Texas 2023 - 88th Regular

Texas Senate Bill SB2154 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Sparks S.B. No. 2154
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of the West Plains Municipal Management
7	7	District No. 1; providing authority to issue bonds; providing
8	8	authority to impose assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 4, Special District Local Laws
11	11	Code, is amended by adding Chapter ____ to read as follows:
12	12	CHAPTER . WEST PLAINS MUNICIPAL MANAGEMENT DISTRICT NO. 1
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. .0001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "City" means the City of Amarillo.
17	17	(3) "Director" means a board member.
18	18	(4) "District" means the West Plains Municipal
19	19	Management District No. 1.
20	20	(5) "Rail facilities" includes all real and personal
21	21	property owned or held by the district for railroad purposes,
22	22	including land, interests in land, structures, easements, rail
23	23	lines, stations, platforms, rolling stock, garages, equipment, and
24	24	other facilities necessary or convenient for the operation of those
25	25	facilities.
26	26	Sec. .0002. NATURE OF DISTRICT. The West Plains Municipal
27	27	Management District No. 1 is a special district created under
28	28	Section 59, Article XVI, Texas Constitution.
29	29	Sec. .0003. PURPOSE; DECLARATION OF INTENT. (a) The
30	30	creation of the district is essential to accomplish the purposes of
31	31	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
32	32	Texas Constitution, and other public purposes stated in this
33	33	chapter.
34	34	(b) By creating the district and in the city and other
35	35	political subdivisions to contract with the district, the
36	36	legislature has established a program to accomplish the public
37	37	purposes set out in Section 52-a, Article III, Texas Constitution.
38	38	(c) The creation of the district is necessary to promote,
39	39	develop, encourage, and maintain employment, commerce,
40	40	transportation, housing, tourism, recreation, the arts,
41	41	entertainment, economic development, safety, and the public
42	42	welfare in the district.
43	43	(d) This chapter and the creation of the district may not be
44	44	interpreted to relieve the city from providing the level of
45	45	services provided as of the effective date of the Act enacting this
46	46	chapter to the area in the district. The district is created to
47	47	supplement and not to supplant city services provided in the
48	48	district.
49	49	Sec. .0004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
50	50	All land and other property included in the district will benefit
51	51	from the improvements and services to be provided by the district
52	52	under powers conferred by Sections 52 and 52-a, Article III, and
53	53	Section 59, Article XVI, Texas Constitution, and other powers
54	54	granted under this chapter.
55	55	(b) The district is created to serve a public use and
56	56	benefit.
57	57	(c) The creation of the district is in the public interest
58	58	and is essential to further the public purposes of:
59	59	(1) developing and diversifying the economy of the
60	60	state;
61	61	(2) eliminating unemployment and underemployment; and
62	62	(3) developing or expanding transportation and
63	63	commerce.
64	64	(d) The district will:
65	65	(1) promote the health, safety, and general welfare of
66	66	residents, employers, potential employees, employees, visitors,
67	67	and consumers in the district, and of the public;
68	68	(2) provide needed funding for the district to
69	69	preserve, maintain, and enhance the economic health and vitality of
70	70	the district territory as a community and business center;
71	71	(3) promote the health, safety, welfare, and enjoyment
72	72	of the public by providing pedestrian ways and by landscaping and
73	73	developing certain areas in the district, which are necessary for
74	74	the restoration, preservation, and enhancement of scenic beauty;
75	75	and
76	76	(4) provide for water, wastewater, drainage, road,
77	77	rail and recreational facilities for the district.
78	78	(e) Pedestrian ways along or across a street, whether at
79	79	grade or above or below the surface, and street lighting, street
80	80	landscaping, parking, and street art objects are parts of and
81	81	necessary components of a street and are considered to be a street
82	82	or road improvement.
83	83	(f) The district will not act as the agent or
84	84	instrumentality of any private interest even though the district
85	85	will benefit many private interests as well as the public.
86	86	Sec. .0005. INITIAL DISTRICT TERRITORY. (a) The
87	87	district is initially composed of the territory described by
88	88	Section 2 of the Act enacting this chapter.
89	89	(b) The boundaries and field notes contained in Section 2 of
90	90	the Act enacting this chapter form a closure. A mistake in the field
91	91	notes or in copying the field notes in the legislative process does
92	92	not affect the district's:
93	93	(1) organization, existence, or validity;
94	94	(2) right to issue any type of bonds for the purposes
95	95	for which the district is created or to pay the principal of and
96	96	interest on the bonds;
97	97	(3) right to impose or collect an assessment or tax; or
98	98	(4) legality or operation.
99	99	Sec. .0006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
100	100	All or any part of the area of the district is eligible to be
101	101	included in:
102	102	(1) a tax increment reinvestment zone created under
103	103	Chapter 311, Tax Code; or
104	104	(2) a tax abatement reinvestment zone created under
105	105	Chapter 312, Tax Code.
106	106	Sec. .0007. APPLICABILITY OF MUNICIPAL MANAGEMENT
107	107	DISTRICTS LAW. Except as otherwise provided by this chapter,
108	108	Chapter 375, Local Government Code, applies to the district.
109	109	Sec. .0008. CONSTRUCTION OF CHAPTER. This chapter shall
110	110	be liberally construed in conformity with the findings and purposes
111	111	stated in this chapter.
112	112	SUBCHAPTER B. BOARD OF DIRECTORS
113	113	Sec. .0051. GOVERNING BODY; TERMS.(a) The district is
114	114	governed by a board of five elected directors who serve staggered
115	115	terms of four years.
116	116	(b) Directors are elected in the manner provided by
117	117	Subchapter D, Chapter 49, Water Code.
118	118	Sec. .052. COMPENSATION; EXPENSES. (a) The district may
119	119	compensate each director in an amount not to exceed $150 for each
120	120	board meeting. The total amount of compensation for each director
121	121	in one year may not exceed $7,200.
122	122	(b) A director is entitled to reimbursement for necessary
123	123	and reasonable expenses incurred in carrying out the duties and
124	124	responsibilities of the board.
125	125	Sec. .0053. INITIAL DIRECTORS. (a) The initial board
126	126	consists of the following directors:
127	127	Pos. No. Name of Director
128	128	1 Casey Cameron
129	129	2 Monte Cluck
130	130	3 Cassandra Fish
131	131	4 Dean Hanish
132	132	5 Dan Mercer
133	133	(b) Of the initial directors, the terms of directors
134	134	appointed for positions one through three expire June 1, 2021, and
135	135	the terms of directors appointed for positions four and five expire
136	136	June 1, 2023.
137	137	SUBCHAPTER C. POWERS AND DUTIES
138	138	Sec. .0101. GENERAL POWERS AND DUTIES. The district has the
139	139	powers and duties necessary to accomplish the purposes for which
140	140	the district is created.
141	141	Sec. .0102. IMPROVEMENT PROJECTS AND SERVICES. (a) The
142	142	district, using any money available to the district for the
143	143	purpose, may provide, design, construct, acquire, improve,
144	144	relocate, operate, maintain, or finance an improvement project or
145	145	service authorized under this chapter or Chapter 375, Local
146	146	Government Code.
147	147	(b) The district may contract with a governmental or private
148	148	entity to carry out an action under Subsection (a).
149	149	(c) The implementation of a district project or service is a
150	150	governmental function or service for the purposes of Chapter 791,
151	151	Government Code.
152	152	Sec. .0103. NONPROFIT CORPORATION. (a) The board by
153	153	resolution may authorize the creation of a nonprofit corporation to
154	154	assist and act for the district in implementing a project or
155	155	providing a service authorized by this chapter.
156	156	(b) The nonprofit corporation:
157	157	(1) has each power of and is considered to be a local
158	158	government corporation created under Subchapter D, Chapter 431,
159	159	Transportation Code; and
160	160	(2) may implement any project and provide any service
161	161	authorized by this chapter.
162	162	(c) The board shall appoint the board of directors of the
163	163	nonprofit corporation. The board of directors of the nonprofit
164	164	corporation shall serve in the same manner as the board of directors
165	165	of a local government corporation created under Subchapter D,
166	166	Chapter 431, Transportation Code, except that a board member is not
167	167	required to reside in the district.
168	168	Sec. .0104. LAW ENFORCEMENT SERVICES. To protect the
169	169	public interest, the district may contract with a qualified party,
170	170	including the city, to provide law enforcement services in the
171	171	district for a fee.
172	172	Sec. .0105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
173	173	district may join and pay dues to a charitable or nonprofit
174	174	organization that performs a service or provides an activity
175	175	consistent with the furtherance of a district purpose.
176	176	Sec. .0106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
177	177	district may engage in activities that accomplish the economic
178	178	development purposes of the district.
179	179	(b) The district may establish and provide for the
180	180	administration of one or more programs to promote state or local
181	181	economic development and to stimulate business and commercial
182	182	activity in the district, including programs to:
183	183	(1) make loans and grants of public money; and
184	184	(2) provide district personnel and services.
185	185	(c) The district may create economic development programs
186	186	and exercise the economic development powers provided to
187	187	municipalities by:
188	188	(1) Chapter 380, Local Government Code; and
189	189	(2) Subchapter A, Chapter 1509, Government Code.
190	190	Sec. .0107. PARKING FACILITIES. (a) The district may
191	191	acquire, lease as lessor or lessee, construct, develop, own,
192	192	operate, and maintain parking facilities or a system of parking
193	193	facilities, including lots, garages, parking terminals, or other
194	194	structures or accommodations for parking motor vehicles off the
195	195	streets and related appurtenances.
196	196	(b) The district's parking facilities serve the public
197	197	purposes of the district and are owned, used, and held for a public
198	198	purpose even if leased or operated by a private entity for a term of
199	199	years.
200	200	(c) The district's parking facilities are parts of and
201	201	necessary components of a street and are considered to be a street
202	202	or road improvement.
203	203	(d) The development and operation of the district's parking
204	204	facilities may be considered an economic development program.
205	205	Sec. .0108. ADDING OR EXCLUDING LAND. The district may add
206	206	or exclude land in the manner provided by Subchapter J, Chapter 49,
207	207	Water Code, or by Subchapter H, Chapter 54, Water Code.
208	208	Sec. .0109. DISBURSEMENTS AND TRANSFERS OF MONEY. The
209	209	board by resolution shall establish the number of directors'
210	210	signatures and the procedure required for a disbursement or
211	211	transfer of district money.
212	212	Sec. .0110. RAIL FACILITIES. The district may construct,
213	213	acquire, improve, maintain, finance, and operate rail facilities
214	214	and improvements for freight or other rail purposes.
215	215	Sec. .0111. NO EMINENT DOMAIN POWER. The district may not
216	216	exercise the power of eminent domain.
217	217	SUBCHAPTER D. ASSESSMENTS
218	218	Sec. .0151. PETITION REQUIRED FOR FINANCING SERVICES AND
219	219	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
220	220	service or improvement project with assessments under this chapter
221	221	unless a written petition requesting that service or improvement
222	222	has been filed with the board.
223	223	(b) A petition filed under Subsection (a) must be signed by
224	224	the owners of a majority of the assessed value of real property in
225	225	the district subject to assessment according to the most recent
226	226	certified tax appraisal roll for the county.
227	227	Sec. .0152. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The
228	228	board by resolution may impose and collect an assessment for any
229	229	purpose authorized by this chapter in all or any part of the
230	230	district.
231	231	(b) An assessment, a reassessment, or an assessment
232	232	resulting from an addition to or correction of the assessment roll
233	233	by the district, penalties and interest on an assessment or
234	234	reassessment, an expense of collection, and reasonable attorney's
235	235	fees incurred by the district:
236	236	(1) are a first and prior lien against the property
237	237	assessed;
238	238	(2) are superior to any other lien or claim other than a
239	239	lien or claim for county, school district, or municipal ad valorem
240	240	taxes; and
241	241	(3) are the personal liability of and a charge against
242	242	the owners of the property even if the owners are not named in the
243	243	assessment proceedings.
244	244	(c) The lien is effective from the date of the board's
245	245	resolution imposing the assessment until the date the assessment is
246	246	paid. The board may enforce the lien in the same manner that the
247	247	board may enforce an ad valorem tax lien against real property.
248	248	(d) The board may make a correction to or deletion from the
249	249	assessment roll that does not increase the amount of assessment of
250	250	any parcel of land without providing notice and holding a hearing in
251	251	the manner required for additional assessments.
252	252	SUBCHAPTER E. TAXES AND BONDS
253	253	Sec. .0201. TAX ELECTION REQUIRED. The district must hold
254	254	an election in the manner provided by Chapter 49, Water Code, or, if
255	255	applicable, Chapter 375, Local Government Code, to obtain voter
256	256	approval before the district may impose an ad valorem tax.
257	257	(b) Section 375.243, Local Government Code, does not apply
258	258	to this section.
259	259	Sec. .0202. OPERATION AND MAINTENANCE TAX. (a) If
260	260	authorized by a majority of the district voters voting at an
261	261	election under Section .0201, the district may impose an operation
262	262	and maintenance tax on taxable property in the district in the
263	263	manner provided by Section 49.107, Water Code, for any district
264	264	purpose, including to:
265	265	(1) maintain and operate the district;
266	266	(2) construct or acquire improvements; or
267	267	(3) provide a service.
268	268	(b) The board shall determine the operation and maintenance
269	269	tax rate. The rate may not exceed the rate approved at the
270	270	election.
271	271	Sec. .0203. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
272	272	AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
273	273	determined by the board.
274	274	(b) The district may issue bonds, notes, or other
275	275	obligations payable wholly or partly from ad valorem taxes,
276	276	assessments, impact fees, revenue, contract payments, grants, or
277	277	other district money, or any combination of those sources of money,
278	278	to pay for any authorized district purpose.
279	279	(c) The limitation on the outstanding principal amount of
280	280	bonds, notes, or other obligations provided by Section 49.4645,
281	281	Water Code, does not apply to the district.
282	282	Sec. .0204. BONDS SECURED BY REVENUE OR CONTRACT PAYMENTS.
283	283	The district may issue, without an election, bonds secured by:
284	284	(1) revenue other than ad valorem taxes; or
285	285	(2) contract payments, provided that the requirements
286	286	of Section 49.108, Water Code, have been met;
287	287	(3) other contract revenues
288	288	Sec. .0205. BONDS SECURED BY AD VALOREM TAXES; ELECTIONS.
289	289	(a) If authorized at an election under Section .0201, the
290	290	district may issue bonds payable from ad valorem taxes.
291	291	(b) At the time the district issues bonds payable wholly or
292	292	partly from ad valorem taxes, the board shall provide for the annual
293	293	imposition of a continuing direct annual ad valorem tax, without
294	294	limit as to rate or amount, for each year that all or part of the
295	295	bonds are outstanding as required and in the manner provided by
296	296	Sections 54.601 and 54.602, Water Code.
297	297	(c) All or any part of any facilities or improvements that
298	298	may be acquired by a district by the issuance of its bonds may be
299	299	submitted as a single proposition or as several propositions to be
300	300	voted on at the election.
301	301	Sec. .0206. CONSENT OF MUNICIPALITY REQUIRED. (a) The
302	302	board may not issue bonds until each municipality in whose
303	303	corporate limits or extraterritorial jurisdiction the district is
304	304	located has consented by ordinance or resolution to the creation of
305	305	the district and to the inclusion of land in the district.
306	306	(b) This section applies only to the district's first
307	307	issuance of bonds payable from ad valorem taxes.
308	308	SUBCHAPTER Z. DISSOLUTION
309	309	Sec. .0901. DISSOLUTION. (a) Except as limited by Section
310	310	375.264, Local Government Code, the board shall dissolve the
311	311	district on written petition filed with the board by the owners of:
312	312	(1) 66 percent or more of the assessed value subject to
313	313	assessment by the district of the property in the district based on
314	314	the most recent certified county property tax rolls; or
315	315	(2) 66 percent or more of the surface area of the
316	316	district, excluding roads, streets, highways, utility
317	317	rights-of-way, other public areas, and other property exempt from
318	318	assessment by the district according to the most recent certified
319	319	county property tax rolls.
320	320	(b) The district may not be dissolved if the district:
321	321	(1) has any outstanding bonded or other indebtedness
322	322	until that bonded or other indebtedness has been repair or defeased
323	323	in accordance with the order or resolution authorizing the issuance
324	324	of the bonded or other indebtedness;
325	325	(2) has a contractual obligation to pay money until
326	326	that obligation has been fully paid in accordance with the
327	327	contract; or
328	328	(3) owns, operates, or maintains public works,
329	329	facilities, or improvements unless the district has contracted with
330	330	another party for the ownership and operation or maintenance of the
331	331	public works, facilities, or improvements.
332	332	(c) Section 375.262, Local Government Code, does not apply
333	333	to the district.
334	334	SECTION 2. The West Plains Municipal Management District
335	335	No. 1 initially includes all territory contained in the following
336	336	areas:
337	337	(a) A 621.87 acre tract of land out of Sections 30 and 31,
338	338	Block 2, A. B. & M. Survey, Potter County, Texas, and more
339	339	particularly described as follows:
340	340	BEGINNING at a Gresham Aluminum Cap found on the east
341	341	right-of-way line of Spur 228 same being the southwest corner of
342	342	said Section 30 for a corner of this tract.
343	343	THENCE N. 00° 11' 35" E., along said east right-of-way line, a
344	344	distance of 4161.54 feet to a/2" iron rod with a yellow cap
345	345	inscribed "RPLS 4263" (such type cap and rod hereafter referred to
346	346	as an OJD Cap) set on said east right-of-way line for the most
347	347	westerly northwest corner of this tract.
348	348	THENCE N. 87° 28' 24" E., continuing along said right-of-way
349	349	line, a distance of 1.08 feet to a Gresham Aluminum Cap found for an
350	350	angle corner of this tract.
351	351	THENCE N. 40° 07' 53" E., along said right-of-way line, a
352	352	distance of 116.08 feet to TxDot Brass Cap Monument found on the
353	353	south right-of-way line of Interstate Highway No. 40 for the most
354	354	northerly northwest corner of this tract.
355	355	THENCE N. 80° 18' 54" E., along said south right-of-way line,
356	356	a distance of 286.20 feet to a Gresham Aluminum Cap found on said
357	357	south right-of-way line for an angle corner of this tract.
358	358	THENCE N. 80° 18' 37" E., continuing along said south
359	359	right-of-way line, a distance of 300.34 feet to a Gresham Aluminum
360	360	Cap found on said south right-of-way line for an angle corner of
361	361	this tract.
362	362	THENCE N. 69° 11' 51" E., continuing along said south
363	363	right-of-way line, a distance of 102.08 feet to a Gresham Aluminum
364	364	Cap found on said south right-of-way line for an angle corner of
365	365	this tract.
366	366	THENCE N. 80° 26' 43" E., continuing along said south
367	367	right-of-way line, a distance of 3052.07 feet to a Gresham Aluminum
368	368	Cap found on said south right-of-way line same being the beginning
369	369	of a curve to the right for a corner of this tract.
370	370	THENCE in a northeasterly direction along said curve to the
371	371	right and said south right-of-way line with a radius equal to
372	372	5579.58 feet, a long chord bearing of N. 82° 11' 05" E. and a long
373	373	chord distance of 338.73 feet, a curve distance of 338.78 feet to a
374	374	Gresham Aluminum Cap found at the end of said curve to the right
375	375	same being on said south right-of-way line for a corner of this
376	376	tract.
377	377	THENCE S. 83° 50' 20" E., continuing along said south
378	378	right-of-way line, a distance of 99.24 feet to a Gresham Aluminum
379	379	Cap found at the beginning of a curve to the right for an angle
380	380	corner of this tract.
381	381	THENCE in a northeasterly direction along said curve to the
382	382	right and said south right-of-way line with a radius equal to
383	383	5559.58 feet, a long chord bearing of N. 87° 00' 13" E. and a long
384	384	chord distance of 409.59 feet, a curve distance of 409.68 feet to a
385	385	Gresham Aluminum Cap found on said curve to the right same being on
386	386	said south right-of-way line for the most northerly northeast
387	387	corner of this tract.
388	388	THENCE S. 00° 17' 53" E. a distance of 1324.32 feet to a
389	389	Gresham Aluminum Cap found for an ell corner of this tract.
390	390	THENCE S. 89° 43' 42" E. a distance of 660.15 feet to a Gresham
391	391	Aluminum Cap found on the west right-of-way line of F.M. Highway
392	392	No. 1912 for the most easterly northeast corner of this tract.
393	393	THENCE S. 00° 17' 55" W., along said west right-of-way line, a
394	394	distance of 2296.12 feet to a Gresham Aluminum Cap found on said
395	395	west right-of-way line for an angle corner of this tract.
396	396	THENCE S. 00° 30' 16" E., continuing along said west
397	397	right-of-way line, a distance of 249.29 feet to a Gresham Aluminum
398	398	Cap found on said west right-of-way line for an ell corner of this
399	399	tract.
400	400	THENCE S. 89° 52' 38" W. a distance of 788.09 feet to a Gresham
401	401	Aluminum Cap found for an ell corner of this tract.
402	402	THENCE S. 00° 06' 07" W. a distance of 2131.04 feet to a
403	403	Gresham Aluminum Cap found for an ell corner of this tract.
404	404	THENCE S. 80° 34' 32" E. a distance of 789.43 feet to a Gresham
405	405	Aluminum Cap found on said west right-of-way line for an ell corner
406	406	of this tract.
407	407	THENCE S. 01° 23' 32" W., along said west right-of-way line, a
408	408	distance of 222.12 feet to a Gresham Aluminum Cap found at the
409	409	intersection of said west right-of-way line and the northerly
410	410	right-of-way line of B. S. N. F. Railroad the southeast corner of
411	411	this tract.
412	412	THENCE N. 80° 33' 44" W., along said northerly right-of-way
413	413	line, a distance of 5315.27 feet to a Gresham Aluminum Cap found on
414	414	said east right-of-way line of said Spur 228 for the southwest
415	415	corner of this tract.
416	416	THENCE N. 00° 11' 35" E., along said east right-of-way line, a
417	417	distance of 536.60 feet to the place of BEGINNING and containing
418	418	621.87 acres of land.
419	419	(b) An 11.30 acre± tract of land in Section 37, Block 2, A.B. &
420	420	M. Survey, Potter County, Texas and being all of a 6.3 acre and a
421	421	5.00 acre tract of land as described in that certain instrument of
422	422	conveyance recorded under Clerk's File No. 20200PR0012200 of the
423	423	Official Public Records of Potter County, Texas. Said 11.30 acre±
424	424	tract of land having been surveyed on the ground by Furman Land
425	425	Surveyors, Inc. on March 28, 2022 and being more particularly
426	426	described by metes and bounds as follows:
427	427	COMMENCING at a 2 inch iron pipe found as called for at the
428	428	Northeast corner of said Section 37, Block 2, A.B. & M. Survey,
429	429	Potter County, Texas;
430	430	THENCE South 00° 04' 30" West (base line) along the East line
431	431	of said Section 37, a distance of 2782.61 feet to a point, from
432	432	whence a 2 inch iron pipe found as called for at the Southeast
433	433	corner of said Section 37 bears South 00° 04' 30" West, 2495.32 feet;
434	434	THENCE North 89° 55' 30" West, 119.69 feet to a 1/2 inch iron
435	435	rod found as called for in the West monumented right-of-way line of
436	436	Spur 228 (Volume 826, Page 117), same point being the most Easterly
437	437	Northeast corner of a 365.69 acre tract of land as described in that
438	438	certain instrument of conveyance recorded in Volume 3753, Page 786
439	439	of the Official Public Records of Potter County, Texas and also
440	440	being the Southeast corner of the herein described tract of land,
441	441	from whence a 5/8 inch iron rod with cap stamped "RPLS 5437" found
442	442	as called for at the Southeast corner of said 365.69 acre tract of
443	443	land bears South 00° 04' 35" West, 3018.41 feet;
444	444	THENCE South 85° 34' 44" West, 652.59 feet to a 1/2 inch iron
445	445	rod found as called for, same point being an interior jog corner of
446	446	said 365.69 acre tract of land and alsot being the Southwest corner
447	447	of this tract of land;
448	448	THENCE North 00° 03' 09" East, 726.94 feet to a 1/2 inch iron
449	449	rod found as called for at the Southwest corner of a 4.92 acre tract
450	450	of land as described in that certain instrument of conveyance
451	451	recorded under Clerk's File No. 1302993 of the Official Public
452	452	Records of Potter County, Texas, same point being the Northwest
453	453	corner of this tract of land;
454	454	THENCE North 80° 28' 11" East, 660.12 feet to a 1/2 inch iron
455	455	rod found in the West monumented right-of-way line of said Spur 228
456	456	at the Southeast corner of said 4.92 acre tract of land, same point
457	457	being the Northeast corner of this tract of land;
458	458	THENCE South 00° 04' 30" West, 785.93 feet to the PLACE OF
459	459	BEGINNING and containing a computed area of 11.30 acres of land,
460	460	more or less.
461	461	(c) A 365.72 acre tract of land out of Sections 36 and 37,
462	462	Block 2, R. B. & M. Survey, Potter County,
463	463	BEGINNING at an RPLS 5437 Cap found at the intersection of the
464	464	west right-of-way line of Spur 228 and the northerly right-of-way
465	465	line of B. N. S. F. Railroad which bears S. 00° 11' 36" W. a distance
466	466	of 517.52 feet and / N. 89° 48' 07" W. a distance of 119.94 feet from
467	467	a Gresham Aluminum Cap found at the southeast corner of said Section
468	468	37 for the southeast corner of this tract.
469	469	THENCE N. 80° 33 36" W., along said northerly right-of-way at
470	470	3247.33 feet pass an RPLS 5437 Cap found, a total distance of
471	471	5272.06 feet to an RPLS 5437 Cap found at the intersection said
472	472	northerly right-of-way line and said east right-of-way line of
473	473	Parsley Road for the southwest corner of this tract.
474	474	THENCE N. 89° 54' 23" E. a distance of 329.88 feet to a Miller
475	475	Cap found for an ell corner of this tract.
476	476	THENCE N. 00° 14' 24" E., along said east right-of-way line, a
477	477	distance of 734.90 feet to an RPLS 5437 Cap found at the
478	478	intersection of said east right-of-way line and the southerly
479	479	right-of-way line of Interstate Highway No. 40 for the northwest
480	480	corner of this tract.
481	481	THENCE N. 44° 26' 23" E., along said southerly right-of-way
482	482	line, a distance of 2938.45 feet to a TxDot Brass Cap Monument found
483	483	on said southerly right-of-way line same being at the beginning of a
484	484	curve to the right for a corner of this tract.
485	485	THENCE in a northeasterly direction along said curve to the
486	486	right and said northerly right-of-way line with a radius equal to
487	487	2714.79 feet, a long chord bearing of N. 62° 26 41" E. and a long
488	488	chord distance of 1677.93 feet, a curve distance of 1705.86 feet to
489	489	a TxDot Brass Cap Monument found at the end of said curve to the
490	490	right same being on said northerly right-of-way line for a corner of
491	491	this tract.
492	492	THENCE N. 80° 27' 32" E., continuing along said northerly
493	493	right-of-way line, a distance of 674.08 feet to a TxDot Brass Cap
494	494	Monument found for an angle corner of this tract.
495	495	THENCE S. 88° 11' 57" E., along said northerly right-of-way
496	496	line, a distance of 101.95 feet to a TxDot Brass Cap Monument found
497	497	for an angle corner of this tract.
498	498	THENCE N. 80° 24' 46" E., along said northerly right-of-way
499	499	line, a distance of 174.69 feet to a Keys Cap found for the most
500	500	northerly northeast corner of this tract.
501	501	THENCE S. 00° 14' 15" W. a distance of 599.85 feet to a Keys
502	502	Cap found for an ell corner of this tract.
503	503	THENCE N. 79° 14' 13" E. a distance of 80.47 feet to a Furman
504	504	Cap found for an ell corner of this tract.
505	505	THENCE S. 00° 10' 13" W. a distance of 1056.85 feet to an RPLS
506	506	5437 Cap found for an ell corner of this tract.
507	507	THENCE N. 85° 41' 53" E. a distance of 652.72 feet to a 1/2"
508	508	iron rod found on the west right-of-way line of Spur 228 for the
509	509	most easterly northeast corner of this tract.
510	510	THENCE S. 00° 12 04" W., along said west right-of-way line, a
511	511	distance of 3018.76 feet to the place of BEGINNING and containing
512	512	365.72 acres of land.
513	513	SECTION 3. (a) The legal notice of the intention to
514	514	introduce this Act, setting forth the general substance of this
515	515	Act, has been published as provided by law, and the notice and a
516	516	copy of this Act have been furnished to all persons, agencies,
517	517	officials, or entities to which they are required to be furnished
518	518	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
519	519	Government Code.
520	520	(b) The governor, one of the required recipients, has
521	521	submitted the notice and Act to the Texas Commission on
522	522	Environmental Quality.
523	523	(c) The Texas Commission on Environmental Quality has filed
524	524	its recommendations relating to this Act with the governor,
525	525	lieutenant governor, and speaker of the house of representatives
526	526	within the required time.
527	527	(d) All requirements of the constitution and laws of this
528	528	state and the rules and procedures of the legislature with respect
529	529	to the notice, introduction, and passage of this Act have been
530	530	fulfilled and accomplished.
531	531	SECTION 4. This Act takes effect immediately if it receives
532	532	a vote of two-thirds of all the members elected to each house, as
533	533	provided by Section 39, Article III, Texas Constitution. If this
534	534	Act does not receive the vote necessary for immediate effect, this
535	535	Act takes effect September 1, 2023.