Bill Text: TX SB1850 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the creation of Rock Prairie Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A - Dead) 2013-03-25 - Referred to Intergovernmental Relations [SB1850 Detail]
Download: Texas-2013-SB1850-Introduced.html
83R10491 JSL-D | ||
By: Schwertner | S.B. No. 1850 |
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relating to the creation of Rock Prairie Management District No. 1; | ||
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 3908 to read as follows: | ||
CHAPTER 3908. ROCK PRAIRIE MANAGEMENT DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3908.001. 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. 1. | ||
Sec. 3908.002. NATURE OF DISTRICT. The Rock Prairie | ||
Management District No. 1 is a special district created under | ||
Section 59, Article XVI, Texas Constitution. | ||
Sec. 3908.003. 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. 3908.004. 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. 3908.005. 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 | ||
(4) legality or operation. | ||
Sec. 3908.006. 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. 3908.007. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3908.008. 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. 3908.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of 11 voting directors who serve staggered terms | ||
of four years, with 5 or 6 directors' terms expiring June 1 of each | ||
odd-numbered year. | ||
(b) The city by resolution may change the number of voting | ||
directors on the board if the governing body of the city determines | ||
that the change is in the best interest of the district. The board | ||
may not consist of fewer than 7 or more than 15 voting directors. | ||
Sec. 3908.052. APPOINTMENT OF VOTING DIRECTORS. The mayor | ||
and members of the governing body of the city shall appoint voting | ||
directors. A person is appointed if a majority of those members and | ||
the mayor vote to appoint that person. | ||
Sec. 3908.053. NONVOTING DIRECTORS. The board may appoint | ||
nonvoting directors to serve at the pleasure of the voting | ||
directors. | ||
Sec. 3908.054. 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. 3908.055. INITIAL VOTING DIRECTORS. (a) The initial | ||
board consists of the following voting directors: | ||
Pos. No. Name of Director | ||
1 | ||
2 | ||
3 | ||
4 | ||
5 | ||
6 | ||
7 | ||
8 | ||
9 | ||
10 | ||
11 | ||
(b) Of the initial directors, the terms of directors | ||
appointed for positions 1 through 5 expire June 1, 2015, and the | ||
terms of directors appointed for positions 6 through 11 expire June | ||
1, 2017. | ||
(c) Section 3908.052 does not apply to this section. | ||
(d) This section expires September 1, 2017. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3908.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3908.102. 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. 3908.103. 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. 3908.104. 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. 3908.105. 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. 3908.106. 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. 3908.107. 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. 3908.108. 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. 3908.109. 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. 3908.110. ANNEXATION OF LAND. The district may annex | ||
land as provided by Subchapter J, Chapter 49, Water Code. | ||
Sec. 3908.111. 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 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. 3908.112. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3908.151. 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. 3908.152. 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. 3908.153. 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. 3908.154. 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. 3908.155. 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. 3908.156. ASSESSMENT ABATEMENT. The district may | ||
designate reinvestment zones and may grant abatements of an | ||
assessment on property in the zones. | ||
Sec. 3908.157. NO AD VALOREM TAX. This district may not | ||
impose an ad valorem tax. | ||
SUBCHAPTER E. BONDS | ||
Sec. 3908.201. 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, without an election, bonds, | ||
notes, or other obligations payable wholly or partly from | ||
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. 3908.202. 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. 1 initially | ||
includes all territory contained in the following area: | ||
All that certain tract or parcel of land lying and being | ||
situated in the Crawford Burnett league (abstract no. 7), Robert | ||
Stevenson league (abstract no. 54) and Thomas Caruthers league | ||
(abstract no. 9) in College Station, Brazos County, Texas, | ||
generally being an area centered around the intersection of Rock | ||
Prairie Road and State Highway no. 6, 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 the City of College | ||
Station GPS control monument no. 9 bears S 82° 02' 35" E - 7016.5 | ||
feet. | ||
Thence along the east boundary lines of said Scott & White | ||
subdivision as follows: | ||
S 2° 42' 34" E - 1023.83 feet, S 50° 49' 32" W - 930.60 | ||
feet, S 47° 37' 11" E - 128.13 feet and S 41° 15' 39" W - 1224.44 feet | ||
to the northeast right-of-way line of State Highway no. 6; | ||
Thence along the said highway northeast right-of-way lines as | ||
follows: | ||
S 34° 27' 26" E - 55.00 feet, S 27° 43' 31" E - 192.30 | ||
feet, S 36° 45' 17" E - 383.87 feet and S 42° 27' 25" E - 105.18 feet | ||
to a southeast line of that M.D. Wheeler, Ltd. 10.01 acre Tract One | ||
(vol. 3007, pg. 341); | ||
Thence along the southeast lines of said M.D. Wheeler Tract | ||
One and the southwest lines of 71.52 acre Tract Two as follows: | ||
N 41° 43' 32" E - 194.25 feet, N 21° 27' 46" E - 145.09 | ||
feet, S 46° 46' 09" E - 304.24 feet and S 47° 42' 33" E - 177.08 feet | ||
to the west corner of that IHD Properties, LLC 2.77 acre Tract One | ||
(vol. 10144, pg. 203); | ||
Thence along the north, east and south lines of said IHD | ||
Properties tract as follows: | ||
N 72° 19' 02" E - 202.14 feet, S 47° 42' 56" E - 638.83 | ||
feet and S 42° 17' 04" W - 175.00 feet to the northeast common corner | ||
of the Harley Subdivision (vol. 3961, pg. 236) and Cooper's | ||
Subdivision (vol. 4708, pg. 230) in a southwest line of said Wheeler | ||
Tract Two; | ||
Thence S 47° 42' 16" E - 1053.70 feet along the northeast line | ||
of said Cooper's Subdivision and continuing along the northeast | ||
line of the Barker Subdivision (vol. 5101, pg. 182) to its east | ||
corner; | ||
Thence S 38° 51' 07" W - 279.95 feet along the southeast line | ||
of said Barker Subdivision to its south corner in the northeast line | ||
of State Highway no. 6, also being a west corner of the City of | ||
College Station 46.60 acre tract (vol. 3310, pg. 321); | ||
Thence crossing said highway and along its southwest | ||
right-of-way lines as follows: | ||
S 58° 32' 52" W - 371.50 feet, N 49° 25' 00" W - 238.23 | ||
feet, N 43° 42' 22" W - 201.00 feet, N 49° 25' 00" W - 1400.00 feet, N | ||
46° 52' 14" W - 413.20 feet, N 38° 34' 52" W - 507.10 feet, N 32° 13' | ||
53" W - 534.28 feet, N 27° 56' 32" W - 200.56 feet, N 32° 13' 53" W - | ||
400.00 feet, N 35° 05' 29" W - 200.28 feet and N 82° 25' 23" W - 78.10 | ||
feet to the westerly north corner of Lot 1, Block 1 of Graham Corner | ||
Plaza (vol. 5878, pg. 129) in the southeast line of Graham Road; | ||
Thence N 40° 30' 48" W - 71.60 feet across Graham Road to the | ||
east corner of the remainder of the Jack E. Winslow, Jr. 3.0 acre | ||
tract (vol. 2291, pg 140 and vol. 2835, pg. 180) in the northwest | ||
line of Graham Road (vol. 2086, pg. 58); | ||
Thence N 32° 13' 25" W - 311.17 feet, along the southwest | ||
right-of-way line of State Highway no. 6, to the north corner of the | ||
said Winslow 3.0 acre tract; | ||
Thence N 43° 01' 34" W - 187.16 feet, continuing along the | ||
southwest highway right-of-way to its intersection with the | ||
southeast right-of-way line of Birmingham Drive, at the north | ||
corner of Lot 1, Block 2 of Belmont Place (vol. 816, pg. 681); | ||
Thence S 56° 19' 13" W - 882.77 feet, along the said southeast | ||
line of Birmingham Drive, along the northwest line of said Belmont | ||
Place (vol. 816, pg. 681), Belmont Place Section Three (vol. 9485, | ||
pg. 231) and across Longmire Drive to the westerly north corner of | ||
Lot 3, Block Four of Belmont Place Section Three (vol. 8104, pg. | ||
183); | ||
Thence along the east, south and west lines of said Lot 3, | ||
Block Four as follows: | ||
S 76° 46' 03" E - 34.73 feet, S 33° 37' 31" E - 63.93 feet | ||
to the beginning of a tangent curve to the right with a radius of | ||
605.00 feet, along said curve through a central angle of 13° 05' 29" | ||
to the point of tangency, S 20° 32' 02" E - 77.73 feet to the east | ||
corner of Lot 3, S 56° 19' 13" W - 192.21 feet and N 33° 40' 47" W - | ||
302.00 feet to the west corner of Lot 3 in the southeast line of | ||
Birmingham Drive; | ||
Thence along the southeast right-of-way lines of Birmingham | ||
Drive (vol. 1024, pg. 826) as follows: | ||
S 56° 19' 13" W - 578.30 feet to the beginning of a | ||
tangent curve to the left with a radius of 379.78, along said curve | ||
through a central angle of 8° 39' 09" to the point of tangency and S | ||
47° 40' 04" W - 248.52 feet to the northeast line of the City of | ||
College Station 35.00 acre tract (vol. 692, pg. 506); | ||
Thence along the northeast lines of the said City 35.00 acre | ||
tract as follows: | ||
S 48° 01' 03" E - 522.82 feet and S 46° 38' 56" E - 421.66 | ||
feet to the northwest right-of-way of Graham Road (vol. 1955, pg. | ||
245); | ||
Thence along the said northwest right-of-way lines of Graham | ||
Road as follows: | ||
S 41° 33' 01" W - 18.30 feet, S 42° 04' 18" W - 521.46 feet | ||
and S 41° 03' 13" W - 319.08 feet to the southwest line of said 35.00 | ||
acre tract; | ||
Thence N 47° 40' 02" W - 1753.06 feet along the said southwest | ||
line of the 35.00 acre tract to the west corner of same in the common | ||
line of the F.M. and Olive Arnold 50 acre tract (vol. 200, pg. 445) | ||
and the Texas Hotel Management Corporation 17.215 acre tract (vol. | ||
3665, pg. 248); | ||
Thence along the said common Arnold and Texas Hotel lines and | ||
continuing along the northwest lines of Arnold Road (vol. 5027, pg. | ||
162) as follows: | ||
S 43° 02' 52" W - 190.23 feet, S 42° 48' 34" E - 37.00 | ||
feet, S 43° 06' 26" W - 10.80 feet, N 42° 48' 34" W - 37.00 feet, S 43° | ||
06' 26" W - 34.60 feet, S 65° 14' 25" W - 160.32 feet, N 47° 33' 07" W - | ||
32.38 feet, S 63° 10' 11" W - 180.26 feet, to the beginning of a | ||
tangent curve to the left with a radius of 405.00 feet, along said | ||
curve through a central angle of 17° 37' 25" to the end of said | ||
curve, and S 55° 19' 37" W - 5.32 feet to the east corner of the City | ||
of College Station 9.93 acre tract (vol. 448, pg. 230); | ||
Thence along the south, west and north boundary of Brian | ||
Bachmann Athletic Park (formerly Southwood Athletic Park) and | ||
continuing along Rock Prairie Road as follows: | ||
S 41° 59' 07" W - 1027.13 feet along the northwest line | ||
of Arnold Road and southeast lines of the said City 9.93 acre tract | ||
and the City 15.89 acre tract (vol. 448, pg. 232), N 43° 45' 01" W - | ||
1185.92 feet, along the southwest line of said 15.89 acre tract to | ||
the southeast right-of-way line of Rock Prairie Road (80' R.O.W. - | ||
vol. 779, pg. 571), N 51° 57' 01" E - 1177.50 feet along said | ||
southeast line of Rock Prairie Road to the beginning of a tangent | ||
curve to the right with a radius of 1006.62 feet in the southeast | ||
boundary of Southwood Terrace Phase 3-C (vol. 523, pg. 431), along | ||
said curve through a central angle of 8° 11' 51" to the point of | ||
tangency, N 60° 08' 52" E - 1486.99 feet along the southeast boundary | ||
of Southwood Terrace Phase 3-B (vol. 579, pg. 380) and Phase 3-A | ||
(vol. 519, pg. 378) to the beginning of a tangent curve to the right | ||
with a radius of 960.00 feet, along said curve through a central | ||
angle of 18° 38' 31" to the point of tangency, N 78° 47' 23" E - 14.90 | ||
feet and N 11° 12' 37" W - 79.72 feet across Rock Prairie Road to the | ||
southwest corner of the Remington Subdivision (vol. 1239, pg. 219); | ||
Thence along the west boundary lines of said Remington | ||
Subdivision, the northwest boundary of Tract B, Ponderosa Place | ||
Section Two (vol. 2680, pg. 321) and Longmire Place (vol. 3377, pg. | ||
155) and along the southwest boundary of Ponderosa Place (vol. 490, | ||
pg. 169) as follows: | ||
N 26° 55' 04" W - 252.32 feet, N 17° 18' 19" E - 259.07 | ||
feet, N 42° 34' 17" E - 624.79 feet and N 40° 39' 13" W - 796.43 feet | ||
to the west corner of Lot 4, Block 21 of Ponderosa Place, in the | ||
southeast line of Ponderosa Road; | ||
Thence N 49° 20' 47" E - 1150.00 feet, along the southeast | ||
right-of-way line of Ponderosa Road, to the north corner of Lot 1, | ||
Block 19 of Ponderosa Place, in the southwest right-of-way of State | ||
Highway no. 6; | ||
Thence along the said highway southwest right-of-way lines as | ||
follows: | ||
S 40° 39' 13" E - 480.00 feet, S 32° 12' 28" E - 185.04 | ||
feet, S 41° 13' 02" E - 80.23 feet and S 17° 22' 13" E - 34.06 feet to | ||
the southeast line of Lot 1, Block 20 of Ponderosa Place; | ||
Thence N 78° 53' 01" E - 493.32 feet, across State Highway no. | ||
6 to the west corner of Lot 2-B, Block One of Cornerstone Commercial | ||
Section One (vol. 3922, pg. 282) in the southeast right-of-way line | ||
of Woodcreek Drive; | ||
Thence along the southeast right-of-way of Woodcreek Drive as | ||
follows: | ||
Along the arc of a curve to the right with a radius of | ||
890.00 feet, through a central angle of 9° 52' 07", the chord of | ||
which bears N 52° 46' 54" E - 153.10 feet, N 57° 42' 58" E - 318.00 | ||
feet to the beginning of a tangent curve to the left with a radius of | ||
835.00 feet, along said curve through a central angle of 8° 00' 00" | ||
to the north corner of Lot 1 (vol. 3283, pg. 201); | ||
Thence along the northeast lines of Lot 1 and Lot 2-A of said | ||
Cornerstone Commercial Section One as follows: | ||
S 40° 17' 03" E - 155.81 feet to the east common corner of | ||
Lot 1 and Lot 2-A and the beginning of a tangent curve to the right | ||
with a radius of 600.00 feet, along said arc through a central angle | ||
of 16° 01' 29" to the point of tangency, and S 24° 15' 34" E - 280.69 | ||
feet to the most easterly corner of said Lot 2-A; | ||
Thence along the south boundary lines of Woodcreek Section 4 | ||
(vol. 1315, pg. 217), Section Six South (vol. 2109, pg. 199) and | ||
Section Seven (vol. 2580, pg. 113), defining the north boundary | ||
lines of the remainder of the Edward Jr. and Beatrice Uvaceck tract | ||
(vol. 274, pg. 383 and vol. 321, pg. 664), as follows: | ||
N 24° 13' 07" E - 555.17 feet, N 79° 45' 53" E - 313.69 | ||
feet, S 48° 05' 30" E - 216.00 feet, S 44° 28' 03" E - 75.26 feet, S 28° | ||
11' 32" E - 108.12 feet, S 34° 34' 23" E - 162.74 feet, S 39° 46' 00" E | ||
- 149.62 feet, S 44° 34' 42" E - 282.83 feet, N 24° 16' 33" E - 134.65 | ||
feet and N 68° 52' 20" E - 230.83 feet to the northwest corner of the | ||
Riviera Addition (vol. 6607, pg. 97); | ||
Thence S 15° 28' 15" E - 269.56 feet, along the west line of | ||
said Riviera Addition, to the north right-of-way line of Rock | ||
Prairie Road East (59.0 feet north of surveyed centerline); | ||
Thence S 86° 27' 34" E - 961.09 feet, along said north | ||
right-of-way line, to its intersection with an extension of the | ||
east boundary of Block 7 of the Scott & White Healthcare | ||
Subdivision; | ||
Thence S 2° 42' 34" E - 120.04 feet, across Rock Prairie Road, | ||
to the Point of Beginning and containing 437.07 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) 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. |