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A BILL TO BE ENTITLED
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relating to the creation of the Oak Farms Municipal Management |
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District; providing authority to issue bonds; providing authority |
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to impose assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3983 to read as follows: |
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CHAPTER 3983. OAK FARMS MUNICIPAL MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3983.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Dallas. |
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(3) "Director" means a board member. |
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(4) "District" means the Oak Farms Municipal |
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Management District. |
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Sec. 3983.0102. NATURE OF DISTRICT. The Oak Farms |
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Municipal Management District is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3983.0103. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. |
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(b) By creating the district and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(c) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, affordable housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(d) This chapter and the creation of the district may not be |
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interpreted to relieve the city from providing the level of |
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services provided as of the effective date of the Act enacting this |
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chapter to the area in the district. The district is created to |
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supplement and not to supplant city services provided in the |
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district. |
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Sec. 3983.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) All land and other property included in the district will |
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benefit from the improvements and services to be provided by the |
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district under powers conferred by Sections 52 and 52-a, Article |
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III, and Section 59, Article XVI, Texas Constitution, and other |
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powers granted under this chapter. |
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(b) The district is created to serve a public use and |
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benefit. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; |
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(3) promoting the development of affordable housing; |
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and |
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(4) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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(4) promote the development of affordable housing in |
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the district; and |
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(5) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3983.0105. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bonds for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bonds; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3983.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; or |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code. |
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Sec. 3983.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3983.0108. CONSTRUCTION OF CHAPTER. This chapter |
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shall be liberally construed in conformity with the findings and |
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purposes stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3983.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors who serve staggered |
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terms of four years. |
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(b) Directors are elected in the manner provided by |
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Subchapter D, Chapter 49, Water Code. |
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Sec. 3983.0202. COMPENSATION; EXPENSES. (a) The district |
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may compensate each director in an amount not to exceed $150 for |
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each board meeting. The total amount of compensation for each |
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director in one year may not exceed $7,200. |
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(b) A director is entitled to reimbursement for necessary |
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and reasonable expenses incurred in carrying out the duties and |
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responsibilities of the board. |
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Sec. 3983.0203. INITIAL DIRECTORS. (a) The initial board |
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consists of the following directors: |
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Pos. No. |
Name of Director |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one through three expire June 1, 2021, and |
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the terms of directors appointed for positions four and five expire |
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June 1, 2023. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3983.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3983.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
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district, using any money available to the district for the |
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purpose, may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service authorized under this chapter or Chapter 375, Local |
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Government Code. |
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(b) The district may contract with a governmental or private |
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entity to carry out an action under Subsection (a). |
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(c) The implementation of a district project or service is a |
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governmental function or service for the purposes of Chapter 791, |
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Government Code. |
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Sec. 3983.0303. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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Sec. 3983.0304. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with a qualified party, |
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including the city, to provide law enforcement services in the |
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district for a fee. |
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Sec. 3983.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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The district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3983.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may engage in activities that accomplish the economic |
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development purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers provided to |
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municipalities by: |
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(1) Chapter 380, Local Government Code; and |
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(2) Subchapter A, Chapter 1509, Government Code. |
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Sec. 3983.0307. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The district's parking facilities are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3983.0308. ADDING OR EXCLUDING LAND. The district may |
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add or exclude land in the manner provided by Subchapter J, Chapter |
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49, Water Code, or by Subchapter H, Chapter 54, Water Code. |
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Sec. 3983.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of district money. |
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Sec. 3983.0310. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. ASSESSMENTS |
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Sec. 3983.0401. PETITION REQUIRED FOR FINANCING SERVICES |
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AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for the county. |
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Sec. 3983.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3983.0501. TAX ELECTION REQUIRED. The district must |
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hold an election in the manner provided by Chapter 49, Water Code, |
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or, if applicable, Chapter 375, Local Government Code, to obtain |
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voter approval before the district may impose an ad valorem tax. |
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Sec. 3983.0502. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
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election under Section 3983.0501, the district may impose an |
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operation and maintenance tax on taxable property in the district |
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in the manner provided by Section 49.107, Water Code, for any |
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district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the operation and maintenance |
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tax rate. The rate may not exceed the rate approved at the |
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election. |
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Sec. 3983.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
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terms determined by the board. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from ad valorem taxes, |
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assessments, impact fees, revenue, contract payments, grants, or |
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other district money, or any combination of those sources of money, |
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to pay for any authorized district purpose. |
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Sec. 3983.0504. BONDS SECURED BY REVENUE OR CONTRACT |
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PAYMENTS. The district may issue, without an election, bonds |
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secured by: |
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(1) revenue other than ad valorem taxes, including |
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contract revenues; or |
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(2) contract payments, provided that the requirements |
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of Section 49.108, Water Code, have been met. |
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Sec. 3983.0505. BONDS SECURED BY AD VALOREM TAXES; |
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ELECTIONS. (a) If authorized at an election under Section |
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3983.0501, the district may issue bonds payable from ad valorem |
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taxes. |
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(b) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(c) At the time the district issues bonds payable wholly or |
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partly from ad valorem taxes, the board shall provide for the annual |
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imposition of a continuing direct annual ad valorem tax, without |
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limit as to rate or amount, for each year that all or part of the |
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bonds are outstanding as required and in the manner provided by |
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Sections 54.601 and 54.602, Water Code. |
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(d) All or any part of any facilities or improvements that |
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may be acquired by a district by the issuance of its bonds may be |
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submitted as a single proposition or as several propositions to be |
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voted on at the election. |
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Sec. 3983.0506. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT |
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UNDER AGREEMENT. If the improvements financed by an obligation |
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will be conveyed to or operated and maintained by a municipality or |
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retail utility provider pursuant to an agreement between the |
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district and the municipality or retail utility provider entered |
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into before the issuance of the obligation, the obligation may be in |
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the form of bonds, notes, or other obligations payable wholly or |
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partly from assessments, issued by public or private sale, in the |
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manner provided by Subchapter A, Chapter 372, Local Government |
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Code. |
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Sec. 3983.0507. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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board may not issue bonds until each municipality in whose |
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corporate limits or extraterritorial jurisdiction the district is |
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located has consented by ordinance or resolution to the creation of |
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the district and to the inclusion of land in the district. |
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(b) This section applies only to the district's first |
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issuance of bonds payable from ad valorem taxes. |
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SUBCHAPTER I. DISSOLUTION |
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Sec. 3983.0901. DISSOLUTION. (a) The board shall dissolve |
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the district on written petition filed with the board by the owners |
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of: |
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(1) 66 percent or more of the assessed value of the |
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property subject to assessment by the district based on the most |
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recent certified county property tax rolls; or |
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(2) 66 percent or more of the surface area of the |
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district, excluding roads, streets, highways, utility |
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rights-of-way, other public areas, and other property exempt from |
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assessment by the district according to the most recent certified |
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county property tax rolls. |
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(b) The board by majority vote may dissolve the district at |
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any time. |
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(c) The district may not be dissolved by its board under |
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Subsection (a) or (b) if the district: |
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(1) has any outstanding debt until that debt has been |
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repaid or defeased in accordance with the order or resolution |
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authorizing the issuance of the debt; |
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(2) has a contractual obligation to pay money until |
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that obligation has been fully paid in accordance with the |
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contract; or |
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(3) owns, operates, or maintains public works, |
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facilities, or improvements unless the district contracts with |
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another person for the ownership and operation or maintenance of |
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the public works, facilities, or improvements. |
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(d) Sections 375.261, 375.262, and 375.264, Local |
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Government Code, do not apply to the district. |
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SECTION 2. The Oak Farms Municipal Management District |
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initially includes all territory contained in the following area: |
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TRACT 1: |
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DESCRIPTION, of a 35,831 square foot (0.823 acre) tract of land |
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situated in the Elizabeth Robertson Survey, Abstract No. 1211, |
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Dallas County, Texas; said tract being part of Block 22, Original |
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Town of Oak Cliff, an addition to the City of Dallas, Texas |
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according to the plat recorded in Volume 89, Page 1 of the Deed |
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Records of Dallas County, Texas, transcribed in Volume 3, Page 516 |
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of the Map Records of Dallas County, Texas: said tract being all of |
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those certain tracts of land described in Special Warranty Deeds to |
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IC PROPERTIES, LLC recorded in Instrument No. 201400176345 and |
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201500053432 both of the Official Public Records of Dallas County, |
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Texas; said 35,831 square foot (0.823 acre) tract being more |
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particularly described as follows: |
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BEGINNING, at a point for corner at the intersection of the south |
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right-of-way line of Addison Street (a 40-foot wide right-of-way) |
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and the east right-of-way line of North Marsalis Avenue (a 80-foot |
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wide right-of-way); |
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THENCE, South 89 degrees, 56 minutes, 37 seconds East, along the |
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said south line of Addison Street, a distance of 183.75 feet to a |
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point for corner at the intersection of said south line of Addison |
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Street and the west line of a 20-foot wide alley dedicated on said |
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Original Town of Oak Cliff addition; |
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THENCE, South 00 degrees, 00 minutes, 33 seconds East, along the |
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said west line of the 20-foot alley, a distance of 195.00 feet to a |
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point for corner; said point being the northeast corner of that |
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certain tract of land described in Special Warranty Deed to Tony L. |
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Malone recorded in Volume 97108, Page 3191 of said Deed Records; |
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THENCE, North 89 degrees, 56 minutes, 37 seconds West, departing |
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the said west line of the 20-foot alley and along the north line of |
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said Tony L. Malone tract, a distance of 183.75 feet to a point for |
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corner in the said east line of North Marsalis Avenue; said point |
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being the northwest corner of said Tony L. Malone tract; |
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THENCE, North 00 degrees, 00 minutes, 33 seconds West, along the |
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said east line of North Marsalis Avenue, a distance of 195.00 feet |
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to the POINT OF BEGINNING; |
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CONTAINING: 35,831 square feet or 0.823 acres of land, more or less. |
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TRACT 2: |
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DESCRIPTION, of a 1.655 acre tract of land situated in the Elizabeth |
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Robertson Survey, Abstract No. 1211, Dallas County, Texas; said |
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tract being part of Block 22, Original Town of Oak Cliff, an |
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addition to the City of Dallas, Texas according to the plat recorded |
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in Volume 89, Page 1 of the Deed Records of Dallas County, Texas, |
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transcribed in Volume 3, Page 516 of the Map Records of Dallas |
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County, Texas: said tract being all of those certain tracts of land |
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described in Special Warranty Deeds to IC PROPERTIES, LLC recorded |
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in Instrument No. 201400176705 and 201400164524, 201400177468, |
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201400176345, 201400186992 all of the Official Public Records of |
|
Dallas County Texas; said 1.655 acre tract being more particularly |
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described as follows: |
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BEGINNING, at a point for corner; said point being the north end of |
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a right-of-way corner clip at the intersection of the west |
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right-of-way line of North Lancaster Avenue (a 60-foot wide |
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right-of-way) and the north right-of-way line of East Colorado |
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Boulevard (a variable width right-of-way); |
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THENCE, South 45 degrees, 00 minutes, 06 seconds West, along said |
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corner clip a distance of 14.14 feet to a point for corner on the |
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said north line of said East Colorado Boulevard; |
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THENCE, along the said north line of East Colorado Boulevard the |
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following three (3) calls: |
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North 89 degrees, 59 minutes, 15 seconds West, a distance of 65.00 |
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feet to a point for corner; said point being an offset in the said |
|
north line on East Colorado Boulevard; |
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South 00 degrees, 00 minutes, 33 seconds East, along said offset a |
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distance of 5.00 feet to a point for corner; |
|
North 89 degrees, 59 minutes, 15 seconds West, a distance of 108.75 |
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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; |
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THENCE, North 00 degrees, 00 minutes, 33 seconds West, along the |
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said east line of the 20-foot alley, a distance of 394.73 feet to a |
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point for corner at the intersection of the south line of Addison |
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Street (a 40-foot wide right-of-way) and the said east line of the |
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20-foot alley; |
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THENCE, South 89 degrees, 56 minutes, 37 seconds East, along the |
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said south line of Addison Street, a distance of 183.75 feet to a |
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point for corner at the intersection of the said west line of North |
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Lancaster Avenue and the said south line of Addison Street; |
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THENCE, South 00 degrees, 00 minutes, 33 seconds East, along the |
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said west line of North Lancaster Avenue, a distance of 379.59 feet |
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to the POINT OF BEGINNING; |
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CONTAINING: 72,094 square feet or 1.655 acres of land, more or less. |
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TRACT 3: |
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DESCRIPTION, of a 1.884 acre tract of land situated in the Elizabeth |
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Robertson Survey, Abstract No. 1211, Dallas County, Texas; said |
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tract being part of Block 35/3016 and 34/3015, Original Town of Oak |
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Cliff, an addition to the City of Dallas, Texas according to the |
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plat recorded in Volume 89, Page 1, transcribed to Volume 3, Page |
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517 of the Deed Records of Dallas County, Texas; said tract also |
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being all of the certain tract of land described as "Tract 1" in |
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Special Warranty Deed to IC Properties II, LLC recorded in |
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Instrument No. 201400254038 of the Official Public Records of |
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Dallas County, Texas; said 1.884 acre tract being more particularly |
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described as follows: |
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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 |
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R.L. Thornton Freeway (IH 35, a variable width right-of-way) and |
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the south right-of-way line of Colorado Boulevard (a variable width |
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right-of-way); said point also being the beginning of a curve to the |
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left; |
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THENCE, in a southerly direction departing said corner clip, along |
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the said west line of R.L. Thornton Freeway and along said curve to |
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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 |
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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. |
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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. |