83R10492 JSL-F
By: Schwertner S.B. No. 1851
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Rock Prairie Management District No. 2;
providing authority to issue bonds; providing authority to impose
assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3909 to read as follows:
CHAPTER 3909. ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3909.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of College Station.
(3) "County" means Brazos County.
(4) "Director" means a board member.
(5) "District" means the Rock Prairie Management
District No. 2.
Sec. 3909.002. NATURE OF DISTRICT. The Rock Prairie
Management District No. 2 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3909.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the city, the
county, and other political subdivisions to contract with the
district, the legislature has established a program to accomplish
the public purposes set out in Section 52-a, Article III, Texas
Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city or the county from providing the
level of services provided as of the effective date of the Act
enacting this chapter to the area in the district. The district is
created to supplement and not to supplant city or county services
provided in the district.
Sec. 3909.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3909.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3909.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
Sec. 3909.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3909.008. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3909.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring
June 1 of each odd-numbered year.
(b) The board by resolution may change the number of voting
directors on the board if the board determines that the change is in
the best interest of the district and the change is approved by the
city. The board may not consist of fewer than 5 or more than 15
voting directors.
Sec. 3909.052. RECOMMENDATIONS FOR SUCCEEDING BOARD. (a)
Each board of directors, including the initial board, shall
recommend to the governing body of the city persons to serve on the
succeeding board.
(b) The governing body of the city shall review the
recommendations and approve or disapprove the directors
recommended by the board. A person is appointed if a majority of the
members of the governing body and the mayor vote to appoint that
person.
(c) If the governing body of the city is not satisfied with
the recommendations submitted by the board and does not vote to
approve the recommended board members, the board, on the request of
the governing body, shall submit to the governing body additional
recommendations. If, after the second submission of
recommendations, the governing body does not vote to approve the
additional recommendations of the board, the governing body may
appoint persons who were not recommended to serve on the succeeding
board.
(d) Board members may serve successive terms.
(e) If a provision of Subsections (a)-(d) is found to be
invalid, the Texas Commission on Environmental Quality shall
appoint the board from recommendations submitted by the
then-current board.
Sec. 3909.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3909.054. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. 3909.055. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors:
Pos. No. Name of Director
1
2
3
4
5
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2015, and
the terms of directors appointed for positions four and five expire
June 1, 2017.
(c) Section 3909.052 does not apply to this section.
(d) This section expires September 1, 2017.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3909.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3909.102. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using any money available to the district, or contract with
a governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter or
Chapter 375, Local Government Code.
Sec. 3909.103. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 3909.104. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall select directors from the board to serve
as the board of directors of the nonprofit corporation. The board
may appoint one or more persons who are not directors to the board
of directors of the nonprofit corporation if the governing body of
the city determines that the appointment is in the best interest of
the district. The board of directors of the nonprofit corporation
shall serve in the same manner as the board of directors of a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code, except that a board member is not required to
reside in the district.
Sec. 3909.105. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3909.106. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county or the city, to provide law enforcement
services in the district for a fee.
Sec. 3909.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3909.108. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3909.109. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3909.110. ANNEXATION OF LAND. The district may annex
land as provided by Subchapter J, Chapter 49, Water Code.
Sec. 3909.111. APPROVAL BY CITY. (a) Except as provided by
Subsection (c), the district must obtain the approval of the city
for:
(1) the issuance of bonds;
(2) the plans and specifications of an improvement
project financed by bonds; and
(3) the plans and specifications of an improvement
project related to the use of land owned by the city, an easement
granted by the city, or a right-of-way of a street, road, or
highway.
(b) The district may not issue bonds until the governing
body of the city adopts a resolution or ordinance authorizing the
issuance of the bonds.
(c) If the district obtains the approval of the governing
body of the city of a capital improvements budget for a period not
to exceed 10 years, the district may finance the capital
improvements and issue bonds specified in the budget without
further approval from the city.
(d) The governing body of the city:
(1) is not required to adopt a resolution or ordinance
to approve plans and specifications described by Subsection (a);
and
(2) may establish an administrative process to approve
plans and specifications described by Subsection (a) without the
involvement of the governing body.
Sec. 3909.112. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3909.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 3909.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3909.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 3909.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3909.155. EXEMPTIONS. Section 375.162, Local
Government Code, does not apply to an organization exempt from
federal income tax under Section 501(a), Internal Revenue Code of
1986, by being described by Section 501(c)(3) of that code,
operating in the district. The organization is not exempt from
paying a district assessment.
Sec. 3909.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to a tax authorized
or approved by the voters of the district or a required payment for
a service provided by the district, including water and sewer
services.
Sec. 3909.157. TAX AND ASSESSMENT ABATEMENT. The district
may designate reinvestment zones and may grant abatements of
district taxes or assessments on property in the zones.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3909.201. ELECTIONS REGARDING TAXES AND BONDS. (a)
The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3909.203.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3909.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 3909.201, the district may
impose an operation and maintenance tax on taxable property in the
district in accordance with Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 3909.203. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 3909.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
determined by the board.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
Sec. 3909.205. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct annual ad valorem tax, without limit as to rate or amount,
for each year that all or part of the bonds are outstanding as
required and in the manner provided by Sections 54.601 and 54.602,
Water Code.
Sec. 3909.206. CITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the city is not required to pay a bond, note, or
other obligation of the district.
SECTION 2. Rock Prairie Management District No. 2 initially
includes all territory contained in the following area:
All that certain tract or parcel of land lying and being
situated in the Thomas Caruthers league (abstract no. 9) and Robert
Stevenson league (abstract no. 54) in College Station, Brazos
County, Texas, generally being the area between State Highway no. 6
and Rock Prairie Road East, from Medical Avenue to William D. Fitch
Parkway, save and except all of Lot 1, Rock Prairie Baptist Church
(vol. 7312, pg. 207) lying south of the south right-of-way of Rock
Prairie Road East, and the boundary being more particularly
described as follows:
Beginning at the intersection of the south right-of-way line
of Rock Prairie Road East (60 feet south of surveyed centerline) and
the east boundary of Block 7 of the Scott & White Healthcare
Subdivision (vol. 10179, pg. 50), being the northeast corner of Lot
1, Block 7 of said subdivision, and from where City of College
Station GPS control monument no. 9 bears S 82° 02' 35" E - 7016.5
feet.
Thence N 2 ° 42' 34" W - 120.04 feet along an extension of the
said east boundary line of Block 7, to a point in the north
right-of-way line of Rock Prairie Road East;
Thence along the north right-of-way lines of Rock Prairie
Road East (59.0 feet north of the surveyed centerline) as follows:
S 86° 27' 34" E - 1771.13 feet, S 85° 02' 05" E - 1228.54
feet and S 84° 23' 02" E - 10.29 feet to a right-of-way offset point
in the common line of the Dale and Reba Conrad 26.25 acre tract
(vol. 460, pg. 505) and the Flying Ace Ranch, Ltd. 26.245 acre tract
(vol. 3767, pg. 237);
Thence S 24° 22' 52" W - 1.58 feet along said common tract line
to another offset point in the north right-of-way line of Rock
Prairie Road East;
Thence along the north right-of-way lines of Rock Prairie
Road East (57.5 feet north of the surveyed centerline) as follows:
S 84° 23' 02" E - 606.93 feet, S 82° 02' 02" E - 1453.40
feet, S 77° 01' 02" E - 1052.59 feet, S 76° 28' 02" E - 2876.58 feet,
S 69° 53' 32" E - 2812.30 feet to the beginning of a tangent curve to
the right with a radius of 1057.50 feet, along said curve through a
central angle of 11° 43' 34" to a point in the old northeast
prescriptive right-of-way fenceline, and S 69° 17' 50" E - 269.35
feet along said fenceline to the southeast line of the Hartzell
Elkins 35.37 acre tract (vol. 1920, pg. 323) and northwest line of
William D. Fitch Parkway;
Thence across Rock Prairie Road East as follows:
S 42° 32' 30" W - 32.00 feet to the south corner of said
Elkins tract, called to be in the centerline of the road, S 19° 52'
04" W - 36.01 feet to the east corner of the College Station
Independent School District 44.535 acre tract (vol. 8413, pg. 291)
at the old right-of-way fence corner post, and S 41° 51' 48" W -
170.08 feet along the southeast line of said C.S.I.S.D. tract and
northwest line of Fitch Parkway to its intersection with the south
right-of-way chamfer of Rock Prairie Road East;
Thence along the south right-of-way lines of Rock Prairie
Road East (57.5 feet south of the surveyed centerline) as follows:
N 5° 38' 11" W - 67.56 feet, N 53° 08' 10" W - 112.88 feet
to the beginning of a tangent curve to the left with a radius of
942.50 feet, along said curve through a central angle of 16° 45' 22"
to the point of tangency, and N 69° 53' 32" W - 551.37 feet to the
common line of said C.S.I.S.D. tract and the Brazos Valley Solid
Waste Management Agency, Inc. 76.00 acre Tract II (vol. 9857, pg.
186);
Thence S 41° 51' 48" W - 1842.68 feet along said common tract
line to its southwest end in a northeast line of the B.V.S.W.M.A.
179.99 acre Tract I;
Thence S 48° 05' 47" E - 941.57 feet, along the common line of
said Tract I and the C.S.I.S.D. tract to their common corner in the
northwest right-of-way of William D. Fitch Parkway;
Thence S 41° 51' 48" W - 1425.30 feet, along said northwest
right-of-way line, to the south corner of the said B.V.S.W.M.A.
Tract I;
Thence S 41° 51' 48" W - 1066.80 feet, continuing along said
northwest right-of-way line of William D. Fitch Parkway, to the
east common corner of the City of College Station 140.29 acre Tract
One (vol. 3900, pg. 188) and Spring Meadows Phase I (vol. 5106, pg.
284);
Thence along the southern boundaries of multiple City of
College Station tracts (vol. 3900, pgs. 188 & 223, vol. 5056, pg.
43) as follows:
N 73° 00' 00" W - 496.40 feet, S 51° 00' 00" W - 175.05
feet, N 76° 00' 00" W - 200.00 feet, S 41° 51' 44" W - 51.88 feet, N 70°
46' 00" W - 157.10 feet, S 41° 51' 44" W - 262.67 feet, N 82° 55' 43" W
- 700.87 feet, S 41° 52' 26" W - 650.00, N 48° 08' 02" W - 412.47 feet,
S 66° 47' 54" W - 827.57 feet, N 47° 45' 25" W - 129.90 feet, S 28° 59'
29" W - 2.01 feet, S 41° 48' 43" W - 336.13 feet, S 48° 45' 08" E -
440.00 feet and S 53° 00'00" W - 1304.90 feet to the northeast
right-of-way line of State Highway no. 6;
Thence along the northeast right-of-way lines of said highway
as follows:
N 49° 25' 00" W - 438.00 feet, N 55° 07' 38" W - 201.00
feet, N 49° 25' 00" W - 751.78 feet to the west corner of the City of
College Station 36.9 acre tract (vol. 4329, pg. 134), and N 49° 25'
00" W - 1025.93 feet to the south corner of Barron Park Subdivision
(vol. 939, pg. 209);
Thence along the southeast, northeast and northwest lines of
Lots 1 and 2 of said Barron Park Subdivision as follows:
S 41° 09' 46" E - 1353.16 feet, N 49° 12' 46" W - 88.68
feet to the south corner of the City of College Station 100.64 acre
tract (vol. 6927, pg. 226), N 54° 07' 24" W - 291.11 feet, N 64° 27'
21" W - 117.03 feet, N 54° 53' 54" W - 24.95 feet, N 53° 19' 32" W -
113.87 feet, N 49° 26' 59" W - 190.11 feet and S 41° 09' 38" W -
1286.04 feet to the common corner of said Lot 2 and Lot 3 in the
northeast right-of-way line of State Highway no. 6;
Thence along the said northeast right-of-way lines of said
highway as follows:
N 47° 46' 18" W - 537.86 feet to the southwest common
corner of Lot 3 of said Barron Park Subdivision and that City of
College Station 46.60 acre tract (vol. 3310, pg. 321), N 47° 46' 48"
W - 65.34 feet, N 55° 07' 37" W - 201.00 feet, N 49° 25' 00" W - 600.00
feet and N 44° 08' 33" W - 147.79 feet to the southwest common corner
of said 46.60 acre tract and the Barker Subdivision (vol. 5101, pg.
182);
Thence N 38° 51' 07" E - 279.95 feet along the southeast line
of said Barker Subdivision to its east corner;
Thence N 47° 42' 16" W - 1053.70 feet along the northeast line
of said Barker Subdivision and continuing along the northeast line
of Cooper's Subdivision (vol. 4708, pg. 230) to its north corner,
also being the east corner of the Harley Subdivision (vol. 3961, pg.
236) and the south corner of that IHD Properties, LLC 2.77 acre
Tract One (vol. 10144, pg. 203);
Thence along the south, east and north lines of said IHD
Properties tract as follows:
N 42° 17' 04" E - 175.00 feet, N 47° 42' 56" W - 638.83
feet and S 72° 19' 02" W - 202.14 feet to the northeast line of said
Harley Subdivision and a southwest line of that M.D. Wheeler, Ltd.
71.52 acre Tract Two (vol. 3007, pg. 341);
Thence along the southwest lines of said Wheeler Tract Two
and continuing along the southeast lines of the Wheeler 10.01 acre
Tract One as follows:
N 47° 42' 33" W - 177.08 feet, N 46° 46' 09" W - 304.24
feet, S 21° 27' 46" W - 145.09 feet and S 41° 43' 32" W - 194.25 feet,
returning to the northeast right-of-way line of State Highway no.
6;
Thence along the said highway northeast right-of-way lines as
follows:
N 42° 27' 25" W - 105.18 feet, N 36° 45' 17" W - 383.87
feet, N 27° 43' 31" W - 192.30 feet and N 34° 27' 26" W - 55.00 feet to
the southeast line of Block 4 of the said Scott & White Healthcare
Subdivision;
Thence along the east boundary lines of said Scott & White
subdivision as follows:
N 41° 15' 39" E - 1224.44 feet, N 47° 37' 11" W - 128.13
feet, N 50° 49' 32" E - 930.60 feet and N 2° 42' 34" W - 1023.83 feet
to the Point of Beginning and containing 1308.51 acres of land more
or less.
SAVE and EXCEPT the following tract:
Beginning at the intersection of the south right-of-way line
of Rock Prairie Road East (57.5 feet south of the surveyed
centerline) and the west line of Lot 1 of Rock Prairie Baptist
Church (vol. 7312, pg. 207), from where City of College Station GPS
control monument no. 9 bears S 78° 01' 24" E - 3240.0 feet.
Thence S 82° 02' 02" E - 414.05 feet along said south
right-of-way line, parallel and 7.50 feet south of the north line of
said Lot 1, to its intersection with the east line of said Lot 1;
Thence S 20° 22' 54" E - 600.82 feet along the east line of Lot
1 to its southeast corner;
Thence N 82° 02' 02" W - 699.33 feet along the south line of
Lot 1 to its southwest corner;
Thence N 7° 57' 58" E - 528.77 feet along the west line of Lot 1
to the Point of Beginning and containing 6.76 acres of land more or
less.
Leaving a net acreage for this described tract of 1301.76
acres more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.