2 345.9X138.7X232.4X95 N BECKLEY VOL2000246/1241 CO-DALLAS;

Save and except BLK 6824 TR 3 ACS 0.2234 VOL96210/0364 DD040596 CO-DALLAS;

Save and except BLK 7084 LOT 1 SINGLETON & AMONETTE CO-DALLAS;

Save and except MCNEIL W PT LOT 2-47X110 MCPHERSON 60FR AKRON ;

Save and except MCNEIL LOT 3 MCPHERSON INT200503577263 DD06102005 CO-DC;

Save and except BLK A/7085 LOT 4 INT20080027122 DOD05162006 CO-DC;

Save and except MCNEIL LOT 5 POE PROB06-3257-P;

Save and except MCNEIL BLK A/7085 LT 6 PROB 02-2756-P2 CO-DC;

Save and except MCNEIL BLK A/7085 LOT 7 VOL93182/2226 DD09181993 CO-DC;

Save and except MCNEIL BLK B/7085 LOT 2 VOL93105/2124 EX052793 CO-DLALAS;

Save and except BLK B/7085 LOT 3 CO-DALLAS;

Save and except MCNEIL LOT 4 POE VOL75210/0017 DD05131973 CO-DC;

Save and except MCNEIL BLK B/7085 LOT 5 VOL2002230/10785 DD11062002 CO-DC;

Save and except MCNEIL LOT 6 POE ;

Save and except MCNEIL LOTS 1 2 AND 3 MCPERSON VOL2002154/5575 DD07112002 CO-DC;

Save and except BLK C/7085 LOT 4 VOL2002154/5575 DD07112002 CO-DC;

Save and except BLK C/7085 LOT 5 VOL2002154/5575 DD07112002 CO-DC;

Save and except TR 3 100X100 AKRON 332.8FR BEEVILLE INT20080180513 DD05292008 CO-DC;

Save and except BLK 7087 LOT 1A BEDFORD & AMONETTE CO-DALLAS;

Save and except 07087 EPT3-42X115 BEDFORD VOL86020 PG2269 CO-DALLAS;

Save and except BLK 7087 NWPT 3 AND 4 58X65 BEDFORD ST VOL2000109/5762 DD06022000 CO-DC;

Save and except 07087 LOT 13 BEDFORD & HERBERT INT20070360634 DD09282007 CO-DC;

Save and except 07087 LOT 16 BEDFORD ST ;

Save and except BLK 7087 LOT 17 CO-DALLAS;

Save and except REEVES & KIRKPATRICK CEDAR GLADE BLK 7087 PT LT 48 ACS 0.1169 VOL83114/3104 CO-DALLAS;

Save and except BLK 7087 LTS 50-53; ABND ALLEY & LT 49 LESS ROW ACS 0.6369 VOL2002232/0058 DD09302002 CO-DC;

Save and except WELLINGTONS BLK A/7091 PT LTS 6-8 ACS 0.2968 INT20070206569 DD06042007 CO-DC;

Save and except BLK B/7091 LOT 8 TORONTO VOL02083/0594 DD072338 CO-DALLAS;

Save and except WELLINGTONS BLK B/7091 LT 9 7500 SF VOL99184/4416 DD092199 CO-DALLAS;

Save and except WELLINGTONS LOT 2 TORONTO ;

Save and except WELLINGTONS BLK C/7091 LT 4 VOL2005074/03650 DD04082005 CO-DC;

Save and except WELLINGTONS BLK C/7091 LOT 5 CO-DALLAS;

Save and except WELLINGTONS BLK C/7091 LT 6 VOL2005074/03650 DD04082005 CO-DC;

Save and except WELLINGTONS BLK C/7091 LT 7 VOL2005074/03650 DD04082005 CO-DC;

Save and except WELLINGTONS LOT 2 TORONTO ;

Save and except WELLINGTONS BLK D/7091 LT 7 VOL96237/6844 DD120396 CO-DALLAS;

Save and except VALLEY PARK BLK 7093 LTS 3 & 4 50X106 VOL 82114 PG 0309;

Save and except VALLEY PARK BLK 7093 S PT LTS 21 & 22 & 14' ABDN ALLEY ACS 0.0769 CALC VOL95117/0357 DD061295 CO-DALLAS;

Save and except BLK 7093 LOTS 25 THRU 28 BATAAN & TORONTO VO99113/4611 DD06101999 CO-DC;

Save and except VALLEY PARK BLK 7093 LOT 45 INST200503556093 DD09292005 CO-DC;

Save and except VALLEY PARK BLK 7093 LOT 46 INST200503556093 DD09292005 CO-DC;

Save and except VALLEY PARK BLK 7093 LOT 47 INST200503556093 DD09292005 CO-DC;

Save and except VALLEY PARK BLK 7093 LOT 48 INST200503556093 DD09292005 CO-DC;

Save and except THRU 52 53.33X100 07093 S PT 49 THRU 52 53.33X100 TURTLE CREEK & FAIRFIELD VOL85155 PG3105 CO-DALLAS;

Save and except CLOSE IN BLK 7094 LT 14 LESS ROW VOL2001177/05892 DD09072001 CO-DC;

Save and except CLOSE IN BLK 7094 LTS 15,16 & 17 VOL2001177/5892 DD09072001 CO-DC;

Save and except CLOSE IN BLK 7094 LT 18 VOL2001177/5892 DD09072001 CO-DC;

Save and except BLK 7094 LTS 19 THRU 26 PROB#10-050- VOL2004097/10681 DD05182004 CO-DC;

Save and except TIPTON LOT 6 SYLVAN VOL2002160/2621 CO-DC;

Save and except TIPTON LOT 7 SYLVAN 7560 SF VOL2002160/2621 CO-DC;

Save and except TIPTON BLK 4/7101 LOT 8 VOL90043/2762 EX021490 CO-DALLAS;

Save and except TIPTON LOTS 11 & 12 SYLVAN VOL2002119/2177 CO-DALLAS;

Save and except BLK 7266 TR 2 ACS 0.3371 VOL95037/1963 DD123194 CO-DALLAS;

Save and except BLK 7266 TR 3 125X150 SEC SINGLETON @TOPEKA ;

Save and except BLK 7266 TR 1 ACS 0.4523 VOL95037/1958 DD123194 CO-DALLAS;

Save and except BLK 7266 TR 5 & 7 ACS 2.006 VOL93166/4300 EX082393 CO-DALLAS;

Save and except BLK 7266 TR 4 ACS 0.7496 VOL99194/1601 DD092999 CO-DALLAS;

Save and except CANAL BLK 1/7267 LT 1 FABRICATION & SYLVAN VOL99230/4227 DD111699 CO-DALLAS;

Save and except CANAL BLK 1/7267 LT 2 VOL99230/4227 DD111699 CO-DALLAS;

Save and except CANAL LOT 3 FABRICATION ;

Save and except CANAL LOT 4 FABRICATION CO-DALLAS;

Save and except CANAL BLK 1/7267 LT 5 INT200600292324 DD08042006 CO-DC;

Save and except CANAL LOT 6 FABRICATION ;

Save and except CANAL LOT 7 FABRICATION & TOPEKA ;

Save and except CANAL LOT 1 SYLVAN AND FABRICATION VOL2001183/3502 D09042001 CO-DC;

Save and except CANAL LOT 2 SYLVAN VOL2001183/3502 D09042001 CO-DC;

Save and except CANAL LOT 3 SYLVAN ;

Save and except CANAL BLK 2/7267 LT 4 VOL72213/1782 DD10301972 CO-DC;

Save and except CANAL BLK 2/7267 LOT 5 INT20070042002 DD01262007 CO-DC;

Save and except CANAL LOT 6 SYLVAN & MUNCIE INT200600157597 DD04242006 CO-DC;

Save and except CANAL LOT 7 GILMER & MUNCIE ;

Save and except CANAL LOT 8 GILMER ;

Save and except CANAL BLK 2/7267 LOT 9 INT200600399981 DD10202006 CO-DC;

Save and except CANAL BLK 2/7267 LOT 10 GILMER INT20070311860 DD08132007 CO-DC;

Save and except CANAL LOT 11 GILMER VOL2001183/3502 D09042001 CO-DC;

Save and except CANAL BLK 2/7267 LOT 12 GILMER & FABRICATION VOL95031/1515 DD020995 CO-DALLAS;

Save and except CANAL BLK 3/7267 LOTS 1,2,3,4 & 5 GILMER & FABRICATION TO TOPEKA VOL2002048/5489 EX011492 CO-DC;

Save and except CANAL BLK 4/7267 LOTS 1-5 TOPEKA & FABRICATION TO YUMA VOL91074/1876 EX041191 CO-DALLAS;

Save and except CANAL N PT LOT 1 42.5X86 YUMA & FABRICATION INT200600117279 DD03011993 CO-DC;

Save and except CANAL S PT LOT 1 42.5X86 YUMA ;

Save and except CANAL BLK 5/7267 LOTS 2-3 & 4 INT200600117278 DD03011993 CO-DC;

Save and except CANAL BLK 5/7267 LOT 5 PARVIA AVE VOL90074/3060 EX041390 CO-DALLAS;

Save and except CANAL BLK 5/7267 LOT 8 VOL90067/3068 EX032390 CO-DALLAS;

Save and except ADDISON PARK BLK 1/7268 PT LTS 2 & 3 LESS ROW VOL86097 PG4052 CO-DALLAS;

Save and except ADDISON PARK BLK 1/7268 PT LTS 3 & 4 LESS ROW VOL86106 PG5575 CO-DALLAS;

Save and except ADDISON PARK BLK 2/7268 PT LOT 10 & PT ABND ALLEY ACS 0.0758 CO-DALLAS;

Save and except ADDISON PARK BLK 3/7268 PT LT 1 LESS ROW VOL2000070/1607 DD03232000 CO-DA;

Save and except ADDISON PARK BLK 3/7268 LT 3 ACS 0.055 VOL2002014/5008 DD12202001 CO-DC;

Save and except ADDISON PARK BLK 3/7268 LT 5 VOL2004154/9641 DD08042004 CO-DC;

Save and except ADDISON PARK BLK 3/7268 LTS 6 & 7 ACS 0.3144 INT20070321764 CO-DC;

Save and except ADDISON PARK BLK 3/7268 LT 8 INT20070321764 CO-DC;

Save and except ADDISON PARK BLK 3/7268 LT 9 INT20070321764 CO-DC;

Save and except ADDISON PARK BLK 3/7268 LT 10 VOL2001141/8301 DD07112001 CO-DC;

Save and except ADDISON PARK BLK 3/7268 LT 11 VOL2001141/8301 DD07112001 CO-DC;

Save and except ADDISON PARK BLK 3/7268 LT 12 VOL2001141/8301 DD07112001 CO-DC;

Save and except ADDISON PARK BLK 3/7268 LT 13 VOL2001141/8301 DD07112001 CO-DC;

Save and except ADDISON PARK BLK 3/7268 LT 14 S 1/2 VOL2000093/5568 DD05052000 CO-DC;

Save and except ADDISON PARK BLK 5/7268 LTS 4 & 5 BEDFORD & PARVIA VOL96252/5842 DD122396 CO-DALLAS;

Save and except TR 2 230X274.2 FABRICATION 141FR TOPEKA VOL98197/0863 DD09011998 CO-DC;

Save and except BLK 7269 TR 29K BEEVILLE & FABRICATION CO-DALLAS;

Save and except BLK 7269 TR 29-I LESS N 2.5FT BATAAN ;

Save and except TR 29 G BATAAN VOL88013/3721 EX011888 CO-DALLAS;

Save and except BLK 7269 TR 29-L 0.158 AC VOL95218/3609 DD110395 CO-DALLAS;

Save and except ABST 290 PG 265 BLK 7269 LOT 29H VOL87050/3226 DD030687 CO-DALLAS;

Save and except BLK 7269 TR 29 PROB00-3032-P CO-DC;

Save and except BLK 7269 TR 29F BATAAN & FABRICATION VOL2004033/1146 DD02062004 CO-DC;

Save and except BLK 7269 TR 29N BEEVILLE CO-DALLAS;

Save and except BLK 7270 TR 1.1 ACS 0.0711 FABRICATION 181.2FR BATAAN ST CO-DALLAS;

Save and except BLK 2/7270 PT BLK - 45X150 FABRICATION 85.8FR BATAAN VOL93151/7047 EX080493 CO-DALLAS;

Save and except C H BROOKS W DALLAS BLK 2/7270 PT LTS 2 & 3 ACS 0.32 VOL2004074/00502 DD03222004 CO-DC;

Save and except CH BROOKS WEST DALLAS BLK 2/7270 PT LTS 2&3 ACS 0.1021 37FT FROM BATAAN VOL93151/7053 DDD08041993 CO-DC;

Save and except CH BROOKS WEST DALLAS BLK 2/7270 PT LT 3 ACS 0.1679 VOL2004005/6618 DD11242003 CO-DC;

Save and except BLK 7270 PT LTS 5-10-11 & 12 VOL99105/0813 DD05201999 CO-DC;

Save and except C H BROOKS BLK 7270 LT 6 VOL99105/0813 DD05271999 CO-DC;

Save and except JACK SCOTT HOMESTEAD BLK 7270 LT 7 AT BURR VOL95087/1323 DD042595 CO-DALLAS;

Save and except JACK SCOTT HOMESTEAD BLK 2/7270 LOT 8 INT200600163089 DD04272006 CO-DC;

Save and except JACK SCOTT HOMESTEAD BLK 2/7270 LOT 9 FABRICATION & PARVIA INT200600163089 DD04272006 CO-DC;

Save and except JACK SCOTT HOMESTEAD BLK 2/7270 LOT 13 BURR TO PARVIA INT20060016089 DD04272006 CO-DC;

Save and except ROBERTS & WRIGHTS BLK B/6820 LT 5 & PT LTS 4,6 & 7 ACS 0.6270 INT 200600445344 DD10172006 CO-DC;

Save and except ROBERTS & WRIGHT BLK B/6820 LT 7 & PT LT 6 ACS 0.1315 INT20080187701 DD06032008 CO-DC;

Save and except WESTCOM SUBDIVISION BLK 6821 LT 22A ACS 2.025 VOL85161 PG3409 CO-DALLAS;

Save and except WESTCOM SUBDIVISION BLK 6821 LT 23A ACS 1.837 VOL87145 PG1691 CO-DALLAS;

Save and except WEST WE GO BLK 6822 LTS 28-30 & PT 31 VOL94197/1276 DD100594 CO-DALLAS;

Save and except HUGHES BLK 6822 LT 61A ACS 0.1988 VOL2005091/1924 DD04072005 CO-DC;

Save and except MIRZAIE LT 87A ACS 1.023 VOL2000198/3103 DD09292000 CO-DC;

Save and except WEST LEVEE SUBSTATION BLK 7084 LOT 2 ACS 4.8904 ;

Save and except TIPTON ADDITION BLK 4/7101 LT 9A ACS 0.296 VOL2001177/5892 DD09072001 CO-DC;

Save and except HUERTA BLK 4/7268 LT 1A ACS 0.4038 VOL2000173/6749 DD08162000 CO-DC;

Save and except HUERTA BLK 4/7268 LT 2A ACS 0.7762 VOL2000173/6749 DD08162000 CO-DC;

Save and except 5.43 MILES OF CORRIDOR DALLAS CITY ONLY 5.43 MILES RR CORRIDOR DALLAS;

(b) The following separately described parcels are also included as a part of and within the District:

ELHOGAR MEXICAN BLK 3/7089 W PT LT 3 40X74.8X48.5X44.3 INT20070296211 DD08082007 CO-DC;

ELHOGAR MEXICAN BLK 3/7089 W PT 4 40X103.2X48.5X74.8 INT20070296211 DD08082007 CO-DC;

ELHOGAR MEXICAN W PT 5 40X131X47.5X103.2 GULDEN INT20070144477 DD04202007 CO-DC;

EL HOGAR-MEXICANA BLK 3/7089 W PT LOT 7 40X182X49X156 GULDEN INT20070012261 DD01042007 CO-DC;

EL LUGAR MEXICNA LOT 11 PASTOR 11/70892 INT20080065923 DD02182008 CO-DC;

MAC ARTHUR HEIGHTS LOT 8 GUAM INT20080065904 DD02262008 CO-DC;

EL HAGAR MECICANA BLK 1/7089 LOT 16 INT20080065904 DD02262008 CO-DC;

BRANTLEY C M BLK A/7105 LOT 16 OBENCHAIN INT20070335018 DD09122007 CO-DC;

WEST END BY Z E COOMBS BLK 3/7265 LT 11 INT20080153903 DD05082008 CO-DC;

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, the lieutenant governor, and the 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 are 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, 2009.

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