Texas 2013 - 83rd Regular

Texas House Bill HB3874 Compare Versions

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1	1	By: Raney, Kacal (Senate Sponsor - Schwertner) H.B. No. 3874
2	2	(In the Senate - Received from the House May 6, 2013;
3	3	May 7, 2013, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 16, 2013, reported favorably by
5	5	the following vote: Yeas 3, Nays 0; May 16, 2013, sent to
6	6	printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of Rock Prairie Management District No. 2;
12	12	providing authority to issue bonds; providing authority to impose
13	13	assessments, fees, or taxes.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle C, Title 4, Special District Local Laws
16	16	Code, is amended by adding Chapter 3909 to read as follows:
17	17	CHAPTER 3909. ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 3909.001. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "City" means the City of College Station.
22	22	(3) "County" means Brazos County.
23	23	(4) "Director" means a board member.
24	24	(5) "District" means the Rock Prairie Management
25	25	District No. 2.
26	26	Sec. 3909.002. NATURE OF DISTRICT. The Rock Prairie
27	27	Management District No. 2 is a special district created under
28	28	Section 59, Article XVI, Texas Constitution.
29	29	Sec. 3909.003. PURPOSE; DECLARATION OF INTENT. (a) The
30	30	creation of the district is essential to accomplish the purposes of
31	31	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
32	32	Texas Constitution, and other public purposes stated in this
33	33	chapter. By creating the district and in authorizing the city, the
34	34	county, and other political subdivisions to contract with the
35	35	district, the legislature has established a program to accomplish
36	36	the public purposes set out in Section 52-a, Article III, Texas
37	37	Constitution.
38	38	(b) The creation of the district is necessary to promote,
39	39	develop, encourage, and maintain employment, commerce,
40	40	transportation, housing, tourism, recreation, the arts,
41	41	entertainment, economic development, safety, and the public
42	42	welfare in the district.
43	43	(c) This chapter and the creation of the district may not be
44	44	interpreted to relieve the city or the county from providing the
45	45	level of services provided as of the effective date of the Act
46	46	enacting this chapter to the area in the district. The district is
47	47	created to supplement and not to supplant city or county services
48	48	provided in the district.
49	49	Sec. 3909.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
50	50	The district is created to serve a public use and benefit.
51	51	(b) All land and other property included in the district
52	52	will benefit from the improvements and services to be provided by
53	53	the district under powers conferred by Sections 52 and 52-a,
54	54	Article III, and Section 59, Article XVI, Texas Constitution, and
55	55	other powers granted under this chapter.
56	56	(c) The creation of the district is in the public interest
57	57	and is essential to further the public purposes of:
58	58	(1) developing and diversifying the economy of the
59	59	state;
60	60	(2) eliminating unemployment and underemployment; and
61	61	(3) developing or expanding transportation and
62	62	commerce.
63	63	(d) The district will:
64	64	(1) promote the health, safety, and general welfare of
65	65	residents, employers, potential employees, employees, visitors,
66	66	and consumers in the district, and of the public;
67	67	(2) provide needed funding for the district to
68	68	preserve, maintain, and enhance the economic health and vitality of
69	69	the district territory as a community and business center;
70	70	(3) promote the health, safety, welfare, and enjoyment
71	71	of the public by providing pedestrian ways and by landscaping and
72	72	developing certain areas in the district, which are necessary for
73	73	the restoration, preservation, and enhancement of scenic beauty;
74	74	and
75	75	(4) provide for water, wastewater, drainage, road, and
76	76	recreational facilities for the district.
77	77	(e) Pedestrian ways along or across a street, whether at
78	78	grade or above or below the surface, and street lighting, street
79	79	landscaping, parking, and street art objects are parts of and
80	80	necessary components of a street and are considered to be a street
81	81	or road improvement.
82	82	(f) The district will not act as the agent or
83	83	instrumentality of any private interest even though the district
84	84	will benefit many private interests as well as the public.
85	85	Sec. 3909.005. INITIAL DISTRICT TERRITORY. (a) The
86	86	district is initially composed of the territory described by
87	87	Section 2 of the Act enacting this chapter.
88	88	(b) The boundaries and field notes contained in Section 2 of
89	89	the Act enacting this chapter form a closure. A mistake in the
90	90	field notes or in copying the field notes in the legislative process
91	91	does not affect the district's:
92	92	(1) organization, existence, or validity;
93	93	(2) right to issue any type of bond for the purposes
94	94	for which the district is created or to pay the principal of and
95	95	interest on the bond;
96	96	(3) right to impose or collect an assessment or tax; or
97	97	(4) legality or operation.
98	98	Sec. 3909.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
99	99	All or any part of the area of the district is eligible to be
100	100	included in:
101	101	(1) a tax increment reinvestment zone created under
102	102	Chapter 311, Tax Code;
103	103	(2) a tax abatement reinvestment zone created under
104	104	Chapter 312, Tax Code;
105	105	(3) an enterprise zone created under Chapter 2303,
106	106	Government Code; or
107	107	(4) an industrial district created under Chapter 42,
108	108	Local Government Code.
109	109	Sec. 3909.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
110	110	DISTRICTS LAW. Except as otherwise provided by this chapter,
111	111	Chapter 375, Local Government Code, applies to the district.
112	112	Sec. 3909.008. CONSTRUCTION OF CHAPTER. This chapter shall
113	113	be liberally construed in conformity with the findings and purposes
114	114	stated in this chapter.
115	115	SUBCHAPTER B. BOARD OF DIRECTORS
116	116	Sec. 3909.051. GOVERNING BODY; TERMS. (a) The district is
117	117	governed by a board of five voting directors who serve staggered
118	118	terms of four years, with two or three directors' terms expiring
119	119	June 1 of each odd-numbered year.
120	120	(b) The board by resolution may change the number of voting
121	121	directors on the board if the board determines that the change is in
122	122	the best interest of the district and the change is approved by the
123	123	city. The board may not consist of fewer than 5 or more than 15
124	124	voting directors.
125	125	Sec. 3909.052. RECOMMENDATIONS FOR SUCCEEDING BOARD. (a)
126	126	Each board of directors, including the initial board, shall
127	127	recommend to the governing body of the city persons to serve on the
128	128	succeeding board.
129	129	(b) The governing body of the city shall review the
130	130	recommendations and approve or disapprove the directors
131	131	recommended by the board. A person is appointed if a majority of the
132	132	members of the governing body and the mayor vote to appoint that
133	133	person.
134	134	(c) If the governing body of the city is not satisfied with
135	135	the recommendations submitted by the board and does not vote to
136	136	approve the recommended board members, the board, on the request of
137	137	the governing body, shall submit to the governing body additional
138	138	recommendations. If, after the second submission of
139	139	recommendations, the governing body does not vote to approve the
140	140	additional recommendations of the board, the governing body may
141	141	appoint persons who were not recommended to serve on the succeeding
142	142	board.
143	143	(d) Board members may serve successive terms.
144	144	(e) If a provision of Subsections (a)-(d) is found to be
145	145	invalid, the Texas Commission on Environmental Quality shall
146	146	appoint the board from recommendations submitted by the
147	147	then-current board.
148	148	Sec. 3909.053. NONVOTING DIRECTORS. The board may appoint
149	149	nonvoting directors to serve at the pleasure of the voting
150	150	directors.
151	151	Sec. 3909.054. QUORUM. For purposes of determining the
152	152	requirements for a quorum of the board, the following are not
153	153	counted:
154	154	(1) a board position vacant for any reason, including
155	155	death, resignation, or disqualification;
156	156	(2) a director who is abstaining from participation in
157	157	a vote because of a conflict of interest; or
158	158	(3) a nonvoting director.
159	159	Sec. 3909.055. INITIAL VOTING DIRECTORS. (a) The mayor and
160	160	the members of the governing body of the city shall appoint initial
161	161	voting directors by position. A person is appointed if a majority
162	162	of the members of the governing body and the mayor vote to appoint
163	163	that person.
164	164	(b) Of the initial directors, the terms of directors
165	165	appointed for positions one through three expire June 1, 2015, and
166	166	the terms of directors appointed for positions four and five expire
167	167	June 1, 2017.
168	168	(c) Section 3909.052 does not apply to this section.
169	169	(d) This section expires September 1, 2017.
170	170	SUBCHAPTER C. POWERS AND DUTIES
171	171	Sec. 3909.101. GENERAL POWERS AND DUTIES. The district has
172	172	the powers and duties necessary to accomplish the purposes for
173	173	which the district is created.
174	174	Sec. 3909.102. IMPROVEMENT PROJECTS AND SERVICES. The
175	175	district may provide, design, construct, acquire, improve,
176	176	relocate, operate, maintain, or finance an improvement project or
177	177	service using any money available to the district, or contract with
178	178	a governmental or private entity to provide, design, construct,
179	179	acquire, improve, relocate, operate, maintain, or finance an
180	180	improvement project or service authorized under this chapter or
181	181	Chapter 375, Local Government Code.
182	182	Sec. 3909.103. DEVELOPMENT CORPORATION POWERS. The
183	183	district, using money available to the district, may exercise the
184	184	powers given to a development corporation under Chapter 505, Local
185	185	Government Code, including the power to own, operate, acquire,
186	186	construct, lease, improve, or maintain a project under that
187	187	chapter.
188	188	Sec. 3909.104. NONPROFIT CORPORATION. (a) The board by
189	189	resolution may authorize the creation of a nonprofit corporation to
190	190	assist and act for the district in implementing a project or
191	191	providing a service authorized by this chapter.
192	192	(b) The nonprofit corporation:
193	193	(1) has each power of and is considered to be a local
194	194	government corporation created under Subchapter D, Chapter 431,
195	195	Transportation Code; and
196	196	(2) may implement any project and provide any service
197	197	authorized by this chapter.
198	198	(c) The board shall select directors from the board to serve
199	199	as the board of directors of the nonprofit corporation. The board
200	200	may appoint one or more persons who are not directors to the board
201	201	of directors of the nonprofit corporation if the governing body of
202	202	the city determines that the appointment is in the best interest of
203	203	the district. The board of directors of the nonprofit corporation
204	204	shall serve in the same manner as the board of directors of a local
205	205	government corporation created under Subchapter D, Chapter 431,
206	206	Transportation Code, except that a board member is not required to
207	207	reside in the district.
208	208	Sec. 3909.105. AGREEMENTS; GRANTS. (a) As provided by
209	209	Chapter 375, Local Government Code, the district may make an
210	210	agreement with or accept a gift, grant, or loan from any person.
211	211	(b) The implementation of a project is a governmental
212	212	function or service for the purposes of Chapter 791, Government
213	213	Code.
214	214	Sec. 3909.106. LAW ENFORCEMENT SERVICES. To protect the
215	215	public interest, the district may contract with a qualified party,
216	216	including the county or the city, to provide law enforcement
217	217	services in the district for a fee.
218	218	Sec. 3909.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
219	219	district may join and pay dues to a charitable or nonprofit
220	220	organization that performs a service or provides an activity
221	221	consistent with the furtherance of a district purpose.
222	222	Sec. 3909.108. ECONOMIC DEVELOPMENT. (a) The district may
223	223	engage in activities that accomplish the economic development
224	224	purposes of the district.
225	225	(b) The district may establish and provide for the
226	226	administration of one or more programs to promote state or local
227	227	economic development and to stimulate business and commercial
228	228	activity in the district, including programs to:
229	229	(1) make loans and grants of public money; and
230	230	(2) provide district personnel and services.
231	231	(c) The district may create economic development programs
232	232	and exercise the economic development powers provided to
233	233	municipalities by:
234	234	(1) Chapter 380, Local Government Code; and
235	235	(2) Subchapter A, Chapter 1509, Government Code.
236	236	Sec. 3909.109. PARKING FACILITIES. (a) The district may
237	237	acquire, lease as lessor or lessee, construct, develop, own,
238	238	operate, and maintain parking facilities or a system of parking
239	239	facilities, including lots, garages, parking terminals, or other
240	240	structures or accommodations for parking motor vehicles off the
241	241	streets and related appurtenances.
242	242	(b) The district's parking facilities serve the public
243	243	purposes of the district and are owned, used, and held for a public
244	244	purpose even if leased or operated by a private entity for a term of
245	245	years.
246	246	(c) The district's parking facilities are parts of and
247	247	necessary components of a street and are considered to be a street
248	248	or road improvement.
249	249	(d) The development and operation of the district's parking
250	250	facilities may be considered an economic development program.
251	251	Sec. 3909.110. ANNEXATION OF LAND. The district may annex
252	252	land as provided by Subchapter J, Chapter 49, Water Code.
253	253	Sec. 3909.111. APPROVAL BY CITY. (a) Except as provided by
254	254	Subsection (c), the district must obtain the approval of the city
255	255	for:
256	256	(1) the issuance of bonds;
257	257	(2) the plans and specifications of an improvement
258	258	project financed by bonds; and
259	259	(3) the plans and specifications of an improvement
260	260	project related to the use of land owned by the city, an easement
261	261	granted by the city, or a right-of-way of a street, road, or
262	262	highway.
263	263	(b) The district may not issue bonds until the governing
264	264	body of the city adopts a resolution or ordinance authorizing the
265	265	issuance of the bonds.
266	266	(c) If the district obtains the approval of the governing
267	267	body of the city of a capital improvements budget for a period not
268	268	to exceed 10 years, the district may finance the capital
269	269	improvements and issue bonds specified in the budget without
270	270	further approval from the city.
271	271	(d) The governing body of the city:
272	272	(1) is not required to adopt a resolution or ordinance
273	273	to approve plans and specifications described by Subsection (a);
274	274	and
275	275	(2) may establish an administrative process to approve
276	276	plans and specifications described by Subsection (a) without the
277	277	involvement of the governing body.
278	278	Sec. 3909.112. NO EMINENT DOMAIN POWER. The district may
279	279	not exercise the power of eminent domain.
280	280	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
281	281	Sec. 3909.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
282	282	board by resolution shall establish the number of directors'
283	283	signatures and the procedure required for a disbursement or
284	284	transfer of district money.
285	285	Sec. 3909.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
286	286	The district may acquire, construct, finance, operate, or maintain
287	287	any improvement or service authorized under this chapter or Chapter
288	288	375, Local Government Code, using any money available to the
289	289	district.
290	290	Sec. 3909.153. PETITION REQUIRED FOR FINANCING SERVICES AND
291	291	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
292	292	service or improvement project with assessments under this chapter
293	293	unless a written petition requesting that service or improvement
294	294	has been filed with the board.
295	295	(b) A petition filed under Subsection (a) must be signed by
296	296	the owners of a majority of the assessed value of real property in
297	297	the district subject to assessment according to the most recent
298	298	certified tax appraisal roll for the county.
299	299	Sec. 3909.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
300	300	The board by resolution may impose and collect an assessment for any
301	301	purpose authorized by this chapter in all or any part of the
302	302	district.
303	303	(b) An assessment, a reassessment, or an assessment
304	304	resulting from an addition to or correction of the assessment roll
305	305	by the district, penalties and interest on an assessment or
306	306	reassessment, an expense of collection, and reasonable attorney's
307	307	fees incurred by the district:
308	308	(1) are a first and prior lien against the property
309	309	assessed;
310	310	(2) are superior to any other lien or claim other than
311	311	a lien or claim for county, school district, or municipal ad valorem
312	312	taxes; and
313	313	(3) are the personal liability of and a charge against
314	314	the owners of the property even if the owners are not named in the
315	315	assessment proceedings.
316	316	(c) The lien is effective from the date of the board's
317	317	resolution imposing the assessment until the date the assessment is
318	318	paid. The board may enforce the lien in the same manner that the
319	319	board may enforce an ad valorem tax lien against real property.
320	320	(d) The board may make a correction to or deletion from the
321	321	assessment roll that does not increase the amount of assessment of
322	322	any parcel of land without providing notice and holding a hearing in
323	323	the manner required for additional assessments.
324	324	Sec. 3909.155. EXEMPTIONS. Section 375.162, Local
325	325	Government Code, does not apply to an organization exempt from
326	326	federal income tax under Section 501(a), Internal Revenue Code of
327	327	1986, by being described by Section 501(c)(3) of that code,
328	328	operating in the district. The organization is not exempt from
329	329	paying a district assessment.
330	330	Sec. 3909.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section
331	331	375.161, Local Government Code, does not apply to a tax authorized
332	332	or approved by the voters of the district or a required payment for
333	333	a service provided by the district, including water and sewer
334	334	services.
335	335	Sec. 3909.157. TAX AND ASSESSMENT ABATEMENT. The district
336	336	may designate reinvestment zones and may grant abatements of
337	337	district taxes or assessments on property in the zones.
338	338	SUBCHAPTER E. TAXES AND BONDS
339	339	Sec. 3909.201. ELECTIONS REGARDING TAXES AND BONDS. (a)
340	340	The district may issue, without an election, bonds, notes, and
341	341	other obligations secured by:
342	342	(1) revenue other than ad valorem taxes; or
343	343	(2) contract payments described by Section 3909.203.
344	344	(b) The district must hold an election in the manner
345	345	provided by Subchapter L, Chapter 375, Local Government Code, to
346	346	obtain voter approval before the district may impose an ad valorem
347	347	tax or issue bonds payable from ad valorem taxes.
348	348	(c) Section 375.243, Local Government Code, does not apply
349	349	to the district.
350	350	(d) All or any part of any facilities or improvements that
351	351	may be acquired by a district by the issuance of its bonds may be
352	352	submitted as a single proposition or as several propositions to be
353	353	voted on at the election.
354	354	Sec. 3909.202. OPERATION AND MAINTENANCE TAX. (a) If
355	355	authorized by a majority of the district voters voting at an
356	356	election held in accordance with Section 3909.201, the district may
357	357	impose an operation and maintenance tax on taxable property in the
358	358	district in accordance with Section 49.107, Water Code, for any
359	359	district purpose, including to:
360	360	(1) maintain and operate the district;
361	361	(2) construct or acquire improvements; or
362	362	(3) provide a service.
363	363	(b) The board shall determine the tax rate. The rate may not
364	364	exceed the rate approved at the election.
365	365	Sec. 3909.203. CONTRACT TAXES. (a) In accordance with
366	366	Section 49.108, Water Code, the district may impose a tax other than
367	367	an operation and maintenance tax and use the revenue derived from
368	368	the tax to make payments under a contract after the provisions of
369	369	the contract have been approved by a majority of the district voters
370	370	voting at an election held for that purpose.
371	371	(b) A contract approved by the district voters may contain a
372	372	provision stating that the contract may be modified or amended by
373	373	the board without further voter approval.
374	374	Sec. 3909.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
375	375	AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
376	376	determined by the board.
377	377	(b) The district may issue bonds, notes, or other
378	378	obligations payable wholly or partly from ad valorem taxes,
379	379	assessments, impact fees, revenue, contract payments, grants, or
380	380	other district money, or any combination of those sources of money,
381	381	to pay for any authorized district purpose.
382	382	Sec. 3909.205. TAXES FOR BONDS. At the time the district
383	383	issues bonds payable wholly or partly from ad valorem taxes, the
384	384	board shall provide for the annual imposition of a continuing
385	385	direct annual ad valorem tax, without limit as to rate or amount,
386	386	for each year that all or part of the bonds are outstanding as
387	387	required and in the manner provided by Sections 54.601 and 54.602,
388	388	Water Code.
389	389	Sec. 3909.206. CITY NOT REQUIRED TO PAY DISTRICT
390	390	OBLIGATIONS. Except as provided by Section 375.263, Local
391	391	Government Code, the city is not required to pay a bond, note, or
392	392	other obligation of the district.
393	393	SECTION 2. Rock Prairie Management District No. 2 initially
394	394	includes all territory contained in the following area:
395	395	All that certain tract or parcel of land lying and being
396	396	situated in the Thomas Caruthers league (abstract no. 9) and Robert
397	397	Stevenson league (abstract no. 54) in College Station, Brazos
398	398	County, Texas, generally being the area between State Highway no. 6
399	399	and Rock Prairie Road East, from Medical Avenue to William D. Fitch
400	400	Parkway, save and except all of Lot 1, Rock Prairie Baptist Church
401	401	(vol. 7312, pg. 207) lying south of the south right-of-way of Rock
402	402	Prairie Road East, and the boundary being more particularly
403	403	described as follows:
404	404	Beginning at the intersection of the south right-of-way line
405	405	of Rock Prairie Road East (60 feet south of surveyed centerline) and
406	406	the east boundary of Block 7 of the Scott & White Healthcare
407	407	Subdivision (vol. 10179, pg. 50), being the northeast corner of Lot
408	408	1, Block 7 of said subdivision, and from where City of College
409	409	Station GPS control monument no. 9 bears S 82° 02' 35" E - 7016.5
410	410	feet.
411	411	Thence N 2 ° 42' 34" W - 120.04 feet along an extension of the
412	412	said east boundary line of Block 7, to a point in the north
413	413	right-of-way line of Rock Prairie Road East;
414	414	Thence along the north right-of-way lines of Rock Prairie
415	415	Road East (59.0 feet north of the surveyed centerline) as follows:
416	416	S 86° 27' 34" E - 1771.13 feet, S 85° 02' 05" E - 1228.54
417	417	feet and S 84° 23' 02" E - 10.29 feet to a right-of-way offset point
418	418	in the common line of the Dale and Reba Conrad 26.25 acre tract
419	419	(vol. 460, pg. 505) and the Flying Ace Ranch, Ltd. 26.245 acre tract
420	420	(vol. 3767, pg. 237);
421	421	Thence S 24° 22' 52" W - 1.58 feet along said common tract line
422	422	to another offset point in the north right-of-way line of Rock
423	423	Prairie Road East;
424	424	Thence along the north right-of-way lines of Rock Prairie
425	425	Road East (57.5 feet north of the surveyed centerline) as follows:
426	426	S 84° 23' 02" E - 606.93 feet, S 82° 02' 02" E - 1453.40
427	427	feet, S 77° 01' 02" E - 1052.59 feet, S 76° 28' 02" E - 2876.58 feet,
428	428	S 69° 53' 32" E - 2812.30 feet to the beginning of a tangent curve to
429	429	the right with a radius of 1057.50 feet, along said curve through a
430	430	central angle of 11° 43' 34" to a point in the old northeast
431	431	prescriptive right-of-way fenceline, and S 69° 17' 50" E - 269.35
432	432	feet along said fenceline to the southeast line of the Hartzell
433	433	Elkins 35.37 acre tract (vol. 1920, pg. 323) and northwest line of
434	434	William D. Fitch Parkway;
435	435	Thence across Rock Prairie Road East as follows:
436	436	S 42° 32' 30" W - 32.00 feet to the south corner of said
437	437	Elkins tract, called to be in the centerline of the road, S 19° 52'
438	438	04" W - 36.01 feet to the east corner of the College Station
439	439	Independent School District 44.535 acre tract (vol. 8413, pg. 291)
440	440	at the old right-of-way fence corner post, and S 41° 51' 48" W -
441	441	170.08 feet along the southeast line of said C.S.I.S.D. tract and
442	442	northwest line of Fitch Parkway to its intersection with the south
443	443	right-of-way chamfer of Rock Prairie Road East;
444	444	Thence along the south right-of-way lines of Rock Prairie
445	445	Road East (57.5 feet south of the surveyed centerline) as follows:
446	446	N 5° 38' 11" W - 67.56 feet, N 53° 08' 10" W - 112.88 feet
447	447	to the beginning of a tangent curve to the left with a radius of
448	448	942.50 feet, along said curve through a central angle of 16° 45' 22"
449	449	to the point of tangency, and N 69° 53' 32" W - 551.37 feet to the
450	450	common line of said C.S.I.S.D. tract and the Brazos Valley Solid
451	451	Waste Management Agency, Inc. 76.00 acre Tract II (vol. 9857, pg.
452	452	186);
453	453	Thence S 41° 51' 48" W - 1842.68 feet along said common tract
454	454	line to its southwest end in a northeast line of the B.V.S.W.M.A.
455	455	179.99 acre Tract I;
456	456	Thence S 48° 05' 47" E - 941.57 feet, along the common line of
457	457	said Tract I and the C.S.I.S.D. tract to their common corner in the
458	458	northwest right-of-way of William D. Fitch Parkway;
459	459	Thence S 41° 51' 48" W - 1425.30 feet, along said northwest
460	460	right-of-way line, to the south corner of the said B.V.S.W.M.A.
461	461	Tract I;
462	462	Thence S 41° 51' 48" W - 1066.80 feet, continuing along said
463	463	northwest right-of-way line of William D. Fitch Parkway, to the
464	464	east common corner of the City of College Station 140.29 acre Tract
465	465	One (vol. 3900, pg. 188) and Spring Meadows Phase I (vol. 5106, pg.
466	466	284);
467	467	Thence along the southern boundaries of multiple City of
468	468	College Station tracts (vol. 3900, pgs. 188 & 223, vol. 5056, pg.
469	469	43) as follows:
470	470	N 73° 00' 00" W - 496.40 feet, S 51° 00' 00" W - 175.05
471	471	feet, N 76° 00' 00" W - 200.00 feet, S 41° 51' 44" W - 51.88 feet, N 70°
472	472	46' 00" W - 157.10 feet, S 41° 51' 44" W - 262.67 feet, N 82° 55' 43" W
473	473	- 700.87 feet, S 41° 52' 26" W - 650.00, N 48° 08' 02" W - 412.47 feet,
474	474	S 66° 47' 54" W - 827.57 feet, N 47° 45' 25" W - 129.90 feet, S 28° 59'
475	475	29" W - 2.01 feet, S 41° 48' 43" W - 336.13 feet, S 48° 45' 08" E -
476	476	440.00 feet and S 53° 00'00" W - 1304.90 feet to the northeast
477	477	right-of-way line of State Highway no. 6;
478	478	Thence along the northeast right-of-way lines of said highway
479	479	as follows:
480	480	N 49° 25' 00" W - 438.00 feet, N 55° 07' 38" W - 201.00
481	481	feet, N 49° 25' 00" W - 751.78 feet to the west corner of the City of
482	482	College Station 36.9 acre tract (vol. 4329, pg. 134), and N 49° 25'
483	483	00" W - 1025.93 feet to the south corner of Barron Park Subdivision
484	484	(vol. 939, pg. 209);
485	485	Thence along the southeast, northeast and northwest lines of
486	486	Lots 1 and 2 of said Barron Park Subdivision as follows:
487	487	N 41° 09' 46" E - 1353.16 feet, N 49° 12' 46" W - 88.68
488	488	feet to the south corner of the City of College Station 100.64 acre
489	489	tract (vol. 6927, pg. 226), N 54° 07' 24" W - 291.11 feet, N 64° 27'
490	490	21" W - 117.03 feet, N 54° 53' 54" W - 24.95 feet, N 53° 19' 32" W -
491	491	113.87 feet, N 49° 26' 59" W - 190.11 feet and S 41° 09' 38" W -
492	492	1286.04 feet to the common corner of said Lot 2 and Lot 3 in the
493	493	northeast right-of-way line of State Highway no. 6;
494	494	Thence along the said northeast right-of-way lines of said
495	495	highway as follows:
496	496	N 47° 46' 18" W - 537.86 feet to the southwest common
497	497	corner of Lot 3 of said Barron Park Subdivision and that City of
498	498	College Station 46.60 acre tract (vol. 3310, pg. 321), N 47° 46' 48"
499	499	W - 65.34 feet, N 55° 07' 37" W - 201.00 feet, N 49° 25' 00" W - 600.00
500	500	feet and N 44° 08' 33" W - 147.79 feet to the southwest common corner
501	501	of said 46.60 acre tract and the Barker Subdivision (vol. 5101, pg.
502	502	182);
503	503	Thence N 38° 51' 07" E - 279.95 feet along the southeast line
504	504	of said Barker Subdivision to its east corner;
505	505	Thence N 47° 42' 16" W - 1053.70 feet along the northeast line
506	506	of said Barker Subdivision and continuing along the northeast line
507	507	of Cooper's Subdivision (vol. 4708, pg. 230) to its north corner,
508	508	also being the east corner of the Harley Subdivision (vol. 3961, pg.
509	509	236) and the south corner of that IHD Properties, LLC 2.77 acre
510	510	Tract One (vol. 10144, pg. 203);
511	511	Thence along the south, east and north lines of said IHD
512	512	Properties tract as follows:
513	513	N 42° 17' 04" E - 175.00 feet, N 47° 42' 56" W - 638.83
514	514	feet and S 72° 19' 02" W - 202.14 feet to the northeast line of said
515	515	Harley Subdivision and a southwest line of that M.D. Wheeler, Ltd.
516	516	71.52 acre Tract Two (vol. 3007, pg. 341);
517	517	Thence along the southwest lines of said Wheeler Tract Two
518	518	and continuing along the southeast lines of the Wheeler 10.01 acre
519	519	Tract One as follows:
520	520	N 47° 42' 33" W - 177.08 feet, N 46° 46' 09" W - 304.24
521	521	feet, S 21° 27' 46" W - 145.09 feet and S 41° 43' 32" W - 194.25 feet,
522	522	returning to the northeast right-of-way line of State Highway no.
523	523	6;
524	524	Thence along the said highway northeast right-of-way lines as
525	525	follows:
526	526	N 42° 27' 25" W - 105.18 feet, N 36° 45' 17" W - 383.87
527	527	feet, N 27° 43' 31" W - 192.30 feet and N 34° 27' 26" W - 55.00 feet to
528	528	the southeast line of Block 4 of the said Scott & White Healthcare
529	529	Subdivision;
530	530	Thence along the east boundary lines of said Scott & White
531	531	subdivision as follows:
532	532	N 41° 15' 39" E - 1224.44 feet, N 47° 37' 11" W - 128.13
533	533	feet, N 50° 49' 32" E - 930.60 feet and N 2° 42' 34" W - 1023.83 feet
534	534	to the Point of Beginning and containing 1308.51 acres of land more
535	535	or less.
536	536	SAVE and EXCEPT the following tract:
537	537	Beginning at the intersection of the south right-of-way line
538	538	of Rock Prairie Road East (57.5 feet south of the surveyed
539	539	centerline) and the west line of Lot 1 of Rock Prairie Baptist
540	540	Church (vol. 7312, pg. 207), from where City of College Station GPS
541	541	control monument no. 9 bears S 78° 01' 24" E - 3240.0 feet.
542	542	Thence S 82° 02' 02" E - 414.05 feet along said south
543	543	right-of-way line, parallel and 7.50 feet south of the north line of
544	544	said Lot 1, to its intersection with the east line of said Lot 1;
545	545	Thence S 20° 22' 54" E - 600.82 feet along the east line of Lot
546	546	1 to its southeast corner;
547	547	Thence N 82° 02' 02" W - 699.33 feet along the south line of
548	548	Lot 1 to its southwest corner;
549	549	Thence N 7° 57' 58" E - 528.77 feet along the west line of Lot 1
550	550	to the Point of Beginning and containing 6.76 acres of land more or
551	551	less.
552	552	Leaving a net acreage for this described tract of 1301.76
553	553	acres more or less.
554	554	SECTION 3. (a) The legal notice of the intention to
555	555	introduce this Act, setting forth the general substance of this
556	556	Act, has been published as provided by law, and the notice and a
557	557	copy of this Act have been furnished to all persons, agencies,
558	558	officials, or entities to which they are required to be furnished
559	559	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
560	560	Government Code.
561	561	(b) The governor, one of the required recipients, has
562	562	submitted the notice and Act to the Texas Commission on
563	563	Environmental Quality.
564	564	(c) The Texas Commission on Environmental Quality has filed
565	565	its recommendations relating to this Act with the governor,
566	566	lieutenant governor, and speaker of the house of representatives
567	567	within the required time.
568	568	(d) The general law relating to consent by political
569	569	subdivisions to the creation of districts with conservation,
570	570	reclamation, and road powers and the inclusion of land in those
571	571	districts has been complied with.
572	572	(e) All requirements of the constitution and laws of this
573	573	state and the rules and procedures of the legislature with respect
574	574	to the notice, introduction, and passage of this Act have been
575	575	fulfilled and accomplished.
576	576	SECTION 4. This Act takes effect immediately if it receives
577	577	a vote of two-thirds of all the members elected to each house, as
578	578	provided by Section 39, Article III, Texas Constitution. If this
579	579	Act does not receive the vote necessary for immediate effect, this
580	580	Act takes effect September 1, 2013.
581	581	* * * * *