Bill Text: TX HB3874 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the creation of Rock Prairie Management District No. 2; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2013-06-14 - Effective immediately [HB3874 Detail]
Download: Texas-2013-HB3874-Enrolled.html
H.B. No. 3874 |
|
||
relating to the creation of Rock Prairie Management District No. 2; | ||
providing authority to issue bonds; providing authority to impose | ||
assessments, fees, or taxes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 4, Special District Local Laws | ||
Code, is amended by adding Chapter 3909 to read as follows: | ||
CHAPTER 3909. ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3909.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of College Station. | ||
(3) "County" means Brazos County. | ||
(4) "Director" means a board member. | ||
(5) "District" means the Rock Prairie Management | ||
District No. 2. | ||
Sec. 3909.002. NATURE OF DISTRICT. The Rock Prairie | ||
Management District No. 2 is a special district created under | ||
Section 59, Article XVI, Texas Constitution. | ||
Sec. 3909.003. PURPOSE; DECLARATION OF INTENT. (a) The | ||
creation of the district is essential to accomplish the purposes of | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution, and other public purposes stated in this | ||
chapter. By creating the district and in authorizing the city, the | ||
county, 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, and the public | ||
welfare in the district. | ||
(c) This chapter and the creation of the district may not be | ||
interpreted to relieve the city or the county from providing the | ||
level of services provided as of the effective date of the Act | ||
enacting this chapter to the area in the district. The district is | ||
created to supplement and not to supplant city or county services | ||
provided in the district. | ||
Sec. 3909.004. 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; and | ||
(3) developing or expanding transportation and | ||
commerce. | ||
(d) The district will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, potential employees, employees, visitors, | ||
and consumers in the district, and of the public; | ||
(2) provide needed funding for the district to | ||
preserve, maintain, and enhance the economic health and vitality of | ||
the district territory as a community and business center; | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing pedestrian ways and by landscaping and | ||
developing certain areas in the district, which are necessary for | ||
the restoration, preservation, and enhancement of scenic beauty; | ||
and | ||
(4) provide for water, wastewater, drainage, road, and | ||
recreational facilities for the district. | ||
(e) Pedestrian ways along or across a street, whether at | ||
grade or above or below the surface, and street lighting, street | ||
landscaping, parking, and street art objects are parts of and | ||
necessary components of a street and are considered to be a street | ||
or road improvement. | ||
(f) The district will not act as the agent or | ||
instrumentality of any private interest even though the district | ||
will benefit many private interests as well as the public. | ||
Sec. 3909.005. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on the bond; | ||
(3) right to impose or collect an assessment or tax; or | ||
(4) legality or operation. | ||
Sec. 3909.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||
All or any part of the area of the district is eligible to be | ||
included in: | ||
(1) a tax increment reinvestment zone created under | ||
Chapter 311, Tax Code; | ||
(2) a tax abatement reinvestment zone created under | ||
Chapter 312, Tax Code; | ||
(3) an enterprise zone created under Chapter 2303, | ||
Government Code; or | ||
(4) an industrial district created under Chapter 42, | ||
Local Government Code. | ||
Sec. 3909.007. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3909.008. CONSTRUCTION OF CHAPTER. This chapter shall | ||
be liberally construed in conformity with the findings and purposes | ||
stated in this chapter. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3909.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five voting directors who serve staggered | ||
terms of four years, with two or three directors' terms expiring | ||
June 1 of each odd-numbered year. | ||
(b) The board by resolution may change the number of voting | ||
directors on the board if the board determines that the change is in | ||
the best interest of the district and the change is approved by the | ||
city. The board may not consist of fewer than 5 or more than 15 | ||
voting directors. | ||
Sec. 3909.052. RECOMMENDATIONS FOR SUCCEEDING BOARD. (a) | ||
Each board of directors, including the initial board, shall | ||
recommend to the governing body of the city persons to serve on the | ||
succeeding board. | ||
(b) The governing body of the city shall review the | ||
recommendations and approve or disapprove the directors | ||
recommended by the board. A person is appointed if a majority of the | ||
members of the governing body and the mayor vote to appoint that | ||
person. | ||
(c) If the governing body of the city is not satisfied with | ||
the recommendations submitted by the board and does not vote to | ||
approve the recommended board members, the board, on the request of | ||
the governing body, shall submit to the governing body additional | ||
recommendations. If, after the second submission of | ||
recommendations, the governing body does not vote to approve the | ||
additional recommendations of the board, the governing body may | ||
appoint persons who were not recommended to serve on the succeeding | ||
board. | ||
(d) Board members may serve successive terms. | ||
(e) If a provision of Subsections (a)-(d) is found to be | ||
invalid, the Texas Commission on Environmental Quality shall | ||
appoint the board from recommendations submitted by the | ||
then-current board. | ||
Sec. 3909.053. NONVOTING DIRECTORS. The board may appoint | ||
nonvoting directors to serve at the pleasure of the voting | ||
directors. | ||
Sec. 3909.054. QUORUM. For purposes of determining the | ||
requirements for a quorum of the board, the following are not | ||
counted: | ||
(1) a board position vacant for any reason, including | ||
death, resignation, or disqualification; | ||
(2) a director who is abstaining from participation in | ||
a vote because of a conflict of interest; or | ||
(3) a nonvoting director. | ||
Sec. 3909.055. INITIAL VOTING DIRECTORS. (a) The mayor and | ||
the members of the governing body of the city shall appoint initial | ||
voting directors by position. A person is appointed if a majority | ||
of the members of the governing body and the mayor vote to appoint | ||
that person. | ||
(b) Of the initial directors, the terms of directors | ||
appointed for positions one through three expire June 1, 2015, and | ||
the terms of directors appointed for positions four and five expire | ||
June 1, 2017. | ||
(c) Section 3909.052 does not apply to this section. | ||
(d) This section expires September 1, 2017. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3909.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3909.102. IMPROVEMENT PROJECTS AND SERVICES. The | ||
district may provide, design, construct, acquire, improve, | ||
relocate, operate, maintain, or finance an improvement project or | ||
service using any money available to the district, or contract with | ||
a governmental or private entity to provide, design, construct, | ||
acquire, improve, relocate, operate, maintain, or finance an | ||
improvement project or service authorized under this chapter or | ||
Chapter 375, Local Government Code. | ||
Sec. 3909.103. DEVELOPMENT CORPORATION POWERS. The | ||
district, using money available to the district, may exercise the | ||
powers given to a development corporation under Chapter 505, Local | ||
Government Code, including the power to own, operate, acquire, | ||
construct, lease, improve, or maintain a project under that | ||
chapter. | ||
Sec. 3909.104. NONPROFIT CORPORATION. (a) The board by | ||
resolution may authorize the creation of a nonprofit corporation to | ||
assist and act for the district in implementing a project or | ||
providing a service authorized by this chapter. | ||
(b) The nonprofit corporation: | ||
(1) has each power of and is considered to be a local | ||
government corporation created under Subchapter D, Chapter 431, | ||
Transportation Code; and | ||
(2) may implement any project and provide any service | ||
authorized by this chapter. | ||
(c) The board shall select directors from the board to serve | ||
as the board of directors of the nonprofit corporation. The board | ||
may appoint one or more persons who are not directors to the board | ||
of directors of the nonprofit corporation if the governing body of | ||
the city determines that the appointment is in the best interest of | ||
the district. The board of directors of the nonprofit corporation | ||
shall serve in the same manner as the board of directors of a local | ||
government corporation created under Subchapter D, Chapter 431, | ||
Transportation Code, except that a board member is not required to | ||
reside in the district. | ||
Sec. 3909.105. AGREEMENTS; GRANTS. (a) As provided by | ||
Chapter 375, Local Government Code, the district may make an | ||
agreement with or accept a gift, grant, or loan from any person. | ||
(b) The implementation of a project is a governmental | ||
function or service for the purposes of Chapter 791, Government | ||
Code. | ||
Sec. 3909.106. LAW ENFORCEMENT SERVICES. To protect the | ||
public interest, the district may contract with a qualified party, | ||
including the county or the city, to provide law enforcement | ||
services in the district for a fee. | ||
Sec. 3909.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The | ||
district may join and pay dues to a charitable or nonprofit | ||
organization that performs a service or provides an activity | ||
consistent with the furtherance of a district purpose. | ||
Sec. 3909.108. ECONOMIC DEVELOPMENT. (a) The district may | ||
engage in activities that accomplish the economic development | ||
purposes of the district. | ||
(b) The district may establish and provide for the | ||
administration of one or more programs to promote state or local | ||
economic development and to stimulate business and commercial | ||
activity in the district, including programs to: | ||
(1) make loans and grants of public money; and | ||
(2) provide district personnel and services. | ||
(c) The district may create economic development programs | ||
and exercise the economic development powers provided to | ||
municipalities by: | ||
(1) Chapter 380, Local Government Code; and | ||
(2) Subchapter A, Chapter 1509, Government Code. | ||
Sec. 3909.109. PARKING FACILITIES. (a) The district may | ||
acquire, lease as lessor or lessee, construct, develop, own, | ||
operate, and maintain parking facilities or a system of parking | ||
facilities, including lots, garages, parking terminals, or other | ||
structures or accommodations for parking motor vehicles off the | ||
streets and related appurtenances. | ||
(b) The district's parking facilities serve the public | ||
purposes of the district and are owned, used, and held for a public | ||
purpose even if leased or operated by a private entity for a term of | ||
years. | ||
(c) The district's parking facilities are parts of and | ||
necessary components of a street and are considered to be a street | ||
or road improvement. | ||
(d) The development and operation of the district's parking | ||
facilities may be considered an economic development program. | ||
Sec. 3909.110. ANNEXATION OF LAND. The district may annex | ||
land as provided by Subchapter J, Chapter 49, Water Code. | ||
Sec. 3909.111. APPROVAL BY CITY. (a) Except as provided by | ||
Subsection (c), the district must obtain the approval of the city | ||
for: | ||
(1) the issuance of bonds; | ||
(2) the plans and specifications of an improvement | ||
project financed by bonds; and | ||
(3) the plans and specifications of an improvement | ||
project related to the use of land owned by the city, an easement | ||
granted by the city, or a right-of-way of a street, road, or | ||
highway. | ||
(b) The district may not issue bonds until the governing | ||
body of the city adopts a resolution or ordinance authorizing the | ||
issuance of the bonds. | ||
(c) If the district obtains the approval of the governing | ||
body of the city of a capital improvements budget for a period not | ||
to exceed 10 years, the district may finance the capital | ||
improvements and issue bonds specified in the budget without | ||
further approval from the city. | ||
(d) The governing body of the city: | ||
(1) is not required to adopt a resolution or ordinance | ||
to approve plans and specifications described by Subsection (a); | ||
and | ||
(2) may establish an administrative process to approve | ||
plans and specifications described by Subsection (a) without the | ||
involvement of the governing body. | ||
Sec. 3909.112. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3909.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||
board by resolution shall establish the number of directors' | ||
signatures and the procedure required for a disbursement or | ||
transfer of district money. | ||
Sec. 3909.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||
The district may acquire, construct, finance, operate, or maintain | ||
any improvement or service authorized under this chapter or Chapter | ||
375, Local Government Code, using any money available to the | ||
district. | ||
Sec. 3909.153. PETITION REQUIRED FOR FINANCING SERVICES AND | ||
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a | ||
service or improvement project with assessments under this chapter | ||
unless a written petition requesting that service or improvement | ||
has been filed with the board. | ||
(b) A petition filed under Subsection (a) must be signed by | ||
the owners of a majority of the assessed value of real property in | ||
the district subject to assessment according to the most recent | ||
certified tax appraisal roll for the county. | ||
Sec. 3909.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | ||
The board by resolution may impose and collect an assessment for any | ||
purpose authorized by this chapter in all or any part of the | ||
district. | ||
(b) An assessment, a reassessment, or an assessment | ||
resulting from an addition to or correction of the assessment roll | ||
by the district, penalties and interest on an assessment or | ||
reassessment, an expense of collection, and reasonable attorney's | ||
fees incurred by the district: | ||
(1) are a first and prior lien against the property | ||
assessed; | ||
(2) are superior to any other lien or claim other than | ||
a lien or claim for county, school district, or municipal ad valorem | ||
taxes; and | ||
(3) are the personal liability of and a charge against | ||
the owners of the property even if the owners are not named in the | ||
assessment proceedings. | ||
(c) The lien is effective from the date of the board's | ||
resolution imposing the assessment until the date the assessment is | ||
paid. The board may enforce the lien in the same manner that the | ||
board may enforce an ad valorem tax lien against real property. | ||
(d) The board may make a correction to or deletion from the | ||
assessment roll that does not increase the amount of assessment of | ||
any parcel of land without providing notice and holding a hearing in | ||
the manner required for additional assessments. | ||
Sec. 3909.155. EXEMPTIONS. Section 375.162, Local | ||
Government Code, does not apply to an organization exempt from | ||
federal income tax under Section 501(a), Internal Revenue Code of | ||
1986, by being described by Section 501(c)(3) of that code, | ||
operating in the district. The organization is not exempt from | ||
paying a district assessment. | ||
Sec. 3909.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||
375.161, Local Government Code, does not apply to a tax authorized | ||
or approved by the voters of the district or a required payment for | ||
a service provided by the district, including water and sewer | ||
services. | ||
Sec. 3909.157. TAX AND ASSESSMENT ABATEMENT. The district | ||
may designate reinvestment zones and may grant abatements of | ||
district taxes or assessments on property in the zones. | ||
SUBCHAPTER E. TAXES AND BONDS | ||
Sec. 3909.201. ELECTIONS REGARDING TAXES AND BONDS. (a) | ||
The district may issue, without an election, bonds, notes, and | ||
other obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section 3909.203. | ||
(b) The district must hold an election in the manner | ||
provided by Subchapter L, Chapter 375, Local Government Code, to | ||
obtain voter approval before the district may impose an ad valorem | ||
tax or issue bonds payable from ad valorem taxes. | ||
(c) Section 375.243, Local Government Code, does not apply | ||
to the district. | ||
(d) All or any part of any facilities or improvements that | ||
may be acquired by a district by the issuance of its bonds may be | ||
submitted as a single proposition or as several propositions to be | ||
voted on at the election. | ||
Sec. 3909.202. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized by a majority of the district voters voting at an | ||
election held in accordance with Section 3909.201, the district may | ||
impose an operation and maintenance tax on taxable property in the | ||
district in accordance with Section 49.107, Water Code, for any | ||
district purpose, including to: | ||
(1) maintain and operate the district; | ||
(2) construct or acquire improvements; or | ||
(3) provide a service. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
Sec. 3909.203. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
Sec. 3909.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS | ||
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms | ||
determined by the board. | ||
(b) The district may issue bonds, notes, or other | ||
obligations payable wholly or partly from ad valorem taxes, | ||
assessments, impact fees, revenue, contract payments, grants, or | ||
other district money, or any combination of those sources of money, | ||
to pay for any authorized district purpose. | ||
Sec. 3909.205. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct annual ad valorem tax, without limit as to rate or amount, | ||
for each year that all or part of the bonds are outstanding as | ||
required and in the manner provided by Sections 54.601 and 54.602, | ||
Water Code. | ||
Sec. 3909.206. CITY NOT REQUIRED TO PAY DISTRICT | ||
OBLIGATIONS. Except as provided by Section 375.263, Local | ||
Government Code, the city is not required to pay a bond, note, or | ||
other obligation of the district. | ||
SECTION 2. Rock Prairie Management District No. 2 initially | ||
includes all territory contained in the following area: | ||
All that certain tract or parcel of land lying and being | ||
situated in the Thomas Caruthers league (abstract no. 9) and Robert | ||
Stevenson league (abstract no. 54) in College Station, Brazos | ||
County, Texas, generally being the area between State Highway no. 6 | ||
and Rock Prairie Road East, from Medical Avenue to William D. Fitch | ||
Parkway, save and except all of Lot 1, Rock Prairie Baptist Church | ||
(vol. 7312, pg. 207) lying south of the south right-of-way of Rock | ||
Prairie Road East, and the boundary being more particularly | ||
described as follows: | ||
Beginning at the intersection of the south right-of-way line | ||
of Rock Prairie Road East (60 feet south of surveyed centerline) and | ||
the east boundary of Block 7 of the Scott & White Healthcare | ||
Subdivision (vol. 10179, pg. 50), being the northeast corner of Lot | ||
1, Block 7 of said subdivision, and from where City of College | ||
Station GPS control monument no. 9 bears S 82° 02' 35" E - 7016.5 | ||
feet. | ||
Thence N 2 ° 42' 34" W - 120.04 feet along an extension of the | ||
said east boundary line of Block 7, to a point in the north | ||
right-of-way line of Rock Prairie Road East; | ||
Thence along the north right-of-way lines of Rock Prairie | ||
Road East (59.0 feet north of the surveyed centerline) as follows: | ||
S 86° 27' 34" E - 1771.13 feet, S 85° 02' 05" E - 1228.54 | ||
feet and S 84° 23' 02" E - 10.29 feet to a right-of-way offset point | ||
in the common line of the Dale and Reba Conrad 26.25 acre tract | ||
(vol. 460, pg. 505) and the Flying Ace Ranch, Ltd. 26.245 acre tract | ||
(vol. 3767, pg. 237); | ||
Thence S 24° 22' 52" W - 1.58 feet along said common tract line | ||
to another offset point in the north right-of-way line of Rock | ||
Prairie Road East; | ||
Thence along the north right-of-way lines of Rock Prairie | ||
Road East (57.5 feet north of the surveyed centerline) as follows: | ||
S 84° 23' 02" E - 606.93 feet, S 82° 02' 02" E - 1453.40 | ||
feet, S 77° 01' 02" E - 1052.59 feet, S 76° 28' 02" E - 2876.58 feet, | ||
S 69° 53' 32" E - 2812.30 feet to the beginning of a tangent curve to | ||
the right with a radius of 1057.50 feet, along said curve through a | ||
central angle of 11° 43' 34" to a point in the old northeast | ||
prescriptive right-of-way fenceline, and S 69° 17' 50" E - 269.35 | ||
feet along said fenceline to the southeast line of the Hartzell | ||
Elkins 35.37 acre tract (vol. 1920, pg. 323) and northwest line of | ||
William D. Fitch Parkway; | ||
Thence across Rock Prairie Road East as follows: | ||
S 42° 32' 30" W - 32.00 feet to the south corner of said | ||
Elkins tract, called to be in the centerline of the road, S 19° 52' | ||
04" W - 36.01 feet to the east corner of the College Station | ||
Independent School District 44.535 acre tract (vol. 8413, pg. 291) | ||
at the old right-of-way fence corner post, and S 41° 51' 48" W - | ||
170.08 feet along the southeast line of said C.S.I.S.D. tract and | ||
northwest line of Fitch Parkway to its intersection with the south | ||
right-of-way chamfer of Rock Prairie Road East; | ||
Thence along the south right-of-way lines of Rock Prairie | ||
Road East (57.5 feet south of the surveyed centerline) as follows: | ||
N 5° 38' 11" W - 67.56 feet, N 53° 08' 10" W - 112.88 feet | ||
to the beginning of a tangent curve to the left with a radius of | ||
942.50 feet, along said curve through a central angle of 16° 45' 22" | ||
to the point of tangency, and N 69° 53' 32" W - 551.37 feet to the | ||
common line of said C.S.I.S.D. tract and the Brazos Valley Solid | ||
Waste Management Agency, Inc. 76.00 acre Tract II (vol. 9857, pg. | ||
186); | ||
Thence S 41° 51' 48" W - 1842.68 feet along said common tract | ||
line to its southwest end in a northeast line of the B.V.S.W.M.A. | ||
179.99 acre Tract I; | ||
Thence S 48° 05' 47" E - 941.57 feet, along the common line of | ||
said Tract I and the C.S.I.S.D. tract to their common corner in the | ||
northwest right-of-way of William D. Fitch Parkway; | ||
Thence S 41° 51' 48" W - 1425.30 feet, along said northwest | ||
right-of-way line, to the south corner of the said B.V.S.W.M.A. | ||
Tract I; | ||
Thence S 41° 51' 48" W - 1066.80 feet, continuing along said | ||
northwest right-of-way line of William D. Fitch Parkway, to the | ||
east common corner of the City of College Station 140.29 acre Tract | ||
One (vol. 3900, pg. 188) and Spring Meadows Phase I (vol. 5106, pg. | ||
284); | ||
Thence along the southern boundaries of multiple City of | ||
College Station tracts (vol. 3900, pgs. 188 & 223, vol. 5056, pg. | ||
43) as follows: | ||
N 73° 00' 00" W - 496.40 feet, S 51° 00' 00" W - 175.05 | ||
feet, N 76° 00' 00" W - 200.00 feet, S 41° 51' 44" W - 51.88 feet, N 70° | ||
46' 00" W - 157.10 feet, S 41° 51' 44" W - 262.67 feet, N 82° 55' 43" W | ||
- 700.87 feet, S 41° 52' 26" W - 650.00, N 48° 08' 02" W - 412.47 feet, | ||
S 66° 47' 54" W - 827.57 feet, N 47° 45' 25" W - 129.90 feet, S 28° 59' | ||
29" W - 2.01 feet, S 41° 48' 43" W - 336.13 feet, S 48° 45' 08" E - | ||
440.00 feet and S 53° 00'00" W - 1304.90 feet to the northeast | ||
right-of-way line of State Highway no. 6; | ||
Thence along the northeast right-of-way lines of said highway | ||
as follows: | ||
N 49° 25' 00" W - 438.00 feet, N 55° 07' 38" W - 201.00 | ||
feet, N 49° 25' 00" W - 751.78 feet to the west corner of the City of | ||
College Station 36.9 acre tract (vol. 4329, pg. 134), and N 49° 25' | ||
00" W - 1025.93 feet to the south corner of Barron Park Subdivision | ||
(vol. 939, pg. 209); | ||
Thence along the southeast, northeast and northwest lines of | ||
Lots 1 and 2 of said Barron Park Subdivision as follows: | ||
N 41° 09' 46" E - 1353.16 feet, N 49° 12' 46" W - 88.68 | ||
feet to the south corner of the City of College Station 100.64 acre | ||
tract (vol. 6927, pg. 226), N 54° 07' 24" W - 291.11 feet, N 64° 27' | ||
21" W - 117.03 feet, N 54° 53' 54" W - 24.95 feet, N 53° 19' 32" W - | ||
113.87 feet, N 49° 26' 59" W - 190.11 feet and S 41° 09' 38" W - | ||
1286.04 feet to the common corner of said Lot 2 and Lot 3 in the | ||
northeast right-of-way line of State Highway no. 6; | ||
Thence along the said northeast right-of-way lines of said | ||
highway as follows: | ||
N 47° 46' 18" W - 537.86 feet to the southwest common | ||
corner of Lot 3 of said Barron Park Subdivision and that City of | ||
College Station 46.60 acre tract (vol. 3310, pg. 321), N 47° 46' 48" | ||
W - 65.34 feet, N 55° 07' 37" W - 201.00 feet, N 49° 25' 00" W - 600.00 | ||
feet and N 44° 08' 33" W - 147.79 feet to the southwest common corner | ||
of said 46.60 acre tract and the Barker Subdivision (vol. 5101, pg. | ||
182); | ||
Thence N 38° 51' 07" E - 279.95 feet along the southeast line | ||
of said Barker Subdivision to its east corner; | ||
Thence N 47° 42' 16" W - 1053.70 feet along the northeast line | ||
of said Barker Subdivision and continuing along the northeast line | ||
of Cooper's Subdivision (vol. 4708, pg. 230) to its north corner, | ||
also being the east corner of the Harley Subdivision (vol. 3961, pg. | ||
236) and the south corner of that IHD Properties, LLC 2.77 acre | ||
Tract One (vol. 10144, pg. 203); | ||
Thence along the south, east and north lines of said IHD | ||
Properties tract as follows: | ||
N 42° 17' 04" E - 175.00 feet, N 47° 42' 56" W - 638.83 | ||
feet and S 72° 19' 02" W - 202.14 feet to the northeast line of said | ||
Harley Subdivision and a southwest line of that M.D. Wheeler, Ltd. | ||
71.52 acre Tract Two (vol. 3007, pg. 341); | ||
Thence along the southwest lines of said Wheeler Tract Two | ||
and continuing along the southeast lines of the Wheeler 10.01 acre | ||
Tract One as follows: | ||
N 47° 42' 33" W - 177.08 feet, N 46° 46' 09" W - 304.24 | ||
feet, S 21° 27' 46" W - 145.09 feet and S 41° 43' 32" W - 194.25 feet, | ||
returning to the northeast right-of-way line of State Highway no. | ||
6; | ||
Thence along the said highway northeast right-of-way lines as | ||
follows: | ||
N 42° 27' 25" W - 105.18 feet, N 36° 45' 17" W - 383.87 | ||
feet, N 27° 43' 31" W - 192.30 feet and N 34° 27' 26" W - 55.00 feet to | ||
the southeast line of Block 4 of the said Scott & White Healthcare | ||
Subdivision; | ||
Thence along the east boundary lines of said Scott & White | ||
subdivision as follows: | ||
N 41° 15' 39" E - 1224.44 feet, N 47° 37' 11" W - 128.13 | ||
feet, N 50° 49' 32" E - 930.60 feet and N 2° 42' 34" W - 1023.83 feet | ||
to the Point of Beginning and containing 1308.51 acres of land more | ||
or less. | ||
SAVE and EXCEPT the following tract: | ||
Beginning at the intersection of the south right-of-way line | ||
of Rock Prairie Road East (57.5 feet south of the surveyed | ||
centerline) and the west line of Lot 1 of Rock Prairie Baptist | ||
Church (vol. 7312, pg. 207), from where City of College Station GPS | ||
control monument no. 9 bears S 78° 01' 24" E - 3240.0 feet. | ||
Thence S 82° 02' 02" E - 414.05 feet along said south | ||
right-of-way line, parallel and 7.50 feet south of the north line of | ||
said Lot 1, to its intersection with the east line of said Lot 1; | ||
Thence S 20° 22' 54" E - 600.82 feet along the east line of Lot | ||
1 to its southeast corner; | ||
Thence N 82° 02' 02" W - 699.33 feet along the south line of | ||
Lot 1 to its southwest corner; | ||
Thence N 7° 57' 58" E - 528.77 feet along the west line of Lot 1 | ||
to the Point of Beginning and containing 6.76 acres of land more or | ||
less. | ||
Leaving a net acreage for this described tract of 1301.76 | ||
acres 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) The general law relating to consent by political | ||
subdivisions to the creation of districts with conservation, | ||
reclamation, and road powers and the inclusion of land in those | ||
districts has been complied with. | ||
(e) 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, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3874 was passed by the House on May 2, | ||
2013, by the following vote: Yeas 147, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3874 was passed by the Senate on May | ||
22, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |