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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of Rock Prairie Management District No. 1; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, or taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3908 to read as follows: |
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CHAPTER 3908. ROCK PRAIRIE MANAGEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3908.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of College Station. |
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(3) "County" means Brazos County. |
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(4) "Director" means a board member. |
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(5) "District" means the Rock Prairie Management |
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District No. 1. |
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Sec. 3908.002. NATURE OF DISTRICT. The Rock Prairie |
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Management District No. 1 is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3908.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city, the |
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county, and other political subdivisions to contract with the |
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district, the legislature has established a program to accomplish |
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the public purposes set out in Section 52-a, Article III, Texas |
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Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city or the county from providing the |
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level of services provided as of the effective date of the Act |
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enacting this chapter to the area in the district. The district is |
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created to supplement and not to supplant city or county services |
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provided in the district. |
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Sec. 3908.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3908.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose or collect an assessment; or |
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(4) legality or operation. |
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Sec. 3908.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code; or |
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(4) an industrial district created under Chapter 42, |
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Local Government Code. |
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Sec. 3908.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3908.008. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed in conformity with the findings and purposes |
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stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3908.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of 11 voting directors who serve staggered terms |
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of four years, with 5 or 6 directors' terms expiring June 1 of each |
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odd-numbered year. |
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(b) The city by resolution may change the number of voting |
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directors on the board if the governing body of the city determines |
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that the change is in the best interest of the district. The board |
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may not consist of fewer than 7 or more than 15 voting directors. |
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Sec. 3908.052. APPOINTMENT OF VOTING DIRECTORS. The mayor |
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and members of the governing body of the city shall appoint voting |
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directors. A person is appointed if a majority of those members and |
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the mayor vote to appoint that person. |
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Sec. 3908.053. NONVOTING DIRECTORS. The board may appoint |
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nonvoting directors to serve at the pleasure of the voting |
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directors. |
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Sec. 3908.054. QUORUM. For purposes of determining the |
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requirements for a quorum of the board, the following are not |
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counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest; or |
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(3) a nonvoting director. |
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Sec. 3908.055. INITIAL VOTING DIRECTORS. (a) The initial |
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board consists of the following voting directors: |
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Pos. No. Name of Director |
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1 |
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2 |
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3 |
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4 |
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5 |
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6 |
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7 |
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8 |
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9 |
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10 |
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11 |
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(b) Of the initial directors, the terms of directors |
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appointed for positions 1 through 5 expire June 1, 2015, and the |
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terms of directors appointed for positions 6 through 11 expire June |
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1, 2017. |
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(c) Section 3908.052 does not apply to this section. |
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(d) This section expires September 1, 2017. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3908.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3908.102. IMPROVEMENT PROJECTS AND SERVICES. The |
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district may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service using any money available to the district, or contract with |
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a governmental or private entity to provide, design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project or service authorized under this chapter or |
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Chapter 375, Local Government Code. |
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Sec. 3908.103. DEVELOPMENT CORPORATION POWERS. The |
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district, using money available to the district, may exercise the |
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powers given to a development corporation under Chapter 505, Local |
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Government Code, including the power to own, operate, acquire, |
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construct, lease, improve, or maintain a project under that |
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chapter. |
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Sec. 3908.104. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall select directors from the board to serve |
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as the board of directors of the nonprofit corporation. The board |
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may appoint one or more persons who are not directors to the board |
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of directors of the nonprofit corporation if the governing body of |
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the city determines that the appointment is in the best interest of |
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the district. The board of directors of the nonprofit corporation |
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shall serve in the same manner as the board of directors of a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code, except that a board member is not required to |
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reside in the district. |
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Sec. 3908.105. AGREEMENTS; GRANTS. (a) As provided by |
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Chapter 375, Local Government Code, the district may make an |
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agreement with or accept a gift, grant, or loan from any person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3908.106. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with a qualified party, |
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including the county or the city, to provide law enforcement |
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services in the district for a fee. |
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Sec. 3908.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3908.108. ECONOMIC DEVELOPMENT. (a) The district may |
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engage in activities that accomplish the economic development |
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purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers provided to |
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municipalities by: |
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(1) Chapter 380, Local Government Code; and |
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(2) Subchapter A, Chapter 1509, Government Code. |
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Sec. 3908.109. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The district's parking facilities are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3908.110. ANNEXATION OF LAND. The district may annex |
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land as provided by Subchapter J, Chapter 49, Water Code. |
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Sec. 3908.111. APPROVAL BY CITY. (a) Except as provided by |
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Subsection (c), the district must obtain the approval of the city |
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for: |
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(1) the issuance of bonds; |
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(2) the plans and specifications of an improvement |
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project financed by bonds; and |
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(3) the plans and specifications of an improvement |
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project related to the use of land owned by the city, an easement |
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granted by the city, or a right-of-way of a street, road, or |
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highway. |
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(b) The district may not issue bonds until the governing |
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body of the city adopts a resolution or ordinance authorizing the |
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issuance of the bonds. |
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(c) If the district obtains the approval of the city of a |
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capital improvements budget for a period not to exceed 10 years, the |
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district may finance the capital improvements and issue bonds |
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specified in the budget without further approval from the city. |
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(d) The governing body of the city: |
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(1) is not required to adopt a resolution or ordinance |
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to approve plans and specifications described by Subsection (a); |
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and |
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(2) may establish an administrative process to approve |
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plans and specifications described by Subsection (a) without the |
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involvement of the governing body. |
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Sec. 3908.112. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3908.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of district money. |
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Sec. 3908.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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any improvement or service authorized under this chapter or Chapter |
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375, Local Government Code, using any money available to the |
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district. |
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Sec. 3908.153. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for the county. |
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Sec. 3908.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 3908.155. EXEMPTIONS. Section 375.162, Local |
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Government Code, does not apply to an organization exempt from |
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federal income tax under Section 501(a), Internal Revenue Code of |
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1986, by being described by Section 501(c)(3) of that code, |
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operating in the district. The organization is not exempt from |
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paying a district assessment. |
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Sec. 3908.156. ASSESSMENT ABATEMENT. The district may |
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designate reinvestment zones and may grant abatements of an |
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assessment on property in the zones. |
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Sec. 3908.157. NO AD VALOREM TAX. This district may not |
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impose an ad valorem tax. |
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SUBCHAPTER E. BONDS |
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Sec. 3908.201. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS |
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AND OTHER OBLIGATIONS. (a) The district may borrow money on terms |
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determined by the board. |
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(b) The district may issue, without an election, bonds, |
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notes, or other obligations payable wholly or partly from |
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assessments, impact fees, revenue, contract payments, grants, or |
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other district money, or any combination of those sources of money, |
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to pay for any authorized district purpose. |
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Sec. 3908.202. CITY NOT REQUIRED TO PAY DISTRICT |
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OBLIGATIONS. Except as provided by Section 375.263, Local |
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Government Code, the city is not required to pay a bond, note, or |
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other obligation of the district. |
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SECTION 2. Rock Prairie Management District No. 1 initially |
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includes all territory contained in the following area: |
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All that certain tract or parcel of land lying and being |
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situated in the Crawford Burnett league (abstract no. 7), Robert |
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Stevenson league (abstract no. 54) and Thomas Caruthers league |
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(abstract no. 9) in College Station, Brazos County, Texas, |
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generally being an area centered around the intersection of Rock |
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Prairie Road and State Highway no. 6, and the boundary being more |
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particularly described as follows: |
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Beginning at the intersection of the south right-of-way line |
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of Rock Prairie Road East (60 feet south of surveyed centerline) and |
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the east boundary of Block 7 of the Scott & White Healthcare |
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Subdivision (vol. 10179, pg. 50), being the northeast corner of Lot |
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1, Block 7 of said subdivision, and from where the City of College |
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Station GPS control monument no. 9 bears S 82° 02' 35" E - 7016.5 |
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feet. |
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Thence along the east boundary lines of said Scott & White |
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subdivision as follows: |
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S 2° 42' 34" E - 1023.83 feet, S 50° 49' 32" W - 930.60 |
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feet, S 47° 37' 11" E - 128.13 feet and S 41° 15' 39" W - 1224.44 feet |
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to the northeast right-of-way line of State Highway no. 6; |
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Thence along the said highway northeast right-of-way lines as |
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follows: |
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S 34° 27' 26" E - 55.00 feet, S 27° 43' 31" E - 192.30 |
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feet, S 36° 45' 17" E - 383.87 feet and S 42° 27' 25" E - 105.18 feet |
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to a southeast line of that M.D. Wheeler, Ltd. 10.01 acre Tract One |
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(vol. 3007, pg. 341); |
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Thence along the southeast lines of said M.D. Wheeler Tract |
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One and the southwest lines of 71.52 acre Tract Two as follows: |
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N 41° 43' 32" E - 194.25 feet, N 21° 27' 46" E - 145.09 |
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feet, S 46° 46' 09" E - 304.24 feet and S 47° 42' 33" E - 177.08 feet |
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to the west corner of that IHD Properties, LLC 2.77 acre Tract One |
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(vol. 10144, pg. 203); |
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Thence along the north, east and south lines of said IHD |
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Properties tract as follows: |
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N 72° 19' 02" E - 202.14 feet, S 47° 42' 56" E - 638.83 |
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feet and S 42° 17' 04" W - 175.00 feet to the northeast common corner |
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of the Harley Subdivision (vol. 3961, pg. 236) and Cooper's |
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Subdivision (vol. 4708, pg. 230) in a southwest line of said Wheeler |
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Tract Two; |
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Thence S 47° 42' 16" E - 1053.70 feet along the northeast line |
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of said Cooper's Subdivision and continuing along the northeast |
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line of the Barker Subdivision (vol. 5101, pg. 182) to its east |
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corner; |
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Thence S 38° 51' 07" W - 279.95 feet along the southeast line |
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of said Barker Subdivision to its south corner in the northeast line |
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of State Highway no. 6, also being a west corner of the City of |
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College Station 46.60 acre tract (vol. 3310, pg. 321); |
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Thence crossing said highway and along its southwest |
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right-of-way lines as follows: |
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S 58° 32' 52" W - 371.50 feet, N 49° 25' 00" W - 238.23 |
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feet, N 43° 42' 22" W - 201.00 feet, N 49° 25' 00" W - 1400.00 feet, N |
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46° 52' 14" W - 413.20 feet, N 38° 34' 52" W - 507.10 feet, N 32° 13' |
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53" W - 534.28 feet, N 27° 56' 32" W - 200.56 feet, N 32° 13' 53" W - |
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400.00 feet, N 35° 05' 29" W - 200.28 feet and N 82° 25' 23" W - 78.10 |
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feet to the westerly north corner of Lot 1, Block 1 of Graham Corner |
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Plaza (vol. 5878, pg. 129) in the southeast line of Graham Road; |
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Thence N 40° 30' 48" W - 71.60 feet across Graham Road to the |
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east corner of the remainder of the Jack E. Winslow, Jr. 3.0 acre |
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tract (vol. 2291, pg 140 and vol. 2835, pg. 180) in the northwest |
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line of Graham Road (vol. 2086, pg. 58); |
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Thence N 32° 13' 25" W - 311.17 feet, along the southwest |
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right-of-way line of State Highway no. 6, to the north corner of the |
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said Winslow 3.0 acre tract; |
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Thence N 43° 01' 34" W - 187.16 feet, continuing along the |
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southwest highway right-of-way to its intersection with the |
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southeast right-of-way line of Birmingham Drive, at the north |
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corner of Lot 1, Block 2 of Belmont Place (vol. 816, pg. 681); |
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Thence S 56° 19' 13" W - 882.77 feet, along the said southeast |
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line of Birmingham Drive, along the northwest line of said Belmont |
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Place (vol. 816, pg. 681), Belmont Place Section Three (vol. 9485, |
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pg. 231) and across Longmire Drive to the westerly north corner of |
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Lot 3, Block Four of Belmont Place Section Three (vol. 8104, pg. |
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183); |
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Thence along the east, south and west lines of said Lot 3, |
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Block Four as follows: |
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S 76° 46' 03" E - 34.73 feet, S 33° 37' 31" E - 63.93 feet |
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to the beginning of a tangent curve to the right with a radius of |
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605.00 feet, along said curve through a central angle of 13° 05' 29" |
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to the point of tangency, S 20° 32' 02" E - 77.73 feet to the east |
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corner of Lot 3, S 56° 19' 13" W - 192.21 feet and N 33° 40' 47" W - |
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302.00 feet to the west corner of Lot 3 in the southeast line of |
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Birmingham Drive; |
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Thence along the southeast right-of-way lines of Birmingham |
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Drive (vol. 1024, pg. 826) as follows: |
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S 56° 19' 13" W - 578.30 feet to the beginning of a |
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tangent curve to the left with a radius of 379.78, along said curve |
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through a central angle of 8° 39' 09" to the point of tangency and S |
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47° 40' 04" W - 248.52 feet to the northeast line of the City of |
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College Station 35.00 acre tract (vol. 692, pg. 506); |
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Thence along the northeast lines of the said City 35.00 acre |
|
tract as follows: |
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S 48° 01' 03" E - 522.82 feet and S 46° 38' 56" E - 421.66 |
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feet to the northwest right-of-way of Graham Road (vol. 1955, pg. |
|
245); |
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Thence along the said northwest right-of-way lines of Graham |
|
Road as follows: |
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S 41° 33' 01" W - 18.30 feet, S 42° 04' 18" W - 521.46 feet |
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and S 41° 03' 13" W - 319.08 feet to the southwest line of said 35.00 |
|
acre tract; |
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Thence N 47° 40' 02" W - 1753.06 feet along the said southwest |
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line of the 35.00 acre tract to the west corner of same in the common |
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line of the F.M. and Olive Arnold 50 acre tract (vol. 200, pg. 445) |
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and the Texas Hotel Management Corporation 17.215 acre tract (vol. |
|
3665, pg. 248); |
|
Thence along the said common Arnold and Texas Hotel lines and |
|
continuing along the northwest lines of Arnold Road (vol. 5027, pg. |
|
162) as follows: |
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S 43° 02' 52" W - 190.23 feet, S 42° 48' 34" E - 37.00 |
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feet, S 43° 06' 26" W - 10.80 feet, N 42° 48' 34" W - 37.00 feet, S 43° |
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06' 26" W - 34.60 feet, S 65° 14' 25" W - 160.32 feet, N 47° 33' 07" W - |
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32.38 feet, S 63° 10' 11" W - 180.26 feet, to the beginning of a |
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tangent curve to the left with a radius of 405.00 feet, along said |
|
curve through a central angle of 17° 37' 25" to the end of said |
|
curve, and S 55° 19' 37" W - 5.32 feet to the east corner of the City |
|
of College Station 9.93 acre tract (vol. 448, pg. 230); |
|
Thence along the south, west and north boundary of Brian |
|
Bachmann Athletic Park (formerly Southwood Athletic Park) and |
|
continuing along Rock Prairie Road as follows: |
|
S 41° 59' 07" W - 1027.13 feet along the northwest line |
|
of Arnold Road and southeast lines of the said City 9.93 acre tract |
|
and the City 15.89 acre tract (vol. 448, pg. 232), N 43° 45' 01" W - |
|
1185.92 feet, along the southwest line of said 15.89 acre tract to |
|
the southeast right-of-way line of Rock Prairie Road (80' R.O.W. - |
|
vol. 779, pg. 571), N 51° 57' 01" E - 1177.50 feet along said |
|
southeast line of Rock Prairie Road to the beginning of a tangent |
|
curve to the right with a radius of 1006.62 feet in the southeast |
|
boundary of Southwood Terrace Phase 3-C (vol. 523, pg. 431), along |
|
said curve through a central angle of 8° 11' 51" to the point of |
|
tangency, N 60° 08' 52" E - 1486.99 feet along the southeast boundary |
|
of Southwood Terrace Phase 3-B (vol. 579, pg. 380) and Phase 3-A |
|
(vol. 519, pg. 378) to the beginning of a tangent curve to the right |
|
with a radius of 960.00 feet, along said curve through a central |
|
angle of 18° 38' 31" to the point of tangency, N 78° 47' 23" E - 14.90 |
|
feet and N 11° 12' 37" W - 79.72 feet across Rock Prairie Road to the |
|
southwest corner of the Remington Subdivision (vol. 1239, pg. 219); |
|
Thence along the west boundary lines of said Remington |
|
Subdivision, the northwest boundary of Tract B, Ponderosa Place |
|
Section Two (vol. 2680, pg. 321) and Longmire Place (vol. 3377, pg. |
|
155) and along the southwest boundary of Ponderosa Place (vol. 490, |
|
pg. 169) as follows: |
|
N 26° 55' 04" W - 252.32 feet, N 17° 18' 19" E - 259.07 |
|
feet, N 42° 34' 17" E - 624.79 feet and N 40° 39' 13" W - 796.43 feet |
|
to the west corner of Lot 4, Block 21 of Ponderosa Place, in the |
|
southeast line of Ponderosa Road; |
|
Thence N 49° 20' 47" E - 1150.00 feet, along the southeast |
|
right-of-way line of Ponderosa Road, to the north corner of Lot 1, |
|
Block 19 of Ponderosa Place, in the southwest right-of-way of State |
|
Highway no. 6; |
|
Thence along the said highway southwest right-of-way lines as |
|
follows: |
|
S 40° 39' 13" E - 480.00 feet, S 32° 12' 28" E - 185.04 |
|
feet, S 41° 13' 02" E - 80.23 feet and S 17° 22' 13" E - 34.06 feet to |
|
the southeast line of Lot 1, Block 20 of Ponderosa Place; |
|
Thence N 78° 53' 01" E - 493.32 feet, across State Highway no. |
|
6 to the west corner of Lot 2-B, Block One of Cornerstone Commercial |
|
Section One (vol. 3922, pg. 282) in the southeast right-of-way line |
|
of Woodcreek Drive; |
|
Thence along the southeast right-of-way of Woodcreek Drive as |
|
follows: |
|
Along the arc of a curve to the right with a radius of |
|
890.00 feet, through a central angle of 9° 52' 07", the chord of |
|
which bears N 52° 46' 54" E - 153.10 feet, N 57° 42' 58" E - 318.00 |
|
feet to the beginning of a tangent curve to the left with a radius of |
|
835.00 feet, along said curve through a central angle of 8° 00' 00" |
|
to the north corner of Lot 1 (vol. 3283, pg. 201); |
|
Thence along the northeast lines of Lot 1 and Lot 2-A of said |
|
Cornerstone Commercial Section One as follows: |
|
S 40° 17' 03" E - 155.81 feet to the east common corner of |
|
Lot 1 and Lot 2-A and the beginning of a tangent curve to the right |
|
with a radius of 600.00 feet, along said arc through a central angle |
|
of 16° 01' 29" to the point of tangency, and S 24° 15' 34" E - 280.69 |
|
feet to the most easterly corner of said Lot 2-A; |
|
Thence along the south boundary lines of Woodcreek Section 4 |
|
(vol. 1315, pg. 217), Section Six South (vol. 2109, pg. 199) and |
|
Section Seven (vol. 2580, pg. 113), defining the north boundary |
|
lines of the remainder of the Edward Jr. and Beatrice Uvaceck tract |
|
(vol. 274, pg. 383 and vol. 321, pg. 664), as follows: |
|
N 24° 13' 07" E - 555.17 feet, N 79° 45' 53" E - 313.69 |
|
feet, S 48° 05' 30" E - 216.00 feet, S 44° 28' 03" E - 75.26 feet, S 28° |
|
11' 32" E - 108.12 feet, S 34° 34' 23" E - 162.74 feet, S 39° 46' 00" E |
|
- 149.62 feet, S 44° 34' 42" E - 282.83 feet, N 24° 16' 33" E - 134.65 |
|
feet and N 68° 52' 20" E - 230.83 feet to the northwest corner of the |
|
Riviera Addition (vol. 6607, pg. 97); |
|
Thence S 15° 28' 15" E - 269.56 feet, along the west line of |
|
said Riviera Addition, to the north right-of-way line of Rock |
|
Prairie Road East (59.0 feet north of surveyed centerline); |
|
Thence S 86° 27' 34" E - 961.09 feet, along said north |
|
right-of-way line, to its intersection with an extension of the |
|
east boundary of Block 7 of the Scott & White Healthcare |
|
Subdivision; |
|
Thence S 2° 42' 34" E - 120.04 feet, across Rock Prairie Road, |
|
to the Point of Beginning and containing 437.07 acres of land 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. |