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Texas House Bill HB5355

Texas 2023 - 88th Regular

Texas House Bill HB5355 Compare Versions

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11 H.B. No. 5355
22
33
44 relating to the creation of the Prairie View Municipal Management
55 District No. 1; providing authority to issue bonds; providing
66 authority to impose assessments, fees, and taxes.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Subtitle C, Title 4, Special District Local Laws
99 Code, is amended by adding Chapter 3939 to read as follows:
1010 CHAPTER 3939. PRAIRIE VIEW MUNICIPAL MANAGEMENT DISTRICT NO. 1
1111 SUBCHAPTER A. GENERAL PROVISIONS
1212 Sec. 3939.0101. DEFINITIONS. In this chapter:
1313 (1) "Board" means the district's board of directors.
1414 (2) "City" means the City of Amarillo.
1515 (3) "Director" means a board member.
1616 (4) "District" means the Prairie View Municipal
1717 Management District No. 1.
1818 (5) "Rail facilities" includes all real and personal
1919 property owned or held by the district for railroad purposes,
2020 including land, interests in land, structures, easements, rail
2121 lines, stations, platforms, rolling stock, garages, equipment, and
2222 other facilities necessary or convenient for the operation of those
2323 facilities.
2424 Sec. 3939.0102. NATURE OF DISTRICT. The Prairie View
2525 Municipal Management District No. 1 is a special district created
2626 under Section 59, Article XVI, Texas Constitution.
2727 Sec. 3939.0103. PURPOSE; DECLARATION OF INTENT. (a) The
2828 creation of the district is essential to accomplish the purposes of
2929 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
3030 Texas Constitution, and other public purposes stated in this
3131 chapter.
3232 (b) By creating the district and in authorizing the city and
3333 other political subdivisions to contract with the district, the
3434 legislature has established a program to accomplish the public
3535 purposes set out in Section 52-a, Article III, Texas Constitution.
3636 (c) The creation of the district is necessary to promote,
3737 develop, encourage, and maintain employment, commerce,
3838 transportation, housing, tourism, recreation, the arts,
3939 entertainment, economic development, safety, and the public
4040 welfare in the district.
4141 (d) This chapter and the creation of the district may not be
4242 interpreted to relieve the city from providing the level of
4343 services provided as of the effective date of the Act enacting this
4444 chapter to the area in the district. The district is created to
4545 supplement and not to supplant city services provided in the
4646 district.
4747 Sec. 3939.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4848 (a) All land and other property included in the district will
4949 benefit from the improvements and services to be provided by the
5050 district under powers conferred by Sections 52 and 52-a, Article
5151 III, and Section 59, Article XVI, Texas Constitution, and other
5252 powers granted under this chapter.
5353 (b) The district is created to serve a public use and
5454 benefit.
5555 (c) The creation of the district is in the public interest
5656 and is essential to further the public purposes of:
5757 (1) developing and diversifying the economy of the
5858 state;
5959 (2) eliminating unemployment and underemployment; and
6060 (3) developing or expanding transportation and
6161 commerce.
6262 (d) The district will:
6363 (1) promote the health, safety, and general welfare of
6464 residents, employers, potential employees, employees, visitors,
6565 and consumers in the district, and of the public;
6666 (2) provide needed funding for the district to
6767 preserve, maintain, and enhance the economic health and vitality of
6868 the district territory as a community and business center;
6969 (3) promote the health, safety, welfare, and enjoyment
7070 of the public by providing pedestrian ways and by landscaping and
7171 developing certain areas in the district, which are necessary for
7272 the restoration, preservation, and enhancement of scenic beauty;
7373 and
7474 (4) provide for water, wastewater, drainage, road,
7575 rail, and recreational facilities for the district.
7676 (e) Pedestrian ways along or across a street, whether at
7777 grade or above or below the surface, and street lighting, street
7878 landscaping, parking, and street art objects are parts of and
7979 necessary components of a street and are considered to be a street
8080 or road improvement.
8181 (f) The district will not act as the agent or
8282 instrumentality of any private interest even though the district
8383 will benefit many private interests as well as the public.
8484 Sec. 3939.0105. INITIAL DISTRICT TERRITORY. (a) The
8585 district is initially composed of the territory described by
8686 Section 2 of the Act enacting this chapter.
8787 (b) The boundaries and field notes contained in Section 2 of
8888 the Act enacting this chapter form a closure. A mistake in the
8989 field notes or in copying the field notes in the legislative process
9090 does not affect the district's:
9191 (1) organization, existence, or validity;
9292 (2) right to issue any type of bonds for the purposes
9393 for which the district is created or to pay the principal of and
9494 interest on the bonds;
9595 (3) right to impose or collect an assessment or tax; or
9696 (4) legality or operation.
9797 Sec. 3939.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
9898 All or any part of the area of the district is eligible to be
9999 included in:
100100 (1) a tax increment reinvestment zone created under
101101 Chapter 311, Tax Code; or
102102 (2) a tax abatement reinvestment zone created under
103103 Chapter 312, Tax Code.
104104 Sec. 3939.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
105105 DISTRICTS LAW. Except as otherwise provided by this chapter,
106106 Chapter 375, Local Government Code, applies to the district.
107107 Sec. 3939.0108. CONSTRUCTION OF CHAPTER. This chapter
108108 shall be liberally construed in conformity with the findings and
109109 purposes stated in this chapter.
110110 SUBCHAPTER B. BOARD OF DIRECTORS
111111 Sec. 3939.0201. GOVERNING BODY; TERMS. (a) The district is
112112 governed by a board of five elected directors who serve staggered
113113 terms of four years.
114114 (b) Directors are elected in the manner provided by
115115 Subchapter D, Chapter 49, Water Code.
116116 Sec. 3939.0202. COMPENSATION; EXPENSES. (a) The district
117117 may compensate each director in an amount not to exceed $150 for
118118 each board meeting. The total amount of compensation for each
119119 director in one year may not exceed $7,200.
120120 (b) A director is entitled to reimbursement for necessary
121121 and reasonable expenses incurred in carrying out the duties and
122122 responsibilities of the board.
123123 Sec. 3939.0203. INITIAL DIRECTORS. (a) The initial board
124124 consists of the following directors:
125125 Pos. No. Name of Director Pos. No. Name of Director
126126 Pos. No. Name of Director
127127 1 Craig Cooper 1 Craig Cooper
128128 1 Craig Cooper
129129 2 David Grotegut 2 David Grotegut
130130 2 David Grotegut
131131 3 Debra McCart Montgomery 3 Debra McCart Montgomery
132132 3 Debra McCart Montgomery
133133 4 Ben Weinheimer 4 Ben Weinheimer
134134 4 Ben Weinheimer
135135 5 Heath Wilson 5 Heath Wilson
136136 5 Heath Wilson
137137 (b) Of the initial directors, the terms of directors
138138 appointed for positions one through three expire June 1, 2025, and
139139 the terms of directors appointed for positions four and five expire
140140 June 1, 2027.
141141 SUBCHAPTER C. POWERS AND DUTIES
142142 Sec. 3939.0301. GENERAL POWERS AND DUTIES. The district
143143 has the powers and duties necessary to accomplish the purposes for
144144 which the district is created.
145145 Sec. 3939.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
146146 district, using any money available to the district for the
147147 purpose, may provide, design, construct, acquire, improve,
148148 relocate, operate, maintain, or finance an improvement project or
149149 service authorized under this chapter or Chapter 375, Local
150150 Government Code.
151151 (b) The district may contract with a governmental or private
152152 entity to carry out an action under Subsection (a).
153153 (c) The implementation of a district project or service is a
154154 governmental function or service for the purposes of Chapter 791,
155155 Government Code.
156156 Sec. 3939.0303. NONPROFIT CORPORATION. (a) The board by
157157 resolution may authorize the creation of a nonprofit corporation to
158158 assist and act for the district in implementing a project or
159159 providing a service authorized by this chapter.
160160 (b) The nonprofit corporation:
161161 (1) has each power of and is considered to be a local
162162 government corporation created under Subchapter D, Chapter 431,
163163 Transportation Code; and
164164 (2) may implement any project and provide any service
165165 authorized by this chapter.
166166 (c) The board shall appoint the board of directors of the
167167 nonprofit corporation. The board of directors of the nonprofit
168168 corporation shall serve in the same manner as the board of directors
169169 of a local government corporation created under Subchapter D,
170170 Chapter 431, Transportation Code, except that a board member is not
171171 required to reside in the district.
172172 Sec. 3939.0304. LAW ENFORCEMENT SERVICES. To protect the
173173 public interest, the district may contract with a qualified party,
174174 including the city, to provide law enforcement services in the
175175 district for a fee.
176176 Sec. 3939.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
177177 The district may join and pay dues to a charitable or nonprofit
178178 organization that performs a service or provides an activity
179179 consistent with the furtherance of a district purpose.
180180 Sec. 3939.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
181181 district may engage in activities that accomplish the economic
182182 development purposes of the district.
183183 (b) The district may establish and provide for the
184184 administration of one or more programs to promote state or local
185185 economic development and to stimulate business and commercial
186186 activity in the district, including programs to:
187187 (1) make loans and grants of public money; and
188188 (2) provide district personnel and services.
189189 (c) The district may create economic development programs
190190 and exercise the economic development powers provided to
191191 municipalities by:
192192 (1) Chapter 380, Local Government Code; and
193193 (2) Subchapter A, Chapter 1509, Government Code.
194194 Sec. 3939.0307. PARKING FACILITIES. (a) The district may
195195 acquire, lease as lessor or lessee, construct, develop, own,
196196 operate, and maintain parking facilities or a system of parking
197197 facilities, including lots, garages, parking terminals, or other
198198 structures or accommodations for parking motor vehicles off the
199199 streets and related appurtenances.
200200 (b) The district's parking facilities serve the public
201201 purposes of the district and are owned, used, and held for a public
202202 purpose even if leased or operated by a private entity for a term of
203203 years.
204204 (c) The district's parking facilities are parts of and
205205 necessary components of a street and are considered to be a street
206206 or road improvement.
207207 (d) The development and operation of the district's parking
208208 facilities may be considered an economic development program.
209209 Sec. 3939.0308. ADDING OR EXCLUDING LAND. The district may
210210 add or exclude land in the manner provided by Subchapter J, Chapter
211211 49, Water Code, or by Subchapter H, Chapter 54, Water Code.
212212 Sec. 3939.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
213213 board by resolution shall establish the number of directors'
214214 signatures and the procedure required for a disbursement or
215215 transfer of district money.
216216 Sec. 3939.0310. RAIL FACILITIES. The district may
217217 construct, acquire, improve, maintain, finance, and operate rail
218218 facilities and improvements for freight, commuter, or other rail
219219 purposes.
220220 Sec. 3939.0311. NO EMINENT DOMAIN POWER. The district may
221221 not exercise the power of eminent domain.
222222 SUBCHAPTER D. ASSESSMENTS
223223 Sec. 3939.0401. PETITION REQUIRED FOR FINANCING SERVICES
224224 AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
225225 service or improvement project with assessments under this chapter
226226 unless a written petition requesting that service or improvement
227227 has been filed with the board.
228228 (b) A petition filed under Subsection (a) must be signed by
229229 the owners of a majority of the assessed value of real property in
230230 the district subject to assessment according to the most recent
231231 certified tax appraisal roll for the county.
232232 Sec. 3939.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
233233 The board by resolution may impose and collect an assessment for any
234234 purpose authorized by this chapter in all or any part of the
235235 district.
236236 (b) An assessment, a reassessment, or an assessment
237237 resulting from an addition to or correction of the assessment roll
238238 by the district, penalties and interest on an assessment or
239239 reassessment, an expense of collection, and reasonable attorney's
240240 fees incurred by the district:
241241 (1) are a first and prior lien against the property
242242 assessed;
243243 (2) are superior to any other lien or claim other than
244244 a lien or claim for county, school district, or municipal ad valorem
245245 taxes; and
246246 (3) are the personal liability of and a charge against
247247 the owners of the property even if the owners are not named in the
248248 assessment proceedings.
249249 (c) The lien is effective from the date of the board's
250250 resolution imposing the assessment until the date the assessment is
251251 paid. The board may enforce the lien in the same manner that the
252252 board may enforce an ad valorem tax lien against real property.
253253 (d) The board may make a correction to or deletion from the
254254 assessment roll that does not increase the amount of assessment of
255255 any parcel of land without providing notice and holding a hearing in
256256 the manner required for additional assessments.
257257 SUBCHAPTER E. TAXES AND BONDS
258258 Sec. 3939.0501. TAX ELECTION REQUIRED. (a) The district
259259 must hold an election in the manner provided by Chapter 49, Water
260260 Code, or, if applicable, Chapter 375, Local Government Code, to
261261 obtain voter approval before the district may impose an ad valorem
262262 tax.
263263 (b) Section 375.243, Local Government Code, does not apply
264264 to the district.
265265 Sec. 3939.0502. OPERATION AND MAINTENANCE TAX. (a) If
266266 authorized by a majority of the district voters voting at an
267267 election under Section 3939.0501, the district may impose an
268268 operation and maintenance tax on taxable property in the district
269269 in the manner provided by Section 49.107, Water Code, for any
270270 district purpose, including to:
271271 (1) maintain and operate the district;
272272 (2) construct or acquire improvements; or
273273 (3) provide a service.
274274 (b) The board shall determine the operation and maintenance
275275 tax rate. The rate may not exceed the rate approved at the
276276 election.
277277 Sec. 3939.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
278278 BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
279279 terms determined by the board.
280280 (b) The district may issue bonds, notes, or other
281281 obligations payable wholly or partly from ad valorem taxes,
282282 assessments, impact fees, revenue, contract payments, grants, or
283283 other district money, or any combination of those sources of money,
284284 to pay for any authorized district purpose.
285285 Sec. 3939.0504. BONDS SECURED BY REVENUE OR CONTRACT
286286 PAYMENTS. The district may issue, without an election, bonds
287287 secured by:
288288 (1) revenue other than ad valorem taxes, including
289289 contract revenues; or
290290 (2) contract payments, provided that the requirements
291291 of Section 49.108, Water Code, have been met.
292292 Sec. 3939.0505. BONDS SECURED BY AD VALOREM TAXES;
293293 ELECTIONS. (a) If authorized at an election under Section
294294 3939.0501, the district may issue bonds payable from ad valorem
295295 taxes.
296296 (b) At the time the district issues bonds payable wholly or
297297 partly from ad valorem taxes, the board shall provide for the annual
298298 imposition of a continuing direct annual ad valorem tax, without
299299 limit as to rate or amount, for each year that all or part of the
300300 bonds are outstanding as required and in the manner provided by
301301 Sections 54.601 and 54.602, Water Code.
302302 (c) All or any part of any facilities or improvements that
303303 may be acquired by a district by the issuance of its bonds may be
304304 submitted as a single proposition or as several propositions to be
305305 voted on at the election.
306306 Sec. 3939.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
307307 board may not issue bonds until each municipality in whose
308308 corporate limits or extraterritorial jurisdiction the district is
309309 located has consented by ordinance or resolution to the creation of
310310 the district and to the inclusion of land in the district.
311311 (b) This section applies only to the district's first
312312 issuance of bonds payable from ad valorem taxes.
313313 SUBCHAPTER I. DISSOLUTION
314314 Sec. 3939.0901. DISSOLUTION. (a) The board shall dissolve
315315 the district on written petition filed with the board by the owners
316316 of:
317317 (1) 66 percent or more of the assessed value subject to
318318 assessment by the district of the property in the district based on
319319 the most recent certified county property tax rolls; or
320320 (2) 66 percent or more of the surface area of the
321321 district, excluding roads, streets, highways, utility
322322 rights-of-way, other public areas, and other property exempt from
323323 assessment by the district according to the most recent certified
324324 county property tax rolls.
325325 (b) The district may not be dissolved if the district:
326326 (1) has any outstanding bonded or other indebtedness
327327 until that bonded or other indebtedness has been repaid or defeased
328328 in accordance with the order or resolution authorizing the issuance
329329 of the bonded or other indebtedness;
330330 (2) has a contractual obligation to pay money until
331331 that obligation has been fully paid in accordance with the
332332 contract; or
333333 (3) owns, operates, or maintains public works,
334334 facilities, or improvements unless the district has contracted with
335335 another party for the ownership and operation or maintenance of the
336336 public works, facilities, or improvements.
337337 (c) Section 375.262, Local Government Code, does not apply
338338 to the district.
339339 SECTION 2. The Prairie View Municipal Management District
340340 No. 1 initially includes all territory contained in the following
341341 area:
342342 (a) A 621.87 acre tract of land out of Sections 30 and 31,
343343 Block 2, A. B. & M. Survey, Potter County, Texas, and more
344344 particularly described as follows:
345345 BEGINNING at a Gresham Aluminum Cap found on the east
346346 right-of-way line of Spur 228 same being the southwest corner of
347347 said Section 30 for a corner of this tract.
348348 THENCE N. 00° 11' 35" E., along said east right-of-way line, a
349349 distance of 4161.54 feet to a/2" iron rod with a yellow cap
350350 inscribed "RPLS 4263" (such type cap and rod hereafter referred to
351351 as an OJD Cap) set on said east right-of-way line for the most
352352 westerly northwest corner of this tract.
353353 THENCE N. 87° 28' 24" E., continuing along said right-of-way
354354 line, a distance of 1.08 feet to a Gresham Aluminum Cap found for an
355355 angle corner of this tract.
356356 THENCE N. 40° 07' 53" E., along said right-of-way line, a
357357 distance of 116.08 feet to TxDot Brass Cap Monument found on the
358358 south right-of-way line of Interstate Highway No. 40 for the most
359359 northerly northwest corner of this tract.
360360 THENCE N. 80° 18' 54" E., along said south right-of-way line,
361361 a distance of 286.20 feet to a Gresham Aluminum Cap found on said
362362 south right-of-way line for an angle corner of this tract.
363363 THENCE N. 80° 18' 37" E., continuing along said south
364364 right-of-way line, a distance of 300.34 feet to a Gresham Aluminum
365365 Cap found on said south right-of-way line for an angle corner of
366366 this tract.
367367 THENCE N. 69° 11' 51" E., continuing along said south
368368 right-of-way line, a distance of 102.08 feet to a Gresham Aluminum
369369 Cap found on said south right-of-way line for an angle corner of
370370 this tract.
371371 THENCE N. 80° 26' 43" E., continuing along said south
372372 right-of-way line, a distance of 3052.07 feet to a Gresham Aluminum
373373 Cap found on said south right-of-way line same being the beginning
374374 of a curve to the right for a corner of this tract.
375375 THENCE in a northeasterly direction along said curve to the
376376 right and said south right-of-way line with a radius equal to
377377 5579.58 feet, a long chord bearing of N. 82° 11' 05" E. and a long
378378 chord distance of 338.73 feet, a curve distance of 338.78 feet to a
379379 Gresham Aluminum Cap found at the end of said curve to the right
380380 same being on said south right-of-way line for a corner of this
381381 tract.
382382 THENCE S. 83° 50' 20" E., continuing along said south
383383 right-of-way line, a distance of 99.24 feet to a Gresham Aluminum
384384 Cap found at the beginning of a curve to the right for an angle
385385 corner of this tract.
386386 THENCE in a northeasterly direction along said curve to the
387387 right and said south right-of-way line with a radius equal to
388388 5559.58 feet, a long chord bearing of N. 87° 00' 13" E. and a long
389389 chord distance of 409.59 feet, a curve distance of 409.68 feet to a
390390 Gresham Aluminum Cap found on said curve to the right same being on
391391 said south right-of-way line for the most northerly northeast
392392 corner of this tract.
393393 THENCE S. 00° 17' 53" E. a distance of 1324.32 feet to a
394394 Gresham Aluminum Cap found for an ell corner of this tract.
395395 THENCE S. 89° 43' 42" E. a distance of 660.15 feet to a Gresham
396396 Aluminum Cap found on the west right-of-way line of F.M. Highway
397397 No. 1912 for the most easterly northeast corner of this tract.
398398 THENCE S. 00° 17' 55" W., along said west right-of-way line, a
399399 distance of 2296.12 feet to a Gresham Aluminum Cap found on said
400400 west right-of-way line for an angle corner of this tract.
401401 THENCE S. 00° 30' 16" E., continuing along said west
402402 right-of-way line, a distance of 249.29 feet to a Gresham Aluminum
403403 Cap found on said west right-of-way line for an ell corner of this
404404 tract.
405405 THENCE S. 89° 52' 38" W. a distance of 788.09 feet to a Gresham
406406 Aluminum Cap found for an ell corner of this tract.
407407 THENCE S. 00° 06' 07" W. a distance of 2131.04 feet to a
408408 Gresham Aluminum Cap found for an ell corner of this tract.
409409 THENCE S. 80° 34' 32" E. a distance of 789.43 feet to a Gresham
410410 Aluminum Cap found on said west right-of-way line for an ell corner
411411 of this tract.
412412 THENCE S. 01° 23' 32" W., along said west right-of-way line, a
413413 distance of 222.12 feet to a Gresham Aluminum Cap found at the
414414 intersection of said west right-of-way line and the northerly
415415 right-of-way line of B. S. N. F. Railroad the southeast corner of
416416 this tract.
417417 THENCE N. 80° 33' 44" W., along said northerly right-of-way
418418 line, a distance of 5315.27 feet to a Gresham Aluminum Cap found on
419419 said east right-of-way line of said Spur 228 for the southwest
420420 corner of this tract.
421421 THENCE N. 00° 11' 35" E., along said east right-of-way line, a
422422 distance of 536.60 feet to the place of BEGINNING and containing
423423 621.87 acres of land.
424424 (b) An 11.30 acre± tract of land in Section 37, Block 2, A.B. &
425425 M. Survey, Potter County, Texas and being all of a 6.3 acre and a
426426 5.00 acre tract of land as described in that certain instrument of
427427 conveyance recorded under Clerk's File No. 2020OPR0012200 of the
428428 Official Public Records of Potter County, Texas. Said 11.30 acre±
429429 tract of land having been surveyed on the ground by Furman Land
430430 Surveyors, Inc. on March 28, 2022 and being more particularly
431431 described by metes and bounds as follows:
432432 COMMENCING at a 2 inch iron pipe found as called for at the
433433 Northeast corner of said Section 37, Block 2, A.B. & M. Survey,
434434 Potter County, Texas;
435435 THENCE South 00° 04' 30" West (base line) along the East line
436436 of said Section 37, a distance of 2782.61 feet to a point, from
437437 whence a 2 inch iron pipe found as called for at the Southeast
438438 corner of said Section 37 bears South 00° 04' 30" West, 2495.32 feet;
439439 THENCE North 89° 55' 30" West, 119.69 feet to a 1/2 inch iron
440440 rod found as called for in the West monumented right-of-way line of
441441 Spur 228 (Volume 826, Page 117), same point being the most Easterly
442442 Northeast corner of a 365.69 acre tract of land as described in that
443443 certain instrument of conveyance recorded in Volume 3753, Page 786
444444 of the Official Public Records of Potter County, Texas and also
445445 being the Southeast corner of the herein described tract of land,
446446 from whence a 5/8 inch iron rod with cap stamped "RPLS 5437" found
447447 as called for at the Southeast corner of said 365.69 acre tract of
448448 land bears South 00° 04' 35" West, 3018.41 feet;
449449 THENCE South 85° 34' 44" West, 652.59 feet to a 1/2 inch iron
450450 rod found as called for, same point being an interior jog corner of
451451 said 365.69 acre tract of land and alsot being the Southwest corner
452452 of this tract of land;
453453 THENCE North 00° 03' 09" East, 726.94 feet to a 1/2 inch iron
454454 rod found as called for at the Southwest corner of a 4.92 acre tract
455455 of land as described in that certain instrument of conveyance
456456 recorded under Clerk's File No. 1302993 of the Official Public
457457 Records of Potter County, Texas, same point being the Northwest
458458 corner of this tract of land;
459459 THENCE North 80° 28' 11" East, 660.12 feet to a 1/2 inch iron
460460 rod found in the West monumented right-of-way line of said Spur 228
461461 at the Southeast corner of said 4.92 acre tract of land, same point
462462 being the Northeast corner of this tract of land;
463463 THENCE South 00° 04' 30" West, 785.93 feet to the PLACE OF
464464 BEGINNING and containing a computed area of 11.30 acres of land,
465465 more or less.
466466 (c) A 365.72 acre tract of land out of Sections 36 and 37,
467467 Block 2, A. B. & M. Survey, Potter County,
468468 BEGINNING at an RPLS 5437 Cap found at the intersection of the
469469 west right-of-way line of Spur 228 and the northerly right-of-way
470470 line of B. N. S. F. Railroad which bears S. 00° 11' 36" W. a distance
471471 of 517.52 feet and / N. 89° 48' 07" W. a distance of 119.94 feet from
472472 a Gresham Aluminum Cap found at the southeast corner of said Section
473473 37 for the southeast corner of this tract.
474474 THENCE N. 80° 33 36" W., along said northerly right-of-way at
475475 3247.33 feet pass an RPLS 5437 Cap found, a total distance of
476476 5272.06 feet to an RPLS 5437 Cap found at the intersection said
477477 northerly right-of-way line and said east right-of-way line of
478478 Parsley Road for the southwest corner of this tract.
479479 THENCE N. 89° 54' 23" E. a distance of 329.88 feet to a Miller
480480 Cap found for an ell corner of this tract.
481481 THENCE N. 00° 14' 24" E., along said east right-of-way line, a
482482 distance of 734.90 feet to an RPLS 5437 Cap found at the
483483 intersection of said east right-of-way line and the southerly
484484 right-of-way line of Interstate Highway No. 40 for the northwest
485485 corner of this tract.
486486 THENCE N. 44° 26' 23" E., along said southerly right-of-way
487487 line, a distance of 2938.45 feet to a TxDot Brass Cap Monument found
488488 on said southerly right-of-way line same being at the beginning of a
489489 curve to the right for a corner of this tract.
490490 THENCE in a northeasterly direction along said curve to the
491491 right and said northerly right-of-way line with a radius equal to
492492 2714.79 feet, a long chord bearing of N. 62° 26 41" E. and a long
493493 chord distance of 1677.93 feet, a curve distance of 1705.86 feet to
494494 a TxDot Brass Cap Monument found at the end of said curve to the
495495 right same being on said northerly right-of-way line for a corner of
496496 this tract.
497497 THENCE N. 80° 27' 32" E., continuing along said northerly
498498 right-of-way line, a distance of 674.08 feet to a TxDot Brass Cap
499499 Monument found for an angle corner of this tract.
500500 THENCE S. 88° 11' 57" E., along said northerly right-of-way
501501 line, a distance of 101.95 feet to a TxDot Brass Cap Monument found
502502 for an angle corner of this tract.
503503 THENCE N. 80° 24' 46" E., along said northerly right-of-way
504504 line, a distance of 174.69 feet to a Keys Cap found for the most
505505 northerly northeast corner of this tract.
506506 THENCE S. 00° 14' 15" W. a distance of 599.85 feet to a Keys
507507 Cap found for an ell corner of this tract.
508508 THENCE N. 79° 14' 13" E. a distance of 80.47 feet to a Furman
509509 Cap found for an ell corner of this tract.
510510 THENCE S. 00° 10' 13" W. a distance of 1056.85 feet to an RPLS
511511 5437 Cap found for an ell corner of this tract.
512512 THENCE N. 85° 41' 53" E. a distance of 652.72 feet to a 1/2"
513513 iron rod found on the west right-of-way line of Spur 228 for the
514514 most easterly northeast corner of this tract.
515515 THENCE S. 00° 12 04" W., along said west right-of-way line, a
516516 distance of 3018.76 feet to the place of BEGINNING and containing
517517 365.72 acres of land.
518518 (d) A 22.51+/- acre tract of land being a portion of the
519519 39.51+/- acre remainder of those certain tracts of land out of
520520 Sections 30 and 31, Block 2, A.B. & M. Survey, Potter County, Texas,
521521 being described in Volume 968, Page 575 of the Deed Records of
522522 Potter County, Texas, said 22.51+/- acre tract of land having been
523523 surveyed on the ground on May 6, 2022 by Furman Land Surveyors, Inc.
524524 and being described by metes and bounds as follows:
525525 BEGINNING at a 1/2 inch iron rod with aluminum cap stamped "Gresham &
526526 Associates, Inc. PLS 1939" found, as called for, in the West
527527 Right-of-Way line of F.M. Highway 1912 for a corner of that certain
528528 418.350 acre tract of land being described in that certain
529529 instrument recorded in Volume 3564, Page 462 of the Official Public
530530 Records of Potter County, Texas, same being the Southeast corner of
531531 this tract of land;
532532 THENCE N. 80° 39' 02" W. 789.36 feet along the South line of said
533533 39.51+/- acre remainder tract to a 1/2 inch iron rod with aluminum
534534 cap stamped "Gresham & Associates, Inc. PLS 1939" found as called
535535 for the Southwest corner of said 39.51+/- acre remainder tract,
536536 same being the Southwest corner of this tract of land;
537537 THENCE N. 00° 01' 05" E. 1055.30 feet along the West line of said
538538 39.51+/- acre remainder tract to a 1/2 inch iron rod with cap
539539 stamped "FURMAN PRLS" set for the Southwest corner of that certain
540540 17.00+/- acre tract of land surveyed simultaneously, same being the
541541 Northwest corner of this tract of land, from whence a 1/2 inch iron
542542 rod with aluminum cap stamped "Gresham & Associates, Inc. PLS 1939"
543543 found as called for the Northwest corner of said 39.51+/- acre
544544 remainder tract bears N. 00° 01' 05" E. 1075.86 feet;
545545 THENCE S. 89° 43' 55" E. 527.49 feet to a 1/2 inch iron rod with cap
546546 stamped "FURMAN RPLS" set for an interior corner of this tract of
547547 land;
548548 THENCE N. 00° 54' 59" W. 418.00 feet to a 1/2 inch iron rod with cap
549549 stamped "FURMAN RPLS" set for a jog corner of this tract of land;
550550 THENCE S. 86° 48' 36" E. 265.00 feet to a 1/2 inch iron rod with cap
551551 stamped "FURMAN RPLS" set in the West Right-of-Way line of said F.M.
552552 Highway 1912 for the Southeast corner of said 17.00+/- acre tract of
553553 land surveyed simultaneously, same being the Northeast corner of
554554 this tract of land, from whence a 1/2 inch iron rod with aluminum
555555 cap stamped "Gresham & Associates, Inc. PLS 1939" found as called a
556556 corner of said 39.51+/- acre remainder tract bears N. 00° 14' 51" E.
557557 (Base line) 677.00 feet;
558558 THENCE S. 00° 14' 51" W. 1584.28 feet along the West Right-of-Way
559559 line of said F.M. Highway 1912 to the PLACE OF BEGINNING and
560560 containing 22.51 acres of land, more or less.
561561 SECTION 3. (a) The legal notice of the intention to
562562 introduce this Act, setting forth the general substance of this
563563 Act, has been published as provided by law, and the notice and a
564564 copy of this Act have been furnished to all persons, agencies,
565565 officials, or entities to which they are required to be furnished
566566 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
567567 Government Code.
568568 (b) The governor, one of the required recipients, has
569569 submitted the notice and Act to the Texas Commission on
570570 Environmental Quality.
571571 (c) The Texas Commission on Environmental Quality has filed
572572 its recommendations relating to this Act with the governor,
573573 lieutenant governor, and speaker of the house of representatives
574574 within the required time.
575575 (d) All requirements of the constitution and laws of this
576576 state and the rules and procedures of the legislature with respect
577577 to the notice, introduction, and passage of this Act have been
578578 fulfilled and accomplished.
579579 SECTION 4. This Act takes effect immediately if it receives
580580 a vote of two-thirds of all the members elected to each house, as
581581 provided by Section 39, Article III, Texas Constitution. If this
582582 Act does not receive the vote necessary for immediate effect, this
583583 Act takes effect September 1, 2023.
584584 ______________________________ ______________________________
585585 President of the Senate Speaker of the House
586586 I certify that H.B. No. 5355 was passed by the House on May 2,
587587 2023, by the following vote: Yeas 110, Nays 35, 2 present, not
588588 voting.
589589 ______________________________
590590 Chief Clerk of the House
591591 I certify that H.B. No. 5355 was passed by the Senate on May
592592 16, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not
593593 voting.
594594 ______________________________
595595 Secretary of the Senate
596596 APPROVED: _____________________
597597 Date
598598 _____________________
599599 Governor
600600
601601 Pos. No. Name of Director
602602
603603 1 Craig Cooper
604604
605605 2 David Grotegut
606606
607607 3 Debra McCart Montgomery
608608
609609 4 Ben Weinheimer
610610
611611 5 Heath Wilson