Texas 2013 - 83rd Regular

Texas House Bill HB3875 Compare Versions

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1	1	By: Raney, Kacal (Senate Sponsor - Schwertner) H.B. No. 3875
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 4, Nays 0; May 16, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the creation of Rock Prairie Management District No. 1;
11	11	providing authority to issue bonds; providing authority to impose
12	12	assessments or fees.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle C, Title 4, Special District Local Laws
15	15	Code, is amended by adding Chapter 3908 to read as follows:
16	16	CHAPTER 3908. ROCK PRAIRIE MANAGEMENT DISTRICT NO. 1
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 3908.001. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the district's board of directors.
20	20	(2) "City" means the City of College Station.
21	21	(3) "County" means Brazos County.
22	22	(4) "Director" means a board member.
23	23	(5) "District" means the Rock Prairie Management
24	24	District No. 1.
25	25	Sec. 3908.002. NATURE OF DISTRICT. The Rock Prairie
26	26	Management District No. 1 is a special district created under
27	27	Section 59, Article XVI, Texas Constitution.
28	28	Sec. 3908.003. PURPOSE; DECLARATION OF INTENT. (a) The
29	29	creation of the district is essential to accomplish the purposes of
30	30	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
31	31	Texas Constitution, and other public purposes stated in this
32	32	chapter. By creating the district and in authorizing the city, the
33	33	county, and other political subdivisions to contract with the
34	34	district, the legislature has established a program to accomplish
35	35	the public purposes set out in Section 52-a, Article III, Texas
36	36	Constitution.
37	37	(b) The creation of the district is necessary to promote,
38	38	develop, encourage, and maintain employment, commerce,
39	39	transportation, housing, tourism, recreation, the arts,
40	40	entertainment, economic development, safety, and the public
41	41	welfare in the district.
42	42	(c) This chapter and the creation of the district may not be
43	43	interpreted to relieve the city or the county from providing the
44	44	level of services provided as of the effective date of the Act
45	45	enacting this chapter to the area in the district. The district is
46	46	created to supplement and not to supplant city or county services
47	47	provided in the district.
48	48	Sec. 3908.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
49	49	The district is created to serve a public use and benefit.
50	50	(b) All land and other property included in the district
51	51	will benefit from the improvements and services to be provided by
52	52	the district under powers conferred by Sections 52 and 52-a,
53	53	Article III, and Section 59, Article XVI, Texas Constitution, and
54	54	other powers granted under this chapter.
55	55	(c) The creation of the district is in the public interest
56	56	and is essential to further the public purposes of:
57	57	(1) developing and diversifying the economy of the
58	58	state;
59	59	(2) eliminating unemployment and underemployment; and
60	60	(3) developing or expanding transportation and
61	61	commerce.
62	62	(d) The district will:
63	63	(1) promote the health, safety, and general welfare of
64	64	residents, employers, potential employees, employees, visitors,
65	65	and consumers in the district, and of the public;
66	66	(2) provide needed funding for the district to
67	67	preserve, maintain, and enhance the economic health and vitality of
68	68	the district territory as a community and business center;
69	69	(3) promote the health, safety, welfare, and enjoyment
70	70	of the public by providing pedestrian ways and by landscaping and
71	71	developing certain areas in the district, which are necessary for
72	72	the restoration, preservation, and enhancement of scenic beauty;
73	73	and
74	74	(4) provide for water, wastewater, drainage, road, and
75	75	recreational facilities for the district.
76	76	(e) Pedestrian ways along or across a street, whether at
77	77	grade or above or below the surface, and street lighting, street
78	78	landscaping, parking, and street art objects are parts of and
79	79	necessary components of a street and are considered to be a street
80	80	or road improvement.
81	81	(f) The district will not act as the agent or
82	82	instrumentality of any private interest even though the district
83	83	will benefit many private interests as well as the public.
84	84	Sec. 3908.005. INITIAL DISTRICT TERRITORY. (a) The
85	85	district is initially composed of the territory described by
86	86	Section 2 of the Act enacting this chapter.
87	87	(b) The boundaries and field notes contained in Section 2 of
88	88	the Act enacting this chapter form a closure. A mistake in the
89	89	field notes or in copying the field notes in the legislative process
90	90	does not affect the district's:
91	91	(1) organization, existence, or validity;
92	92	(2) right to issue any type of bond for the purposes
93	93	for which the district is created or to pay the principal of and
94	94	interest on the bond;
95	95	(3) right to impose or collect an assessment; or
96	96	(4) legality or operation.
97	97	Sec. 3908.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
98	98	All or any part of the area of the district is eligible to be
99	99	included in:
100	100	(1) a tax increment reinvestment zone created under
101	101	Chapter 311, Tax Code;
102	102	(2) a tax abatement reinvestment zone created under
103	103	Chapter 312, Tax Code;
104	104	(3) an enterprise zone created under Chapter 2303,
105	105	Government Code; or
106	106	(4) an industrial district created under Chapter 42,
107	107	Local Government Code.
108	108	Sec. 3908.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
109	109	DISTRICTS LAW. Except as otherwise provided by this chapter,
110	110	Chapter 375, Local Government Code, applies to the district.
111	111	Sec. 3908.008. CONSTRUCTION OF CHAPTER. This chapter shall
112	112	be liberally construed in conformity with the findings and purposes
113	113	stated in this chapter.
114	114	SUBCHAPTER B. BOARD OF DIRECTORS
115	115	Sec. 3908.051. GOVERNING BODY; TERMS. (a) The district is
116	116	governed by a board of 11 voting directors who serve staggered terms
117	117	of four years, with 5 or 6 directors' terms expiring June 1 of each
118	118	odd-numbered year.
119	119	(b) The city by resolution may change the number of voting
120	120	directors on the board if the governing body of the city determines
121	121	that the change is in the best interest of the district. The board
122	122	may not consist of fewer than 7 or more than 15 voting directors.
123	123	Sec. 3908.052. APPOINTMENT OF VOTING DIRECTORS. The mayor
124	124	and members of the governing body of the city shall appoint voting
125	125	directors. A person is appointed if a majority of those members and
126	126	the mayor vote to appoint that person.
127	127	Sec. 3908.053. NONVOTING DIRECTORS. The board may appoint
128	128	nonvoting directors to serve at the pleasure of the voting
129	129	directors.
130	130	Sec. 3908.054. QUORUM. For purposes of determining the
131	131	requirements for a quorum of the board, the following are not
132	132	counted:
133	133	(1) a board position vacant for any reason, including
134	134	death, resignation, or disqualification;
135	135	(2) a director who is abstaining from participation in
136	136	a vote because of a conflict of interest; or
137	137	(3) a nonvoting director.
138	138	Sec. 3908.055. INITIAL VOTING DIRECTORS. (a) The mayor and
139	139	members of the governing body of the city shall appoint initial
140	140	voting directors by position in accordance with Section 3908.052.
141	141	(b) Of the initial directors, the terms of directors
142	142	appointed for positions 1 through 5 expire June 1, 2015, and the
143	143	terms of directors appointed for positions 6 through 11 expire June
144	144	1, 2017.
145	145	(c) This section expires September 1, 2017.
146	146	SUBCHAPTER C. POWERS AND DUTIES
147	147	Sec. 3908.101. GENERAL POWERS AND DUTIES. The district has
148	148	the powers and duties necessary to accomplish the purposes for
149	149	which the district is created.
150	150	Sec. 3908.102. IMPROVEMENT PROJECTS AND SERVICES. The
151	151	district may provide, design, construct, acquire, improve,
152	152	relocate, operate, maintain, or finance an improvement project or
153	153	service using any money available to the district, or contract with
154	154	a governmental or private entity to provide, design, construct,
155	155	acquire, improve, relocate, operate, maintain, or finance an
156	156	improvement project or service authorized under this chapter or
157	157	Chapter 375, Local Government Code.
158	158	Sec. 3908.103. DEVELOPMENT CORPORATION POWERS. The
159	159	district, using money available to the district, may exercise the
160	160	powers given to a development corporation under Chapter 505, Local
161	161	Government Code, including the power to own, operate, acquire,
162	162	construct, lease, improve, or maintain a project under that
163	163	chapter.
164	164	Sec. 3908.104. NONPROFIT CORPORATION. (a) The board by
165	165	resolution may authorize the creation of a nonprofit corporation to
166	166	assist and act for the district in implementing a project or
167	167	providing a service authorized by this chapter.
168	168	(b) The nonprofit corporation:
169	169	(1) has each power of and is considered to be a local
170	170	government corporation created under Subchapter D, Chapter 431,
171	171	Transportation Code; and
172	172	(2) may implement any project and provide any service
173	173	authorized by this chapter.
174	174	(c) The board shall select directors from the board to serve
175	175	as the board of directors of the nonprofit corporation. The board
176	176	may appoint one or more persons who are not directors to the board
177	177	of directors of the nonprofit corporation if the governing body of
178	178	the city determines that the appointment is in the best interest of
179	179	the district. The board of directors of the nonprofit corporation
180	180	shall serve in the same manner as the board of directors of a local
181	181	government corporation created under Subchapter D, Chapter 431,
182	182	Transportation Code, except that a board member is not required to
183	183	reside in the district.
184	184	Sec. 3908.105. AGREEMENTS; GRANTS. (a) As provided by
185	185	Chapter 375, Local Government Code, the district may make an
186	186	agreement with or accept a gift, grant, or loan from any person.
187	187	(b) The implementation of a project is a governmental
188	188	function or service for the purposes of Chapter 791, Government
189	189	Code.
190	190	Sec. 3908.106. LAW ENFORCEMENT SERVICES. To protect the
191	191	public interest, the district may contract with a qualified party,
192	192	including the county or the city, to provide law enforcement
193	193	services in the district for a fee.
194	194	Sec. 3908.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
195	195	district may join and pay dues to a charitable or nonprofit
196	196	organization that performs a service or provides an activity
197	197	consistent with the furtherance of a district purpose.
198	198	Sec. 3908.108. ECONOMIC DEVELOPMENT. (a) The district may
199	199	engage in activities that accomplish the economic development
200	200	purposes of the district.
201	201	(b) The district may establish and provide for the
202	202	administration of one or more programs to promote state or local
203	203	economic development and to stimulate business and commercial
204	204	activity in the district, including programs to:
205	205	(1) make loans and grants of public money; and
206	206	(2) provide district personnel and services.
207	207	(c) The district may create economic development programs
208	208	and exercise the economic development powers provided to
209	209	municipalities by:
210	210	(1) Chapter 380, Local Government Code; and
211	211	(2) Subchapter A, Chapter 1509, Government Code.
212	212	Sec. 3908.109. PARKING FACILITIES. (a) The district may
213	213	acquire, lease as lessor or lessee, construct, develop, own,
214	214	operate, and maintain parking facilities or a system of parking
215	215	facilities, including lots, garages, parking terminals, or other
216	216	structures or accommodations for parking motor vehicles off the
217	217	streets and related appurtenances.
218	218	(b) The district's parking facilities serve the public
219	219	purposes of the district and are owned, used, and held for a public
220	220	purpose even if leased or operated by a private entity for a term of
221	221	years.
222	222	(c) The district's parking facilities are parts of and
223	223	necessary components of a street and are considered to be a street
224	224	or road improvement.
225	225	(d) The development and operation of the district's parking
226	226	facilities may be considered an economic development program.
227	227	Sec. 3908.110. ANNEXATION OF LAND. The district may annex
228	228	land as provided by Subchapter J, Chapter 49, Water Code.
229	229	Sec. 3908.111. APPROVAL BY CITY. (a) Except as provided by
230	230	Subsection (c), the district must obtain the approval of the city
231	231	for:
232	232	(1) the issuance of bonds;
233	233	(2) the plans and specifications of an improvement
234	234	project financed by bonds; and
235	235	(3) the plans and specifications of an improvement
236	236	project related to the use of land owned by the city, an easement
237	237	granted by the city, or a right-of-way of a street, road, or
238	238	highway.
239	239	(b) The district may not issue bonds until the governing
240	240	body of the city adopts a resolution or ordinance authorizing the
241	241	issuance of the bonds.
242	242	(c) If the district obtains the approval of the city of a
243	243	capital improvements budget for a period not to exceed 10 years, the
244	244	district may finance the capital improvements and issue bonds
245	245	specified in the budget without further approval from the city.
246	246	(d) The governing body of the city:
247	247	(1) is not required to adopt a resolution or ordinance
248	248	to approve plans and specifications described by Subsection (a);
249	249	and
250	250	(2) may establish an administrative process to approve
251	251	plans and specifications described by Subsection (a) without the
252	252	involvement of the governing body.
253	253	Sec. 3908.112. NO EMINENT DOMAIN POWER. The district may
254	254	not exercise the power of eminent domain.
255	255	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
256	256	Sec. 3908.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
257	257	board by resolution shall establish the number of directors'
258	258	signatures and the procedure required for a disbursement or
259	259	transfer of district money.
260	260	Sec. 3908.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
261	261	The district may acquire, construct, finance, operate, or maintain
262	262	any improvement or service authorized under this chapter or Chapter
263	263	375, Local Government Code, using any money available to the
264	264	district.
265	265	Sec. 3908.153. PETITION REQUIRED FOR FINANCING SERVICES AND
266	266	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
267	267	service or improvement project with assessments under this chapter
268	268	unless a written petition requesting that service or improvement
269	269	has been filed with the board.
270	270	(b) A petition filed under Subsection (a) must be signed by
271	271	the owners of a majority of the assessed value of real property in
272	272	the district subject to assessment according to the most recent
273	273	certified tax appraisal roll for the county.
274	274	Sec. 3908.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
275	275	The board by resolution may impose and collect an assessment for any
276	276	purpose authorized by this chapter in all or any part of the
277	277	district.
278	278	(b) An assessment, a reassessment, or an assessment
279	279	resulting from an addition to or correction of the assessment roll
280	280	by the district, penalties and interest on an assessment or
281	281	reassessment, an expense of collection, and reasonable attorney's
282	282	fees incurred by the district:
283	283	(1) are a first and prior lien against the property
284	284	assessed;
285	285	(2) are superior to any other lien or claim other than
286	286	a lien or claim for county, school district, or municipal ad valorem
287	287	taxes; and
288	288	(3) are the personal liability of and a charge against
289	289	the owners of the property even if the owners are not named in the
290	290	assessment proceedings.
291	291	(c) The lien is effective from the date of the board's
292	292	resolution imposing the assessment until the date the assessment is
293	293	paid. The board may enforce the lien in the same manner that the
294	294	board may enforce an ad valorem tax lien against real property.
295	295	(d) The board may make a correction to or deletion from the
296	296	assessment roll that does not increase the amount of assessment of
297	297	any parcel of land without providing notice and holding a hearing in
298	298	the manner required for additional assessments.
299	299	Sec. 3908.155. EXEMPTIONS. Section 375.162, Local
300	300	Government Code, does not apply to an organization exempt from
301	301	federal income tax under Section 501(a), Internal Revenue Code of
302	302	1986, by being described by Section 501(c)(3) of that code,
303	303	operating in the district. The organization is not exempt from
304	304	paying a district assessment.
305	305	Sec. 3908.156. ASSESSMENT ABATEMENT. The district may
306	306	designate reinvestment zones and may grant abatements of an
307	307	assessment on property in the zones.
308	308	Sec. 3908.157. NO AD VALOREM TAX. The district may not
309	309	impose an ad valorem tax.
310	310	SUBCHAPTER E. BONDS
311	311	Sec. 3908.201. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
312	312	AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
313	313	determined by the board.
314	314	(b) The district may issue, without an election, bonds,
315	315	notes, or other obligations payable wholly or partly from
316	316	assessments, impact fees, revenue, contract payments, grants, or
317	317	other district money, or any combination of those sources of money,
318	318	to pay for any authorized district purpose.
319	319	Sec. 3908.202. CITY NOT REQUIRED TO PAY DISTRICT
320	320	OBLIGATIONS. Except as provided by Section 375.263, Local
321	321	Government Code, the city is not required to pay a bond, note, or
322	322	other obligation of the district.
323	323	SECTION 2. Rock Prairie Management District No. 1 initially
324	324	includes all territory contained in the following area:
325	325	All that certain tract or parcel of land lying and being
326	326	situated in the Crawford Burnett league (abstract no. 7), Robert
327	327	Stevenson league (abstract no. 54) and Thomas Caruthers league
328	328	(abstract no. 9) in College Station, Brazos County, Texas,
329	329	generally being an area centered around the intersection of Rock
330	330	Prairie Road and State Highway no. 6, and the boundary being more
331	331	particularly described as follows:
332	332	Beginning at the intersection of the south right-of-way line
333	333	of Rock Prairie Road East (60 feet south of surveyed centerline) and
334	334	the east boundary of Block 7 of the Scott & White Healthcare
335	335	Subdivision (vol. 10179, pg. 50), being the northeast corner of Lot
336	336	1, Block 7 of said subdivision, and from where the City of College
337	337	Station GPS control monument no. 9 bears S 82° 02' 35" E - 7016.5
338	338	feet.
339	339	Thence along the east boundary lines of said Scott & White
340	340	subdivision as follows:
341	341	S 2° 42' 34" E - 1023.83 feet, S 50° 49' 32" W - 930.60
342	342	feet, S 47° 37' 11" E - 128.13 feet and S 41° 15' 39" W - 1224.44 feet
343	343	to the northeast right-of-way line of State Highway no. 6;
344	344	Thence along the said highway northeast right-of-way lines as
345	345	follows:
346	346	S 34° 27' 26" E - 55.00 feet, S 27° 43' 31" E - 192.30
347	347	feet, S 36° 45' 17" E - 383.87 feet and S 42° 27' 25" E - 105.18 feet
348	348	to a southeast line of that M.D. Wheeler, Ltd. 10.01 acre Tract One
349	349	(vol. 3007, pg. 341);
350	350	Thence along the southeast lines of said M.D. Wheeler Tract
351	351	One and the southwest lines of 71.52 acre Tract Two as follows:
352	352	N 41° 43' 32" E - 194.25 feet, N 21° 27' 46" E - 145.09
353	353	feet, S 46° 46' 09" E - 304.24 feet and S 47° 42' 33" E - 177.08 feet
354	354	to the west corner of that IHD Properties, LLC 2.77 acre Tract One
355	355	(vol. 10144, pg. 203);
356	356	Thence along the north, east and south lines of said IHD
357	357	Properties tract as follows:
358	358	N 72° 19' 02" E - 202.14 feet, S 47° 42' 56" E - 638.83
359	359	feet and S 42° 17' 04" W - 175.00 feet to the northeast common corner
360	360	of the Harley Subdivision (vol. 3961, pg. 236) and Cooper's
361	361	Subdivision (vol. 4708, pg. 230) in a southwest line of said Wheeler
362	362	Tract Two;
363	363	Thence S 47° 42' 16" E - 1053.70 feet along the northeast line
364	364	of said Cooper's Subdivision and continuing along the northeast
365	365	line of the Barker Subdivision (vol. 5101, pg. 182) to its east
366	366	corner;
367	367	Thence S 38° 51' 07" W - 279.95 feet along the southeast line
368	368	of said Barker Subdivision to its south corner in the northeast line
369	369	of State Highway no. 6, also being a west corner of the City of
370	370	College Station 46.60 acre tract (vol. 3310, pg. 321);
371	371	Thence crossing said highway and along its southwest
372	372	right-of-way lines as follows:
373	373	S 58° 32' 52" W - 371.50 feet, N 49° 25' 00" W - 238.23
374	374	feet, N 43° 42' 22" W - 201.00 feet, N 49° 25' 00" W - 1400.00 feet, N
375	375	46° 52' 14" W - 413.20 feet, N 38° 34' 52" W - 507.10 feet, N 32° 13'
376	376	53" W - 534.28 feet, N 27° 56' 32" W - 200.56 feet, N 32° 13' 53" W -
377	377	400.00 feet, N 35° 05' 29" W - 200.28 feet and N 82° 25' 23" W - 78.10
378	378	feet to the westerly north corner of Lot 1, Block 1 of Graham Corner
379	379	Plaza (vol. 5878, pg. 129) in the southeast line of Graham Road;
380	380	Thence N 40° 30' 48" W - 71.60 feet across Graham Road to the
381	381	east corner of the remainder of the Jack E. Winslow, Jr. 3.0 acre
382	382	tract (vol. 2291, pg 140 and vol. 2835, pg. 180) in the northwest
383	383	line of Graham Road (vol. 2086, pg. 58);
384	384	Thence N 32° 13' 25" W - 311.17 feet, along the southwest
385	385	right-of-way line of State Highway no. 6, to the north corner of the
386	386	said Winslow 3.0 acre tract;
387	387	Thence N 43° 01' 34" W - 187.16 feet, continuing along the
388	388	southwest highway right-of-way to its intersection with the
389	389	southeast right-of-way line of Birmingham Drive, at the north
390	390	corner of Lot 1, Block 2 of Belmont Place (vol. 816, pg. 681);
391	391	Thence S 56° 19' 13" W - 882.77 feet, along the said southeast
392	392	line of Birmingham Drive, along the northwest line of said Belmont
393	393	Place (vol. 816, pg. 681), Belmont Place Section Three (vol. 9485,
394	394	pg. 231) and across Longmire Drive to the westerly north corner of
395	395	Lot 3, Block Four of Belmont Place Section Three (vol. 8104, pg.
396	396	183);
397	397	Thence along the east, south and west lines of said Lot 3,
398	398	Block Four as follows:
399	399	S 76° 46' 03" E - 34.73 feet, S 33° 37' 31" E - 63.93 feet
400	400	to the beginning of a tangent curve to the right with a radius of
401	401	605.00 feet, along said curve through a central angle of 13° 05' 29"
402	402	to the point of tangency, S 20° 32' 02" E - 77.73 feet to the east
403	403	corner of Lot 3, S 56° 19' 13" W - 192.21 feet and N 33° 40' 47" W -
404	404	302.00 feet to the west corner of Lot 3 in the southeast line of
405	405	Birmingham Drive;
406	406	Thence along the southeast right-of-way lines of Birmingham
407	407	Drive (vol. 1024, pg. 826) as follows:
408	408	S 56° 19' 13" W - 578.30 feet to the beginning of a
409	409	tangent curve to the left with a radius of 379.78, along said curve
410	410	through a central angle of 8° 39' 09" to the point of tangency and S
411	411	47° 40' 04" W - 248.52 feet to the northeast line of the City of
412	412	College Station 35.00 acre tract (vol. 692, pg. 506);
413	413	Thence along the northeast lines of the said City 35.00 acre
414	414	tract as follows:
415	415	S 48° 01' 03" E - 522.82 feet and S 46° 38' 56" E - 421.66
416	416	feet to the northwest right-of-way of Graham Road (vol. 1955, pg.
417	417	245);
418	418	Thence along the said northwest right-of-way lines of Graham
419	419	Road as follows:
420	420	S 41° 33' 01" W - 18.30 feet, S 42° 04' 18" W - 521.46 feet
421	421	and S 41° 03' 13" W - 319.08 feet to the southwest line of said 35.00
422	422	acre tract;
423	423	Thence N 47° 40' 02" W - 1753.06 feet along the said southwest
424	424	line of the 35.00 acre tract to the west corner of same in the common
425	425	line of the F.M. and Olive Arnold 50 acre tract (vol. 200, pg. 445)
426	426	and the Texas Hotel Management Corporation 17.215 acre tract (vol.
427	427	3665, pg. 248);
428	428	Thence along the said common Arnold and Texas Hotel lines and
429	429	continuing along the northwest lines of Arnold Road (vol. 5027, pg.
430	430	162) as follows:
431	431	S 43° 02' 52" W - 190.23 feet, S 42° 48' 34" E - 37.00
432	432	feet, S 43° 06' 26" W - 10.80 feet, N 42° 48' 34" W - 37.00 feet, S 43°
433	433	06' 26" W - 34.60 feet, S 65° 14' 25" W - 160.32 feet, N 47° 33' 07" W -
434	434	32.38 feet, S 63° 10' 11" W - 180.26 feet, to the beginning of a
435	435	tangent curve to the left with a radius of 405.00 feet, along said
436	436	curve through a central angle of 17° 37' 25" to the end of said
437	437	curve, and S 55° 19' 37" W - 5.32 feet to the east corner of the City
438	438	of College Station 9.93 acre tract (vol. 448, pg. 230);
439	439	Thence along the south, west and north boundary of Brian
440	440	Bachmann Athletic Park (formerly Southwood Athletic Park) and
441	441	continuing along Rock Prairie Road as follows:
442	442	S 41° 59' 07" W - 1027.13 feet along the northwest line
443	443	of Arnold Road and southeast lines of the said City 9.93 acre tract
444	444	and the City 15.89 acre tract (vol. 448, pg. 232), N 43° 45' 01" W -
445	445	1185.92 feet, along the southwest line of said 15.89 acre tract to
446	446	the southeast right-of-way line of Rock Prairie Road (80' R.O.W. -
447	447	vol. 779, pg. 571), N 51° 57' 01" E - 1177.50 feet along said
448	448	southeast line of Rock Prairie Road to the beginning of a tangent
449	449	curve to the right with a radius of 1006.62 feet in the southeast
450	450	boundary of Southwood Terrace Phase 3-C (vol. 523, pg. 431), along
451	451	said curve through a central angle of 8° 11' 51" to the point of
452	452	tangency, N 60° 08' 52" E - 1486.99 feet along the southeast boundary
453	453	of Southwood Terrace Phase 3-B (vol. 579, pg. 380) and Phase 3-A
454	454	(vol. 519, pg. 378) to the beginning of a tangent curve to the right
455	455	with a radius of 960.00 feet, along said curve through a central
456	456	angle of 18° 38' 31" to the point of tangency, N 78° 47' 23" E - 14.90
457	457	feet and N 11° 12' 37" W - 79.72 feet across Rock Prairie Road to the
458	458	southwest corner of the Remington Subdivision (vol. 1239, pg. 219);
459	459	Thence along the west boundary lines of said Remington
460	460	Subdivision, the northwest boundary of Tract B, Ponderosa Place
461	461	Section Two (vol. 2680, pg. 321) and Longmire Place (vol. 3377, pg.
462	462	155) and along the southwest boundary of Ponderosa Place (vol. 490,
463	463	pg. 169) as follows:
464	464	N 26° 55' 04" W - 252.32 feet, N 17° 18' 19" E - 259.07
465	465	feet, N 42° 34' 17" E - 624.79 feet and N 40° 39' 13" W - 796.43 feet
466	466	to the west corner of Lot 4, Block 21 of Ponderosa Place, in the
467	467	southeast line of Ponderosa Road;
468	468	Thence N 49° 20' 47" E - 1150.00 feet, along the southeast
469	469	right-of-way line of Ponderosa Road, to the north corner of Lot 1,
470	470	Block 19 of Ponderosa Place, in the southwest right-of-way of State
471	471	Highway no. 6;
472	472	Thence along the said highway southwest right-of-way lines as
473	473	follows:
474	474	S 40° 39' 13" E - 480.00 feet, S 32° 12' 28" E - 185.04
475	475	feet, S 41° 13' 02" E - 80.23 feet and S 17° 22' 13" E - 34.06 feet to
476	476	the southeast line of Lot 1, Block 20 of Ponderosa Place;
477	477	Thence N 78° 53' 01" E - 493.32 feet, across State Highway no.
478	478	6 to the west corner of Lot 2-B, Block One of Cornerstone Commercial
479	479	Section One (vol. 3922, pg. 282) in the southeast right-of-way line
480	480	of Woodcreek Drive;
481	481	Thence along the southeast right-of-way of Woodcreek Drive as
482	482	follows:
483	483	Along the arc of a curve to the right with a radius of
484	484	890.00 feet, through a central angle of 9° 52' 07", the chord of
485	485	which bears N 52° 46' 54" E - 153.10 feet, N 57° 42' 58" E - 318.00
486	486	feet to the beginning of a tangent curve to the left with a radius of
487	487	835.00 feet, along said curve through a central angle of 8° 00' 00"
488	488	to the north corner of Lot 1 (vol. 3283, pg. 201);
489	489	Thence along the northeast lines of Lot 1 and Lot 2-A of said
490	490	Cornerstone Commercial Section One as follows:
491	491	S 40° 17' 03" E - 155.81 feet to the east common corner of
492	492	Lot 1 and Lot 2-A and the beginning of a tangent curve to the right
493	493	with a radius of 600.00 feet, along said arc through a central angle
494	494	of 16° 01' 29" to the point of tangency, and S 24° 15' 34" E - 280.69
495	495	feet to the most easterly corner of said Lot 2-A;
496	496	Thence along the south boundary lines of Woodcreek Section 4
497	497	(vol. 1315, pg. 217), Section Six South (vol. 2109, pg. 199) and
498	498	Section Seven (vol. 2580, pg. 113), defining the north boundary
499	499	lines of the remainder of the Edward Jr. and Beatrice Uvaceck tract
500	500	(vol. 274, pg. 383 and vol. 321, pg. 664), as follows:
501	501	N 24° 13' 07" E - 555.17 feet, N 79° 45' 53" E - 313.69
502	502	feet, S 48° 05' 30" E - 216.00 feet, S 44° 28' 03" E - 75.26 feet, S 28°
503	503	11' 32" E - 108.12 feet, S 34° 34' 23" E - 162.74 feet, S 39° 46' 00" E
504	504	- 149.62 feet, S 44° 34' 42" E - 282.83 feet, N 24° 16' 33" E - 134.65
505	505	feet and N 68° 52' 20" E - 230.83 feet to the northwest corner of the
506	506	Riviera Addition (vol. 6607, pg. 97);
507	507	Thence S 15° 28' 15" E - 269.56 feet, along the west line of
508	508	said Riviera Addition, to the north right-of-way line of Rock
509	509	Prairie Road East (59.0 feet north of surveyed centerline);
510	510	Thence S 86° 27' 34" E - 961.09 feet, along said north
511	511	right-of-way line, to its intersection with an extension of the
512	512	east boundary of Block 7 of the Scott & White Healthcare
513	513	Subdivision;
514	514	Thence S 2° 42' 34" E - 120.04 feet, across Rock Prairie Road,
515	515	to the Point of Beginning and containing 437.07 acres of land more
516	516	or less.
517	517	SECTION 3. (a) The legal notice of the intention to
518	518	introduce this Act, setting forth the general substance of this
519	519	Act, has been published as provided by law, and the notice and a
520	520	copy of this Act have been furnished to all persons, agencies,
521	521	officials, or entities to which they are required to be furnished
522	522	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
523	523	Government Code.
524	524	(b) The governor, one of the required recipients, has
525	525	submitted the notice and Act to the Texas Commission on
526	526	Environmental Quality.
527	527	(c) The Texas Commission on Environmental Quality has filed
528	528	its recommendations relating to this Act with the governor,
529	529	lieutenant governor, and speaker of the house of representatives
530	530	within the required time.
531	531	(d) The general law relating to consent by political
532	532	subdivisions to the creation of districts with conservation,
533	533	reclamation, and road powers and the inclusion of land in those
534	534	districts has been complied with.
535	535	(e) All requirements of the constitution and laws of this
536	536	state and the rules and procedures of the legislature with respect
537	537	to the notice, introduction, and passage of this Act have been
538	538	fulfilled and accomplished.
539	539	SECTION 4. This Act takes effect immediately if it receives
540	540	a vote of two-thirds of all the members elected to each house, as
541	541	provided by Section 39, Article III, Texas Constitution. If this
542	542	Act does not receive the vote necessary for immediate effect, this
543	543	Act takes effect September 1, 2013.
544	544	* * * * *